Leeds Magistrates’ Court heard that on 5 August 2020 the delivery driver, an employee of Brighouse Pallet Services Ltd was struck by one or two falling pallets whilst they were being unloaded from a HGV trailer by a Seal It Services Ltd fork-lift truck (FLT) operator at the latter company’s site at Elland. 

 

An investigation by the Health and Safety Executive (HSE) found that both companies failed in their duty to provide a safe system of work. They failed to put in place simple control measures to ensure that all delivery drivers who visited the Seal It Services Ltd site were moved to a safe location for waiting, whilst HGV trailers were being unloaded by FLTs. 

 

Seal It Services Ltd of Riverbank Way, Elland, West Yorkshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £50,000 and ordered to pay £4,654.90 in costs.” 

In the first instance, it is a legal requirement that employees are competent to undertake required tasks in a safe way. The Health and Safety at Work etc. Act (HSWA) 1974 states that employers need to provide whatever information, instruction, training and supervision is necessary to ensure, "so far as is reasonably practicable", the safety of their employees and others affected by their activities. 

 

The Management of Health and Safety at Work Regulations (MHSWR) 1999, outlines where safety training is most important, e.g. when people start work, on exposure to new or increased risks and update skills and knowledge where needed. The MHSWR require employees to consider the capabilities, training, knowledge and experience of workers and ensure that the demands of their work do not exceed their ability to carry out their role without risk to themselves and others.