Dudley firm ordered to pay £1k after losing appeal (From Dudley News)

Dudley firm ordered to pay £1k after losing appeal

10:45am Monday 23rd November 2009

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A DUDLEY firm hit hard in the pocket, after one of its workers reversed a forklift truck over the leg of a colleague, has now got to come up with another £1,000 to pay legal costs after losing their appeal against sentence.

Judge John Warner, throwing out the appeal by Ashton Plant Hire in Burton Road, said it was a serious accident that could have resulted in much worse consequences.

The firm admitted three health and safety breaches and were fined £6,500 by Dudley Magistrates and ordered to pay £5,880 costs.

But they claimed the penalties were too high and they took their case to Wolverhampton Crown Court only for Judge Warner to rule, "We are satisfied the magistrates findings were correct and the fines were proportionate."

The court was told Peter Lane was hurt in 2005 when a truck carrying steel beams ran into him as he was working on the firm's Dormston Trading Estate site.

Richard Dewsberry prosecuting said the firm, which makes safety barriers, had failed to install barriers at its own premises to separate pedestrian areas from lanes used by trucks.

The company's response had been to blame the driver of the truck - a man who had worked for them for 16 years - and to ignore advice from Dudley Council which carried out an investigation into the accident.

The firm had been convicted of failing to ensure the safety of employees, failing to ensure vehicles and pedestrians could circulate safety on the premises and failing to make a suitable risk assessment.

Jonathan Salmon defending the company, who have to pay a further £1,000 for the cost of their unsuccessful appeal, stressed all problems had since been put right by safety experts.

The judge, rejecting the appeal, was also critical of the local authority for the long delay in finally bringing the case before Magistrates.

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