Fork-Truck Accident at Work but I wasn’t Trained

[Tjudec]

Please Help With Advice

Hi there I was working as a labourer for my second job with a Fencing manufacturer. Was with the business for nearly a year all the way up to Christmas holidays. Fork-Trucks where used to move packs of wood that are used in making fence panels. A couple months at the firm I soon realised I was expected to be the sole fence panel maker as well as do a multiple other tasks. I felt the pressure but still carried on working hard.

In order to restock timber for the panels someone has to use a fork truck and move a pack out from storage, because I was now the main panel maker it became my task even though I was never asked to complete training or testing on knowledge and safety of using a fork-truck. And as far as I know no one at the business has a valid certificate.

I was not particularly inadequate in using a fork truck as everyone there used them for different tasks and where just expected too without training. I never really questioned the safety status until an incident happened a few months back involving an older employee that tipped over stillages full of concrete causing a significant damage to stock and breaking the stillages.

The employee was asked too pay for the damages out of his wages assuming the company insurance would not cover the accident due to him not having the correct training in using a fork truck.

Prior to the Christmas holidays I had my own accident with the fork truck whilst replacing a pack of wood.I pushed the pack too fast and cracked the inner wall causing top of blocks to come loose. The company has sent me a formal email for ‘monies owed’ totalling 2 grand along with a letter stating they will take it money out of my wages as it states in my contract there are allowed if damages to the property. Along with evidence and pictures of wall

I am correct in stating that in fact the manager as an individual and the company could be liable to prosecution as it is a legal requirement to provide suitable and sufficient training.?

[echat11]

Hi Tjudec

The company are breaching Health & Safety Regulations. Anyone using a 'forklift' is required to be trained in the use of one. The fact that accidents has happened at the work place should be 'red flag' for the management / directors to take action. So far they have been lucky that nobody has been hurt or worse.

I personally (me) would email back that 'I haven't received training on 'forklift' from the company as per HSE regulations / guidelines. To the best of my knowledge my colleagues haven't either, but by not providing training, the company has accepted that 'accidents' will happen, that any deductions from my salary would breach the terms of my employment contract under those circumstances.'

Just to add you could 'Whistleblow' on the company, you would be protected under those circumstances. https://www.hse.gov.uk/contact/whistleblowers.htm

https://www.hse.gov.uk/workplacetran...ift-trucks.htm

https://www.hse.gov.uk/workplacetran...rucks/faqs.htm

ULA

[Tjudec]

Hi there, thanks for the helpful post. I was under the impression the company was taking a chance as they did not give correct training and have sent them an email respectfully refusing there request for ‘monies owed’ I will have to see if we can resolve this situation without it being a legal matter but I thank you for informing me as it confirmed I have a leg to stand on worst case scenario so thanks again.

[echat11]

Let us know how you get on.

[Tjudec]

Hi there, since I last posted I had sent a lengthy email back to the employer stating that I do not think I should be held accountable for the fork-truck incident as I believe I was not given full and proper training. The company replied acknowledging that I did not receive training but will still carry with deduction of wage as they claim I was not required to use the fork-truck. However in the past I’ve used the fork truck to complete tasks (in front of company manager) without ever being asked if I received the right training or am qualified and everyone at work where asked to use the fork-trucks, It didn’t seem to matter if they had a license. I’m claiming the company forced me to drive the fork truck as they told me I was the ‘main panel maker’ and everyone had there designed task. My main task involved restocking tones of packed wood this is how the incident accrued. Am I still in the right as they claim I should have asked someone else to use the fork-truck? But best to my knowledge no one there was less or more qualified than me and where all busy with there own tasks they where given.

[echat11]

What does your job description say regarding your day to day duties?

I don't think they can say 'you should have called someone else', when for the most part of a year you had been doing what they now say 'you shouldn't have been doing'.

Has the previous accident and your accident been logged in the 'accident book'?

It seems they are happy to 'risk' your Health & Safety when it suits them.

[MIKE770]

You would of known fork lift trucks need training did you ask manager for a course???? The girl lift rules on courses has been around for decades

[MIKE770]

Fork should read

[echat11]

I think the onus is on the company to ensure they are abiding by Fork Lift training protocols i.e set by the H & S E. The first time this would have come up is during 'The Induction' normally first few days. But the fact that accidents keep happening doesn't bode well for the company.