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Originally Posted by Kapitan
The veichle is classified as HGV class 2 and im not qualified to drive it but as i am chief loader as the other two guys were agency i have to make the decision.
The driver is required to help the loading of the lorry as and when he can, the brakes were fine only 30% worn but when the driver went through the paper work it appeared they hadnt been checked he told the supervisior and manager about this (after the crash) but they took it into the work shops and had it all off and found the brakes were only 12% worn.
And if the 6 weekly checks were ever done they would have rectified alot of the current faults such as the ones with the sliding doors that like to decapitate the loaders.
This is similar to the one i work on but this one is smaller and is 17 tonnes, the one i work on is bigger has another axle and carrys 26 tonnes, and has sliding doors.
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Forget about the brakes issue, it is unlikely to get you anywhere.
Did the driver refuse or question your decision to take that route or did he just get on with it? This is important, no matter what your employers may say about it being your decision. If you are not qualified to drive the vehicle then you can not make such a decision, you would ask your driver if he thought it was safe. I'm presuming he said yes. Or nothing was said at all and the driver just took the route and you went along with this. Being un-qualified to drive the vehicle you can not be expected to question the driver here, it is his call.
As long as you haven't over ruled your driver and told him to take the route when he said it was not safe then you are in the clear.
Quote:
The driver is required to help with the loading as and when he can
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Is that really company policy? Your union should be able to make a lot out of this. Had the driver been in the cab then the incident was avoidable, if he was within company rules to leave the cab and help with the loading then the company policy is badly at fault. Was the engine running on the vehicle when he left it ? Unless the law has changed then he has broken the law if he left the cab whilst the engine was running. As loading was in progress I would guess the engine was left running.
How long have you been with this company ?