A plastics manufacturer in Kent has been fined £400,000 after an employee was seriously injured by a forklift truck.

The man was struck by the vehicle while walking to collect materials at FloPlast Limited’s site at Eurolink Business Park on 4 July 2023.

The driver of the forklift truck failed to see the worker, who sustained multiple leg fractures and a dislocated ankle, requiring him to have a metal plate fitted in his left leg.

A Health and Safety Executive (HSE) investigation found a number of measures lacking at the site in Sittingbourne:

• FloPlast Limited had no documented safe system of work and that nobody was following the measures the firm thought were in place
• CCTV footage showed multiple drivers and pedestrians circulating in close proximity
• A site inspection by HSE found employees were not observing one way systems or following systems of work
• HSE also established that there was no system in place to monitor compliance or to remind employees and drivers of the systems of work
• Finally, it was found that nobody had assessed the vehicles being used by workers to ensure they provided good visibility.

HSE guidance can be found at: Introduction to workplace transport safety – HSE

FloPlast Limited, of Eurolink Business Park, Sittingbourne, Kent, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £400,000 and ordered to pay £5,567 in costs at Maidstone Magistrates’ Court on 14 November 2024.

HSE inspector Peter Bruce said: “Poor vehicle and pedestrian segregation in the workplace is a common cause of fatal incidents and injuries. The employee in this instance suffered multiple fractures and has had to have a metal plate put into their leg which they will have for the rest of their life.

“Employers need to ensure that they have suitable measures in place to segregate out pedestrians and vehicles. This includes: the provision of safe systems of work, appropriate training procedures and systems for ensuring compliance with those measures.

“Where it is identified that employees are not following these measures, employers should consider the reasons behind this implementing further measures as appropriate to the risk.”

This HSE prosecution was brought by HSE enforcement lawyer Neenu Bains and supported by HSE paralegal officer Daniel Adams.

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.

A wood panel manufacturer has been fined £400,000 after a worker suffered life-changing injuries at its factory in Chirk, near Wrexham.

The incident happened at Kronospan Limited on 31 March 2021, when a pack of waste MDF sheets weighing around 350kg fell from a trailer and landed on the left leg of Mark Hughes from Johnstown.

The injuries sustained by Mr Hughes, now 53, were so serious they resulted in him having his left leg amputated below his knee. The loss of his leg has been life-changing and he has since had to move to an accessible house. He is no longer able to carry on with his hobbies and struggles to climb stairs.

“My injury has changed everything in my life, it is like somebody dropped a bomb on our life and never picked up the pieces,” he said.

“Everything now just takes a lot of planning to do and spontaneous trips do not happen anymore.

“I won’t go anywhere that has a lot of steps.”

After more than two years off work, Mr Hughes has been able to return to the company, but only in a part-time capacity.

“Some days I feel okay but some days after work I feel absolutely knackered.

“I’ve worked for Kronospan for 27 years and I feel since my accident it would be difficult to find a job somewhere else and start over,” he added.

“A lot of my social connection was from work because I used to work a lot of hours.

“I have a quality of life but it is a lot different than what it used to be.”

An investigation by the Health and Safety Executive (HSE) found that a colleague of Mr Hughes had loaded a flatbed trailer with waste MDF sheets for him to transport across the site to be destroyed. When he began to take off the straps holding the sheets in place, a pack fell off the trailer and landed on top of him. The road across the site was poorly maintained and had lots of potholes.

The investigation also found that there was no suitable risk assessment or system of work in place specifically relating to the risks associated with the stacking, movement and loading of waste MDF sheets.

Kronospan Limited of Chirk, Wrexham pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc. Act 1974. They were fined £400,000 and ordered to pay costs of £4,701 at Wrexham Magistrates Court on 19 November 2024.

Speaking after the hearing, HSE inspector Marie Wheeler said: “A man has suffered truly life-changing injuries as a result of this company’s failures.

“The incident was completely preventable had a proper risk assessment been carried out.

“Nor did the company have a suitable safe system of work in place.

“HSE will always take action when basic failures like these result in very serious injury.”

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 in England and Wales can be found here and for those in Scotland here.

A wood recycling company has been fined after an employee was killed when he was struck by a wheel loader.

On 29 April 2019, Thomas Brooke was walking across the yard at John Brooke (Timber Treatments) Limited in Nottingham. A wheel loader, with its bucket raised, was operating in the yard along with other vehicles, but as the shovel moved forward, it collided with Tom who died from his injuries.

Tragically, Tom was working for the family company. At the time of the incident, Tom’s son Rupert was aged four. His wife, Jessica Brooke described Tom as a kind and caring person who was dedicated to his family and was loved by everyone who knew him.

In a statement, she said: “Our hearts are broken. The pain and suffering of his loss has been immense, and no words can describe the impact that his loss has had; both Rupert and I have been forever changed.

