Smith & Nephew fined after driver is seriously hurt

Smith & Nephew Medical has been fined £230,000 after a delivery driver suffered life-changing injuries when a 1.2-tonne crate fell from a forklift truck.

The company was found guilty on 12 September of failing to ensure the health and safety of a non-employee.

The driver, who was delivering an electron microscope for Nippon Express, was seriously injured, according to the Health and Safety Executive (HSE).

A Smith & Nephew spokesperson said the Hull-based company had "fully reviewed" its offloading processes and had worked with the HSE to adopt best practices at all its sites.

The incident happened after Smith & Nephew had taken responsibility for unloading the equipment due to Covid-19 restrictions in order to reduce the number of people on site, an HSE spokesperson said.

An investigation found the unloading operation had not been properly planned or supervised.

It also found the driver had been positioned unsafely and the load had not been lifted safely, resulting in the crate falling from the forklift and landing on him.

There had also been no assessment of the suitability of the company's two-tonne forklift truck in relation to the characteristics of the load, the HSE spokesperson said.

As well as the fine,Smith & Nephew was ordered to pay £111,000 in costs during a sentencing hearing at Hull Crown Court on Monday.

Speaking after the case, HSE inspector David Stewart said: "The company should have had clear procedures in place setting out how deliveries were to be managed and what safety measures were required for third parties attending site.

"These requirements did not change just because normal delivery arrangements at Smith & Nephew had changed, due to restrictions on third-party access during the Covid-19 pandemic."

Stewart said the case should also "serve as a reminder" to the wider industry of the need to properly plan and supervise unloading operations, particularly when non-standard loads were involved.

A Smith & Nephew spokesperson said: "The safety of our employees and visitors to our sites has always been a priority for Smith & Nephew."

They added: "We wish [the victim] the very best as he continues his recovery."

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