Guilty of negligence after worker crushed by forklift
22-year-old scaffolding firm employee David Westwater was driving a fork lift truck down a sloped path between the factory and the yard when the forklift he was been driving toppled over and landed on him, killing him instantly.
BD Pinkney and Company failed to provide and maintain a safe system of work and did not ensure that only trained employees operated fork lift trucks.
The incident happened on August 28, 2012. Mr Westwater’s brother Callum, 18, who worked alongside him, held him as he passed away.
Airdrie Sheriff Court heard the firm’s managing director Basil Pinkney plead guilty to gross breaches of the Health and Safety at Work Act.
The company failed to provide instruction, training and supervision to certain employees, in relation to the requirement for restraint belts to be worn and in relation to the hazard created by the carrying out of sharp turning manoeuvres when operating fork lift trucks to ensure their health and safety at work.
Mr Westwater was not wearing a restraining belt and performed a sharp turning manoeuvre when the fatal accident happened.
