Directors of Cricklewood company fined for breaching health and safety regulations

Robert Gilbert and Christopher Sale were directors at Tile Depot Trading Limited in Cricklewood Broadway Retail Park when the incident occurred on June 19, 2008.

Anthony Phillips was employed as a sales assistant and attempted to operate the fork lift truck despite having no training and not holding a license.

He lost control of the vehicle which reversed and crushed Mitesh Patel’s leg against a wall.

Mr Patel, who was employed by the company to advise customers on the shop floor and to stock the warehouse, had his right leg amputated from below the knee following the incident.

He also drove the machine that day despite having no training.

Wood Green Crown Court heard how a man was employed to take care of health and safety but he left the company towards the end of 2007 and was not replaced by the time of the incident.

At this time the company was expanding and His Honour Judge Patrick said: “the eye was on growth and the eye was not on health and safety.”

He said there was an absence of risk assessments and the store was left untidy with tiles and wood strewn across the warehouse.

HH Judge Patrick also brought attention to the fact the keys were left in the fork lift truck and two employees were therefore able to mount the machine and use it.

Addressing Gilbert and Sale he said they had failed “to ensure that health and safety was taken as serious in your company as it should have been.”

However, he said he took on board it was not a “blatant disregard” and acknowledged the company has since made positive amendments to its regulations.

Gilbert and Sale had both pleaded guilty to two charges of contravening health and safety regulations.

Gilbert was fined £12,000 with costs of £7,500 making a total of £19,500 to be paid within three years.

Sale, 45, from Milton Keynes was fined £5,000 with costs of £4,000 making a total of £9,000 to be paid within three years.