Press release

Manufacturing company fined half-a-million pounds after forklift truck death

The mother of a man who was killed when the forklift truck he was driving overturned says she still feels angry as he ‘simply went to work and didn’t come home.’

Jamie Anderson

Jamie Anderson was killed on 4 June 2019, when the forklift truck he was operating overturned at a depot in Newark.

The 35-year-old father of one, was found in the car park trapped under the roll cage of the vehicle. He had been using a counterbalance forklift truck to move waste material when it clipped a kerbstone at the edge of the roadway and overturned. He was not wearing a seatbelt. 

His mum Sarah Anderson, a care assistant from Newark, said: “No mother should lose a child and for Jamie’s son Harley he has lost a loving father.

“As a family we have gone through all emotions, and I still feel angry as Jamie simply went to work and didn’t come home. This should not have happened.

“He was a happy-go-lucky boy and would do anything for anyone. It’s the everyday things that remind me of him and I miss his smile and blue eyes. He’s missed so much.”

An investigation by the Health and Safety Executive (HSE) found that The Barcode Warehouse Ltd failed to enforce the use of seatbelts by forklift truck operators. They should have properly risk assessed the use of forklift trucks on their premises and enforced the use of seatbelts. Instead, it was left to individuals to choose whether to wear a seatbelt or not.

HSE has guidance available on managing forklift trucks.

At Nottingham Magistrates’ Court on 8 November the Barcode Warehouse Ltd of Telford Drive, Newark pleaded guilty to breaching Section 2(1) of the Health & Safety at Work Act 1974.  They were fined £500,000 and agreed to pay costs of £7,039.55.

Speaking after the hearing HSE inspector, Tim Nicholson said: “This tragic incident led to the avoidable death of a young man. Jamie’s death could easily have been prevented if his employer had acted to identify and manage the risks involved and enforced the use of seatbelts by forklift truck operators.”

This HSE prosecution was supported by HSE lawyers Nathan Cook and Jonathan Bambro, and Paralegal Officer Rubina Abdul-Karim.

 

Notes to Editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.

Plant hire company in court over work at height and welfare issues

A plant hire company has been fined for leaving workers at risk of a fall from height and failing to provide minimum welfare facilities.

Blackpool Magistrates’ Court heard how, on 17 November 2020, Ruttle Plant (Birmingham) Ltd was in the process of building a new aggregate recycling facility at their site at Common Bank Lane, Chorley. Part of the work included the provision of cladding to the roof, which was carried out using a cherry picker. However, as some areas of the roof were difficult to reach, employees had to step onto the roof where no edge protection had been provided, putting them at risk of a 30ft fall. In addition, workers had been on site for some considerable time without the minimum required welfare facilities being available. This included facilities for hand washing during the height of the Covid pandemic.

An investigation by the Health and Safety Executive (HSE) found that the workers had been left unsupervised by site management, there had been no method statement to follow when they climbed onto the roof and there were no preventative measures in place to prevent the risk of a fall from height. Workers were also expected to drive to the company’s head office along an unadopted roadway more than five minutes’ drive away to use the toilet, despite there being ample room on the site for facilities.

Ruttle Plant Hire (Birmingham) Ltd of Lancaster House, Ackhurst Road, Chorley, Lancashire pleaded guilty to breaches of Regulation 13(4)(c) of the Construction (Design and Management) Regulations 2015, and Regulation 4(1) of The Work at Height Regulations 2005. The company was fined £66,667 and ordered to pay costs of £1,847.

Speaking after the hearing, HSE inspector Christine McGlynn said: “Had a worker fallen off the roof edge, it could have been fatal. Employers should ensure that workers are not left to carry out high risk roof work without supervision.

“Work at height and roof work should only be carried out by trained workers, who are being robustly monitored, following proper planning, risk assessment and using suitable equipment. The minimum standards for welfare must also be met.”



Notes to Editors:
1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: Construction- Roof work industry health and safety 
3. HSE news releases are available at http://press.hse.gov.uk