A garden landscaping supply company has been left with a fine of £600,000 after an employee died while loading a lorry. The employee was operating a forklift truck at the company’s site in East Yorkshire. He was fatally hurt when the driver of the lorry he was loading moved off and pulled the forklift over, trapping the employee underneath the forklift truck.
The company pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £600,000 with £20,848.71 to pay in costs at Grimsby Magistrates’ Court on 30 March 2023. The investigation by the Health and Safety Executive (HSE) had found that the risk assessment completed by the company failed to consider the possibility of lorries being moved during loading. HSE also found that there were insufficient systems of work in place to make sure vehicles were not moved during loading activities.
Operator’s are advised to review their risk assessments in light of this decision and ask themselves whether their existing risk assessments take into consideration the risk of a vehicle moving whilst being loaded and put in place systems that would prevent this eventuality.
Backhouse Jones have industry specific knowledge and experience in dealing with investigations and prosecutions brought by the Health & Safety Executive involving commercial vehicle operators. The optimum time to seek legal advice is as soon as the accident has occurred. Dealing with the Health & Safety Executive at the investigation stage is a daunting prospect. Backhouse Jones will guide you through this minefield with the best legal advice and guidance.
For more expert guidance on everything relating to the commercial vehicle operations and your operator’s licence contact Backhouse Jones’ team of specialist road transport solicitors by clicking here, call 01254 828 300, or email regulatory@backhouses.co.uk