Failure To Comply And Ignoring Notices Leads To Jail Time

What happened?

A report from a forklift examiner in November 2018, which unearthed a Category A defect on a forklift. Prompting a visit from the Health and Safety Executive (HSE) and resulted in Tahir Karim being sent to jail due to failure to comply to notices.

The failings at Long Life Spares in Caerphilly, south Wales, included forklift trucks with defective brake mechanisms and broken mast chains [part of the lifting mechanism], investigating inspector Sian Donne told IOSH magazine. ‘Access under a bridge structure was at risk of collapse on foot and in vehicles [pictured below], and access to the premises was directly beneath a structurally unsafe retaining wall,’ she added.

HSE served 15 enforcement notices at the premises between 2016-18.

Court Findings

Investigators found that Karim had failed to comply with all of the prohibition notices served. He was aware of the risks and directed workers to act in a way that contravened the prohibitions and risked their own safety, Newport Crown Court was told.

The judge concluded that culpability was very high; the defendant flagrantly disregarded the law and put employees and members of the public at risk, putting cost before safety.

‘Although there was thankfully no injury, the sentencing guidelines are based on risk – the risk here being of serious personal injury or fatality,’ explained Sian. ‘Forklift trucks are among the most dangerous vehicles operated in any workplace.

‘The defendant continued to use unsafe forklift trucks despite confirming to the HSE that he had ceased use of them. He deliberately instructing employees to contravene the requirements of all prohibition notices. Showing contempt for the law and his workers, instructing employees to use the unsafe equipment or go home.’

Sentencing

The case was aggravated by the defendant cutting costs at the risk of safety and the fact breaches lasted over a period of years. History of non-compliance and absence of any remorse shown by the defendant supported the judge’s conclusion. That there was no prospect of rehabilitation in this case and that it necessitated immediate imprisonment.

Tahir Karim pleading guilty to four offences that contravened section 33 of the Health and Safety at Work Act. Being sentenced to 12 months imprisonment for the offences.

Additional reading can be found on how to present health and safety in the workplace effectively here.

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Steve Kilburn
Steve Kilburn
I initially trained as an industrial chemist working in a variety of manufacturing environments eventually moving into quality management which grew to encompass environmental and occupational health and safety management systems. I hold a Masters Degree in Health and Safety law and Environmental Law and a Post Graduate Certificate in Sustainable Waste Management and I am a Graduate Level Member of the Institution of Occupational Safety and Health (IOSH). In my spare time I enjoy reading, my favourite author is Stephen King, and listening to music, generally from the late 70’s, 80’s and 90’s.
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