At Leeds Magistrates’ Court a scaffolding company has been fined after pleading guilty to breaching Health & Safety Regulations which resulted in an employee receiving catastrophic injuries.
Amandeep Murria of Kangs Solicitors sets out the circumstances.
The Circumstances| Kangs Solicitors Health and Safety Team
The Court heard how the employee was driving a fork lift truck when it overturned trapping him underneath for a considerable amount of time before he was discovered.
The employee now suffers with severe pain and significant mobility problems.
An investigation was undertaken by The Health & Safety Executive, which identified the following failures:
- inadequate training and instructions for the operation of a fork lift truck
- insufficient instructions covering the safety aspects of wearing a seat belt
- failure to provide sufficient supervision and monitoring of forklift truck operators
The Relevant Law | Kangs Regulatory Law Advisors
The Health and Safety at Work etc. Act 1974 (‘the Act’) provides:
‘2 General duties of employers to their employees.
(1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
(2) Without prejudice to the generality of an employer’s duty under the preceding subsection, the matters to which that duty extends include in particular—
(a) the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;
(b) arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
(c) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;
(d) so far as is reasonably practicable as regards any place of work under the employer’s control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks;
(e) the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.’
The Hearing | Kangs Health and Safety Solicitors
The scaffolding company pleaded guilty to breaching Regulation 2 (1) of the Act and was:
- fined £54,720
- ordered to pay Prosecution Costs of £8,000
An Inspector from the Health & Safety Executive, Andrea Jones was quoted as saying:
“The employee’s injuries were life changing and could have been fatal. The impact has been devastating on him and his family. Other employees were put at risk as a result of the company allowing fork lift trucks to be used without the appropriate training and monitoring of drivers.
“Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of working”.
How Can We Help? | Kangs Safety At Work Solicitors
Kangs Solicitors have a wealth of knowledge and experience in dealing with all matters of health and safety law.
Our specialist solicitors are able to provide advice and assistance throughout the entire criminal process, from the initial intervention by the Health and Safety Executive through to enforcement, interview under caution and ultimately the defence of any ensuing criminal prosecution.
Who Can I Contact For Help? | Kangs National Criminal Defence Solicitors
Please feel free to contact our team through any of the solicitors named below who will be happy to provide you with some initial advice and assistance.