Very true it probably wouldn't have stopped it BUT if the company actually addressed the problem and insisted trucks were properly emptied and cleaned at the receiver or diverted to a proper wash out facility, you wouldn't get the 'layby cleanout' problem in the first place.
How many enterprising people will look at this judgment (and MANY others like it) and say “what’s the point of running an honest business and employing staff when judges remove all personal accountability from employees when they do something that defies basic common sense?”
Giving each employee a file with 2000 risk assessments doesn’t do jack sh!t for employee safety, it just protects the employer from a judge who has spent 30 years practicing the ‘art’ of litigation.
Do any of the people reading this thread have a formal risk assessment to specifically cover their arse for an employee that doesn’t have the wherewithal to look up when they tip a trailer, ffs?