Delivery driver crushed by forklift truck
A delivery driver suffered extensive injuries while making a routine delivery to a decking manufacturing company. Why was the director held personally liable as well as his company?
An HGV driver was delivering packs of 5-metre-long plastic deck boards to Ultimate Systems Ltd’s premises. The company’s director, Mr Kerr (K), used a forklift truck to unload the delivery. The packs were stacked on pallets with an approximate weight of over 2,000kg. K lifted an entire stack at once, exceeding the forklift truck’s load capacity and causing it to tip forward. The load fell onto the delivery driver, trapping him between it and the HGV.
The driver sustained crush injuries to the spine, multiple rib fractures, a broken collarbone, a punctured lung and ligament damage to his neck. He was hospitalised for six weeks, including four in an induced coma. He was unable to work for a year.
When the Health and Safety Executive investigated the incident, it found that K was not trained to operate the forklift truck. The company did not have a safe system of work for unloading or loading deck boards, and there were no rules requiring visiting drivers to wait in a safe area while loading and unloading took place.
Forklift trucks are vital pieces of equipment in many workplaces, but pose serious risks if not used safely by trained operators. Not only must the lifting operation be properly planned, supervised and carried out, but measures must be in place to protect pedestrians, as with any workplace vehicle.
Ultimate Systems Ltd pleaded guilty to breaching its duty under s.3(1) Health and Safety at Work etc. Act 1974 to safeguard non-employees who may be affected by its operations. It was fined £38,000 and ordered to pay costs of over £3,700.
K pleaded guilty to the same breach and was sentenced to 14 weeks’ imprisonment, suspended for 18 months. He was also ordered to complete 180 hours unpaid work and to pay costs of over £3,400.
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