Untrained agency worker in forklift crush

The 27-year-old, who does not wish to be named, was manoeuvring the vehicle with a clamp attachment in a raised position when it overturned and crushed him at Murfitts Industries Ltd’s site in Lakenheath.

The man suffered severe injuries and subsequently had to have his spleen removed so needs to be on permanent antibiotics. He has since returned to work at another company but still suffers pain.

The incident, on 27 September 2012, was investigated by the HSE.

The court heard the injured worker – who was employed via an agency – had not received any formal training to drive the vehicle and was not wearing a seatbelt. The company had previously received enforcement action from HSE concerning its management of workplace transport, and as a result had provided training to its own staff but this had not extended to agency workers.

Murfitts Industries Ltd, of Station Road, Lakenheath, Suffolk, was fined £17,000 and ordered to pay costs of £10,985 after pleading guilty to breaching Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998.

Richard Weston of Mantra Learning said: "This tragic case is salutary lesson that it is always the employer’s responsibility to check that the individual is properly trained before operating any kind of equipment. You wouldn’t let an agency worker drive your HGV without first checking they have a valid licence, so why let someone get onto an FLT without checking they have a current certificate of training?

"It’s not a case of any FLT certificate will do. The training must be specific to the type of equipment they are operating – counterbalance, reach, articulated etc. What many employers don’t realise is that a powered pallet truck (PPT) requires its own certificate as well."

HSE Inspector Steven Gill, added: "This injury could easily have been avoided had Murfitts Industries provided sufficient training and adequate supervision to make sure safety measures were in place, such as drivers wearing seatbelts.

"Any driver using these vehicles must be provided with appropriate training. Murfitts knew the standard for training because they had provided it for their own staff, but failed to ensure that their agency workers were similarly trained when using the same equipment.”

Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998 Health and Safety states Every employer shall ensure that all persons who use work equipment have received adequate training for purposes of health and safety, including training in the methods which may be adopted when using the work equipment, any risks which such use may entail and precautions to be taken.

RTITB was saddened to hear about the incident. RTITB accredits agencies, such as Pertemps Driver Training, to help prevent these incidents. Although RTITB currently issues 65,000 certificates a year, these shocking stories are told all too often because some employers try to cut costs by shortening, or not even providing, training.



To comply with Regulation 9 of the Provision and Use of Work Equipment regulations 1998, employers are legally obligated to ensure a novice operator has satisfactorily completed basic training, specific job training and familiarisation training before issuing an authorisation to operate on their premises; a £450 approximately 5-day course could have saved a company over £27,000 and a young man his quality of life.

For information about safe use of forklift trucks and vehicles at work click here.