A near miss only protects the next person if somebody investigates it, fixes the cause and checks that the fix works.
That is the wider lesson from a serious construction case reported by the Health and Safety Executive this week. HSE said on 24 September 2026 that two companies were fined a combined £1.3 million after a 130kg window fell from a London development and killed coach driver Mick Ferris in October 2018.
More than a year earlier, another window had fallen from the same penthouses and narrowly missed two workers. An internal review followed, but HSE’s investigation found that key areas of concern were not followed up effectively. The later incident involved the same underlying hazard.
The case was not a fleet-management failure. Its central lesson is nevertheless relevant to businesses using vans, pickups, forklifts, telehandlers and mobile plant: a warning event is not closed merely because nobody was injured.
What counts as a vehicle or plant near miss?
A near miss is an event that caused no injury or damage, or less harm than it easily could have caused. In a vehicle or plant operation, examples might include:
- A reversing vehicle passing unexpectedly close to a pedestrian
- A pallet, attachment or item of equipment shifting without falling
- A trailer moving during loading or coupling
- A machine entering a route with insufficient height or width clearance
- A damaged strap being found after the load has already travelled
- A driver losing sight of a banksman or receiving conflicting signals
- A warning lamp, mirror, camera, belt or control being obscured inside the cab
Not every near miss is legally reportable. Certain specified dangerous occurrences are reportable under RIDDOR, while many ordinary near misses are handled internally. If there is doubt, use HSE’s official guidance or obtain competent advice rather than relying on an informal description.
Seven steps that turn a report into action
1. Make reporting quick and blame-aware
Drivers and operators are less likely to report an event if the form is difficult or every report automatically becomes a disciplinary matter.
Provide a simple route that works from the yard, cab or site. Capture the date, location, vehicle or machine, task, people present, what happened and what could have happened. Allow photographs where safe.
State that honest reporting is intended to prevent harm. Deliberate rule-breaking may still require separate management, but the investigation should begin by understanding the event rather than choosing somebody to blame.
2. Control the immediate risk
Before collecting detailed evidence, make the situation safe. Stop the task where necessary, isolate faulty equipment, secure the load and prevent access to the area.
Do not send a vehicle back to work because the near miss produced no damage. A restraint, tyre, mirror, camera, interlock, attachment or braking system may still need examination by a competent person.
Record any temporary control and who authorised it. A handwritten warning or verbal reminder should not become a permanent substitute for repairing a defective system or redesigning unsafe work.
3. Preserve useful evidence
Capture information before the scene changes, but never place somebody in danger to take a photograph or measurement.
Evidence may include defects, load position, restraint condition, weather, lighting, route layout, CCTV, telematics and training records. Speak to the operator, witnesses and supervisor while memories are fresh.
HSE’s investigation workbook describes a structured process of gathering information, analysing it, identifying controls and implementing an action plan. That sequence matters: a conclusion reached before the evidence is gathered is likely to miss something.
4. Judge potential severity, not the outcome
A damaged cone and a pedestrian fatality can begin with the same reversing error. Prioritise the investigation by the credible worst outcome and likelihood of repetition, not simply what happened this time.
Escalate events involving pedestrians, unstable loads, brake or steering defects, lifting equipment, overhead hazards, public areas or defeated safety devices. Also escalate repeated low-level reports: individually they may look minor, but together they may reveal a weak route, timetable, vehicle specification or working practice.
5. Look beyond the operator’s final action
“Driver error” is not a complete investigation finding. Ask why the action made sense or became possible at that moment.
Consider route design, visibility, workload, fatigue, time pressure, supervision, maintenance, vehicle suitability and previous warnings. If an operator reversed without a banksman, ask whether one was available, whether the site allowed turning and whether the rule was monitored.
HSE’s driving-for-work guidance tells employers to implement a system for reporting work-related road incidents and near misses, investigate underlying causes and check whether controls need changing.
6. Choose a stronger control
Training and reminders have a place, but they depend on people remembering and behaving correctly every time.
Where reasonably practicable, remove the hazard or reduce reliance on behaviour. That could mean separating pedestrians and vehicles, changing the traffic route, using a one-way system, adding a physical restraint at a loading bay, improving lighting or specifying a vehicle with better visibility.
HSE’s workplace-transport guide highlights segregation, safe loading areas, suitable vehicles, clear routes and properly trained drivers. Use those principles to test whether the proposed action addresses the cause rather than the symptom.
Inside the cab, keep windows, mirrors, cameras, warning lamps, belts and controls clear. Farm Packs supplies heavy-duty covers for working vehicles, but fit and safety clearances should always be checked on the real vehicle.
7. Close and verify every action
Give each action a named owner, deadline and completion test. “Brief drivers” is not enough; record who was briefed, what changed and how the business will know that the control is working.
Revisit the task during normal operation. Check whether the change creates another problem, whether drivers can follow it and whether the same report reappears.
Share relevant learning across depots, farms, shifts and subcontractors. Remove personal details where they are not needed, but preserve the practical facts: what happened, the potential consequence, the underlying causes and the verified change.
A ten-minute review for this week
Ask the person responsible for vehicles or plant to select the last three near-miss reports and confirm:
- Was the credible worst outcome recorded?
- Was the underlying cause investigated?
- Did the action go beyond a reminder where a stronger control was possible?
- Does every action have an owner and deadline?
- Has somebody checked that the change works in practice?
If reports cannot be found, that is not proof that near misses are absent. It may mean the reporting route is unclear, inconvenient or poorly trusted.
The recent HSE case is a grave example of an earlier warning not leading to effective resolution. Most fleet and plant near misses will be less dramatic. That is precisely why they are useful: they offer a chance to improve equipment, routes and working methods before the outcome becomes irreversible.
This article provides general information and does not replace a competent risk assessment, HSE guidance, RIDDOR advice, manufacturer instructions or professional health-and-safety advice.
Sources
HSE: Two major companies sentenced over fatal falling-window incident - 24 September 2026
HSE: Investigating accidents and incidents, HSG245 - published 2004; accessed 25 September 2026
HSE: Plan and manage journeys for work - accessed 25 September 2026
HSE: Workplace transport safety - a brief guide - published May 2013; accessed 25 September 2026
