Haulage company fined after forklift truck operator was killed
A haulage company based in the North West has been fined after a fork lift truck driver was killed while loading a heavy goods vehicle (HGV).
On 19 November 2020, the forklift truck driver was loading pallets onto an HGV at a site in Oldham. As he was doing this, the HGV moved forward. The movement of the HGV caused the fork lift truck to overturn. The forklift truck driver, who was not wearing a seat belt, was trapped beneath the vehicle. The man died as a result of his injuries.
An HSE investigation that Chorlton Express Transport Limited had failed to put sufficient safe systems of work in place regarding vehicle movements or to ensure that all fork lift truck drivers were compelled to wear seat belts.
Breach
Chorlton Express Transport Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974:
- Section 2(1) requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees.
Penalty
Chorlton Express Transport Limited was fined £86,710 and was ordered to pay £5,903 costs.
Fines after an employee lost a finger in drinks bottling machinery
A Leicestershire-based drinks company has been fined after a worker’s finger was amputated after being caught in bottling machinery.
On 17 January 2022, the worker was assisting a colleague who was encountering problems with a bottle capping machine at the plant in Wigston. The worker was able to reach into the machine and into the capper unit to remove the jammed part. When he was reaching into the machine, the capper head descended onto his finger, amputating the tip.
Unsuccessful attempts were made at Leicester Royal Infirmary to re-attach the tip of the finger. It was subsequently necessary to amputate his finger between the first and second knuckle.
An HSE investigation found that Sourcing International Limited, trading as Drinks Chef, had failed to properly guard against access to dangerous parts of machinery. Fixed guarding had been removed and the machine was frequently used without it. An interlock device fitted was also inoperable, so access to moving parts of machinery was further possible.
The HSE has guidance on machinery safety highlighting how employers should consider how their workers use machinery and how they should also have adequate maintenance arrangements in place to ensure it remains safe to use.
Breach
Sourcing International Limited t/a Drinks Chef pleaded guilty to contravening a requirement of Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998.
- Regulation 11(1) requires employers to ensure effective measures are taken to prevent access to dangerous parts of machinery or rotating stock-bars or that effective measures stop the movement of these parts or stock-bars before any part of a person enters a danger zone.
Penalty
Sourcing International Limited t/a Drinks Chef was fined £14,000 and ordered to pay costs of £4,175.79.
Housing company fined after a worker suffered electrical burns
A housing company based in Kent has been fined after an employee repairing a fence post inadvertently struck an underground cable, suffering burns to his face.
On 10 January 2023, the employee and a colleague had been tasked to repair three fence posts in a back garden of a tenant. They had already repaired two of the posts and started on a third, when one of the workers struck an underground electrical cable as he tried to break through some concrete using a breaker.
MHS Homes failed to provide the employees with information on the location of, or the tools to safely excavate around, an electrical cable and gas pipe.
An HSE investigation found that MHS Homes often undertook excavations. However, the company never provided any information to employees on the location of underground services and did not provide suitable equipment to detect and safely excavate in the vicinity of underground services. MHS Homes had previously identified the risk of underground services in a risk assessment in 2017.
On this occasion, the two employees were digging not only by an electrical cable, but also a gas service. This heightened the risk of a fire or explosion, with the potential to kill employees and members of the public nearby, as well the risk of destroying property.
Breach
MHS Homes pleaded guilty to breaching Regulation 16(2), by virtue of non-compliance with Regulation 25(4), of the Construction (Design and Management) Regulations 2015.
Penalty
MHS Homes fined £528,000 and must pay £4,122 in costs
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