Director prosecuted after allowing an unsafe telehandler to be used

Zarif Mohammed, a director of a waste transfer company, was prosecuted and given a suspended sentence after knowingly exposing employees to serious unsafe working conditions. He was also banned from being a company director.

The circumstances were:

• Zarif Mohammed aleady had a conviction for transport-related health and safety offences following a fatal incident in 2013.
• There was also enforcement action in 2017 for using a poorly maintained and damaged telehandler.
• In November 2018, Mohammed allowed the continued use of the same seriously damaged machine on the waste transfer site in Kensulate Park, Blackburn.
• The telehandler was being used without working reversing lights, a camera or mirrors.
• These presented a serious risk of people being struck and seriously injured as the driver would not be able to see adequately when reversing the vehicle.
• Mr. Mohammed was sentenced to six months imprisonment suspended for 18 months, and 190 hours of unpaid work with a further six rehabilitation days. 
• He was also struck off from working as a company director for 5 years.

The HSE inspector said
“Mr Mohammed had been previously convicted by HSE following a fatality at a previous company of which he was a director and then was served additional enforcement by HSE on a visit to a new company of which he was a director. Despite this, Mr Mohammed allowed serious unsafe conditions to prevail, presenting a high risk of persons being killed or seriously injured. Workplace transport incidents remain a major cause of fatal and serious injuries in the waste and recycling industry. It is important that vehicles are maintained in a safe condition.”