Plastics manufacturer fined £400k after forklift breaks worker's leg

A plastics manufacturer has been fined £400,000 for health and safety failings, after an employee was struck by a forklift truck, breaking his leg and ankle in several places.

The incident happened at FloPlast Limited’s site at Eurolink Business Park in Sittingbourne, Kent. On 4 July 2023. The worker was walking across the yard as a forklift truck came up behind him.

CCTV footage of the incident shows that the driver did not see the worker and collided with him, dragging him under for several seconds before he could stop.

The worker sustained multiple leg fractures and a dislocated ankle. He was taken to hospital, where his injuries required him to have a metal plate fitted to his left leg.

The Health and Safety Executive (HSE) launched an investigation into the incident, and found several failures in FloPlast’s safety management. The business had no documented safe system of work, and although employees thought there were measures in place, nobody followed them.

Further study of the CCTV footage revealed drivers and pedestrians regularly circulated in close proximity, and one-way traffic systems were ignored. Vehicles themselves had not been assessed to ensure they provided good visibility.

Management had failed to remind pedestrians and drivers about safe systems of work, and there was also no system to monitor legal compliance.

Appearing at Maidstone Magistrates’ Court on 14 November 2024, FloPlast Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £400,000, as well as £5,567 in legal costs.

Commenting on the case, HSE Inspector Peter Bruce said:

“Poor vehicle and pedestrian segregation in the workplace is a common cause of fatal incidents and injuries. The employee in this instance suffered multiple fractures and has had to have a metal plate put into their leg which they will have for the rest of their life.

“Employers need to ensure that they have suitable measures in place to segregate out pedestrians and vehicles. This includes: the provision of safe systems of work, appropriate training procedures and systems for ensuring compliance with those measures.

“Where it is identified that employees are not following these measures, employers should consider the reasons behind this implementing further measures as appropriate to the risk.”

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