Van driver killed by entrance barrier
The incident
Tommy Mann (M) was driving out of the cider manufacturer’s farm in Herefordshire in September 2020 when the horizontal swing barrier speared his windscreen, killing him instantly. The barrier had only been installed a month before the incident occurred. Upon investigation it was found that the company, H Weston and Son (W), had failed to undertake a suitable and sufficient risk assessment of the operation of the swing barrier. This in turn led to failure to implement a safe system of work to ensure that the barrier was secure when open and shut.
In court
W admitted breaching regulation 3.1 Management of Health and Safety at Work Regulations 1999 and s2.1 Health and Safety at Work etc. Act 1974 . It was fined £1.4m with costs of £26,756.50.
Swing barriers
Horizontal swing barriers can be found in car parks used in retail, office blocks, educational establishments and many other premises. A barrier typically comprises a horizontal bar hinged at a vertical pillar. The bar is manually moved to open or close off access to a car park exit/entrance. Duty holders include persons in charge of the entrances to industrial estates, retail and leisure premises, sporting complexes, parks, farms, etc.
Hazards of using a swing barrier
Horizontal swing barriers rely on human intervention to ensure they are locked open or shut. They are susceptible to vandalism and unsecured barriers can swing open due to the wind or gravity. Accidents can occur when barriers have been inadequately secured, meaning they have partially opened and present a least visible end on profile which can impale an oncoming vehicle, because it may not be clearly visible to an oncoming driver. Other incidents include barriers swinging into the path of an oncoming vehicle, and even swinging into pedestrians that are walking past.
Note. These hazards don’t apply to just swing barriers. Vertically opening or lifting barriers also present safety risks if they are not correctly controlled.
What you need to do
If you are in charge of the operations of any type of entrance barrier there are key considerations to take into account. They include:
- carrying out a suitable risk assessment so that dangers are identified and precautions put in place to ensure they are removed or controlled
- where horizontal barriers are used, making sure they are adequately secured at all times whether open or shut (a padlock will suffice)
- making sure the barriers are made visible by marking with alternate red and white bands
- ensuring there is adequate local lighting so drivers can see the barrier
- carrying out regular inspections and maintenance to ensure controls are effective.
Tip. Use our Workplace Transport Policy to set out how you intend to manage the risk of traffic routes, including the use of entrance barriers (see The next step ).
For our Workplace Transport Policy, visit https://www.tips-and-advice.co.uk , Download Zone, year 22 issue 14.
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