'Across the board' failings cost firm [pounds sterling]113k: the death of a forklift truck driver at a Melton Mowbray firm's yard would have been prevented had a risk assessment been carried out before building work started on the site.(In Court)(Elsome Engineering)

Leicester Crown Court, sitting on 19 March, heard that Kenneth Chalk, employed by Melton Mowbray-based Elsome Engineering, was crushed to death by his own truck as he was moving steel girders from the firm's yard to its workshop in February 2003.

The company and its director, Timothy Elsome, had both pleaded guilty at a magistrates' hearing in February to the same three charges:

* s2(1) of the HSWA 1974--failure to ensure the safety of employees by not making them aware of excavations that were going on at the company's premises and not supervising drivers with respect to the use of seatbelts;

* reg.12(1) of the Workplace (Health & Safety Welfare Regulations) 1992--failure to ensure the suitability for its purpose of the surface of a traffic route; and

* reg.3(1)(a) of the Management of Health & Safety at Work Regulations 1999--failure to carry out a suitable risk assessment.

The company was fined [pounds sterling]75,000 on the first charge and [pounds sterling]12,500 for each of the other two breaches. It was ordered to pay full costs of [pounds sterling]12,982. Elsome was fined [pounds sterling]6000 on the first count and [pounds sterling]2000 for each of the other two charges. Costs of [pounds sterling]3000 were awarded against him.

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