A HSE investigation found that in order for Mr Weightman to work on the forklift truck, he had to move the truck. He was however, unaware that the truck was positioned to stabilise the skips. This improvised working method was approved by Pirelli, and carried out by workers regularly at International Rubber and Tyre Recycling Limited and DCS Multiserve Limited. There had been no effective control over access to the truck and the ignition key was routinely left in the cab. There was a lack of clarity over which contractor was responsible for this activity and as a result no risk assessment had been made and no safe system of work existed.
As a result of the incident, Mr Weightman was hospitalised for several weeks. In a personal statement he said: “I used to enjoy going camping, going for walks with my partner and doing a bit of DIY. I struggle to do it now. I can’t go for walks like I used to. It starts to get uncomfortable and painful.
"I struggle to get comfortable in bed or when sat on the sofa. My left knee gives way sometimes, like when I am carrying a heavy shopping bag.
“I can’t play with my grandson, who is five, and I won’t be able to play with my great nephew when he is older.”
Pirelli Tyres Limited, of Derby Road, Burton-On-Trent, Staffordshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and Regulation 11(1) of the Management of Health and Safety at Work Regulations 1999. The company was fined £280,000 and ordered to pay £4,703.43 in costs at Carlisle Crown Court on 10 May 2024.
International Rubber and Tyre Recycling Limited, of Moorhead Lane, Shipley, West Yorkshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and Regulation 11(1) of the Management of Health and Safety at Work Regulations 1999. The company was fined £9,000 and ordered to pay £4,566.13 in costs at Carlisle Crown Court on 10 May 2024.
DCS Multiserve Limited, of Mylord Crescent, Camperdown Industrial Estate, Newcastle, pleaded guilty to breaching Regulation 11(1) of the Management of Health and Safety at Work Regulations 1999. The company was fined £2,600 and ordered to pay £15,000 in costs at Carlisle Crown Court on 10 May 2024.
HSE inspector Matthew Tinsley said: “The fines imposed on these companies should be a warning to those responsible for the effective management of contractors and effective supervision of employees that the courts, and HSE, take a failure to follow the regulations extremely seriously. It also highlights the risks of improvised work methods using unsuitable equipment. HSE will not hesitate to take action against companies which do not do all that they should to keep people safe.” To read the full HSE report click here
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