--- title: What does the HSE look for in workplace transport prosecutions? description: As part of a recent webinar, we analysed prosecutions made by HSE to see what they expect, and why the prosecution was made. Read more. image: https://blog.proximitywarning.com/hubfs/AI-Generated%20Media/Images/Court%20Gavel%20in%202%201%20Ratio-1.png --- [Skip to content](https://blog.proximitywarning.com/what-does-the-hse-look-for-in-workplace-transport-prosecutions#main-content) [![logo](https://blog.proximitywarning.com/hubfs/SiteZone_Safety/logos/logo.svg "logo")](https://www.proximitywarning.com/) [![logo](https://blog.proximitywarning.com/hubfs/SiteZone_Safety/logos/logo.svg "logo")](https://www.proximitywarning.com/) - [Sectors](https://www.proximitywarning.com/sectors) - [Waste & Recycling](https://www.proximitywarning.com/waste-and-recycling) - [Warehouse, Logistics & Ports](https://www.proximitywarning.com/warehouse-and-logistics) - [Construction, Infrastructure & Highways](https://www.proximitywarning.com/construction) - [Rail](https://www.proximitywarning.com/rail) - [Utilities](https://www.proximitywarning.com/utilities) - [Proximity Warning ](https://www.proximitywarning.com/sitezone-proximity-warning-system) - [SiteZone Proximity Warning System](https://www.proximitywarning.com/sitezone-proximity-warning-system) - [Using Data to Change Behaviour](https://www.proximitywarning.com/data-and-performance) - [AVA - Alert & Visual Awareness](https://www.proximitywarning.com/combined-proximity-warning-system-with-ai-camera) - [ZARA - Exclusion Zone Lights](https://www.proximitywarning.com/zara-exclusion-zone-halo-lights) - [Smart Site](https://www.proximitywarning.com/smart-site) - [Safe Zones](https://www.proximitywarning.com/masking-and-limiting) - [Portable Proximity Warning Systems](https://www.proximitywarning.com/sitezone-instant) - [Service & Support](https://www.proximitywarning.com/service-support) - [Case studies](https://www.proximitywarning.com/case-studies) - [RCV Bin Lift Safety](https://www.proximitywarning.com/sitezone-rcv-smart-loader) - [RCV Smart Loader](https://www.proximitywarning.com/sitezone-rcv-smart-loader) - [Using Data to Change Behaviour](https://www.proximitywarning.com/data-and-performance) - [Service & Support](https://www.proximitywarning.com/service-support) - [About us](https://www.proximitywarning.com/about-us) - [Our Approach](https://www.proximitywarning.com/our-approach) - [Our Team](https://www.proximitywarning.com/our-team) - [Our Values](https://www.proximitywarning.com/purpose-and-values) - [Our Carbon Footprint](https://www.proximitywarning.com/our-carbon-footprint) - [Our History](https://www.proximitywarning.com/our-history) - [Our Partners and Associations](https://www.proximitywarning.com/our-partners) - [Case Studies](https://www.proximitywarning.com/case-studies) - [Latest News](https://blog.proximitywarning.com) - [Contact](https://www.proximitywarning.com/contact-us) - [Book a demo](https://www.proximitywarning.com/book-a-demo) [Book a demo](https://www.proximitywarning.com/book-a-demo) # What does the HSE look for in workplace transport prosecutions? [ Sam Boshier ](https://blog.proximitywarning.com/author/sam-boshier) Apr 16, 2026 10:43:05 AM ![Court Gavel](https://blog.proximitywarning.com/hubfs/AI-Generated%20Media/Images/Court%20Gavel%20in%202%201%20Ratio-1.png) ### Contents [May 21, 2019 10:52:00 AM Reduce the risk of vehicle - pedestrian collisions in 2019 ](https://blog.proximitywarning.com/let-2019-be-the-year-you-reduce-the-risk-of-vehicle) [May 21, 2019 10:51:00 AM Helping companies ensure all their staff get home safely ](https://blog.proximitywarning.com/helping-companies-ensure-all-their-staff-get-home-safely) [Apr 27, 2023 11:05:01 AM Safety as a fundamental right at work ](https://blog.proximitywarning.com/safety-as-a-fundamental-right-at-work) - [Tweet](https://twitter.com/share) The expectations behind workplace transport safety are not a mystery. The standards are widely published; the risks are familiar; the failures that lead to prosecution tend to follow the same pattern. As part of a recent [webinar](https://youtu.be/hGZGq4MG0hg?si=33uxRlzUePvYBOK9), we analysed prosecutions made by [HSE (Health and Safety Executive) ](https://www.hse.gov.uk/)to see what they expect, and why the prosecution was made.   #### **Why workplace transport attracts so much scrutiny** Workplace transport remains one of the largest causes of fatal accidents in the UK. [14 people didn't go home in 2024/2025 due to being struck by a moving vehicle. ](https://blog.proximitywarning.com/half-of-waste-sector-deaths-caused-by-moving-vehicles)The combination of heavy vehicles, restricted visibility, tight spaces, and pedestrian movement creates an environment where risks are heightened. Investigations by the Health and Safety Executive regularly point to the same underlying weaknesses. These issues appear across many sectors, from logistics yards to waste sites.   Common failures include: - Lack of separation between pedestrians and vehicles - Poorly designed or no traffic management - Reversing vehicles operating in shared spaces - Inadequate supervision of vehicle movements These hazards are not unusual or unpredictable. Because they are well known, regulators often consider them foreseeable and manageable. Let’s take a case that got a lot of headlines due to the size of the fine. A recycling company was[ fined £2m after an agency worker was struck and killed by a loading shovel](https://www.britsafe.org/safety-management/2024/recycling-firm-fined-2m-after-worker-crushed-to-death-by-onsite-vehicle) at its waste site. The HSE said the death could have been entirely avoided if they had provided an alternative traffic route for pedestrians at its site.   ![Webinar-screenshot-slide-11](https://blog.proximitywarning.com/hs-fs/hubfs/Webinar-screenshot-slide-11.jpg?width=974&height=556&name=Webinar-screenshot-slide-11.jpg) #### **The legal test used in investigations** When the HSE investigates a serious accident, two legal concepts appear repeatedly. They form the basis of how courts assess whether an employer met their duty of care. ##### **Foreseeable risk** A foreseeable risk is a hazard that a competent employer should reasonably predict could cause harm. ##### **Reasonably practicable** Employers must take all feasible measures to reduce risk unless the cost, time, or effort required would be grossly disproportionate to the level of risk. These ideas underpin much of UK health and safety law, particularly the [Health and Safety at Work etc. Act 1974](https://www.hse.gov.uk/legislation/hswa.htm). The law doesn’t demand the elimination of all risk; it requires organisations to manage risk to a level that is acceptable and proportionate. In practice, this means courts examine what the employer knew what guidance existed, and whether sensible precautions were implemented.   #### **What effective control actually looks like** Again, this not new or unknown. Detailed practical guidance already exists for organisations managing vehicle movement on site. Documents such as [**Workplace Transport Safety: An HSE Guide (HSG136) **](https://www.hse.gov.uk/pubns/books/hsg136.htm)outline the basic design principles that reduce risk. Industry guidance such as [**Safe Traffic Management Guidance for Waste and Recycling Sites (WASTE 09) **](https://www.wishforum.org.uk/wish-guidance/)from the WISH Forum also provides more specific examples for the sector. Across most workplaces, effective traffic management tends to focus on a small number of actions: - Separating pedestrians and vehicles wherever possible - Designing clear traffic routes - Reducing or controlling reversing manoeuvres - Setting clear site rules and supervision arrangements - Providing training and consistent communication These measures are practical rather than theoretical. When the’re embedded in day-to-day operations, they significantly reduce the likelihood of serious incidents.   #### **Why this matters after an incident** When a workplace transport accident occurs, investigators don’t just look at the moment of impact. They look backwards at how the site was organised and whether the risks could have been addressed earlier. If you take a recent case as an example, although not a workplace transport case, it has an important takeaway. A major builders merchant was [fined £2.2 million after worker killed in conveyor crush. ](https://press.hse.gov.uk/2026/03/27/major-builders-merchant-fined-2-2-million-after-worker-killed-in-conveyor-crush/)When the HSE investigated the incident and reviewed CCTV footage, they discovered that staff had previously accessed the danger zone 19 times and the only control measure put in place was signs and stickers. Therefore, this hazard was predictable and the control measures put in place did not go far enough.  In that sense, workplace prosecutions often hinge less on the accident itself and more on what happened before it. **This article is taken form a recent webinar held by SiteZone on Plant Pedestrian Safety in Waste & Recycling: What Good Really Looks Like. ** **You can watch the full webinar **[**here**](https://youtu.be/hGZGq4MG0hg?si=33uxRlzUePvYBOK9)**.** [Highways](https://blog.proximitywarning.com/tag/highways) [Warehouse & Logistics](https://blog.proximitywarning.com/tag/warehouse-logistics) [Waste & Recycling](https://blog.proximitywarning.com/tag/waste-recycling) [SiteZone Proximity Warning System](https://blog.proximitywarning.com/tag/sitezone-proximity-warning-system) [Construction](https://blog.proximitywarning.com/tag/construction) [Utilities](https://blog.proximitywarning.com/tag/utilities) [Events](https://blog.proximitywarning.com/tag/events) [May 21, 2019 10:52:00 AM Reduce the risk of vehicle - pedestrian collisions in 2019 ](https://blog.proximitywarning.com/let-2019-be-the-year-you-reduce-the-risk-of-vehicle) [May 21, 2019 10:51:00 AM Helping companies ensure all their staff get home safely ](https://blog.proximitywarning.com/helping-companies-ensure-all-their-staff-get-home-safely) [Apr 27, 2023 11:05:01 AM Safety as a fundamental right at work ](https://blog.proximitywarning.com/safety-as-a-fundamental-right-at-work) [Previous SiteZone to host webinar on excellence in plant pedestrian safety ](https://blog.proximitywarning.com/sitezone-to-host-webinar-on-excellence-in-plant-pedestrian-safety) [Next Are you aware of psychosocial factors at work? ](https://blog.proximitywarning.com/are-you-aware-pf-psychosocial-factors-at-work) ![logo](https://blog.proximitywarning.com/hubfs/SiteZone_Safety/logos/logo.svg) ![Cyber Essentials Plus - Reduced](https://blog.proximitywarning.com/hubfs/Logos/Cyber%20Essentials%20Plus%20-%20Reduced.png) - [Home **](https://www.proximitywarning.com) - [About us **](https://www.proximitywarning.com/about-us) - [Latest news **](https://blog.proximitywarning.com) - [PWS Products **](https://www.proximitywarning.com/sitezone-proximity-warning-system) - [Sectors **](https://www.proximitywarning.com/sectors) - [User Guides](https://www.proximitywarning.com/user-guides) [Get in touch](https://www.proximitywarning.com/contact-us) © 2026 SiteZone Safety | [Terms & Conditions ](https://www.proximitywarning.com/terms-conditions)| [Privacy & Cookie Policy](https://www.proximitywarning.com/privacy-and-cookie-policy) ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "dateModified" : "2024-10-01", "datePublished" : "2024-10-01", "headline" : "What does the HSE look for in workplace transport prosecutions?", "image" : [ "https://8628240.fs1.hubspotusercontent-na1.net/hubfs/8628240/AI-Generated%20Media/Images/Court%20Gavel%20in%202%201%20Ratio-1.png" ], "mainEntityOfPage" : { "@id" : "https://blog.proximitywarning.com/what-does-the-hse-look-for-in-workplace-transport-prosecutions", "@type" : "WebPage" } } ``` ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Sam Boshier", "url" : "https://blog.proximitywarning.com/author/sam-boshier" }, "dateModified" : "2026-04-16T09:47:14.809Z", "datePublished" : "2026-04-16T09:43:05.000Z", "headline" : "What does the HSE look for in workplace transport prosecutions?", "image" : [ "https://blog.proximitywarning.com/hubfs/AI-Generated%20Media/Images/Court%20Gavel%20in%202%201%20Ratio-1.png" ], "mainEntityOfPage" : { "@id" : "https://blog.proximitywarning.com/what-does-the-hse-look-for-in-workplace-transport-prosecutions", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.proximitywarning.com/hubfs/SiteZone_Safety/logos/logo.svg" }, "name" : "OnGrade Ltd" } } ```