An employee of a vehicle repair and sales company was trying to change a marker light on a high-side lorry and, as his step-ladder was not high enough, he thought it would be a good idea to stand on a cage balanced on the forks of a forklift truck.
And then he fell.
Douglas Mowat, 38, from Yeovil, Somerset was an employee of Vincents Car Sales Ltd at the time of the incident in August 2008. While being raised by a colleague, the cage came off the forks. Mr Mowat fractured his elbow and badly bruised a shoulder. He still has shoulder pain and back problems three years on.
An HSE investigation found that Vincent Car Sales Ltd had not carried out a risk assessment for repairs to high-sided vehicles and had failed to provide a safe system of work.
The firm has entered administration since the incident but it was decided the firm would still be liable for prosecution given the severity of the breach.
Vincents Car Sales Ltd, of Vincents Chambers, Market Street, Yeovil, was not present in Bristol Magistrates Court, but the breach of Section 2(1) of the Health and Safety at Work (Etc) Act 1974 was proved in its absence. It was fined £5,000.
After the hearing, HSE inspector Caroline Coleman, said: "It is not safe to use a cage on the forks of a fork lift truck, unless it is specially designed for this use and properly secured. As witnessed here, a metal cage on metal forks can easily slip.
"This type of incident is unfortunately all too common. HSE has successfully prosecuted several companies in relation to similar incidents, some of which have led to serious injuries.
"Businesses have a responsibility to ensure employees are adequately trained and equipped to work safely with fork lifts."
The International Powered Access Federation (IPAF), which campaigns on the use of appropriate equipment for working at height, also commented on the case. “Temporary work at height continues to be the single largest cause of serious accidents and this unfortunate incident shows what happens if the risks are not properly assessed.
“People should not use ‘dumb’ baskets on fork lifts when there is much more appropriate equipment available for them to do the job properly.”
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