HSE warns employers to maintain equipment and provide training after forklift injury

Date:

16 September 2009

Release No:

HSE/WM/263/2009

The Health and Safety Executive (HSE) is warning employers that machinery and equipment need to be properly maintained and adequate training provided, after a Staffordshire apprentice suffered serious foot injuries when a forklift truck overturned.

David John Alcock of Stoke-on-Trent was today (16 Sept) fined a total of £1,750 and ordered to pay costs of £2,250 at Stoke Crown Court after he pleaded guilty to breaching health and safety legislation. 

The charge related to a 17-year-old employee who was operating the forklift truck at a company based at Britannia Park Industrial Estate in Stoke-on-Trent in June 2008, when it overturned, causing serious foot injuries. Although the youngster had been told not to drive the fork lift truck, he still managed to use it after the key had been left in the controls.

The court heard the vehicle was found to have a number of defects, while Mr Alcock was unable to produce any record to show that a thorough examination under the Lifting Operations and Lifting Equipment Regulations had been carried out. It also emerged that another employee had been using the truck, as well as Mr Alcock, without adequate training.

Following its investigation into the incident, the HSE charged Mr Alcock with a contravention of Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998; as well as a contravention of Regulation 9(4) of the Lifting Operations and Lifting Equipment Regulations 1998.

Speaking after the case, HSE investigating inspector Hilary Lidbury, said:

"This youngster is lucky to be alive since forklift truck overturns can be fatal. If the key had not been left in the vehicle the accident could not have happened. It is very important that appropriate arrangements are made for the custody of the key of any mobile work equipment, particularly in view of the coming school holidays.

"After the accident, the truck was found to have a number of critical safety defects which would have been pointed out to Mr Alcock if he had had a thorough examination carried out as the law requires."

"Another of Mr Alcock's shortcomings was that he did not ensure that adequate training had been given to those operating the forklift truck.  If he had had such training himself he would have known more about what maintenance and thorough examination was necessary, and about the importance of preventing unauthorised access to the key." 

Note to editors

1. Regulation 9 (1) of the Provision and Use of Work Equipment Regulations 1998 states: Every employer shall ensure that all persons who use work equipment have received adequate training for purposes of health and safety, including training in the methods which may be adopted when using the work equipment, any risks which such use may entail and precautions to be taken.
   
   Regulation 9(4) of the Lifting Operations and Lifting Equipment Regulations 1998 states: Every employer shall ensure that no lifting equipment - (a) leaves his undertaking; or (b) if obtained from the undertaking of another person, is used in his undertaking, unless it is accompanied by physical evidence that the last thorough examination required to be carried out under this regulation has been carried out.
2. Approved Code of Practice and Guidance 'Safe Use of Work Equipment - Provision and Use of Work Equipment Regulations 1998' ISBN 978-0-7176-6295-1 obtainable from HSE Books: http://books.hse.gov.uk
3. Further information on risk assessments can be found on HSE's website at www.hse.gov.uk/risk/index.htm

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Issued on behalf of the Health and Safety Executive by COI News and PR West Midlands.