Employee prosecuted for health and safety failure

The HSE said the case highlighted how individuals as well as employers could be prosecuted under health and safety laws following incidents at work.

Gerald David Wyatt, a forklift truck operator working at Eardisley Sawmills, Herefordshire, was driving his vehicle when it struck a fellow-worker in January last year, causing "serious injuries".

Wyatt pleaded guilty at Worcester Crown Court this week to failing to take reasonable care for the health and safety of other persons under Section 7 of the Health and Safety at Work Act 1974.

The court heard that Wyatt was driving a rough-terrain forklift truck while the forks were loaded with a stack of 12 modular sheds. As he moved forwards, the load significantly obscured his vision and a fellow employee was struck by the load causing a fractured pelvis, cuts and bruises.

HSE's investigating inspector Anne Robinson said: "It is important that individuals are aware that they, as well as their employer, have duties under the law to take reasonable care of the health and safety of others who may be affected by their acts or omissions at work.

"Mr Wyatt's employer had employed an in-house forklift truck trainer and Mr Wyatt had received regular refresher training and re-testing."

Frequent accidents

She went on to say that Wyatt's forward visibility had been "significantly obscured by the load and he could not see his colleague."

"The injuries inflicted could have been significantly worse, or even fatal," added the HSE inspector. "Operators of lift trucks must ensure that they operate them in accordance with the training they have been given to prevent such tragedies."

Workplace transport incidents are the second biggest cause of work-related deaths, after falls from height, according to the HSE.

Every year, around 70 people are killed in transport-related accidents in the workplace and around eight of those involve forklift trucks. Of 2,249 reported accidents in one year, involving forklift trucks, 626 caused major injuries, including amputations and broken bones.

NURS is now running a Workplace Transport one-day training course covering a variety of issues including separation of vehicles and pedestrians, vehicle inspections and driver training. Call 0500 55 99 77 or email us for more information.