A company based in Burton has been fined £12,000 after an employee had to have his leg amputated following a work-related accident.
Keith Thompson was seriously injured in an accident at work in October 2007 at Barn Farm, in Caldwell, Drakelow, when working for Pete Mellor Ltd. His leg was crushed when an unsupported 1.8-tonne counterbalance weight fell off the back of a forklift truck at the firm’s operating premises.
The accident happened as Mr Thompson was talking to his fellow colleague Paul Thomas, who was fixing a forklift truck. Derbyshire Magistrates Court heard how Mr Thomas was undoing the truck’s four bolts, attached to the counterweight balance, when the machinery suddenly gave way without warning and landed on Mr Thompson’s leg. He was trapped under the weight while his colleagues had to use another forklift truck to remove the weight from him.
Mr Thompson was then rushed to hospital but doctors were unable to save his leg and it was amputated below the knee.
The Health and Safety Executive launched an investigation into the accident and prosecuted the company. The owner of the company Peter Mellor appeared at Derbyshire Magistrates Court after admitting two breaches of the Health and Safety at Work Act at an earlier hearing.
Samantha Farrar, prosecuting on behalf of the HSE said Pete Mellor Ltd admitted breaching part of the Health and Safety at Work Act 1974 for failing to ensure the safety of people in their employment. The company also admitted the charge of breaching part of the Management of Health and Safety at Work Regulations 1999 for failing to make suitable and efficient risk assessments.
Ms Farrar said in court: “The incident resulted from an unsafe system of work. The weight was not supported during removal and the person carrying out the repair had been given insufficient information and instruction. A risk assessment for the job was not carried out. A suitable and sufficient assessment would have addressed all of these issues and a man may not have been left with a life-changing disability.”
Defending the company, Andrew Hopkin told the court that the company had an excellent health and safety record with no previous accidents, and that all staff had attended many health and safety courses. He said that Mr Thompson was a friend of the company and had returned to work for them. He said: “If it was not a safe place, he would not go back.”
Ruling over the court Judge Caroline Goulborn said that she had given Mellor credit for his guilty plea, but the accident could have been avoided and something should have been done to balance the weight. She fined the company £12,000 and also ordered them to pay costs of £2,564.
Anthony McCarthy, an Associate Solicitor at Macks Solicitors said “Over the years Macks Solicitors have acted for many clients who have been injured whilst at work and the firm has successfully recovered substantial compensation on their behalf. In some cases the injuries have, as in the case above, had life changing consequences for the victims and their families and we have ensured that they have received the maximum compensation available to them”.
“Last year there were around 2,000 reportable accidents involving forklift trucks, including seven fatalities. It is the responsibility of employers to look after the health, safety and welfare of their employees while they are at work and many accidents could be avoided with proper risk assessment, training and good working practice”.
