Garden Space is a large, independently-owned garden centre in a rural location, open to the public seven days a week. It has three sections:

• the indoor section selling homeware, houseplants, and furniture;

• the outdoor section selling plants, gardening equipment, and outdoor furniture;

• the warehouse, where incoming and outgoing stock from both sections are kept. Customer access to the warehouse is prohibited.

Each section has a team leader, full-time workers, part-time workers, and a manager who reports directly to the owner of Garden Space. Working hours are between 06:00 – 19:00, and the store is open to the public between 08:00 – 17:00.

Recently, the outdoor team leader (OTL) retired. Several outdoor workers applied for the role. A worker who has been employed for 12 months was successfully promoted to the OTL position. One of the outdoor workers (worker X) has been employed at Garden Space for over 10 years. When the new OTL was announced, worker X said to another worker that they have no respect for the OTL and would not be taking instructions from someone who was so new to the organisation.

At a recent bi-monthly all-worker meeting, the owner of Garden Space proudly informs everyone that the accident book shows there has not been a serious accident at the garden centre in over four years. However, they tell all workers to “continue being mindful regarding health and safety.

Especially now that it is almost summer, and outdoor plants are being watered more often”. The owner then goes on to say “please be careful and use slip warning signs where necessary.” At the end of the meeting, the owner welcomes any further discussion and questions from workers.

Electric pallet truck training

Electric pallet trucks (EPTs) are used in the warehouse for moving heavy stock. The outdoor manager (OM) has recently had feedback from their own section workers, who say that it is hardwork using manual pallet trucks to move heavy products. In response, the OM has purchased two

EPTs for use in the outdoor section to replace the manual pallet trucks. There is a new designated

EPT storage area outside, with clear signage saying ‘trained workers only’.

The OM knows that some of the warehouse workers have experience of working with EPTs. They therefore ask the OTL to request that a warehouse worker trains some of the outdoor workers. They tell the OTL who will need to attend, and this includes worker X as well as the OTL themselves. The OM says that the training needs to be completed before the new summer plants are delivered.

The training session is organised for the following day. The completed session includes training on the existing warehouse safe system of work (SSOW) for using EPTs, what to do in an emergency, and a practical demonstration by the trained warehouse worker.

Each new EPT-trained worker is also provided with the existing warehouse written procedure for EPT use, which includes the following instructions and information:

• Check the machine is in good order prior to use.

• Users to wear steel toe cap boots provided by employer.

• Importance of adhering to load limits.

• Plan and clear the route to be taken.

• Avoid slopes.

• Pull, do not push.

• How to stop the machine and apply brakes.

• Store safely.

The procedure was explained during the training, and the warehouse worker discussed with the

outdoor workers how the procedure and SSOW could be adapted for outdoor use. The OTL also told

the workers that, where possible, they should only use the EPTs during quieter working hours when

there are fewer customers in the outdoor section.

The accident

Two weeks later, a delivery of large potted trees was due to arrive at 07:00. The delivery was

delayed and arrived at 11:00. Once the delivery was processed by the warehouse, the OTL was

notified that the new products were ready for the outdoor section to collect. As it was now peak

operating hours at Garden Space, the OTL instructed three EPT trained workers to put the new

products on display after 17:00.

After the OTL walked away, worker X sarcastically said to the other workers, “that is a waste of time”

and “we always put new trees out straight away”. Worker X took one of the EPTs from the storage

area and went straight to the warehouse to load up all the new products. They pushed the EPT from

the warehouse to the outdoor section. The main pathway was obstructed by customers with trolleys.

Frustrated, worker X decided to navigate the EPT down a narrower path between two long raised

planter beds. As they came to the end of the planter beds, worker X did not see a customer walking

past. The front wheels of the EPT ran over the customer’s foot, crushing it. The customer screamed,

which panicked worker X, who forgot to apply the brake. The EPT continued moving forwards rolling

over the customer’s foot again. The EPT then crashed into a wall at the end of the path.

The customer’s screaming alerted nearby workers who rushed to assist. The first-aider on duty

carried out emergency first aid. When the OTL arrived at the scene, they called the emergency

services and notified the OM, effectively following the emergency procedure. The first-aider stayed

with the injured customer until they were taken in an ambulance to the nearby hospital.

When the OM arrived at the scene, they instructed workers to cordon off the site of the accident and

for the OTL to take worker X (who appeared to be in shock) to the garden centre office. The OM

noted that there was one customer who witnessed the accident. The OM asked if the witness could

remain at the garden centre to give a witness statement. The OM also asked the customer if they

could record their conversation, and the customer confirmed that they had no objection to this. The

OM instructed workers to calmly direct the remaining customers out of the outdoor section, before

closing it for the rest of the day.

After speaking to the witness, the OM talked to worker X in the garden centre office to calm them

down. They asked worker X if they could record the interview and could worker X describe what

happened. Worker X confirmed that they had no objection to the interview being recorded.

After sending worker X home, the OM returned to the scene of the accident. They recorded their

observations on their mobile phone and took some photographs of the scene. The OM gathered the

remaining outdoor workers to inform them what had happened, before sending them home for the

rest of the day.

Worker X was unable to return to work for a week, as a result of the accident.

Task 1: The legal reasons for health and safety management
1 What are the legal reasons for managing health and safety at Garden Space?