Falsification of Report of Thorough Examination of Lifting Equipment (Fine)

A Thorough Report of Examination of Lifting Equipment is a written report of systematic and detailed examination of equipment and safety-critical parts, carried out at specified intervals by a competent person. A Thorough Report of Examination must contain the information required by LOLER Schedule 1, including:
– the examination date,
– the date when the next thorough examination is due,
– any defects found which are (or could potentially become) a danger to people.

Where serious defects are identified, the competent person carrying out the examination must immediately report this verbally to the dutyholder. This should then be followed by the written report, a copy of which must also be sent to the relevant enforcing authority.

Here is the link to INDG422, the HSE guidance on Thorough Examination of Lifting Equipment.

In December 2013, a businessman, who supplies workplace vehicles and lifting equipment, was fined for falsifying a safety document for a forklift truck. Wolverhampton Magistrates’ Court was told that the supplier intentionally made a false entry on the Report of Thorough Examination – he had put the name of a genuine forklift truck supplier at the top of the report and forged a genuine examiner’s signature at the bottom.

The HSE press release is here.

More Forklift Truck Fines

I posted earlier on enforcement action taken for fork lift truck safety failings. These posts are here and here.

Breaches are in LOLER (regulation 8(1)) and PUWER (regulation 9(1)).

Another LOLER Regulation 8(1) breach is here – this time prosecution occurred after investigation found the company had failed to make sure work to lift beams was planned, supervised or carried out safely. The company had been using fork lift trucks to lift long steel beams, weighing over 100kg, but investigation by Britain’s Health & Safety Executive found the work was not planned and the risks ignored (leading to worker injury).

The company now uses a HIAB crane on the back of a flatbed truck to deliver steel beams to customers, which minimises this risk.

Forklift Truck Operations Fine

A delivery driver’s leg was crushed by a pack of six-metre steel sheets weighing almost 4 tonnes when it slid and fell during unloading.

Britain’s Health & Safety Executive found a lack of planning on the part of a company had led to the self-employed lorry driver being able to work alongside company employees in close proximity to a chassis lorry as hazardous re-loading was taking place. The tandem lift was a complicated procedure that had been neither properly planned nor supervised. Had it been controlled and directed competently, the risk of any incident would have been significantly reduced.

The driver had delivered the sheet metal packs in his flatbed lorry and company’s workers were unloading them using a tandem lift by two counter-balanced forklift trucks. The packs were being re-loaded onto a separate lorry before being taken to the firm’s factory.

The company was fined a total £14,000 and ordered to pay £11,284 in costs after admitting a breach of the Provision and Use of Work Equipment Regulations and a separate breach of the Lifting Operations and Lifting Equipment Regulations.

Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998 states: “Every employer shall ensure that every lifting operation involving lifting equipment is properly planned by a competent person; appropriately supervised; and carried out in a safe manner.”

Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998 states: “Every employer shall ensure that all persons who use work equipment have received adequate training for purposes of health and safety, including training in the methods which may be adopted when using the work equipment, any risks which such use may entail and precautions to be taken.”