HSE investigation and legal action
Following the forklift truck accident, the Health and Safety Executive (HSE) conducted a detailed investigation into the working practices at Qube Containers Limited, which operates from Ipswich Docks.
The investigation revealed a complete lack of effective risk management for tasks involving both forklift operations and manual handling. In particular, the company had introduced an unsafe system of work for waste disposal — where employees were expected to assist the forklift driver directly, with no formal assessment of how the task could be completed safely.
The HSE identified several serious failings, including:
- Failure to provide safe and suitable equipment: The bins used were not designed for forklift transport or for standing passengers, yet workers routinely stood on pallets balanced on forklift forks to move materials — an inherently unsafe practice.
- Lack of a documented risk assessment: No written or reviewed risk assessment existed for the process of transferring waste materials. As a result, potential hazards such as entanglement, falls from height, and crush injuries were never formally identified or mitigated.
- Unsafe interaction between vehicles and pedestrians: Employees were permitted to work in the immediate vicinity of moving forklift trucks, with no physical barriers, exclusion zones, or pedestrian walkways to separate them from vehicles.
- Poor supervision and safety culture: The company had not implemented clear safety instructions, nor were employees adequately trained to recognise and avoid high-risk behaviours such as standing on pallets.
These systemic weaknesses amounted to a breach of Section 2(1) of the Health and Safety at Work etc. Act 1974, which places a duty on every employer to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees.
At Norwich Magistrates’ Court on 12 September 2025, Qube Containers Limited pleaded guilty to the charge. The Court accepted that while the company had cooperated with the HSE and expressed remorse, the failings were serious and entirely preventable.
The business was fined £30,000 and ordered to pay £3,752 in prosecution costs, reflecting both the severity of the injuries sustained and the avoidable nature of the incident.
The case serves as a strong reminder that employers must not rely on informal practices or worker familiarity when handling routine operations. Every process involving forklifts, lifting, or pedestrian interaction must be properly planned, risk-assessed, and controlled in line with HSE Approved Codes of Practice.
