Академический Документы
Профессиональный Документы
Культура Документы
The employees of JCLtd are responsible for any such unloading of vehicles and for
the transfer of any materials to points of storage on site, such as compound or
places of use.
On his second day at work, one of the new employees, a 17-year-old student,
receives leg injuries when he is struck by a forklift truck while walking across the
compound area. The forklift was being driven without authorisation by an
employee of a sub-contractor who was in a hurry to get materials to his place of
work.
The employee of the sub-contractors claims that the brakes on the truck were
ineffective. The normal driver of the forklift truck, who was taking a scheduled
break at the time of the accident, has refuted this claim and continues to drive
the truck.
The injury was properly notified to the Health & Safety Executive (HSE) under the
Reporting of Injuries, Diseases and Dangerous Occurrence Regulations 1995.
Two weeks later, the employees who had previously retired telephones the site
manager to inform him that he has sustained an injury to his back while
unloading bagged materials from a lorry.
1. The HSE safety inspector is due to visit the site in respect of the accident
involving the forklift truck. Explain
The possible breaches of legislation that the inspector may refer to.
2. Three days before the inspectors planned visit, you have been contacted by
the site manager for advice. Prepare an action plan of any short and long terms
measures that should be taken in order to demonstrate to the inspector a
proactive response to the accident.
3. The company has received a letter from the retired employee’s solicitor
(Document 1) in respect of a civil claim for damages. Outline any defences that
may be used by JCLtd or its insurers, in disputing the claim.
Document 1
12 December 2003
Dear Sir/Madam
Negligence
Yours faithfully
Size of works and duration CDM – notify the HSE (duties on respective
parties).
Health and Safety at Work Act 1974: Sections 2 (own employees) 3 (sub-
contractors).
HSAWA Section 22: a prohibition notice is issued when the inspector holds
the opinion that the activities involve, or may involve, the risk of serious
personal injury.
Risk(s) presented.
Develop a more proactive approach to health and safety and the generation
of a health and safety culture.
Never undertook any first aid or time off work due to the complaint in
question.
Timely that this has now become apparent after the unrelated accident has
occurred pending HSE inspection.
Training record to prove that recent Manual Handling training had taken
place.