Health and Safety Executive warns of dangers in failing to maintain plant equipment after driver’s death

Published: HSE, June 2009

The Health and Safety Executive has warned of the danger of not maintaining plant equipment after the death of a telescopic forklift truck driver, who was crushed between the descending arm and side of his vehicle.

The warning follows the prosecution of two companies in relation to the incident at a Waste Water Treatment Works in Greater Manchester, in September 2003. The two companies were sentenced at Manchester Crown Court on 30 June.

The deceased man’s employer pleaded guilty to an offence under health and safety legislation. The company was fined £150,000 and ordered to pay costs of £24,323.  The principal contractor for the project also pleaded guilty. The company was fined £50,000 and ordered to pay costs of £41,073.

The court heard the vehicle’s off-side cab window normally acted as a guard, but had been damaged during a lifting operation five weeks before the fatality. At the time of the incident, the cab window was entirely missing.

Judge Peter Lakin said, although there were no witnesses to the incident, the most likely explanation is that the deceased man leant out of the cab window and came into contact with the joystick, bringing the arm of the forklift truck down onto him.

The employer was charged with failing to ensure the safety of employees, under Section 2(1) of the Health and Safety at Work etc Act 1974, while involved in operating and working with, or in the vicinity of, a telescopic forklift truck.

The principal contractor was charged with failing to ensure the safety of people not in its employment, under Section 3(1) of the Health and Safety at Work etc Act 1974. The court found that they had failed to ensure that the deceased man’s employer prepared suitable and sufficient risk assessments in relation to its telescopic forklift truck operations. It also found that they had failed to adequately monitor the deceased’s employer, and as a result, had failed to identify the broken window and ensure it was replaced.

HSE Inspector Warren Pennington said:

"This incident would have been entirely avoidable if the proper health and safety procedures had been followed.

“The deceased’s employer did not have a system in place for formal regular inspections of the plant. As a result, the company failed to maintain the cab window which could have saved this man’s life.

" the principal contractor on the site, also had a duty to supervise its subcontractors properly. The company had a comprehensive management system but it was not implemented and, as a result, something as simple as a missing window was not spotted.

This incident emphasises how important it is that companies should not only ensure they have the proper procedures in place – but also ensure they are followed. We’re therefore calling on employers to take their responsibilities seriously so that future tragedies can be avoided."

Passing sentence, Judge Lakin said:

"The employer had primary responsibility for the welfare of its employees. The harsh reality of this case is that, in relation to this contract, they completely failed to have any proper regard to their health and safety obligations.

"This directly led to the development of an unsafe and sloppy system of work in relation to the use of telehandlers. As a result, their workforce was exposed to completely unnecessary and avoidable risk.

"The principal contractors on site failed to implement their own systems and accordingly failed to properly monitor what the deceased man’s employer was doing. This lack of monitoring allowed the employers disregard for health and safety to continue over a number of weeks. In short, the principal contractors failed in their supervisory role."

Notes to editors

Section 2(1) of the Health and Safety at Work etc Act 1974 says:

"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."

Section 3(1) of the Health and Safety at Work etc. Act 1974 says:

"It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."

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