A vehicle recovery firm is facing a huge fine after an HGV driver was crushed to death while cleaning a car carrier.
John Wallace died instantly when the upper deck of the 14-tonne vehicle fell while he cleaned its lower deck in Hayes in 2013.
The 49-year-old was working as a vehicle recovery driver hired by Ontime Automotive Limited when the “avoidable accident” occurred.
The Slough-based business was charged with failing in its duty to Mr Wallace, who lived in Hayes, and all other employees coming into contact with the vehicle.
It was convicted of breaching general duties to employees at Southwark Crown Court on Tuesday (August 8) and will be sentenced later this year.
Jurors heard the IVECO RX10 had previously been purchased by Reliance Recovery Limited (RRL), a separate company unconnected to the incident, brand new for £100,000 in June 2010.
On June 4 that year, company director Karl Harrison was showing one of his advisors, Kevin Crane, how to operate it when the top deck collapsed suddenly with a loud bang.
Luckily, both men were standing on the ground operating the upper deck with a remote control, the court heard.
Mr Crane later gave a statement describing the deck "just falling out of the air".
As a result of the collapse, RRL returned the vehicle to J&J Conversions Ltd, who designed, manufactured and installed the lorry’s twin-deck tilt and slide bed.
The vehicle was apparently modified before eventually being sold on to Ontime Automotive Limited without any problems in March 2013.
Mechanics hired by the firm examined the lorry at their site in Pasadena Close, Pump Lane, Hayes, where an issue with pins used to lock the upper deck into position was noticed.
The issue was relayed back to J&J which told Ontime to get the problem checked out.
Crucially, nothing further was done, the court heard.
When the Health & Safety Executive later investigated the accident they found a hand-written note in the lorry's cab instructing drivers how to unlock the pin if it remained stuck in the up position.
It explained how the micro switch on the near side of the vehicle should be moved forward by 10mm before using the remote control to unlock the pins.
Nobody knows if Mr Wallace followed the instructions but prosecutor Sailesh Mehta said if he had done so 'it is clear that the result would have been identical to the accident" if they were followed with the deck in the up position.
The accident was captured on CCTV, with footage showing Mr Wallace arriving on site shortly before 7.30am on May 31.
He first cleaned the upper deck which was lying on top of the lower deck, this having been moved backwards and tilted so it touched the ground at the rear.
The driver then used the remote control handset to slide the upper deck forward and then raise it to be cleaned from underneath.
Southwark Crown Court heard he only had up to half a second to avoid the unexpected collapse in which he sustained fatal crush injuries and died at the scene.
In court J&J admitted failings in relation to the unsafe way the vehicle was designed and constructed.
Jurors found Ontime Automotive Limited failed to properly understand the dangers posed, which consequently could not be addressed in a risk assessment.
They also failed to heed J&J’s warning that the problem with the pins should have been checked out.
Mr Mehta said: “As no-one understood the nature of the problem or whether the ‘solution’ to it was safe, the only safe response was to have followed the advice by stopping use of the vehicle and sending it back to J&J Conversions Ltd.
“Had this been done, the accident would not have occurred.”
Following the accident, Ontime Automotive said in a company statement: “Ontime Automotive was saddened to hear of the fatal accident involving a member of our staff, who was working at the Hayes site.
“Our deepest condolences go out to his family and friends at this difficult time."
Ontime Automotive Ltd, registered at Unit 2, Langley Park, Waterside Drive, Langley, Slough, was convicted of breaching general duties to employees on Tuesday August 8.
The firm will be sentenced alongside J&J Conversions Ltd on a date to be fixed in late September.
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