Information Bite 199 Company fined after worker killed by Forklift Truck

A Birmingham manufacturer was sentenced on 19th July 2019 after a worker suffered fatal injuries when struck by a forklift truck.

Birmingham Magistrates’ Court heard how, on 24 July 2017, an employee was struck by a forklift truck whilst walking in the designated pedestrian area of the site’s roadway.

She suffered severe crush injuries and tragically died on 8th August 2017.

An investigation by the Health and Safety Executive (HSE) found the measures in place to separate and segregate pedestrians from vehicles were inadequate, with the designated pedestrian walkway running, unprotected, down the centre of the roadway used by vehicles.

The Birmingham manufacturer pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974 and has been fined £200,000 and ordered to pay costs of £23,217.87.

Section 2(1) of the Act states that: “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.”

Section 3(1) of the Act states that: “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.”

Speaking after the case, HSE inspector Kay Brookes commented:

“Far too many people are killed and seriously injured by vehicles in the workplace every year. Provisional data for 2018-19 shows that of the 147 workers fatally injured, 30 of them were as a result of being struck by a moving vehicle. Many hundreds are left with life-changing injuries.”

“The requirement to ensure adequate separation and segregation between pedestrians and vehicles is paramount. This tragic and wholly avoidable incident highlights the need for companies to comply with their legal duty to identify what can kill and seriously hurt people in their workplace and take steps to stop that happening.”