Posted By Martin Taylor Can anybody help me with some information on a prosecution under section 7 of HSWA for 2 forklift drivers. The case I believe I read about is in the last 3 years and involved 2 (or possibly 3) forklift drivers engaging in a 'game' of race the forklifts round the car park during lunch break - until something went wrong. The employer was prosecuted as well. I would like the details of the case as part of a training program to illustrate the nature of section 7 prosecutions in the field of workplace transport. If my memory of this report is too limited to prompt recollection does anybody have similar case knowledge please thanks Martin

Posted By ITK There was a prosecution of an employee under S7 of the HASAWA 1974 detailed on page 14 of the SHP October 2005.

Posted By Martin Taylor thanks for these comments everybody I have checked the database but can not find the case I think I remember. The recent case of lifting operator in the SHP is interesting but the main feature I am looking for is the driving in a reckless manner. if anybody does remember the original case I am still intereted in learning more thanks again for those respondents Martin

Posted By John Murgatroyd Worth a read ? http://www.gordonscransw...tes/250903/250903nrn.pdf *********************** A company has been fined £100,000 five years after serious safety offences led to the death of a student. The company is likely to evade justice, however, because it is in liquidation and it is not expected it will pay the fine. Mohammed Omar Akhtar, 20, died on 13 August 1997 a forklift truck, driving out of Moores Timber Merchants in Manchester, struck his car. The company and its director Michael Broadbent, who was fined £5,000, were found guilty of 'serious and avoidable' health and safety breaches. Greater Manchester Hazards Centre’s Hilda Palmer, who chairs the national Hazards Campaign, said the company’s long-term failure to undertake risk assessments or implement necessary safety controls that could have prevented the death were 'so serious we feel the court should have had the power to impose a custodial sentence.' HSE initially refused to investigate Mr Akhtar's death, saying it was a road traffic and not a workplace accident. But it backed down in 2000 when the Akhtar family, backed by safety campaigners from GMHC, took the case to judicial review. The company is now in liquidation, and is unlikely to pay the fine, said the judge. The owners shut the company, bought a boat and moved to Guernsey, the court heard. ************************* Death of John Speight in February 1998 In March 2000, Roger Jackson (43), Director of Easy Moss Products LTD was convicted for the manslaughter of John Speight (25), a worker with special needs, who was crushed to death in February 1998 when he fell from a cage which was being lifted on a forklift truck (FLT). He received a 12 month sentence, suspended for two years. He was also convicted of two health and safety offences and fined £10,000. ********************* R v B and Q Bournemouth Crown Court – 8 June 2004 - after being found guilty after a trial of five charges under the HSWA, B and Q were fined a retail record of £550,00 (with costs of £250,000) following the death of a customer, who was crushed to death by a forklift truck at one of their warehouses. The driver of the forklift was acquitted of manslaughter and causing death by reckless driving but was convicted under section 7 of the HSWA and fined. ************************* And you can also read through this lot of prosecutions............. http://www.ttt-services.co.uk/h_s_p1.htm