A Perthshire animal feed supplier has been fined £27,000 after a worker lost a foot in an accident with a forklift truck.
Broomhall Ltd admitted health and safety failings leading to the horrific accident which forced 61-year-old John Brodie to have his right leg amputated below the knee.
Sheriff William Wood told Perth Sheriff Court the accident at the Inchture plant on April 11 2019 had “devastating consequences” for Mr Brodie.
The court was told the company, which stores and sells animal feed, had failed to set up a safe system of work and had let an under-qualified driver take control of the forklift.
Warehouse horror
A prosecutor said Mr Brodie was paired with colleague Christopher Purvis, to prepare packages and loads for deliveries in the company’s warehouse.
Mr Brodie was in charge of the “board”, which holds information detailing which package to collect and its location, while his colleague worked the forklift truck.
The driver reversed the truck, unaware Mr Brodie was behind him.
The truck ran over his foot and pushed him into racking.
Mr Brodie was treated at the factory premises by ambulance and a helicopter trauma team.
The prosecutor said at the time of the accident there was no suitable traffic management system in place and the forklift truck driver, who had only joined the company a few days prior to the incident, was not given proper forklift truck training.
During the investigation it was found the company had failed to make a suitable and sufficient risk assessment for the use of forklift trucks.
Accident could have been avoided
Sheriff Wood said: “Mr Brodie intended to work until he was 70.
“He is unlikely to work again. He had to have his lower leg amputated.
“There can be no doubt his injuries have been life changing. He can only drive an adapted car.
“As a result of his injuries the company’s failings came to light.
“The offence is one of creating a risk of harm.
“The fine must reflect the degree of fault and the consequences.”
He said: “Had there been something as simple and clear and unambiguous as one-way markings on the floor, the injuries might have been avoided altogether.
“Mr Purvis had had some training and that was deemed sufficient to put him to this work.
“The traffic ought to have been one way.
“The failure to have markings and the lack of training pointed to the likelihood of a serious incident at some point.”
‘Sharp reminder’
Since the accident Broomhall Ltd has employed two external health and safety companies to improve their health and safety system.
The sheriff noted this and the fact the number of employees exposed to risk of injury or death was “relatively small”.
“I am sure that for a rural, family-run company with long-serving staff members, this incident will live long in the memory,” Sheriff Wood said.
“It is a sharp reminder that, regardless of the apparent competence of staff, proper health and safety systems are essential to remove – as far as possible – the risk to employees.”
Broomhall Ltd admitted that between March 11 and June 27 2019 it had breached the Health and Safety at Work etc Act 1974 by failing to ensure the health, safety and welfare at work of its employees.
Specifically, the company admitted failing to make a suitable assessment of risks arising from the operation of forklift trucks, failing to ensure operators had satisfactorily completed formal training and failing to put a traffic management system in place which would safely segregate vehicles from people.
The company admitted Mr Brodie suffered severe injury, permanent disfigurement and permanent impairment as a result of being struck.
Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service (COPFS), said: “This life-changing injury could have been avoided if appropriate training had been carried out prior to this incident and suitable traffic-management arrangements had been put in place.
“By not taking these steps, Broomhall Ltd put their employee at unacceptable risk.
“This prosecution should remind other employers that failing to take reasonable health and safety precautions can have serious consequences and they will be held accountable for this failure.”
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