Firstly i would like to start with i am a non Trucker but acting on behalf of one my Uncle Gary Anderson, whom recently passed away at Work. I’am really at my wits end and at a last cause and would like to reach out for some advice if possible… I have really struggled to comprehend the whole thing never mind approach here. To cut a long story short, my uncle was left in a Oil Tanker for more than 24hrs, whilst still carrying a full load of 3YE… This is not the issue, i feel as if the Co. in Question have not treated this situation in a dignified manor, they had failed to contact the HSE(Which in due course i had to do myself) which is another story.
From contacting the company they are being very cold and reserved to the situation which occurred in Jan 2019’. Avoiding all questions and everything else in regards to some closure of my Big Uncle.
In summary; i feel as if he has not got the dignity he deserved there is a hush hush between us and the company. We just want closure. From them failing to contact the health and safety exec and doing so on my own accord.
Any sort of advise in this matter would help dearly,
My advice would be to contact a solicitor or lawyer in this field. Im sure google can provide details on this. Although you may struggle to find help for this as usually once a company ceases trading follow ups are hard. Regards.
Many thanks for replying to me… I hear you however its more the social unjust rather than taking criminal proceedings against this company, as i feel as his death has been unjust. He was left over 24hrs in his cabin carrying dangerous goods outside a populated area. I have approached injury lawyers in regards to seeing if there was any case which again as you said (not specialising) in. They would not take the case as they could not prove fault at the company if they did pick up the fact there was a truck carrying 3YE with a full tank out and about. Where i know fine well the Truck has a GPS tracking system a ePOD delivery system tracker and Tacky Graph. its the failing and not knowing and leaving a dangerous Vehicle left out without knowledge. The Company in question is still very much active in the West Coast of Scotland and will be. Not only this they have not informed the Health and Safety Executive, to which i had to do myself at a difficult time… I have now had to complain to them as i have reported RIDDOR twice and they have not auctioned it(That is a different matter).
Again thank you dearly for your reply as it is a last resort for me and fam.
Firstly, I am sorry for your loss and for your perceived lack of closure.
I’ll offer you my observations based on what you wrote.
You said “He was left over 24hrs in his cabin” which you might best get an explanation for by contacting the Police.
You said “a truck carrying 3YE with a full tank”
The 3YE is just an Emergency Action Code (EAC) for the emergency services, such as the fire brigade. The EAC tells them in code how to deal with a fire or spillage of the four-digit number just below it on the signage.
If what you’ve said about the “3YE” is correct, I can say (almost certainly) that your Uncle’s vehicle was carrying Petrol as a full load, OR petrol with either or both Kerosene/Diesel. (Perfectly legal.)
If the 3YE was being correctly displayed (we don’t know one way or the other) then the vehicle would probably be fitted with a tracker to comply with UK and international security requirements for carrying >3,000L of petrol in a tanker. (Same rules apply in Scotland.) We don’t know one way or the other whether a tracker was fitted/working, or the amount of petrol being carried at the time.
If there was >3,000L of petrol on board and the vehicle had a functioning tracker fitted, then the company should have realised that their vehicle was exhibiting ‘unusual’ movement, or the lack of it, then their (legally required) security plan should have been implemented. Your avenues of enquiry for this aspect are with DVSA who deal with security matters involving High Consequence Dangerous Goods (HCDG) on behalf of the DfT.
It’s not your fault, and I’m sorry for this, but there are rather too many ifs, buts and gaps for me to give you anything more precise.
Given the circumstances of this tragedy as described there would have been an Inquest and full Coroner’s Report which with the correct legal guidance the OP can gain access to.
gingerfold:
Given the circumstances of this tragedy as described there would have been an Inquest and full Coroner’s Report which with the correct legal guidance the OP can gain access to.
There is no system of Coroner’s Inquests in Scotland (which is where this death appears to have occurred, if I’m reading it correctly?).
gingerfold:
Given the circumstances of this tragedy as described there would have been an Inquest and full Coroner’s Report which with the correct legal guidance the OP can gain access to.
There is no system of Coroner’s Inquests in Scotland (which is where this death appears to have occurred, if I’m reading it correctly?).
gingerfold:
Given the circumstances of this tragedy as described there would have been an Inquest and full Coroner’s Report which with the correct legal guidance the OP can gain access to.
There is no system of Coroner’s Inquests in Scotland (which is where this death appears to have occurred, if I’m reading it correctly?).
I knew that there are differences between Scottish law and English law, so with no proper subject knowledge… I stuck to a suggestion that the OP could ask the Police.
All the dangerous goods goods by road stuff I mentioned holds good on the whole UK mainland though.
gingerfold:
Given the circumstances of this tragedy as described there would have been an Inquest and full Coroner’s Report which with the correct legal guidance the OP can gain access to.
There is no system of Coroner’s Inquests in Scotland (which is where this death appears to have occurred, if I’m reading it correctly?).
