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 2009-07-10 Simpsons Malt Ltd fined for forklift accident ( by Brian Daniel)

A NORTHUMBERLAND malting company was yesterday ordered to pay out almost £16,000 after an accident in which a worker suffered serious leg injuries.

Simpsons Malt Limited, of Berwick, appeared before town magistrates in relation to an incident in which John Weatherburn fell 13 foot from a pallet being hoisted by a forklift truck.

Mr Weatherburn, of Berwick, broke his leg and ankle in the accident in October 2007.

He is still receiving regular hospital treatment and has yet to return to work.

The company, based on the Tweedside Trading Estate, yesterday pleaded guilty to one charge of contravening health and safety regulations.

It was fined £10,000, ordered to pay costs of £5,883.75 and a £15 surcharge.

The court heard Health and Safety Executive inspector Richard Bulmer outline how on October 6, Weatherburn was at work shortly before the plant closed for the day.

A roller shutter door had jammed open and so Mr Weatherburn and a colleague placed a wooden pallet on the forks of a forklift truck so they could lift the former to a height where he could release it from a standing position.

But as Mr Weatherburn released the door, it flipped back at him and he lost his balance, fell off the pallet and to the ground 13 feet below.

Mr Weatherburn, who had been at the firm two years, broke his leg and ankle.

Since then, he has been to hospital on a regular basis with infections and there were fears at one point that his leg may have to be amputated.

The court heard Mr Weatherburn had returned to work briefly to perform lesser tasks but had been unable to manage.

Mr Bulmer said: “The incident has been life-changing and very difficult for Mr Weatherburn and his family to cope with.

“Mr Weatherburn also has the psychological burden of incapacity for many months and frustration at being unable to live a normal life.”

The court heard the door Mr Weatherburn had used the forklift to repair had been damaged ten years ago.

The company had costed replacing it but this did not happen until after Mr Weatherburn’s accident.

Three years ago, a notice was placed on the door telling workers not to leave it while it is closing although this advice had been ignored when the accident took place.

Simpsons had man lifting cages for workers to use to release the door – for which they were trained – although at the time of the accident staff thought they were off site.

Mr Bulmer said workers regularly used the forklift to release the door although this was not official practice.

Defending, Simon Antrobus told the court that the family company, established in 1971 and with 150 staff, “regretted the effect of this accident to a valued employee”.

He said Simpsons’ directors now carry out regular walkabouts at the site to monitor safety issues, with one employee doing this on a weekly basis.

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