“We were partners in crime, soulmates and best friends and together took on whatever challenges life threw in our direction.”

Describing the relationship Tom had with Rupert, who is now nine, Jessica said: “From the moment that Rupert was born Tom was a natural father and Rupert and Tom had a very special bond. They were as thick as thieves, both being at their happiest when in the other’s company. Tom was a brilliant role model to Rupert in every respect; he was Rupert’s favourite person in the whole world and Rupert couldn’t have wished for a better father.

“I grieve the future that we will never have but also, and particularly, that Tom will never see Rupert’s future.”

The family have asked for their privacy to be respected at this difficult time.

An investigation by the Health and Safety Executive (HSE) found that John Brooke (Timber Treatments) Limited did not properly organise its workplace to keep pedestrians safe. There were no control measures, such as physical barriers, to prevent pedestrians accessing areas where loading shovels, lorries, forklift trucks and 360 grabs operated. It failed to properly assess the risks from operating machinery with reduced visibility and did not properly train, instruct and monitor employees.

Every workplace must be safe for the people and vehicles using it and traffic routes must be suitable for the people and vehicles using them. HSE has guidance on workplace transport with advice on keeping traffic routes safe and separating people from vehicles.

On 20 August 2024, John Brooke (Timber Treatments) Limited of Fosse Way, Widmerpool, Nottingham pleaded guilty to breaching regulation 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 and section 33(1)(c) of the Health and Safety at Work etc. Act 1974 at Nottingham Crown Court.  They were fined £22,500 and agreed to pay costs of £44,227.28.

Speaking after the sentencing, HSE inspector Lindsay Bentley said: “This has been a very difficult case for all concerned. However, those in control of work have a responsibility to implement safe methods of working. Had simple measures been taken, this tragedy could have been prevented. “

This HSE prosecution was brought by HSE enforcement lawyer Kate Harney and supported by HSE paralegal officer Rebecca Forman.

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. Link to relevant guidance: Workplace transport – HSE

An Oldham-based haulage company has been fined more than £85,000 after a fork lift truck driver was killed while loading a heavy goods vehicle (HGV).

Ian Dawson, 60, of Rochdale, was loading pallets onto the HGV at Chorlton Express Transport Limited on 19 November 2020. As he was doing this, the HGV moved forward, causing the fork lift truck to overturn. Mr Dawson, who was not wearing a seat belt, was trapped beneath the vehicle, and died as a result of his injuries.

His partner Jane Medhurst, described the last moment she saw him, before they both left for work on that fateful day.

“We told each other, ‘love you’, kissed and said, ‘see you later.’

“What happened that day was so catastrophic. It has drastically changed my life. I still find it difficult to cope with the loss of Ian.

“He loved his food and months after his death I still found myself shopping for him. Thinking oh that’s one of Ian’s favourites I will buy that. Even though I knew he was not here anymore.

“Although I now realise Ian will never come home again and I have now had to move out of the house we shared, it still haunts me that he is gone. It was so sudden and unexpected that I never got a chance to say goodbye to him.”

An investigation by the Health and Safety Executive (HSE) found that Chorlton Express Transport Limited of Meek Street in Oldham, 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. A court heard that, had Mr Dawson been wearing a seat belt, it is highly likely that this would have saved his life.

His daughter Caitlin, who was just 19 when her dad died, said it had ‘turned her life upside down’.

“I can still remember getting the phone call that my dad had passed like it was yesterday. At just 19 years old when it happened, and it being the first time losing someone, it felt like my life had turned upside down, especially in the brutal terms it happened.

“To this day, I still sit and cry and the fact that I will never get to say goodbye to my dad. I will never be able to speak to him and he will never be able to take me shopping again, one of the most fond memories I have of him.

“It has been one of the most traumatising experiences of my life and I am still suffering every day because of it.”

The company pleaded guilty to breaching regulation 2(1) of the Health and Safety at Work etc Act 1974. They were fined £86,710 and was ordered to pay £5,903 costs at a hearing at Manchester Magistrates Court on 17 April 2024.

After the hearing HSE inspector Jane Carroll said: “The failures of this company has left a family without the man they loved.

“The importance of wearing seatbelts cannot be stressed enough.

The failures meant the company exposed employees, and others, to the risk of being struck or caught by workplace vehicles.

“All work settings that use a forklift truck to load or unload goods, need to consider the risks arising from their use, and implement adequate measures to ensure the safety of those involved in these activities.”

The prosecution was brought by HSE enforcement lawyer Matthew Reynolds and paralegal officer Lucy Gallagher.

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 legislationreferred to in this case is available.
3. Further details on the latest HSE news releasesis available.
4. Guidance for working safely with vehicles is available.