Firm fined over teenage worker injury - Palmers Solicitors
Twitter X

Firm fined over teenage worker injury

Basildon magistrates have fined a local company £3,000 after a teenager’s back was broken when the vehicle he was driving overturned.

The court was told that the injured worker, an employee of Oak View Tree Specialists Limited , was working at the rear of a house in Benfleet, Essex, when the incident occurred in September 2014.

The 19-year-old employee, who had no driving licence, had received only a few minutes training on the use of a dumper truck. He was not wearing a safety belt when he overturned the vehicle.

He was airlifted to hospital where he was found to have broken his back. He spent several months in hospital and it is not known if he will ever be able to walk again.

Oak View, of Rayleigh, pleaded guilty on 17 June 2015 to breaching Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998 as it failed to ensure that the employees received adequate training for the purposes of health and safety. The company was fined £3,000 with costs of £1,500.

Health and Safety Executive inspector Keith Waller said: “This was entirely an avoidable incident. The defendant failed to take reasonably practicable measures because they allowed their employee to operate a dangerous item of plant machinery with only the very minimum of training.

“It is not acceptable to put drivers into vehicles that they have not previously operated, or without the necessary training by a qualified and competent instructor.”

Jeremy Sirrell, who specialises in representation in health and safety cases, said: “Running a business is time-consuming and sometimes health and safety issues slip down the list of priorities but no employer should forget that they have a legal obligation to protect the health, safety and welfare of staff and non-employees.

“We can assist employers to be clear about their legal responsibilities by providing clarification on health and safety compliance. If a health and safety issue arises that could lead to an investigation or prosecution, we can provide expert advice from the outset.”

For health and safety compliance matters, please contact Lara Murray or if you are facing investigation or prosecution on a health and safety matter, please contact Jeremy Sirrell.