A recent prosecution following a devastating workplace transport incident has once again emphasised the critical importance of robust safety systems in the road transport and waste management sectors. London Energy Ltd was fined £400,000 after a council worker was crushed by a reversing vehicle at a temporary waste transfer site in Edmonton. The case, heard at Westminster Magistrates’ Court, highlights the very real risks of inadequate planning and poor segregation of vehicles and pedestrians.
The incident
On 13 May 2022, Paul McDaid, an Enfield Council employee, was seriously injured while closing the tailgate of his tractor after tipping waste into a nearby bay. A shovel loader, reversing in the same temporary work area, failed to see him and trapped him between the two vehicles.
The legal consequences
An investigation by the Health and Safety Executive (HSE) found that London Energy Ltd failed to carry out a suitable and sufficient risk assessment for the temporary working area where the incident occurred. The company had also failed to implement suitable control measures to segregate pedestrians and vehicles, despite clear and accessible guidance on workplace transport safety. The absence of physical barriers and safe systems of work created a foreseeable risk of serious injury. These failings directly contributed to the incident.
London Energy Ltd pleaded guilty to breaching section 3(1) of the Health and Safety at Work etc. Act 1974. The court imposed a £400,000 fine and ordered the company to pay £5,573 in costs.
What this means for the road transport sector
This case is a stark reminder that transport operations, whether permanent or temporary, must be underpinned by rigorous safety protocols. The legal duty to protect not only employees but also contractors and visitors is non-negotiable. Failures in this area can lead to life-changing injuries, reputational damage, and significant financial penalties.
How our road transport regulatory team can help
Don’t wait for an incident to occur to act. The London Energy case is a powerful example of the serious consequences that can occur when safety is not properly assessed. At Birketts LLP, we specialise in helping transport operators, local authorities, and logistics providers navigate the complex regulatory landscape. Our team advises on:
- workplace transport risk assessments
- operator licence compliance
- Traffic Commissioner public inquiries
- incident response and HSE investigations
- defence against prosecutions under the Health and Safety at Work Act.
We combine legal expertise with practical industry knowledge to deliver clear, actionable advice whether you’re responding to an incident or proactively seeking to strengthen your compliance framework.
For further information on how Birketts can support your operations, contact our Regulatory and Corporate Defence Team.
Key Contacts
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at July 2025.