A metal fabrication company has been fined £40,000 after an employee suffered a serious leg fracture that led to a below the knee amputation.

The 37-year-old man and a colleague had been loading a steel beam onto the bed of a lorry in the visitors car park of London Gates and Railings Ltd in Watford on 30 August 2022. His colleague was operating a fork lift truck (FLT) with the steel beam suspended from it using a sling attachment, while man had been walking ahead of it using his hands to stabilise the beam. However, as the FLT moved forwards, the man’s foot was caught by the front wheel of the FLT resulting in serious injuries to his lower leg.

At the time of the accident members of the public were present in the visitors’ car park. The man’s injuries were so serious he had to have surgery to have the lower part of his leg amputated.

An investigation by the Health and Safety Executive (HSE) found that London Gates and Railings Ltd failed to properly assess the risk for loading lorries and provide a suitable safe system of work. The FLT operator had not been trained and access to and use of the FLT was not adequately controlled. There were also inadequate measures in place to segregate pedestrians, including members of the public, from workplace transport and associated lifting operations.

London Gates and Railings Ltd of Guillmore Farm, Sandy Lane, Watford, pleaded guilty to breaching Section 2(1) and 3(1) of the Health and Safety at Work etc Act 1974. They were fined £40,000 and ordered to pay £5,114 costs at a hearing at St. Albans Magistrates Court on 10 December 2024.

HSE Inspector Adam Johnson said: “Incidents involving fork lift trucks (FLT’s) and work place transport remain one of the most common causes of work-related accidents in this country.

“In this case, a suitable and sufficient assessment of risk, together with a planned safe system of work should have been completed.

“Only workers who are trained and authorised should operate FLT’s. Access and use of them should be properly controlled. Adequate measures must also be in place to properly segregate pedestrians from workplace transport and associated operations”

This prosecution was brought by HSE enforcement lawyer Neenu Bains.

Further information:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences in England and Wales can be found here and for those in Scotland here.
5. HSE guidance on safe use of lifting operations and rider-operated lift trucks is available.

A manufacturing company based in Wolverhampton has been fined £30,000 after a welder sustained serious injuries when he was struck by a forklift truck.

David Lucas was working for Fablink UK Limited at its weld shop site on Stafford Road when he was hit by the reversing forklift on 12 January 2023.

The forklift driver was moving large jigs in and out of a welding pen when it struck 45-year-old Mr Lucas. He sustained injuries including a fractured ankle and a broken elbow, and spent several days in hospital.

An investigation by the Health and Safety Executive (HSE) revealed that there were inadequate measures to segregate pedestrians and vehicles at the site, including the weld shop where the accident happened. It was commonplace for forklifts to enter the welding areas and pens whilst pedestrians were in close proximity.

Arrangements for monitoring the condition of vehicles was also inadequate and poor maintenance regimes were in place. The forklift truck involved in the accident was in a poor state of repair, including a broken horn and excessively worn tyres. The risk assessment for workplace transport was not suitable and sufficient, and the company had received previous HSE advice in relation to workplace transport and in particular about vehicle and pedestrian segregation.

Fablink UK Limited of Stafford Road, Wolverhampton pleaded guilty at Dudley Magistrates Court to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974. They were fined £30,000 and ordered to pay costs of £6,104.

HSE inspector Heather Campbell commented “This case emphasises the dangers to safety from poorly managed workplace transport and plant maintenance.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

The prosecution was brought by HSE enforcement lawyer Edward Parton and HSE paralegal officer Helen Jacob.

Notes to editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.
5. Guidance for working safely with vehicles is available.