Truck driver's death sparks new skip regulations

Friday 28 September 2018

New rules governing the loading of skips have been drawn up and will come into force in November, sparked by the death of a respected 62-year-old truck driver who died after a routine manoeuvre went fatally wrong.

Georges Le Maistre – who was described as an “experienced operator of commercial vehicles” – lost his life in June 2014 after being crushed between a granite wall and the wheel of his truck, which had been trying to unload a sand-filled skip at the time.

An inquest into his death held in April 2017 heard that he had been delivering a 7.16-ton skipload of sand – itself within another, empty skip - to the narrow rear entrance of a St. Helier property under renovation. 

Subsequent investigations by Health and Safety Inspectorate Director Tammy Fage showed that the truck had been operating a load more than twice the recommended safe operational weight, with the overall weight of the two skips and sand totalling 8.13 tons, and that Mr Le Maistre only had an area of 18 inches between the vehicle and wall from which to operate the unloading controls.

Pictured: Georges Le Maistre lost his life in June 2014.

Coroner Advocate Mark Harris subsequently recommended that the Minister for Social Security - then Deputy Susie Pinel - take action to prevent future deaths.

She agreed to develop an Approved Code of Practice under the instruction of Health and Safety Inspectorate Director Tammy Fage.

Earlier this year, a consultation was finally held with local construction businesses over the proposed regulations, which set standards relating to the inspection, examination and maintenance of vehicles and lifting equipment, as well as the training and assessment of competence of skip operators. This was done to address the main dangers associated with skip and hook loaders during skip operations.

Between August and December 2017, all known commercial skip and hook loader operators in the island were contacted to express their views on the proposed changes. The rest of the public was then consulted this year between July and August.

The consultation showed "unanimous agreement" for the introduction of the Approved Code of Practice. No negative comments were received during the consultation but some minor amendments were made, mostly in terms of additional guidance.

Pictured: Deputy Judy Martin, the Minister for Social Security.

The Minister for Social Security, Deputy Judy Martin, has now approved the new regulations, which will come into force on 1 November.

While a failure to follow the guidance set out in the Code of Practice is not an offence, it means that managers will have to show Court they have provided an equivalent level of safety by alternative means. If not, they will be found guilty of the offence.