An Essex construction company put workers at risk of serious injury or death by neglecting to check and maintain a potentially dangerous forklift truck.
Basildon Magistrates’ Court heard on 19 April that the forklift, which belonged to Aveley Construction, was frequently used at the company’s South Ockendon premises for more than 12 months without any type of thorough examination.
Although it is a legal requirement to check such equipment at least once a year, the truck, which was used to move heavy steel fabrications, was kept in continuous use for well over a year, despite showing obvious signs of disrepair.
A standard investigation, carried out on 23 June 2011 by the HSE, found that only six items out of 24 checked for the purpose of a report on the forklift could be deemed as “satisfactory”. The remaining 18 items were classed as “repair needed”. The forklift’s defects included worn-out tyres, inoperative flashing beacons and lamps, and a loose counter-weight.
Aveley Construction pleaded guilty to breaching s9(3) of the Lifting Operations & Lifting Equipment Regulations 1998 (LOLER), by failing to thoroughly examine the forklift for potential faults at least every 12 months to ensure that any deterioration could be detected and remedied in good time.
It also pleaded guilty to a breach of s5(1) of the Provision & Use of Work Equipment Regulations 1998 (PUWER), by failing to ensure that work equipment was maintained in efficient working order and good repair. It was fined £1500 on each charge, and ordered to pay full costs of £3238.
The owner of the company, who represented himself, said he had since had the forklift truck thoroughly examined and the necessary repairs undertaken, “of which there were quite a lot”, according to HSE inspector Keith Waller, who investigated the case and prosecuted it in court.
He told SHP: “There were so many faults on the forklift. We take a lot of factors into account before taking enforcement, but the attitude of the duty-holder and general conditions in the company were such that we decided to prosecute.”
The inspector added: “All machinery must be maintained regularly to ensure it is safe to work with and be near. It is not enough to rely on reactive maintenance and only fix things when they go wrong – companies should be looking for signs of wear and tear before any deterioration leads to an incident.”
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The fine is a joke.
The cost of mantaining the forklift would cost more?