HSE Press Release E062:02 - 25 March 2002

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Plastics firm fined £250,000 after fatal accident

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A Buckinghamshire company was fined £250,000 at Aylesbury Crown Court on 22 March for three breaches of health and safety legislation following the death of a machine operator.

The Health and Safety Executive (HSE) prosecution followed the death of Ronald Leslie Glue, 61, of Aston Clinton, Buckinghamshire, whose head was crushed while he was setting a Hanwood vacuum-forming machine.

Klargester Environmental, of Aston Clinton, was fined £200,000 for breaches under Regulation 11(1)(a) of The Provision and Use of Work Equipment Regulations (PUWER)1998, in that it failed to ensure that measures were taken to prevent access to dangerous parts of machinery. It was also fined £50,000 for breaches of Section 2(1) of the Health and Safety at Work etc Act 1974 in that it failed to ensure the health and safety of its employees. No separate fine was made for the offence under Regulation 11(1)(b) of PUWER 1998.

Passing sentence, Judge Morton Jack said

"that there were multiple failings, some of which must have been present for a long period, some for many years".

He said that

"the defendant was unable to demonstrate a proper system for inspection and maintenance, necessary to prevent accidents".

He said that

"the situation at the factory was "serious and horrifying".

After the hearing, HSE investigating inspector Robert Meardon said:

"The investigation into this tragic, fatal accident revealed a factory with widespread inadequate control of many health and safety matters, from machinery guarding, to electrical apparatus, to toxic substances and others. These problems had developed over a number of years and an accident of some kind could have occurred at any time. The level of fines demonstrate that the court intends to send a very strong message that employers face severe penalties if they fail to adequately control the risks to their employees."

NOTES TO EDITORS

1. Regulation 11(1)(a) of The Provision and Use of Work Equipment Regulations (PUWER) 1998 states that: "Every employer shall ensure that measures are taken......which are effective to prevent access to any dangerous part of machinery......"

2. Regulation 11(1)(b) of PUWER 1998 states that: "Every employer shall ensure that measures are taken......which are effective to stop the movement of any dangerous parts of machinery.......before any part of a person enters a danger zone."

3. Section 2(1) of the HSW Act states that: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."

4. The maximum penalty in the Crown Court for these contraventions was an unlimited fine.

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Call HSE's InfoLine, tel: 0845 345 0055
or write to: HSE Information Services, Caerphilly Park, Caerphilly CF83 3GG.

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Published on the HSE web site on 27 March 2002

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