The incident occurred on 25 March 2022 at T. Print Ltd’s factory in Blackpool.
Self-employed delivery driver Andrew ‘John’ Robinson suffered multiple leg fractures and a dislocated ankle when a forklift reversed into him while he was delivering goods to the company, which specialises in garment embellishing.
T. Print’s services include screen printing, direct-to-garment printing, transfer printing and embroidery.
Robinson had to be airlifted from the scene and spent a month in hospital because of his injuries.
He has required multiple follow-up operations and has still not recovered sufficiently to be able to return to work.
The Health & Safety Executive (HSE) investigation found T. Print had failed to ensure that there were adequate measures in place to ensure the safe segregation of delivery drivers from the unloading and loading activities.
Robinson was not instructed to stand or wait in a safe area during the unloading of his vehicle.
It has published CCTV footage of the incident on its YouTube channel.
CCTV shows moment of collision
“The dangers should have been identified by a suitable and sufficient assessment of the risks,” HSE stated.
HSE inspector Matthew Shepherd commented: “The company had failed to implement a safe system of work for its loading and unloading activities thereby exposing delivery drivers, such as Mr Robinson, to the risk of being struck by the forklift truck conducting the unloading operation. Mr Robinson sustained serious injuries which have had a significant impact on his life.
“All work settings that use forklift trucks to load or unload goods, need to consider the risks arising from their use and implement adequate segregation controls to ensure the safety of pedestrians, such as delivery drivers, during these activities.”
In a harrowing statement presented to court, Robinson said: “Sometimes I wish that I had lost my legs instead, as I have had enough of the pain.”
He stated: “During the incident I sustained serious injuries to both of my legs. I have had six surgeries in the last year, including bone and skin grafts.
“I am still not allowed to weight bear on one of my ankles and have no freedom currently due to my injuries; I cannot drive, and my mobility is limited. I live in a first-floor flat, but the stairs are not manageable without help. Before, I was a strong independent man, but the incident and slow recovery has taken a toll on my mental health.”
At a hearing held at Liverpool Magistrates’ Court last week, T. Print pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974.
The company was fined £40,000 and ordered to pay costs of £4,696.95.
HSE has guidance about the safe operation of lift trucks on its website. On average, lift trucks are involved in about a quarter of all workplace transport accidents.
