Legal News

The Health and Safety Executive (HSE) has prosecuted a steel fabrication company in North Yorkshire, after a worker was killed when the forklift truck he was driving overturned.

On 13 March 2013, 27-year-old Kelvin McGibbon was reversing the forklift truck, when it struck some steps, causing it to overturn.

Mr McGibbon was not wearing a seatbelt and suffered crush injuries, which proved fatal.

An investigation by the Health and Safety Executive into the incident found that steel fabrication firm Severfield (UK) Limited had failed to manage forklift truck driving operations – and did not enforce the wearing of seatbelts for forklift operators.

However, the offence to which the company pleaded guilty was not a significant cause of the fatal accident.

At Teesside Crown Court, Severfield (UK) Limited – of Severs House, Dalton Airfield Industrial Estate in Dalton, Thirsk, North Yorkshire – pleaded guilty to a non-causative breach of Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999.

The company was fined £135,000 and was also ordered to pay costs of £46,020.

After the hearing, HSE inspector David Welsh said:

“A company has a legal duty for the health and safety of people working on its site, whether they are employees or not.

“They are required to assess risks, eliminate them where possible – and enforce proper control measures, such as seatbelt wear – by checking that safe driving practices are being followed to deal with the risks that remain.”

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