Darren Small was injured when the forklift reversed into him, at Calsonic Kansei, in Llanelli, Wales, knocking him to the ground. He sustained serious head injuries.
Employers need to protect pedestrians in the workplace
Shoosmiths's legal executive and personal injury specialist, Veronica Male said: 'This tragic case shows the importance of employers ensuring pedestrians in the work place are protected from vehicles such as forklift trucks.
'Employers have a duty of care to their employees, and part of that duty is to ensure that their employees are not exposed to risks to their health and safety.'
Under Regulation 5 of the Management of Health and Safety at Work Regulations there's a requirement for employers to provide preventative and protective health and safety measures, such as putting up signs or marking walkways for pedestrians so that they're separate for the use of pedestrians and cannot be accessed by forklifts.
Fatal Injury could have been prevented
Mr Small had gone down to the factory floor to give instructions to a forklift operator. When he'd finished, he was reversed into by a forklift, which caused his fatal injuries.
This tragedy could have been prevented if the forklift driver had been sufficiently trained in working procedures and systems to ensure that, before operating his forklift, the area was clear of pedestrians.
Further details of the HSE prosecution, visit the site.
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Disclaimer
This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2024