Breach of Health and Safety Leads to Newbury Forklift Death

Although often dismissed as “red tape” or “excessive” legislation, the health and safety regulations that govern the operations of many industrial environments nationwide are crucial in the fight against injury and worse.

From examining the performance of dangerous equipment, to laying out guidelines for staff training and responsibilities, the various acts and orders are deployed as a preventative method, and are enforced by law.

Their importance is always underlined further when accidents occur that could otherwise have been avoided if correct protocol had been followed.

One such example occurred back in 2011, when telehandler operator Mark Williams, then 41, was crushed and killed by his own vehicle while working on the Parkway Shopping Centre development in Newbury, Berkshire. The tragic incident was the result of negligence on behalf of the construction company working on the project, Costain, as well as local contractor Attleys Roofing, who were responsible for a series of health and safety breaches between them.

Inappropriate Equipment

The first of these was related to the equipment that Williams was operating. A subsequent investigation into the incident found that the size of the telehandler was too great for the small working area of the site, and that a smaller, mobile crane should have been used instead. This is an issue that should have been identified by the companies charged with carrying out the work (Costain and Attleys Roofing), and tied into what Williams described as the “worst site” he’d ever worked on.

Williams’ movement in the telehandler was restricted by the lack of space in the area in which he was operating, meaning he had to perform a number of tight twists and turns in order to complete the work. This, combined with a crowded working environment, left the forklift unstable, leading to it tipping over on top of him.

Health and Safety Failings

Just the day before his accident, Williams had gone to Costain with concerns regarding the level of safety onsite, expressing his fears that a serious injury was likely. Nothing was done, and the tragedy took place less than 24 hours later.

This flies in the face of a statement on Costain’s own website, describing their commitment to health and safety standards: “The Health and Safety of our people is fundamental to our business. Our shared vision is to provide an environment free from harm by promoting a positive safety culture and improving the health and wellbeing of our workforce”.

A systematic failure to act on its own commitments led to Costain ending up in court on accusations of health and safety shortcomings, endangering the life of several workers. The Maidenhead company were also pulled up on a lack of proper risk assessments, putting the welfare of their workers in danger.

Verdict

Almost three years on, and Costain have been found guilty on all counts by Reading Crown Court, despite denying the charges levied against them by the Health and Safety Executive (subcontractor Attleys Roofing were found not guilty).

East Midlands Forklifts

Here at East Midlands Forklifts, we understand the importance of ensuring that your fork truck is not only working at its optimal level, but that it is sufficiently safe to use. 

That’s why we offer fully accredited examinations of your forklift incorporating both LOLER and PUWER regulations to make sure that you meet all required health and safety standards.

Our checks are thorough and detailed, and are performed by trained and experienced engineers, so get in touch with East Midlands Forklifts today for more information.