The case involved a fatality at RMG’s Heathrow Worldwide Distribution Centre in September 2006 when a driver, Ian Wheeler, reversed his HGV to line it up with a trailer and crushed a yard shunter, Colin Smith, between the HGV and a trailer. Mr Wheeler and Mr Smith had developed an informal practice whereby Mr Smith would affi x a Susie lock to a trailer to reserve it for Mr Wheeler. However, it was unknown exactly why Mr Smith ended up between the reversing HGV and the trailer. RMG accepted that they did not adequately assess the risks when the new role of shunter was introduced in December 2005 and had they done so, it was possible that they would have identifi ed the possibility of a shunter using a Susie lock to reserve a trailer, which would in turn put individuals in a position of danger. The tractor units have a 20 metre blind spot at the rear. The RMG changed their plea to one of guilty to a section 2(1) HSWA offence on the fi rst day of trial. A jury found Mr Wheeler not guilty of a separate charge under section 7 of the HSWA, which centred around an alleged failure to take reasonable care of himself and other employees at work. In sentencing RMG, the trial judge considered the applicability of the SGC Guidelines. He concluded that the evidence was insuffi cient to show that the admitted failures caused Smith’s death, but that rather there was a possibility that the tragedy may have been averted if proper systems were in place. RMG were fi ned £90k (reduced by 25% from £120k by virtue of their guilty plea) and costs of £42,549. The Communication Workers Union criticised the fi ne as “paltry” and unlikely to act as an “incentive to improve safety management”.