The driver of a lorry comprising a tractor unit and an ejector trailer was discovered trapped by the tailgate at the rear of his vehicle just after the lorry had discharged a load of waste at a landfill site. The Health and Safety Executive prosecuted the company that employed the man for breaches of health and safety related Regulations.

The tailgate operated hydraulically and was designed such that it was necessary for the driver to keep hold of the lever that operated it in order to make it open or close. This type of safety equipment is known as a 'hold-to-run' device. Another example of such a device is a control box with two push button switches that have to be pushed simultaneously in order to make the equipment work.

Following the accident it was discovered that some drivers had been over-riding the hold-to-run levers by attaching elasticated straps or 'bungees' to them. However, the investigation of the likely circumstances of the accident suggested that in this instance, the hydraulic equipment contained a defect, which made the lever that operated the tailgate stick in the 'Close' position, unfortunately just as the driver walked to the rear of the vehicle.