• Robert Spicer

Forklift truck incident: leg amputation: Morning Foods Ltd fined £30,000

Leg amputation: £30,000 fine

Health and Safety Executive v Morning Foods Ltd (2018) Chester Crown Court, May 1

Statutory reference: regulation 17 of the Workplace (Health, Safety and Welfare) Regulations 1992 (WHSWR).

Morning Foods Ltd, a grain milling company, has been fined after a worker lost his right leg.

The facts

  • In September 2015 two workers employed by the company were emptying a warehouse. A forklift truck was being used to remove redundant equipment form the warehouse. A second truck was stacking pallets onto a trailer.

  • Mark Johnson, one of the workers, was crossing the yard to reach the pallets when he was struck by the second truck. He seriously injured his right leg which was later amputated below the knee.

  • Insufficient measures had been taken to separate pedestrians from circulating vehicles. The company could have installed temporary control measures to reduce the risk of collisions with moving vehicles.

The decision

The company was fined £30,000 plus £35,000 costs under regulation 17 of WHSWR.

An HSE inspector commented after the case that those in control of work have a responsibility to devise safe working methods and to provide the necessary information, instruction and training to their workers in the safe system of working.

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