Inquests are held by a Sherriff in Scotland
And again assuming this took place in Scotland, then all sudden and unexplained deaths must be reported to the Procurator Fiscal, usually by the police. This is a common occurrence here. Following an initial investigation can lead to a Fatal Accident Inquiry if the COPFS deem it to be necessary, which is then presided by a Sheriff in court.
The OP could ask the Procurator Fiscal to pass on the documents connected to the investigation of the death. However I know from experience
this can be very distressing for the loved ones. You have to remember they are factual documents and will contain legal and medical terms not easy
to understand.
I’ve read and reread the couple of posts from the OP, I’m finding it difficult to understand what exactly he is hoping for from this.
Is it monetary compensation? as I don’t understand what continually consulting lawyers and posting on Internet forums is going to achieve other than prolonging a grieving process when a family member has sadly passed away.
We are in a blame culture unfortunately and people have to find someone to “Blame” for everything that happens that they don’t like.
I’m not meaning to sound uncaring but would the OP please explain what outcome he is seeking.
Grumpy_old_trucker:
I’ve read and reread the couple of posts from the OP, I’m finding it difficult to understand what exactly he is hoping for from this.
Is it monetary compensation? as I don’t understand what continually consulting lawyers and posting on Internet forums is going to achieve other than prolonging a grieving process when a family member has sadly passed away.
We are in a blame culture unfortunately and people have to find someone to “Blame” for everything that happens that they don’t like.
I’m not meaning to sound uncaring but would the OP please explain what outcome he is seeking.
I second this. I’m also unsure of what the company has done so wrong. Yes he wasn’t discovered for 24 hours but that’s hardly unheard of, in lorries and otherwise. They seem to just be dragging everything on for themselves as I see it. Clearly not been perfectly handled but is death ever?
If i may also ask before all this. Did you ever check on him daily when he was alive. When i work away from home i get calls and messages to see how i am doing. As stated above whats the ultimate outcome you are expecting. Get the inquest report and work from there.
Grumpy_old_trucker:
I’ve read and reread the couple of posts from the OP, I’m finding it difficult to understand what exactly he is hoping for from this.
Is it monetary compensation? as I don’t understand what continually consulting lawyers and posting on Internet forums is going to achieve other than prolonging a grieving process when a family member has sadly passed away.
We are in a blame culture unfortunately and people have to find someone to “Blame” for everything that happens that they don’t like.
I’m not meaning to sound uncaring but would the OP please explain what outcome he is seeking.
I second this. I’m also unsure of what the company has done so wrong. Yes he wasn’t discovered for 24 hours but that’s hardly unheard of, in lorries and otherwise. They seem to just be dragging everything on for themselves as I see it. Clearly not been perfectly handled but is death ever?
I read it he was left there even though they knew he was dead but I might have the wrong end of the stick. Thinking about it, it is quite hard to imagine how that would be the case.
It has happened before an I.C.I tanker driver died in his cab and spent the whole of the bank holiday week-end slumped over the steering wheel this was in about 1970 at Newport Pagnall services.
jeffreyk:
It has happened before an I.C.I tanker driver died in his cab and spent the whole of the bank holiday week-end slumped over the steering wheel this was in about 1970 at Newport Pagnall services.
I’m sure that may be so, we went days without talking to the Office. But now, with trackers, mobile phones etc? Is that still as understandable?
jeffreyk:
It has happened before an I.C.I tanker driver died in his cab and spent the whole of the bank holiday week-end slumped over the steering wheel this was in about 1970 at Newport Pagnall services.
I’m sure that may be so, we went days without talking to the Office. But now, with trackers, mobile phones etc? Is that still as understandable?
Hi Franglais,
I’d say ‘no’ because of what I wrote (including my caveats) about petrol in my post above.
In the UK, if a tanker carries >3,000L of petrol, it IS legally subject to extra security requirements, including the employer ( = the Carrier) having and implementing a security plan. This also applies to a number of other substances in several UN Classes which are designated as High Consequence Dangerous Goods (HCDG) in ADR.
As a general piece of (free ) advice, the DGSA acting for any company who carries HCDGs would be well advised to remember that it is his responsibility to check (when it’s applicable) that a HCDG security plan exists, and that proper procedures have been followed. I’d also advise that DVSA have a number of specially trained HCDG officers.
I’ve been directly ‘dip sampled’ by the DfT themselves on HCDG, their requirement being that I was given a short time to forward TWO historical DGSA annual reports in respect of one of my clients who regularly carries far nastier stuff than petrol. Everything was found to be in order, so no problems were encountered.
) advice, the DGSA acting for any company who carries HCDGs would be well advised to remember that it is his responsibility to check (when it’s applicable) that a HCDG security plan exists, and that proper procedures have been followed. I’d also advise that DVSA have a number of specially trained HCDG officers.