Company fined £173,000 over forklift death of worker

Andrew Davies, aged 43, was killed when the 18-ton lorry reversed into him, pushing him into the truck, as he carried out a task for Mapei UK Limited in Halesowen.

Yesterday at Wolverhampton Crown Court the firm was fined £173,332 by Judge Mark Eades, who said the company had fallen below expected standards in health and safety.

The Italian-owned firm, which produces adhesive and chemicals, had pleaded guilty to two charges under the Heath and Safety at Work Act at an earlier hearing. After the hearing, Mr Davies' mother, Margaret, said 'proper safety procedures' at the transport yard could have saved her son's life.

The court heard how Mr Davies, of Traders Road, Oldbury, was using a forklift truck to empty waste from a skip into a caged bag in the firm's transport yard in Steel Park Road on July 1 in 2010. But after getting from his truck, he was struck from behind by the lorry, which had no rear camera or reversing alarm. It had moved to allow another vehicle into the yard. Mr Jonathan Salmon, prosecuting on behalf of the Health and Safety Executive, said there had been no risk assessment done for Mr Davies' task.

The court heard how there had also been no traffic marshal for the yard.

Judge Eades said: "Failure in respect of the accident seems to be firstly that the defendants knew and must have known that reversing vehicles in the yard is a potential hazard. There is always the risk that a vehicle will be reversing without the driver in a position to know whether or not there is someone behind the vehicle. It is incumbent with those who run yards to make sure there are systems in place to obviate those risks. In this case nothing had been done."

After the hearing, Mrs Davies, who lives in West Bromwich, said her son's death had hit her 'very hard' as it had come soon after she lost her youngest daughter Joyce, aged 36.

She said: "It is really hard to explain the hurt, grief and anger I feel. A parent never thinks she will outlive her own children. Andrew was a good lad and his heart was in the right place, and he loved his job and going to work.

"They should have had proper safety procedures in place, and people directing drivers reversing big lorries, then this might never have happened."

She added: "I will never get over our son's loss." Mapei UK Limited had pleaded guilty to failing to separate pedestrians and vehicles, thereby ensuring the safety of employees including Andrew Davies, while they were working in the transport yard on July 1 in 2010.

It also admitted failing to undertake the segregation and separation of pedestrians and vehicles in such a way as to ensure that persons in its employment were not exposed to risks on those same dates.

Mr James Leonard, defending the firm, said it had since stepped up safety controls in the yard and installed a marshal to supervise vehicle movements.