The next step

The HSE’s guidance on FLT training

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Lies about fork lift accident led to increased penalty

What happened?

Richard Ellwood (E), the owner of Dickies Pet Centre (D) in King’s Lynn, Norfolk, was unloading a pallet of pet bedding on 25 June 2018 when the accident occurred. While moving the 2.5 metre tall and 800Kg load from the lorry the forks of the truck were too close together so that they entered the wrong apertures in the pallet. The situation was made more precarious as he manoeuvred the load with the forks in the raised position instead of lowering them. The load fell onto the lorry driver fracturing vertebrae in his neck and leaving him paralysed. He now requires 24-hour care and is not even able to breath unassisted.

Investigation

Officers from West Norfolk Council investigated the accident, identifying that there was no risk assessment for unloading delivery vehicles. Although E had received some training in the use of the fork lift truck (FLT) he had not refreshed it in 13 years. However, initially the officers did not have the full picture because they were unaware of the handling mistakes E had made. E created a story that pallet defects were to blame. These lies diverted the investigation and delayed the identification of the real cause of the accident.

Tip. When an accident has taken place, it is advisable to co-operate fully with any investigation. Doing otherwise can seriously backfire.

In court

The judge said that E’s lack of honesty aggravated the offences and led to increased sentences.

D pleaded guilty to breaching s.3(1) Health and Safety at Work etc. Act 1974 (HSWA) for putting non-employees at risk of injury. It received a very large fine for such a small company, of £115,000. It was also ordered to pay costs of over £70,000 to reflect the more extensive investigation which was required to get past the initial untruths.

E also pleaded guilty personally to an offence under s.37(1) HSWA . He was saved from a prison sentence due to his early guilty plea but was ordered to carry out 200 hours of unpaid work.

Note.Section 37(1) states that when an employer commits an offence due to the consent, connivance or neglect of a senior manager or director, that individual is also guilty of the offence.

Keeping the knowledge

One problem which the investigating team identified was that there was no instruction manual for the FLT . This was evidence that there was no knowledge of manufacturer warnings such as the correct fork spacing.

Tip. If you can’t find your user manual, obtain a copy from the manufacturer and keep it available.

Tip.FLT refresher training is also important. It doesn’t need to be carried out at a particular frequency, although the HSE suggests every three to five years might be appropriate. You’ll also need to arrange refresher training if poor performance warrants it (see The next step ).

For a link to the HSE’s guidance on FLT training, visit https://www.tips-and-advice.co.uk , Download Zone, year 19, issue 21.