A company has been prosecuted after a light goods vehicle (LGV) driver was killed while attempting to move a scissor lift.

Lee Benham died on while working at Nationwide Platform’s workshop in Liskeard, Cornwall, on November 4, 2021.

The 45-year-old, who was from south-east London but lived in Liskeard, was working for Nationwide as an LGV driver when the incident occurred.

He was operating a scissor lift from the ground to clear an access path so he could move pieces of machinery out of the workshop and load it on to his lorry in the yard.

The moveable controls on the scissor lift were in a position meaning that their direction was inverted, and when Lee operated the machinery, it came towards him and crushed him against a static scissor lift.

A Health and Safety Executive (HSE) investigation into the incident found Nationwide Platforms failed to sufficiently consider the dangers of operating machinery via moveable controls, and failed to provide appropriate monitoring and supervision during the morning when drivers were loading machinery onto their lorries.

There were 29 fatalities in 2022/23 caused by contact with moving vehicles or machinery. HSE guidance can be found at Equipment and machinery – HSE. 

The driver’s wife, Kelly Benham (pictured with her husband above), said: “Lee was my soulmate, my best friend, my rock. Now I have nothing apart from my girls.

“There are no words that can describe when you have had your heart ripped out. Our lives are in pieces, and it is just the three of us now.”

Nationwide Platforms, of Central Park, Lutterworth, Leicestershire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

The company was fined £900,000 and ordered to pay £12,405 in costs at Plymouth Magistrates’ Court on December 21, 2023.

HSE inspector Simon Jones said: “This was a tragic incident and a stark reminder to businesses to be thorough in their risk assessment. The situation which led to Lee’s death would not have arisen had appropriate control measures been in place.”

This HSE prosecution was brought by HSE enforcement lawyer Jonathan Bambro and supported by HSE paralegal officer Helen Jacob.

The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety.