Industry News » HSE warns of dangers of failing to maintain plant equipment after companies fined GBP 200,000

Following the death of a telescopic forklift truck driver, the HSE has warned of the dangers of not maintaining plant equipment.

 

The warning follows the prosecution of two companies in relation to an incident at the Davyhulme Waste Water Treatment Works on 18 September 2003. MB Plastics Ltd and Birse Integrated Solutions Ltd were sentenced at Manchester Crown Court on Minshull Street on Tuesday 30 June.

 

MB Plastics Ltd, the deceased man's employer, was charged with failing to ensure the safety of employees, under Section 2(1) of the Health and Safety at Work Act 1974, while involved in operating and working with, or in the vicinity of, a telescopic forklift truck.  The company was fined £150,000 and ordered to pay costs of £24,323 after pleading guilty.

 

Birse, the principal contractor for the project, was charged with failing to ensure the safety of people not in its employment, under Section 3(1) of the Health and Safety at Work etc Act 1974. The court found that Birse had failed to ensure that MB Plastics Ltd prepared suitable and sufficient risk assessments in relation to its telescopic forklift truck operations. It also found that Birse had failed to adequately monitor MB Plastics Ltd and, as a result, had failed to identify the broken window and ensure it was replaced.  Birse was fined £50,000 and ordered to pay costs of £41,073 after pleading guilty also.

 

 

HSE Inspector Warren Pennington said: "This incident would have been entirely avoidable if the proper health and safety procedures had been followed.

 

"Birse, the principal contractor on the site, also had a duty to supervise its subcontractors properly. The company had a comprehensive management system but it was not implemented and, as a result, something as simple as a missing window was not spotted.

 

"This incident emphasises how important it is that companies should not only ensure they have the proper procedures in place – but also ensure they are followed. We’re therefore calling on employers to take their responsibilities seriously so that future tragedies can be avoided."

 

 

Passing sentence, Judge Lakin said: "MB had primary responsibility for the welfare of its employees. The harsh reality of this case is that, in relation to this contract, MB completely failed to have any proper regard to their health and safety obligations.

"This directly led to the development of an unsafe and sloppy system of work in relation to the use of telehandlers. As a result MB’s workforce was exposed to completely unnecessary and avoidable risk.

 

"Birse, as principal contractors on site, failed to implement their own systems and accordingly failed to properly monitor what MB were doing. This lack of monitoring allowed MB’s disregard for health and safety to continue over a number of weeks. In short, Birse failed in their supervisory role."