A director of a recycling company has been given a suspended jail sentence after untrained workers were allowed to use forklift trucks and the firm was found to have no employer’s liability insurance.
Northampton Magistrates’ Court was told on Thursday that the Health and Safety Executive (HSE) issued an Improvement Notice to BB Recycling on November 29, 2011. The company still failed to implement essential training, even though the deadline to comply was moved out to February 28, 2012.
Director’s career in tatters
The company, of Pilot Road, Corby, Northamptonshire, admitted to three separate breaches of the Provision and Use of Work Equipment Regulations 1998, the Health and Safety at Work etc Act 1974 and the Employers’ Liability (Compulsory Insurance) Act 1969. It was fined £300 with £340 payable in costs.
Russell Wayne Armer, of Furlong Street, Desborough, was handed a four-month prison sentence, suspended for two years. A victim surcharge of £80 was also payable.
The court has moved to prevent Mr Armer from being a director, managing or having any say in a business for a minimum of five years.
Firm has no excuse
HSE inspector Roger Amery was thankful action was taken before workers placed in unnecessary danger were injured.
“The requirement to train fork lift operators is long established across all industries so there is no excuse for this company and its director to blatantly ignore what was required as well as a notice that explicitly called for remedial action,” he said.
“Possessing valid employers’ liability insurance, meanwhile, is mandatory for all businesses. So I doubt that many employers will have much sympathy for a firm that was operating without this.”
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