Policy & Compliance
Safety Executive (HSE), it was found that the company failed to provide supervision of operatives and drivers working on night shifts to ensure safe protocols were followed – practices were “routinely ignored”, specifically, safe walkways and the safe operation of machinery to ensure visibility. Sentencing was adjourned until August 2022, when the Portsmouth Magistrates Court fined the company £200,000 and ordered it to pay costs of £15,631.61. A health and safety audit is absolutely essential to employee safe working. • Another transport company was fined in November 2022 by the Salisbury Magistrates Court, following the death of one of its drivers whilst working in the back of his vehicle, loading and unloading. The company was ordered to pay £400,000 and received a costs order of £19,841.99. A health and safety executive investigation found that the company had not carried out a proper risk assessment of working at height and that insufficient training had been provided. The HSE inspector emphasised that simple control measures would have prevented the incident. What to do So, whilst health and safety at work has historically been seen as a separate (and in some cases, less important) part of business operations, it is clear that companies must now account for health and safety offences, which if in breach, may disproportionately affect the bottom line. Simple steps such as training and full risk assessments can often make the difference. Key action points: • Know the rules: this is aimed at both employers and employees. Whilst you may be familiar with the longstanding company policy, your primary responsibilities are set out within the Health and Safety at Work Act 1974 : -Section 2: outlines the duties of an employer and deals with the safety of the working environment, instruments/equipment and the provision of training or supervision for the employees. -Sections 7 to 8: outline the duties of the employees (including cooperation and an obligation to take reasonable care of yourself and others). - The Health and Safety at Work Act 1974 is enforced by the Health and Safety Executive (HSE) and local authorities. • Make use of your resources: HSE issues comprehensive guidelines in a range of different areas including risk assessments. Specific guidance on forklifts, risk assessment charts for manual handling activities and incidents notable of reporting are also outlined in s. 6 to 11 of RIDDOR. • Be aware of updates: rules and regulations are updating all the time. Keep track of the latest HSE guidance and seek advice where necessary. Work-related incidents are a major problem for the logistics and transport industry which is, in many ways, at higher risk than other industries. Follow the guidance, be proactive and protect your employees to protect your bottom line. BIFA would like to thank LA Marine Solicitors for allowing BIFA to re-use information included in its original article when preparing this piece.
and took over operations a number of years ago, before the court hearing. Swindon Council was called to the site after an employee became trapped by a cage that shifted following an impact from a vehicle operating inside the warehouse. The council then discovered that there had been other incidents on site that had not been reported to it under RIDDOR. The court found that the logistics company failed to comply with its responsibilities set out within HSWA and had further failed to report past incidents within the workplace, in breach of RIDDOR. The judgment demonstrates the courts’ increased intention to issue fines for those in breach of health and safety at work law. Heavy fi nes Other logistics firms have had heavy fines imposed on them for similar health and safety breaches: • In March 2022, a cargo handling company pleaded guilty to breaching section 33 of HSWA after an employee was fatally crushed between shipping containers whilst working in a container park in Portsmouth in 2017. After investigation by the Health &
“ Follow the guidance, be proactive and protect your employees to protect your bottom line
June 2023 | 19
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