Posted: September 14th, 2017

A Supermarket operate a distribution depot. Health and safety has been a low priority for a number of years, after the Health and Safety Manager resigning his post 18 months previous. The General Manager had not seen the need to replace him. There is an Occupational Health Nurse on site who has recently completed a two week NEBOSH General Certificate. She has been given day to day responsibility for health and safety management. She has no real experience of health and safety issues in a warehouse. Approximately 700 people are employed onsite, 7 days per week. A fleet of 100 counterbalanced fork lift truck are used to move goods around the warehouse. The trucks are fitted with fuel saving devices, which cut out the power when the operator is not on the seat. 73 of these trucks have had this device disabled by operators who considered it inconvenient. The trucks were subject to statutory inspection and general maintenance by the supplier, but this contract had lapsed when the Health and Safety Manager had left. As a short term measure the General Manager had asked Mr ‘x’ a general maintenance engineer to look after the trucks. Mr. ‘x’ was a fitter by trade and although happy to help out had no real experience in this area. Mr ‘x’ was also known to have a long standing heart problem. After he returned to work from a lengthy absence he had been instructed not to undertake any heavy work or be left alone in the workplace

Consider the following scenario in relation to breaches of the Management of Health and Safety at Work Regulations 1999. Identify enforcing options available and the likely outcome.

A  Supermarket operate a distribution depot. Health and safety has been a low priority for a number of years, after the Health and Safety Manager resigning his post 18 months previous. The General Manager had not seen the need to replace him. There is an Occupational Health Nurse on site who has recently completed a two week NEBOSH General Certificate. She has been given day to day responsibility for health and safety management. She has no real experience of health and safety issues in a warehouse. Approximately 700 people are employed onsite, 7 days per week. A fleet of 100 counterbalanced fork lift truck are used to move goods around the warehouse. The trucks are fitted with fuel saving devices, which cut out the power when the operator is not on the seat. 73 of these trucks have had this device disabled by operators who considered it inconvenient. The trucks were subject to statutory inspection and general maintenance by the supplier, but this contract had lapsed when the Health and Safety Manager had left. As a short term measure the General Manager had asked Mr ‘x’ a general maintenance engineer to look after the trucks. Mr. ‘x’ was a fitter by trade and although happy to help out had no real experience in this area. Mr ‘x’ was also known to have a long standing heart problem. After he returned to work from a lengthy absence he had been instructed not to undertake any heavy work or be left alone in the workplace.

Mr ‘x’ was servicing one of the trucks, one day when it unexpectedly started and ran over him due to the fuel saving device being disabled. The accident was fatal. During the investigation the enforcing agency identified shortcomings in the following areas. Risk assessments were incomplete for a number of warehouse activities. Those that had been completed had not been reviewed. There were no records of maintenance for the forklift trucks. No proactive monitoring was undertaken. No site inspection had been carried out for 18 months. 150 designated forklift truck drivers had never been formally trained and another 45 had never had refresher training.

Task: Analyse the legal implications of accident scenario

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