Freight company fined £50,000 after worker hit by falling pallets
15 August 2013. A Suffolk-based freight company has been sentenced for a series of safety breaches after a forklift truck toppled and spilled its load onto a worker, breaking his back.
The injured man, aged 56, of Ipswich, was waiting for his trailer to be loaded in the yard of the company at its Great Blakenham premises when one of the forklifts doing the loading hit a pothole. The vehicle lurched sideways, shedding its pallets and boxes, one of which hit the worker.
He suffered multiple fractures to the vertebrae of his upper and middle back and was unable to work for several weeks. He can now only undertake light duties and can no longer carry out everyday tasks without pain and discomfort.
The incident, on 9 January 2012, was investigated by the Health and Safety Executive (HSE), which prosecuted the company at Ipswich Magistrates' Court.
HSE found that the freight yard road surface was pitted with potholes and had been the subject of complaints by the company's employees over a significant period. There was little management of traffic movements and no instructions provided regarding segregation of workplace transport and pedestrians.
The court was told that two Improvement Notices were served by HSE on the company after the incident requiring them to remedy the condition of the yard's surface and to introduce systems of control which would allow vehicles and pedestrians to circulate safely at the site. Despite two extensions of time to allow the remedial work to be completed, an inspection carried out in September 2012 revealed no work had been completed and neither of the Notices had been complied with.
Ipswich Magistrates' Court heard that the company had been subject to similar enforcement action by HSE as far back as 2002/3 about the lack of control of workplace transport.
The company of Lodge Lane, Great Blakenham, Ipswich, was fined a total of £50,000 and ordered to pay costs of £4,501.23 plus £120 victim surcharge after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974, Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998, Regulation 17(1) of the Workplace [Health, Safety and Welfare] Regulations 1992 and for failing to comply with two Improvement Notices.
After the case, HSE Inspector Paul Grover, said:
"This was an entirely preventable injury caused by persistent disregard by xxxxxxx of basic safety measures. The company allowed the yard's surface to deteriorate so badly that forklift trucks were regularly destabilised when carrying loads.
There was also no system to allow vehicles and pedestrians to move safely around each other and the forklift truck driver had not been given suitable training which resulted in him using unsafe work practices where the truck was driven with the forks and load lifted.
The company's subsequent repeated failure to meet the requirements of the two improvement notices demonstrated their complete disregard for their legal responsibility to keep their employees, and non-employees visiting the site, safe.
The risks of serious injury and, all too frequently, death, resulting from the failure to control the safe movement of vehicles and pedestrians are widely recognised.
"Putting safe working practices in place is often simple and inexpensive and where this doesn't happen the costs, both financial and personal, can be immense."