At Southern Derbyshire Magistrates' Court today (14 May) agricultural contractors Pete Mellor Ltd of Burton on Trent pleaded guilty to breaching section 3(1) of the Health and Safety at Work etc Act 1974 for failing to ensure the safety of people not in their employment. They also admitted breaching Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 for failing to make suitable and sufficient risk assessments. The company was fined a total £12,000 and ordered to pay costs of £2,500.
The charges relate to an incident on 11 October 2007 when an employee was repairing a forklift truck at the company's rented premises at Barn Farm in Drakelow, Derbyshire, which involved removing the counterbalance weight. The 1.8 tonne weight was not supported; it fell off and landed on a self-employed worker who was walking past at the time. The weight crushed the man's left leg which had to be amputated below the knee.
HSE Inspector Samantha Farrar said:
"The incident resulted from an unsafe system of work. The weight was not supported during removal and the person carrying out the repair had been given insufficient information and instruction. Also, the injured party was allowed to walk through the work area.
"A risk assessment for the job was not carried out. A suitable and sufficient assessment would have addressed all of these issues and a man may not have been left with a life-changing disability."
