Forklift that dropped car on worker had ‘multiple faults’

The 22-year-old from Ashton-under-Lyne, who has asked not to be named, suffered severe injuries including broken bones in his back and ribs, a fractured pelvis and a partially collapsed lung in the incident on 25 September 2012.

The car which fell on a young mechanic at North End Salvage Services in Stalybridge. North End Salvage Services was prosecuted by the Health and Safety Executive (HSE) after an investigation found the forklift truck was not safe to use, and the employee had been allowed to climb under the car while it was being lifted to drain the fuel tank.

Trafford Magistrates’ Court heard the company had a purpose-built frame to use for emptying fuel tanks before vehicles were crushed, but it had not been used on this occasion.

The employee was reaching under the chassis when the chains on the forklift gave way and the car fell on him. He had to wear a spinal brace for three months and still struggles with lifting, bending and carrying.

The HSE investigation found the company had failed to carry out an annual service on the forklift truck and it had numerous faults. These included the lifting chains being in a dangerous condition due to rust, stiff links and missing parts.

There was also a low level of hydraulic oil in the tank, the handbrake and horn did not work, one of the tyres was badly damaged, and there was no seatbelt.

North End Salvage Services pleaded guilty to single breaches of the Health and Safety at Work etc Act 1974, Provision and Use of Work Equipment Regulations 1998 and the Lifting Operations and Lifting Equipment Regulations 1998. The company, of Manchester Road in Manchester, was fined a total of £5,000 and ordered to pay £6,000 in prosecution costs.

Speaking after the hearing, HSE Inspector Lorna Sherlock said: "A young employee suffered severe injuries which are likely to affect him for the rest of his life because of numerous health and safety failings by North End Salvage Services.

"The company had equipment which could have been used to drain the fuel tank safely but instead it allowed a worker to stand under the vehicle while it was being lifted by a forklift truck.

"It’s shocking that the firm allowed multiple faults to develop on the forklift, any one of which should have been a reason to take it out of use. Instead, it continued to be operated and an employee was badly injured as a result.”

Geoff Martin, chairman of the Fork Lift Truck Association said: "It’s a disgrace that a fork lift was allowed to fall into such a poor state – neglecting to service and inspect the equipment – and remain in operation. As a result of this complacency, a young man has been left seriously injured.

"But it could have been much worse. That’s why the FLTA works tirelessly to raise awareness of keeping lift trucks operating safely through regular servicing and Thorough Examinations. 

"Sadly, cases like this are not isolated. Time and time again we hear of incidents where workers are seriously injured – or worse – in accidents that could have been prevented had the appropriate measures been taken.

"This September, the FLTA’s safety conference and safety campaign will look at the reasons behind this ongoing problem and identifying ways to avoid them in the future.” 

Richard Hayes, chairman of Consolidated Fork Truck Services added: "Terrible and preventable incidents such as this are a strong reminder of the absolute importance of routine Thorough Examinations. A competent person would have easily highlighted the poor state of the truck’s chain.  

"Yet it is widely accepted that literally tens of thousands of fork lift trucks throughout the UK receive no routine inspection whatsoever… which means a similar number of owners and supervisors are laying themselves open to prosecution for failing to ensure their trucks have a certificate of Thorough Examination. It’s like not having an MOT for your car… but with a piece of equipment that is infinitely more dangerous.

"In this instance, there were a number of additional and dangerous faults on the truck that could equally well have caused a serious accident. However, some of them would not have been picked up on a LOLER inspection which only covers the lifting parts.  

"Our advice to truck users is to make sure they do everything possible to ensure their trucks are in safe working condition. This means insisting on a Thorough Examination and Safety Inspection that embraces not only LOLER legislation (which covers lifting parts) but also PUWER – which embraces other important aspects such as the truck’s handbrake, warning horn, tyres and seatbelt.

If an employer, director or supervisor wants to check how often they need to have their truck examined and what is covered under different inspection regimes he or she can quickly find out more by visiting www.thoroughexamination.org.