Prosecutions

The businessman pleaded guilty to two breaches of Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998, brought under Section 37 of the Health and Safety At Work etc Act 1974.  The charges were brought by the Health and Safety Executive (HSE) related to separate incidents where two employees were severely injured. The businessman was also ordered to pay £17,500 in court costs.

The first incident occurred on August 26 2006 when employee A was cleaning near an unguarded roller on a conveyor belt. He had been instructed by the businessman to put his hand in between the belts on the conveyor and scoop out some debris that was sticking to the roller with the machine running.

When reaching into the conveyor to clean the roller, employee A’s right arm was drawn in by the belt and was crushed as it was forced around the roller. His injuries were so severe his arm had to be amputated just below the shoulder.

A second incident occurred at the premises on 3 October 2007 when employee A’s replacement at the firm, employee B, reached into the conveyor belt by the roller to clear some shredded tyre. He did this as he had seen other employees clear debris in this way. 

The guard which covered the roller was not properly fixed in place and as employee B reached in to snatch the debris out, he too had his arm pulled in by the belt and around the roller. Although employee B did not lose his arm he is still undergoing operations on his arm.

In sentencing the businessman, the judge presiding over the case said:

"It is perfectly clear to me from accidents suffered by employee A and employee B that you had a slap-dash approach to safety. These very serious matters amount to cost-cutting for profit."

Neil Craig, HSE Principal Inspector said: "This businessman’s blatant disregard for health and safety has had disastrous consequences for these two young men. You would think that after employee A’s accident he would have made absolutely sure that it would not happen again. But 14 months later employee B was injured in almost exactly the same way."

"As managing director, this businessman was instrumental in both of these incidents. For this reason HSE took the decision to prosecute him as an individual rather than proceed against his company."

"The outcome of today's proceedings should serve as a stark reminder to company directors that they can be held personally liable and cannot hide behind their corporate entities."