Plastics manufacturer fined as worker suffers multiple leg fractures

A plastics manufacturer in Kent has been fined £400,000 after an employee was seriously injured by a forklift truck.

The man was struck by the vehicle while walking to collect materials at FloPlast Limited’s site at Eurolink Business Park on 4 July 2023.

The driver of the forklift truck failed to see the worker, who sustained multiple leg fractures and a dislocated ankle, requiring him to have a metal plate fitted in his left leg.

A Health and Safety Executive (HSE) investigation found a number of measures lacking at the site in Sittingbourne:

  • FloPlast Limited had no documented safe system of work and that nobody was following the measures the firm thought were in place
  • CCTV footage showed multiple drivers and pedestrians circulating in close proximity
  • A site inspection by HSE found employees were not observing one way systems or following systems of work
  • HSE also established that there was no system in place to monitor compliance or to remind employees and drivers of the systems of work
  • Finally, it was found that nobody had assessed the vehicles being used by workers to ensure they provided good visibility.

HSE guidance can be found at: Introduction to workplace transport safety – HSE

FloPlast Limited, of Eurolink Business Park, Sittingbourne, Kent, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £400,000 and ordered to pay £5,567 in costs at Maidstone Magistrates’ Court on 14 November 2024.

The forklift truck that struck the worker

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.”

This HSE prosecution was brought by HSE enforcement lawyer Neenu Bains and supported by HSE paralegal officer Daniel Adams.

 

Notes to editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so.  The sentencing guidelines for health and safety offences can be found here.