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Paper mill prosecuted after operations manager dies in unguarded machinery (20 August 2015)

Date: 20/08/2015
Duncan Lewis, Legal News Solicitors, Paper mill prosecuted after operations manager dies in unguarded machinery

The Health and Safety Executive (HSE) has successfully prosecuted a paper mill, after a worker died after becoming trapped in unguarded machinery.

On 24 September 2011, John Stoddart, 42, from Cullompton in Devon was attempting to smooth out felt on a conveyor belt at the Higher Kings Mill in the town, when he was pulled into the machinery and suffered fatal injuries.

The HSE investigated the incident and found that Mr Stoddart’s employer DS Smith Paper Ltd had failed to place any guard around the belt – and did not have a suitable risk assessment for work which needed to be carried out to find the cause of creases, or for working on the gantry.

Mr Stoddart – who was the company’s operations manager – had been trying to identify a problem causing creases in large rolls of industrial paper, which the mill produced.

Following the practice of some other workers in the factory when similar events occurred, he had climbed onto a work platform to check if the creases were caused by problems on a large, moving felt belt – used to squeeze water out of the pulp mixture.

There were no witnesses who saw what happened to Mr Stoddart, but HSE inspectors concluded that it is likely he was dragged onto the felt belt, which then ripped, causing him to fall into the machinery below, resulting in fatal crush injuries.

Mr Stoddart was taken by ambulance to the Royal Devon and Exeter Hospital, where he was pronounced dead.

At Exeter Crown Court, DS Smith Paper Ltd – of Euston Road, London –
pleaded guilty to one breach of the Provision and Use of Work Equipment Regulations 1998.

Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 states:

Every employer shall ensure that measures are taken…which are effective to prevent access to any dangerous part of machinery or to any rotating stock-bar, or to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone.

The company was fined a total of £400,000 and ordered to pay £34,761.67 in costs.

Speaking after the hearing, HSE Inspector Simon Jones said:

“DS Smith’s failure to guard a dangerous piece of moving machinery tragically cost Mr Stoddart his life – and has left his family without a husband, father and brother.

“Potentially dangerous machinery should always be guarded and turned-off when workers need access to repair faults.

“A proper risk assessment would have highlighted these dangers and established safe practices for staff, instead of putting their lives at risk.”

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