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Steel Fabrication Company Fined by Health & Safety Executive

A large North Yorkshire based steel fabrication company has been prosecuted after a forklift truck operator was killed when the vehicle he was operating overturned. The safety breaches that the firm pleaded guilty however, was not the main cause of the accident.


On 13 March 2013, Kelvin McGibbon was reversing a forklift truck when the vehicle came into contact with a set of steps, causing it to flip upside down. The 27 year old worker was not wearing his seatbelt and the crush injuries he sustained in the incident were fatal.

HSE Investigation

Following an investigation by the Health and Safety Executive (HSE), it was found that Severfield (UK) Limited did not manage forklift truck driving operations adequately. It was found that the steel firm did not control the speed at which operators drove their forklift trucks, the company also failed to enforce the wearing of seatbelts.


After pleading guilty to a non-causative breach of Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999, Severfield (UK) Limited, of Severs House, Dalton Airfield Industrial Estate, Dalton, Thirsk, North Yorkshire was fined a total of £135,000. The company was also ordered to pay costs of £46,020.

David Welsh, HSE inspector, said after the hearing:

“A company has a legal duty for the health and safety of people working on its site, whether they are employees or not. They are required to assess risks, eliminate them where possible and enforce proper control measures, such as seat belt wear, by checking that safe driving practices are being followed to deal with the risks that remain.

“Sadly, in this case, the prosecution shows that the company’s management of FLT driving operations and risk control measures failed which exposed employees to danger.”

Injury at Work – Expert Advice

If you have been injured in the workplace you could be entitled to personal injury compensation. Remember, we offer you a FREE no-obligation consultation – discover today whether you have a claim. Speak to one of our professional and friendly advisers today on 0800 888 6 888 or email

Source: Health & Safety Executive

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