A CONFECTIONERY company has been fined for health and safety failings that led to an employee being injured.
Lees of Scotland Limited, who make teacakes, snowballs and meringues, pleaded guilty to a charge under health and safety legislation at Airdrie Sheriff Court on Tuesday, December 13 after misuse of a forklift truck led to the injury.
The company was fined £5000 as a result.
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The court heard on June 4, 2019, at the company's site in Coatbridge, a delivery of two heavy wooden crates was made to the yard.
The first contained a 1.680 tonnes piece of machinery while the second had a 1.932 tonnes piece of machinery.
When the forklift driver attempted to remove the first crate from the lorry the back end of the forklift, which had a maximum lifting capacity of 1.6 tonnes, came off the ground.
The manager and one of the company's directors then told several members of staff to climb on the back of the forklift to balance it out and the driver was able to bring the first crate to the ground.
When the driver began to move the second crate, he struggled to lift it out of the HGV trailer.
The crate struck a vertical support bar on the trailer's side leaving it uneven on the forks and the forklift truck again became overbalanced, and the employees were directed to get on the back of the forklift.
As the driver reversed, however, the crate slipped from the forks and the rear of the forklift fell to the ground.
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Most of the people on the back of the vehicle managed to jump to safety but one employee was thrown to the ground.
He broke his arm and cut open his head and had to be taken to hospital by ambulance.
An investigation by the health and safety executive found the accident had been caused by a lack of sufficient planning and the company failed to complete a risk assessment relating to the delivery of the crates which were heavier than the usual deliveries of ingredients for products.
The director involved in the incident is no longer employed in any capacity by Lees of Scotland Limited.
Debbie Carroll, assistant Procurator Fiscal and head of the Health and Safety Investigation Unit, said: "This accident could have been avoided if appropriate planning had been carried out prior to this incident.
"By failing to do so Lees of Scotland Limited exposed their employees to unacceptable risks.
"This prosecution should remind other employers that failing to keep their employees safe can have serious consequences and they will be held accountable for this failure."
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