Smith & Nephew Medical Ltd, a Hull-based business, has been fined £230,000 and ordered to pay £111,000 in costs after an employee of a third-party company sustained life-changing injuries when a 1.2-tonne crate fell from a forklift truck. The incident, which occurred on 22 December 2020, highlighted severe failings in the planning and supervision of unloading operations.
Unsafe forklift operation leads to severe injury and significant penalties
The incident at Hull Crown Court heard that Mr Dubey, an employee of Nippon Express (UK) Ltd, was delivering a large crate containing an electron microscope to Smith & Nephew Medical Ltd’s site. Originally, Nippon Express intended to provide its own forklift and driver for the delivery. However, due to restrictions imposed during the COVID-19 pandemic, Smith & Nephew Medical Ltd opted to reduce the number of external personnel on site and subsequently took responsibility for the unloading process themselves.
This decision, however, was not accompanied by adequate safety measures. The Health and Safety Executive (HSE) investigation revealed that the unloading operation was not properly assessed, planned, or supervised. Crucially, there was no evaluation of the suitability of the company’s two-tonne forklift truck for handling a 1.2-tonne crate, nor were the specific characteristics of the load considered. The company also failed to establish clear procedures regarding how the lift should be executed, who should be involved, and what necessary precautions were required to ensure safety.
As a direct consequence of these failures, Mr Dubey was positioned unsafely during the operation. The load was lifted in an inappropriate manner, leading to the catastrophic moment when the substantial crate dislodged from the forklift truck and landed on him. The injuries Mr Dubey sustained were described as life-changing, underscoring the severe and lasting impact of inadequate workplace safety protocols.
The HSE’s findings emphasised that Smith & Nephew Medical Ltd had not meaningfully controlled or supervised the unloading operation. HSE guidance explicitly states that lifting operations inherently carry significant risks of injury and can incur substantial costs if mishandled. Therefore, it is paramount for organisations to properly resource, plan, and organise all lifting operations to ensure they are conducted safely and efficiently.
Smith & Nephew Medical Ltd, located in Hull, was found guilty of breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. This section places a duty on employers to ensure, so far as is reasonably practicable, that persons not in their employment who may be affected by their undertaking are not exposed to risks to their health and safety. The substantial fine and costs reflect the gravity of the safety breaches and the severe consequences for the injured worker.
Following the court hearing, HSE Inspector David Stewart commented on the case, stressing the importance of clear procedures for managing deliveries and the safety measures required for third parties on site. He highlighted that these requirements remain constant, even when normal delivery arrangements are altered due to external factors such as pandemic restrictions. Inspector Stewart further noted that if a company chooses not to participate in unloading, this should be explicitly stated. Conversely, if third parties are permitted to assist, including supervising or guiding a forklift driver, their roles and the necessary safety actions must be clearly defined to ensure their protection.
This prosecution serves as a critical reminder to the wider industry about the absolute necessity of properly planning and supervising all unloading operations, particularly those involving non-standard or unusually heavy loads. Such tasks demand a thorough risk assessment proportionate to the identified hazards, taking into full account the nature of the load, the suitability of the lifting equipment being used, and the comprehensive arrangements for both execution and supervision. The tragic outcome of this incident underscores the devastating human cost when these fundamental safety principles are neglected.
This story was originally published by HSE Media Centre.
