HSE/GNN.NE/223 /07 12 June 2007

Employers warned over dangers of forklift trucks after Berwick worker is paralysed

The Health and Safety Executive (HSE) has today reminded businesses that use forklift trucks of the steps they must take to safeguard against the dangers posed by these vehicles.

The warning comes after Silvery Tweed Cereals Ltd was fined £20,000 and ordered to pay costs of £5,397 at Berwick upon Tweed Magistrates’ Court this afternoon. The company was fined after pleading guilty to breaching Section 2(1) of Health and Safety at Work etc Act 1974 (£16,000 fine) and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999. (£4,000 fine)

HSE Inspector Martin Baillie said:

"Forklift trucks were responsible for just under 2,000 reportable incidents last year, including seven deaths. They are a potential danger to their operators and to other people in the vicinity if not operated with great care. Risks include being struck by a moving truck, crushed by an overturning vehicle, becoming trapped between a truck and an object or, as in this case being crushed by a falling load.

"Employers must ensure they assess the risks involved in any use of these vehicles and take appropriate steps to counter those risks. They must also provide adequate health and safety training for any employees operating forklift trucks.

“In this case Silvery Tweed Cereals Ltd did not ensure the load was adequately secured, nor did they make a suitable risk assessment and they did not ensure that all of their operators received adequate forklift truck training. 

"The tragic result was that one of the employees, Steven Rogers aged 29 of Berwick, sustained injuries which have left him permanently paralysed after a downgrade bin which he was attempting to empty fell from the forks of a forklift truck and pinned him to the ground".

The incident occurred at the company’s premises on Tweedside Trading Estate, Tweedmouth, Berwick upon Tweed, on 29 June 2006.

Notes to editors:

1. Section 2(1) of the Health and Safety at Work etc Act 1974 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. Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 states: "Every employer shall make a suitable and sufficient assessment of-
   • the risks to health and safety of his employees to which they are exposed whilst they are at work; and
   • the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,

   for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions…"

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