The father-of-two, Jonathan Newham, aged 52, died in hospital from head and chest injuries, after a metal frame being loaded onto a lorry trailer fell on him at the firm’s site at Wrangle, near Boston, Lincolnshire on July 10, 2012.
Lincoln Crown Court heard the firm, George H Kime and Co Ltd, had committed serious safety breaches, according to a probe by the Health and Safety Executive (HSE).
The accident happened after the firm had transported goods from Wiltshire to Wrangle for an auction in Skegness.
Two forklift trucks were used to move the goods, which were not on pallets, from the trailer to a second vehicle because the trailer was needed elsewhere.
Newham moved a large metal-wheeled chassis, known as a ‘dolly’, from the first trailer, while his colleague tried to load the dolly onto the second trailer.
For unexplained reasons
For unexplained reasons, Newham climbed onto the second trailer. But, as his colleague loaded the dolly onto the trailer with the forklift, it slipped off the tines of the forklift truck, trapping and fatally injuring him.
The HSE investigation revealed the firm had failed to ensure the safety of its employees during the movement of the metal dolly. It had also failed to plan and supervise the lift and there was no safe system of work in place for the movement of loads not placed on pallets. But forklift truck drivers were trained and competent to move items on pallets.
The firm should have ensured there was someone in charge who was qualified to plan the lift to make sure it was suspended securely, and to ensure that the item could be safely lowered, said the HSE.
Planning and supervising the lift properly would have identified and controlled the risks and excluded people from the area. While some procedures were in place, the lack of strong management systems meant the firm was complacent about the risks and failed to ensure procedures were followed, the court was told.
George H Kime and Co Ltd of Main Road, Wrangle, was fined £125,000 and ordered to pay £61,935 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.
Entirely avoidable
Speaking after the hearing, HSE inspector Sally Harris said the death was entirely avoidable.
“Lifting large, heavy and awkward items requires planning by a competent person and safe systems of work,” said Harris. “Lifting operations, which often present severe risks to workers, must be properly planned, controlled and adequately supervised. By taking these steps, businesses can prevent tragic incidents such as this from happening.”
Also speaking after the court hearing, the victim’s wife of 33 years, Mrs Gillian Newham, said: “We had raised a family and now it was our time to do the things we had dreamed about. We had big plans for the house, holidays abroad and were excited about a future that John had worked so hard to provide for.
“It all ended that day and our hopes and dreams were shattered. John was my strength, my rock and my comforter. He is missed enormously. He was quite simply a marvelous, selfless husband and father.”
HSE advice on the safe operation of lifting trucks is available here.