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A Barking-based vehicle recovery business has been fined for using a forklift truck after being served with a Prohibition Notice preventing its use.

The Health and Safety Executive (HSE) prosecuted John Lang, sole trader of J Lang 24HR Recovery, over the illegal use of the forklift truck, which took place at 3.20pm on Wednesday 19 January 2011.

City of London Magistrates' Court heard that HSE inspectors witnessed Mr Lang driving the forklift truck. The notice had been served at 10.45am on 19 January because the lifting equipment had not been thoroughly examined by a competent person.

Speaking after the hearing, HSE Inspector Gavin Pugh said:

"Prohibition Notices are issued when HSE inspectors consider there to be a risk of serious personal injury arising from any work activity. The breach of a Prohibition Notice is one of the most serious matters in health and safety law."

John Lang of Barking Industrial Park, Alfreds Way, Barking, Essex, pleaded guilty to an offence under 33(1)(g) the of the Health and Safety at Work etc. Act 1974. He was fined £500 and ordered to pay costs of £1,500.

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to prevent death, injury and ill health. It does so through research, information and advice, promoting training, new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk¹
2. Offence 33(1)(g) of the Health and Safety at Work etc. Act 1974 states: "It is an offence for a person to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal)."
3. The Prohibition Notice was issued under section 22 of the Health and Safety at Work etc. Act 1974, which states: "Where an activity involves, or will involve, a risk of serious personal injury, health and safety inspectors may serve a prohibition notice prohibiting the activity immediately or after a specified time period, and not allowing it to be resumed until remedial action has been taken. The notice will explain why the action is necessary."
4. Information on HSE enforcement can be found at: http://www.hse.gov.uk/enforce/examples.htm

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