Bucks company and mechanic fined after forklift death

Date:

28 April 2011

Release No:

COISE/2804

A Bucks plant hire company and one of its mechanics have been fined after a forklift truck overturned, killing the driver.

Morgans Plant Hire Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation into the death of employee Keith Nappin, who died at its site in Thame Road, Buckinghamshire, on 10 April 2007.

Aylesbury Magistrates' Court heard 42-year-old Mr Nappin from Keble Road in Bicester, worked as a heavy goods driver for Morgans Plant Hire Ltd.

On the day of the incident he was operating a fork lift truck, transporting and loading digger buckets onto flatbed lorries, when the fork lift overturned and Mr Nappin suffered fatal injuries.

The HSE investigation found Morgans Plant Hire Ltd failed to ensure that the fork lift truck was in good working order when Mr Nappin came to use it.

Company mechanic Matthew Edwards, of Aylesbury, had previously incorrectly modified the brakes on the forklift truck which Mr Nappin was operating. By doing this he failed to ensure the health and safety of his co-worker.

Morgans Plant Hire Ltd, based in Oakley, Buckinghamshire, pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974 and 5(1) of the Provision and Use of Work Equipment Regulations 1998. The company was fined £50,000 and ordered to pay costs of £15,000.

Matthew Edwards pleaded guilty to contravening section 7(a) of the Health and Safety at Work etc Act 1974. He was fined £2,000 and ordered to pay costs of £2,000.

After the hearing, Peter Burns, HSE Inspector, said:

"When Keith Nappin went to work on 10 April 2007, his family expected him to return home safely, but the failings of his employers mean he'll never go home again.

"This prosecution serves to show just how important it is for companies to take their health and safety obligations seriously. HSE will not hesitate to prosecute any firm that fails to do so."

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. 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."
3. Section 7(a) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work."
4. Regulations 5(1) of the Provision and Use of Work Equipment Regulations 1998 states: "Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair."
5. HSE information and news releases are available at www.hse.gov.uk.

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Issued on behalf of HSE by COI News & PR South East