The BFFF remind its members of the importance of risk assessment in stacking pallets, separating people from workplace transport and ensuring racking is in good order. The below serves as a clear reminder of the importance of adhering to commercial health and safety protocols, as well as the consequences for those who do not.

A UK food wholesaler with 12 sites across England, was fined £776,286 following multiple injuries suffered by an employee at one of its depots. The company had failed to meet their basic legal obligations and as a result, one of their employees has suffered significant injuries

The company pleaded guilty to four offences under health and safety laws at the local Magistrates Court and was ordered to pay a total of £776,286.30. This includes a fine of £760,000 and £16,286.30 prosecution costs.

The case followed an incident in April 2022, in which an employee was buried under a pallet of frozen chips that fell on him as he walked into the freezer, leaving him with multiple serious injuries.

An investigation by the enforcement team identified that the RIDDOR report submitted by the company was inaccurate.

The initial report alleged that a 28-year-old employee had only suffered a broken ankle, however it was later discovered that the full extent of the injuries sustained was much more severe.

The employee suffered multiple injuries which required intensive care and underwent a total of three operations. It would then take a further three months before the employee could return home with the help of a support worker.

The investigation showed that on the morning of 15 April 2022, space was restricted in the freezer warehouse, leading to two pallets of frozen food being stacked on top of each other. When the employee walked into the freezer the top pallet fell onto him.

Further investigation showed that the way in which goods were stacked had not been assessed and a Prohibition Notice was issued to prevent this from happening again.

Following a health and safety inspection of the site, four Improvement Notices were also served due to:

• The lack of suitable and sufficient risk assessments for stacking of goods.
• The lack of separation of pedestrians and vehicles for both employees and visitors to the site.
• Failing to ensure that racking was maintained in an efficient state, in efficient working order, and in good repair.

For assured industry guidance or specific OSH queries, we are here to help and support our members,  please contact simonbrentnall@bfff.co.uk for further information.