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Written by
on 05 May 2011


Co-Worker of the deceased also Prosecuted and Fined

The Health and Safety Executive have prosecuted a plant hire firm after one of their mechanics died in the workplace.  Mr Nappin was employed by Morgans Plant Hire Ltd as a heavy goods driver.  The accident happened on April 10 in 2007 the driver, aged 42, was working in the forklift truck lifting and moving digger buckets on flatbed trucks at the site on Thame Road in Buckinghamshire.  The forklift truck overturned while Mr Nippon was operating it and he died from fatal injuries.

Investigation into the Condition of the Forklift Truck Revealed Health and Safety Errors

After the death of Mr Nappin the Health and safety Executive carried out an investigation to discover if the accident could have been avoided.  The Magistrates court in Aylesbury heard how the inspectors discovered that the forklift truck which was involved in the accident had been modified by another mechanic, Mathew Edwards, who also worked for Morgan Plant Hire.  The modification of the brakes had been carried out incorrectly and as a result of this the mechanic had breached the health and safety act and put his co-workers in danger.

Court Heard Guilty Pleas

The Morgan Plant Hire firm, which is located in Oakley, pleaded guilty on two counts.  They were guilty of breaching section 2(1) of the Health and Safety at Work Act 1974 and also section 5(1) of the Provision and Use of Work Equipment Regulations 1998. The court fined the company £50,000 and in addition to this the firm also have to pay £15,000 in charges.  Mr Nappin’s co-worker, Mr Edwards, pleaded guilty for breaching the section 7(a) of the Health and Safety at Work Act 1974 and was given a fine of £2,000 and a further £2,000 in costs.

Employee Failed By Employers

One of the Health Inspectors for the Health and Safety Executive, Peter Burns spoke to the press after the hearing.  He stated that when Mr Nappin left his home for work on April 10 2007 his family expected him to come back safely but the failings of his employer meant that he would never return home again.  He hopes that this prosecution would show that it is essential for companies and employers to take the Health and Safety regulations very seriously. The Health and Safety Executive will prosecute any company who fails their employees and the public by failing to do so.

It’s Your Responsibility as an Employer to Ensure the Health and Safety of your Workers

Veritas Health and Safety Consultants provide full Health and Safety services which highlight the places where your policies are working as they should, and the areas where they are not.  The audit will show you if there are any changes which need to be made to make sure you are acting within the law.

A Health and Safety Audit can be used to make sure that all the policies in place are being followed by your employees.  The results are presented in a full report along with all the advice on how to tackle problems so that your company is following all of the health and safety regulations.  Call 0800 1488 677 for further information on all our Health and Safety Services.

About the author

David Cant is a Director at Veritas Consulting. The SME’s favourite go-to consultant for health and safety know-how. Bucket loads of experience. Fluent in practical advice. Solutionist with a brain you can pick. You can find him across social media on Twitter, Facebook and Linkedin.

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