Ian Aliski, 29, from Ellesmere Port, was using the forklift at Recresco Ltd’s glass recycling plant in Manisty Wharf on April 26 2010, when the vehicle overturned, crushing him to death.
Liverpool Crown Court heard this week that Mr Aliski had been hired on a temporary four-day contract and was only a few hours into his first day when the incident occurred.
Recresco was prosecuted by the Health and Safety Executive (HSE) after an investigation found that forklift truck drivers regularly had to work in an area that was often covered in waste materials, which HSE claimed, prevented them from turning the vehicles safely.
Mr Aliski was moving glass aggregate from the production area to a storage shed when the truck he was driving became unstable on an uneven surface and overturned.
Seatbelt
The court was also told that Mr Aliski was not wearing a seatbelt and that there was no company policy in place to ensure that seatbelts were worn. HSE also claimed that the forklift trucks in operation at the plant were not suitable for operation on uneven surfaces or over loose material.
HSE added that alternative vehicles, such as four-wheel-drive, all terrain shovel loaders, could have been used and were already in use elsewhere on the site.
Following the ruling a spokesman for Recresco, said: “The company wishes to express its heartfelt sympathies to all Mr Aliskis’ family and friends. The matters which were found not to have met the required standard in early 2010 were rapidly remedied in accordance with the company’s long standing commitment to safe working.
“The court accepted that the company had a responsible attitude to health and safety and a good health and safety record.”
Since the incident the company has sought to use suitable vehicles across all of its operations on the site, and it is company policy for seatbelts to be worn at all times in vehicles.
Penalty
Recresco, which has its head office in Kirkby-in-Ashfield, Nottingham, was fined £180,000 and ordered to pay £36,693 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work Act 1974 yesterday (December 17).
Speaking after the hearing, HSE Inspector Martin Paren said: “Ian was just a few hours into his first day at work for Recresco Ltd when this tragic incident occurred.
“Our investigation revealed a series of failures at the plant, with forklift trucks being used in an area that was completely unsuitable because of the uneven surface created by waste material scattered around the floor. There was also no policy in place for the use of seatbelts.
“Sadly it was entirely foreseeable that someone was at risk of being badly injured or killed. If the company had taken some simple measures to reduce the risks, such as using the all-terrain vehicles in use elsewhere on the site, then Ian’s tragic death could have been avoided.”
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