Cannock Magistrates’ Court imposed a substantial fine upon a national logistics company (‘the company’) following serious injuries to an employee’s arms and legs.
Amandeep Murria of Kangs Solicitors sets out the circumstances.
The Circumstances | Kangs Solicitors Health and Safety Team
- The employee was walking through the company’s depot when he was struck by a forklift truck which was reversing.
- The employee was trapped by the forklift truck causing injuries to his arms and legs.
- The Health & Safety Executive conducted a thorough investigation and concluded that, although the company had undertaken a risk assessment it had failed to put in place robust segregation measures to ensure its employees were protected from those areas where forklift trucks are opearting.
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 company pleaded guilty to breaching Regulation 2 (1) of the Act and was:
- fined £533,000
- ordered to pay Prosecution Costs of £10,003.39
An Inspector from the Health & Safety Executive, Wendy Campbell, was quoted as saying:
“Those in control of work have a responsibility to provide safe methods of working and a safe working environment. Collisions between vehicles and pedestrians can be avoided if the workplace layout is properly planned, effectively segregated and suitable systems of work are introduced. If physical barriers and a suitable system of work had been in place the injuries sustained by this employee could have been prevented.”
How Can We Help? | Kangs Safety At Work Solicitors
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