Nottinghamshire family firm fined after director killed in collision

David James, representing the company, said it had been seeking further health and safety advice before the incident, and had sought recommendations before appointing an expert with “hands-on” experience in minimising risk in the waste management industry.

“This isn’t a company trying to cut corners,” he said.

“[It] was a company that was actively moving its health and safety forward.”

Mr James said a number of new safety measures had been put in place since the incident, including warning signs and barriers to prevent pedestrians crossing the yard when vehicles are moving.

He added Mr Brooke’s sister has since become a director in the family company to ensure safety measures are adhered to.

Judge Stuart Rafferty KC, sentencing, described Mr Brooke’s death as “a tragedy”.

“The loss of any life is tragic, particularly when it could have been avoided,” he said.

While noting there was “no deliberate breach or flagrant disregard for law”, Judge Rafferty said the company’s procedures at the time were not enough to avoid Mr Brooke’s death.

“The system wasn’t fit for purpose,” he said.

Following sentencing, HSE inspector Lindsay Bentley said: “This has been a very difficult case for all concerned.

“However, those in control of work have a responsibility to implement safe methods of working.

“Had simple measures been taken, this tragedy could have been prevented.”

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