When your employees are handed the keys to a forklift truck, you have to put a certain amount of trust in them to follow their training. What happens though if they choose to ignore their training and written or verbal instructions? If there’s an accident as a result, will you, as their employer, be held accountable?

A prosecution, which followed an accident involving a forklift truck, suggests that you won’t. In this case, the Health & Safety Executive found that the employer had done what could be reasonably expected of them, however, the employee had not. Gerald Wyatt, who was employed by Eardisley Sawmills, was prosecuted by the HSE after a colleague suffered serious injuries on January 17 2007. Gerald Wyatt pleaded guilty to the offence of failing to take reasonable care of the health and safety of others, as required by section 7 of the Health and Safety at Work etc. Act 1974. Gerald Wyatt was personally fined £1,750. No action was taken against Eardisley Sawmills.

The accident. Gerald Wyatt was driving the Forklift truck whilst carrying twelve modular sheds; as he moved forward, these sheds obscured his vision. Gerald Wyatt didn’t see his colleague and the load struck him. The impact caused a fractured pelvis, cuts and bruises.

The investigating HSE inspector said: “It is vital that individuals are aware that they, as well as their employer, have duties under the law to take reasonable care of the health and safety of others who may be affected by their acts or omissions at work.”

What can employers do? Making it clear to employees that they could be personally prosecuted if they act in an unsafe manner can improve compliance in the workplace. Many will be ignorant to the fact that they too could end up in court and face fines. Short safety briefings on the subject should be sufficient to communicate their responsibilities. Signed records of such briefings should be kept along with other training records.