I'm horrified to think that a driver with Dennis Putz's history could still have been employed within the road transport industry. Thames Materials as the vehicle operator has a duty as part of it's Operators Licence (looks like they hold a Standard - National only licence from the blue disk displayed on the vehicle) to manage it's transport fleet in a safe manner.
Not only should the HSE be prosecuting, but the Traffic Commissioner should also be pulling Thames Materials in to a public inquiry to consider revoking their operator's licence. It's not just the driver who has a duty of care here, but also the Operator including it's CPC holder.
For my sins, I used to manage a transport fleet and I still hold my CPC (Certificate of Professional Competence to manage a road haulage operation). The Traffic Commissioner has a lot of clout and doesn't require the same level of proof as a criminal court to act. To quote from their own literature "The standard of proof before a Traffic Commissioner is less than that required by a criminal court. Traffic Commissioners need to be satisfied that the facts have been proved on the ‘balance of probability’, i.e. more likely than not." Was Putz properly licenced all the time they were employing him? What was their attitude to allowing drivers to break the law in terms of mobile phone use and alcohol levels? I would expect the Traffic Commissioners to have moved in to this organisation TODAY to establish what sort of operation Thames Materials are running and whether or not the licence holder is fit and proper. There are 3 criteria which have to be considered: does the licence holder have adequate financial standing, is the licence holder of good repute, and is the licence holder professionally competent. With their previous history and now the information that they were prepared to allow a driver like Putz out of the depot whilst clearly intoxicated I would seriously question if they are still of "good repute".
Sorry - I'm waffling - this whole incident has upset me.