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HSE prosecutes two firms after workers die in conveyor belt (14 December 2015)

Date: 14/12/2015
Duncan Lewis, Personal Injury Solicitors, HSE prosecutes two firms after workers die in conveyor belt

The Health and Safety Executive (HSE) has prosecuted two companies, after two workers suffered fatal injuries in a machinery accident.

James Bibby, 25, and Thomas Elmer, 27, were both killed when carrying out maintenance work on a conveyor belt at the Sonae factory in Kirkby.

On 7 December 2010, Mr Elmer, an employee of Metso Paper Ltd, and Mr Bibby – a self-employed contractor for the same company – had been asked to replace part of conveyor belt at Sonae Industria (UK) Ltd’s Merseyside plant.

While carrying out the work, the conveyor belt suddenly and unexpectedly started to operate, dragging both men into the machinery and causing catastrophic fatal injuries.

An investigation by the Health and Safety Executive found multiple failings by both companies to properly assess the risks associated with the work the men were carrying out.

HSE investigators found that Sonae Industria (UK) Ltd had not properly assessed the risks associated with the work on the conveyor, or shared these risks with contractors – and did not have in place a proper process for managing contractors, or a procedure for isolating dangerous machinery. The company had also failed to train or check the competence of its workers.

Metso Ltd was taken over by Valmet Ltd in 2013. The company was prosecuted for failing to ensure that the site where Mr Elmer and Mr Bibby were working had sufficient risk assessments and processes in place.
The company had also failed to ensure its workers and contractors had adequate training for the tasks to be carried out – and had not provided them with the necessary information on the work they were being asked to perform.

At Liverpool Crown Court, Sonae Industria (UK) Ltd was fined £220,000, with costs of £107,000, after pleading guilty to breaching Section 3 of the Health and Safety at Work etc Act 1974.

Valmet Ltd was fined £190,000, with costs of £107,000, after pleading guilty to breaching Sections 2 and 3 of the Health and Safety at Work etc Act 1974.

After the hearing, HSE’s Principal Inspector Mike Sebastian said:

“James Bibby and Thomas Elmer should not have died. This is perhaps the most horrific case I have ever had to deal with and has had a devastating effect on both families.

“Carrying out straightforward risk assessments is about protecting workers from serious harm, suffering life-changing injuries, or – in this tragic case – death.

“If both companies had put in place the simple steps to protect their workers’ safety, these two young men would still be with us today.”

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