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Nick Cornwell-Smith  
#1 Posted : 09 September 2010 13:17:50(UTC)
Rank: New forum user
Nick Cornwell-Smith

It must be an age thing but I vaguely remember as court case against Sainsbury's where an employee was killed/seriously injured by a fork lift truck. Part of the case was about the competence of their H&S adviser. Anyone else remember it? If someone can point me in the direction of details, Id be grateful. Regards and thanks in advance Nick Corwnell-Smith
Canopener  
#2 Posted : 09 September 2010 13:34:48(UTC)
Rank: Super forum user
Canopener

I believe that there was a case involving a certain supermarket (I am choosing my words carefully) and the overiding of interlock switches, that had become common practice and that this was known about and 'condoned' (by inaction by management). As I recall the judge was scathing in his summing up, saying something along the lines of the health and safety was like something from the dark ages, or words to that effect. Sorry I can't be more specific but will have a dig around in some of my old papers.
Canopener  
#3 Posted : 09 September 2010 13:37:26(UTC)
Rank: Super forum user
Canopener

just found this on http://www.derbygripe.co.uk/sainsbry.htm - it may help with a search on HSE database maybe HEALTH & SAFETY In 1998 an inquest jury found that Maurice Disney, a forklift truck driver for Sainsbury's, had been unlawfully killed in an accident at work. A safety switch on his forklift had been disconnected and it went out of control and crushed him. An independent engineer told the inquest that the accident would never have happened if the truck had been properly maintained. Sainsbury's admitted the safety breaches and were fined £425,000.
Canopener  
#4 Posted : 09 September 2010 13:48:44(UTC)
Rank: Super forum user
Canopener

Sorry, 3 posts on the trot! Found the old clipping in my file. I can scan and send on if you like, but briefly It was Sainsburys Maintenance engineer killed Safety switch deliberately disconnected - as were the same switches of half of the fleet Work system encouraged staff to work as quickly as possible as they were on 'task and finish' or got a higher rate of pay thereafter Winchester Crown Court Mr Justice Kay "The story that has been reveled to us is a picture of working procedures that date back to the dark ages of work safety" Hope that helps - sorry to overwhelm you
Canopener  
#5 Posted : 09 September 2010 14:04:53(UTC)
Rank: Super forum user
Canopener

Right, right, right, sorry everyone, I just noticed that the specific query was about the competence of the safety advisor. The clipping I have says simply that there was "..no competent safety advisor appointed". Whether that means that the was NO safety advisor appointed, or that there was one appointed but that he/she was not competent isn't clear, but I suspect the former. Sorry again. Right, I'll shut up (yes I know - thank God!) Beam me up!!!!
Steve e ashton  
#6 Posted : 09 September 2010 15:04:00(UTC)
Rank: Super forum user
Steve e ashton

You're not thinking of the Fatty Arbuckle case by any chance are you Nick? Electrocution, individual H&S guy prosecuted...? Steve
jay  
#7 Posted : 09 September 2010 15:17:00(UTC)
Rank: Super forum user
jay

It was the Basingstoke & Deane Borough Council v J Sainsbury plc case (1998), Sainsbury was fined £425k and £75k costs when a warehouse operative was killed by a reach truck in December 1996. The truck’s safety cut out switch had been deliberately disconnected. The charges included failing to appoint competent person under 7(1) of MHSWR. The person appointed as H&S adviser at the depot was a general nurse with a general certificate from NEBOSH, an insufficient qualification to undertake this role unassisted. At company level there was a safety advisor but his role did not extend to advising on the operational hazards associated with reach trucks at the depot. Source:- Benchmarking the competent person in manufacturing and engineering sectors- HSE Research Report http://www.hse.gov.uk/research/rrpdf/rr121.pdf
Nick Cornwell-Smith  
#8 Posted : 13 September 2010 15:16:39(UTC)
Rank: New forum user
Nick Cornwell-Smith

Thanks everyone for their comments. I now have the information that I was looking for. Regards Nick
G.Wynne  
#9 Posted : 26 March 2018 15:36:14(UTC)
Rank: New forum user
G.Wynne

Hi folks, 

Found this old thread when looking for information on a Sainsburys fork lift truck incident. However I'm looking for details of a more recent case whereby the override switch was routinely activated by users - my colleague tells me this was 2015 - does anyone have any information on this?

Many thanks, Gemma

Edited by user 27 March 2018 07:58:19(UTC)  | Reason: typo

Hsquared14  
#10 Posted : 28 March 2018 12:34:44(UTC)
Rank: Super forum user
Hsquared14

As I remember it the court found that the Occupational Health Nurse who had a NEBOSH Certificate was not sufficiently qualified or competent to understand the complexities of fork truck safety and did not know or understand the circumstances in which the vehicles could become unstable.  This of course throws into question all those companies who employ someone in a safety role with entry level qualifications

Roundtuit  
#11 Posted : 28 March 2018 12:59:55(UTC)
Rank: Super forum user
Roundtuit

Originally Posted by: Hsquared14 Go to Quoted Post

This of course throws into question all those companies who employ someone in a safety role with entry level qualifications

Everyone starts somewhere - even some of the "most qualified" can still fail to demonstrate even rudimentary competence on occassion. 

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