Untrained Worker Crushed to Death by Forklift
Jan 1, 2010
Two companies have been fined after an untrained worker was killed when the forklift truck he was driving overturned.
The companies were fined £50,000 and £17,500 respectively, and also ordered to pay full costs of £25,000 and £12,000 respectively over the incident.
The worker was contracted by company ‘A’ to dismantle equipment after it had been tested at company ’B’s site. During the process of dismantling, the worker was manoeuvring a forklift provided by company ‘B’ – when it overturned and crushed him. The forks of the truck had been raised, rendering the machine unstable. The worker had received no formal training in driving the truck.
Company ‘A’ was found guilty of contravening s3(1) of the Health & Safety at Work Act 1974 by failing to ensure the safety of non-employees. Company ‘B’ pleaded guilty to a breach of reg.9(1) of the Provision and Use of Work Equipment Regulations 1998 (PUWER) by not ensuring that all people using work equipment were adequately trained in its use, potential risks and necessary precautions.
This tragic accident makes it clear to employers that they need to take positive action to manage risks, particularly when the work involves using forklift trucks. The death could have been avoided had the companies involved carried out checks to confirm whether or not he knew of the dangers of forklift trucks and how to drive them safely.
