Worker buried alive under load tipped by lorry

Andrew Scott Harrold, 33, was working at Transpan (Scotland) Limited’s Tore Mill site, off Harbour Road, Inverness, when the incident happened in February 2011.

A digger was needed to scoop out eight to 10 tonnes of wheat before finding Mr Harrold. He was unconscious and attempts were made to resuscitate him, but he died at the scene.

Investigations by HSE inspectors discovered a bungee-style cord was positioned over the controls that were meant to be operated only by hand – a system which ensured the operator was away from the tail section as the hydraulics lifted it up.

Inverness Sheriff Court heard that the tipper was already in the process of rising before Mr Harrold had finished opening the catches on the back door, which then burst open.

Transpan (Scotland) Limited, a company that transports animal feed, pleaded guilty to a charge brought under Section 2 and 33(1)(a) of the Health and Safety at Work etc Act 1974.

HSE Principal Inspector Niall Miller said: "This risk here was entirely foreseeable. The bungees or elasticated cords on this tipping control had been on there for some time and there were other devices – such as pieces of wood and plastic pipe – that were used to defeat the safety function on other lorries. Transpan could easily have supervised drivers on site. If Mr Harrold had been prevented from using the elasticated cord on the tipping control, he could not have gone behind his lorry when it was tipping upwards.”