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HSE warns of the dangers of misusing fork lifts after worker hit by falling load

The Health and Safety Executive (HSE) is warning companies of the importance of implementing safe systems for lifting loads and using suitable lifting equipment for the job. It follows the prosecution of a Birmingham company after an incident in which a worker was seriously injured.

At a hearing at Birmingham Magistrates Court today, Secure IT Disposals Ltd was ordered to pay £8,000 in fines, with £3,500 costs, after pleading guilty to breaching Section 2(1) of the Health & Safety at Work etc Act 1974.

The court heard how, on 3 November 2008, a one ton mobile shredding machine was being raised by a fork lift truck for maintenance, at the company's premises at Woodgate Business Park, Birmingham. The machine subsequently fell off the forks, hitting employee Kevin Kelly who was working underneath the shredder.

Fortunately, Mr Kelly wasn't crushed by the falling load, but nevertheless he suffered serious back injuries which required immediate surgery and he has not worked since the incident.

HSE Inspector Paul Smith said:

"Mr Kelly was very lucky not to have been trapped and crushed by the falling machine and suffering more serious injuries, or even death."

"Even non-routine work, such as in this case, still requires proper consideration and risk assessment where there are significant risks. For an object of this size and weight to fall off the forks and hit someone, shows how serious people can be injured for the sake of taking a few minutes to consider how to do something safely even when time is short.

"This case should be a warning to all companies undertaking non-routine and one-off jobs that time spent thinking about how to do the job safely with the right equipment will ultimately save time and costs, and mostly importantly save lives."

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 it is reasonably practicable, the health, safety and welfare at work of all his employees."
  2. The maximum penalty, in a lower court (Magistrates'), for a single breach of the above Act, is a fine not exceeding £20,000 and for cases heard in the higher (Crown) court carry an unlimited fine.

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

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Updated 2009-01-09