Employee struck by forklift truck

David Lucas was working for Fablink UK Limited at its weld shop site on Stafford Road when he was hit by the reversing forklift on 12 January 2023.

The forklift driver was moving large jigs in and out of a welding pen when it struck 45-year-old Mr Lucas. He sustained injuries including a fractured ankle and a broken elbow, and spent several days in hospital.

An investigation by the Health and Safety Executive (HSE) revealed that there were inadequate measures to segregate pedestrians and vehicles at the site, including the weld shop where the accident happened. It was commonplace for forklifts to enter the welding areas and pens while pedestrians were in close proximity.

Arrangements for monitoring the condition of vehicles was also inadequate and poor maintenance regimes were in place. The forklift truck involved in the accident was in a poor state of repair, including a broken horn and excessively worn tyres. The risk assessment for workplace transport was not suitable and sufficient, and the company had received previous HSE advice in relation to workplace transport and in particular about vehicle and pedestrian segregation.

Fablink UK Limited of Stafford Road, Wolverhampton pleaded guilty at Dudley Magistrates Court to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974. They were fined £30,000 and ordered to pay costs of £6,104.

HSE inspector Heather Campbell commented, “This case emphasises the dangers to safety from poorly managed workplace transport and plant maintenance.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

The prosecution was brought by HSE enforcement lawyer Edward Parton and HSE paralegal officer Helen Jacob.