East Yorkshire company fined ?600000 after worker dies loading lorry
An East Yorkshire garden landscaping company has been fined £600,000 after an employee died while loading a lorry.
Brian White, 59, was working for Kelkay Limited when he was operating a forklift truck at the company’s site on Heck and Pollington Lane, Pollington, on June 15, 2020. He was fatally injured when the lorry he was loading was moved by the driver, pulling the forklift truck over and trapping him underneath.
An investigation by the Health and Safety Executive (HSE) found Kelkay Limited’s risk assessment failed to take into account the possibility of lorries moving while they are being loaded. HSE also found that the systems of work provided for ensuring that vehicles were not moved during loading activities were inadequate.
Kelkay was found guilty of breaching health and safety regulations and has been fined £600,000 and ordered to pay £20,848.71 in costs at Grimsby Magistrates’ Court[2] on 30 March 2023.
After the hearing, Brian’s eldest son Barry said: “Not a day goes by without me thinking of my dad and how we have lost a massive part of our family. He was our rock who we could turn to for advice and help. We have lost a friend and a father and a grandad all in one go.
Brian White died after a work place accident at Kelkay in Pollington, East Yorkshire (Image: Health and Safety Executive)
“He was a well-known part of the local area and his loss has affected many people around the community. We miss him so much. It still upsets me to this day and we will always remember him. Rest in peace dad.”
Brian’s partner Joan added: “Brian went to work on that day but didn’t return home through no fault of his own. We had made plans for the future together but then everything was turned upside down on that day. My life was then a total disaster from that day.”
HSE inspector John Boyle warned other companies they can expect to be punished if they do not meet the required health and safety standards.
He said: “This incident could have been avoided by implementing the correct control measures and safe working practices. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
An inquest[3] into Mr White’s death took place in April 2021. The HGV driver involved in the incident had been doing the job since 1991 and told the inquest Mr White appeared to be in a hurry and was coming to the end of his shift. He explained there had been some confusion after claiming Mr White told him to move forward before loading had finished.
He said: “The forklift driver told me to move the truck forward. I assumed he had finished loading and it all looked clear.”
But, instead, Mr White’s forklift truck was still in the process of putting a pallet onto the lorry.
The driver told the inquest: “I started driving off and I was going very slowly. I must have travelled seven, eight metres before someone ran to me to tell me something was not right and I should stop.
“When I got out I went to the forklift truck and switched off the engine. I could see the driver had been crushed.”
Evidence from another HGV driver, who was waiting behind and saw what happened, was read out.
His statement said: “While the forklift was still at the wagon, I saw it start to drive off. I started shouting and banging on the steering wheel but the horn would not work as the engine was switched off. The forklift fell to the ground as the wagon carried on.
“I got out but the wagon continued for another 20-30 feet. I could see the forklift driver was badly injured.”
Logistics manager for Kelkay Barrie King had worked at the company for almost 18 years. He is responsible for the fleet of forklift trucks. Giving evidence at the inquest, he was asked if he had any concerns over Mr White’s abilities.
Mr King said: “I had no concerns about his competence as a forklift driver and also no concerns over his health and safety conduct.”
Kelkay has since made changes to the way HGVs are loaded. Mr King explained that concrete blocks are put in place to ensure lorries cannot move until loading is complete. HGV drivers also hand over their keys to the forklift truck drivers until loading is finished.
The layout of the yard where Mr White died has also been changed to reduce the number of loading bays and create more space.
References
- ^ Forklift driver who enjoyed life to the full was crushed to death (www.hulldailymail.co.uk)
- ^ Grimsby Magistrates’ Court (www.hulldailymail.co.uk)
- ^ An inquest (www.hulldailymail.co.uk)
References
- ^ Forklift driver who enjoyed life to the full was crushed to death (www.hulldailymail.co.uk)
- ^ Grimsby Magistrates’ Court (www.hulldailymail.co.uk)
- ^ An inquest (www.hulldailymail.co.uk)
References
- ^ Forklift driver who enjoyed life to the full was crushed to death (www.hulldailymail.co.uk)
- ^ Grimsby Magistrates’ Court (www.hulldailymail.co.uk)
- ^ An inquest (www.hulldailymail.co.uk)