A company involved in fruit and vegetable production has been fined £320,000 after a man “who always put family first” was killed at a site in Burscough.

Francis Schlachter, known as Frank, suffered severe head injuries when he fell from a skip at a farm operated by M.A.Forshaw Limited on 3 January 2020. The 64-year-old from Southport was described as ‘a rock’ by his wife of 35 years Linda, who said how much he would be missed by his friends and family.

“I have lost my soul mate,” Linda said.

“He was a gentleman through and through, who will live on in our hearts and memories forever.

“It is the little things in life that you take for granted, which are greatly cherished now he’s gone and they mean the absolute world.

“Frank was my rock. He was kind, dependable and always put his family first. Since his passing, I have had a fair share of trials and tribulations to encounter and these have been a great challenge without the support of a beloved husband.

“We have all suffered the loss and it will be embedded in our bones forever.

“No man should go to work and never return home after a day of hard work.”

Frank had been working at the site off Marsh Moss Lane, tipping food waste into a skip from a container attached to a forklift truck (FLT). The container could not be securely attached to the FLT, which was known to detach from the vehicle during the procedure. As Frank attempted to manually assist in the operation, he was standing on top of the skip when the container slipped from the FLT causing him to fall to the ground, resulting in fatal head injuries.

Companies that use work equipment must manage the risks associated with its use. Detailed guidance on the Provision and Use of Work Equipment Regulations 1998 is available. Guidance for those using lifting equipment for work is also available.

An investigation by the Health and Safety Executive (HSE) found that M.A.Forshaw Limited of Heatons Bridge Farm, Scarisbrick, West Lancashire, had not fully assessed the risks involved in this daily task.  Had they done so, the dangers would have been identified. They also failed to maintain equipment in safe working order and to properly instruct staff in safe working practices.

The company pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc. Act 1974. They were fined £320,000 and were ordered to pay £4,574 costs at a hearing at Wirral Magistrates’ Court on 1 February 2024.

HSE inspector Lianne Farrington said: “This wholly avoidable tragic incident led to the death of a much loved husband, dad and grandad.

“It was caused by the failure of the company to implement safe systems of work, properly maintain work equipment, and sufficiently assess the risks involved in routine work processes.

“If suitable work practices had been in place prior to the incident, Frank’s death could have been prevented.

“At HSE, we always stress the need for employers to risk assess tasks by speaking to the employees who undertake the work, and to ensure that work equipment is safe and suitable to use.”

This prosecution was brought by HSE enforcement lawyer Sam Tiger.

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.

A Stockport-based stone worktop manufacturer has been fined £26,000 for repeatedly putting its workers at risk.

Granite & Marble Shop Ltd failed to implement safe working practices despite warnings from the Health and Safety Executive (HSE).

The  company consistently put their employees at risk from serious injury by failing to adequately guard dangerous machinery at their site in Roland Road, Reddish.

A HSE inspector visited the site in 2019 and enforcement action was taken to have the appropriate guards installed, and to introduce daily checks, to ensure  these were in place and functioning correctly.

HSE guidance is available about the importance for employers to consider how their workers use machinery and to have adequate arrangements in place to ensure it remains safe to use.

However, when an inspector returned to the site on 18 August 2021, the guarding measures that had been put in place were broken or disabled – once again placing employees in danger.

A HSE investigation found that The Granite & Marble Shop Ltd of Cheadle Place Stockport Road, Cheadle, Cheshire, had failed to properly manage, supervise, and monitor the control measures that had been put in place, in order to ensure that guards were being used as intended.

The company pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and were fined £26,000 and ordered to pay costs of £3,708 at a hearing in Manchester Magistrates’ Court on 31 January 2024. The prosecution was brought by HSE enforcement lawyer Sam Crockett.

After the hearing HSE Inspector Stephanie Simcock said: “This case highlights how critical it is that all employers make sure they properly assess and apply effective control measures to minimise the risk from dangerous parts of machinery.

“Machinery safety and supervision and monitoring is a must. We will prosecute if repeated breaches are found, regardless of whether there has been an incident.

“Despite an earlier intervention and advice being given, this company continued to fail in its duty to protect its employees.”

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.
4. Guidance on working safely with machinery is available.