HSE/E/43/07 8 November 2007

HSE sends out clear warning after tragic death of six year old at Tilbury Port

The Health and Safety Executive (HSE) has warned companies to ensure they identify the risks in their workplace and manage them following the death of a six year-old boy at Tilbury Free Port, Essex.

Port of Tilbury London Ltd was fined £100,000 with £157,000 costs, at Croydon Crown Court, after pleading guilty to breaches of Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974.

On 29 August 2003, a port employee took his son, Harry Palmer, to work. While at the site, Harry was taken for a ride on a forklift truck, which collided with a second truck.  Harry was thrown onto the floor and then crushed by a three-quarter tonne paper reel, which rolled off the second truck because it was not clamped in place.

The HSE investigation found work practices at the company, sanctioned by management, which contravened their own training instructions and specific advice given by HSE on carrying paper reels. Whilst the two paper reels that were meant to be transported were clamped to the truck, a third unsecured reel was routinely balanced on top. This practice known as “carrying a rider” had continued for a number of years despite the fact that equipment was available which would have clamped all three. HSE Inspector, Eddie Scoggins said:

“I hope this tragic incident makes it clear to employers that they need to take positive steps to identify the risks in their workplaces and manage them. Moving the paper reels was a routine part of work at the docks. Had the company undertaken a proper risk assessment and stopped the practice of carrying riders the completely unnecessary death of Harry Palmer would not have happened.”

Notes to editors

1. Section 2(1) of the Health and safety at work etc Act states: “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”
2. Section 3(1) of the Health and safety at work etc Act states: “ It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.”
3. For more information on managing risks in the workplace, visit www.hse.gov.uk/risk
4. More information on workplace transport can be found at www.hse.gov.uk/workplacetransport/index.htm

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