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Sun June 13 2021

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Contractor fined for using shoddy old plant

23 Apr 13 Essex-based Aveley Construction must pay out more than £6,000 in fines and costs for neglecting to maintain properly a piece of lifting equipment.

Basildon Magistrates’ Court heard on Friday (19 April) that the contractor used a forklift truck a lot at its South Ockendon premises without any kind of thorough examination for at least 12 months.

It was used continuously to move heavy steel fabrications but, despite showing obvious signs of disrepair, it was given no maintenance.

Magistrates were told that an investigation by the Health & Safety Executive (HSE) carried out on 23 June 2011 found that when the truck was eventually examined only six items out of 24 that formed the basis of the report were marked "satisfactory". The remaining 18 items were classed as "repair needed".

Defects included worn out tyres, flashing beacons and lamps not working and a loose counterweight.

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Aveley Construction Ltd, of Aveley Industrial Estate, Arcany Road, South Ockendon, was fined a total of £3,000 and ordered to pay £3,238 in costs after admitting single breaches of the Lifting Operations & Lifting Equipment Regulations 1998 and Provision & Use of Work Equipment Regulations 1998.

After the hearing, HSE inspector Keith Waller said: "The company’s forklift truck had a number of serious defects which put the driver and those in the vicinity of the truck at risk of being seriously injured or even killed.

"All machinery must be maintained regularly to ensure it is safe to work with and be near. It is not enough to rely on reactive maintenance and only fix things when they go wrong; companies should be looking for signs of wear and tear before any deterioration leads to an incident.

"HSE will not hesitate to prosecute when companies neglect their equipment and put workers and others at risk."

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