Custodial sentence for company director following paper shredder fatality

E122:05 15 September 2005

Company Director, Paul White (43) of Drayton today received a twelve month custodial sentence at Norwich Crown Court following the death of an employee at his paper recycling business, M W White Ltd of Ketteringham, Norwich on 22 December 2003.

The custodial sentence followed Mr White's earlier guilty plea to manslaughter and health and safety charges. His company today was also fined £30,000 with costs of £55,000.

The sentencing follows a full investigation jointly carried between detectives from Norfolk Constabulary CID and inspectors from the Health and Safety Executive (HSE) into the death of Kevin Arnup (36). Mr Arnup climbed into a paper-shredding machine to clear blockages when the machine started, fatally injuring him. The machine contained a series of hammers projecting 15cm from a shaft, which revolved at high speed.

The extensive investigation revealed that the machine was not securely isolated whilst the unblocking work was being carried out (there was no local electrical isolator provided for the machinery), there was no safe system for such work and the electrical controls for the machine were contaminated with dust.

Commenting on the case, Minister for Health and Safety, Lord Hunt said:

"Tragic incidents in the workplace such as this are totally preventable. All employers must make the welfare of their employees a top priority by ensuring that safe systems of work are provided and maintained."

"There is also a need to make certain that employees are properly instructed in how to operate machinery to guard against any threat of injury or death."

HSE investigating Principal Inspector, Paul Carter said: "This was a horrific incident that was entirely foreseeable. Isolating the machinery, a safe system of work for clearing blockages, together with adequate instruction, training and supervision of Paul White's staff would have prevented this incident. Evidence showed that Paul White chose not to follow the advice of his health and safety consultant and instead adopted a complacent attitude allowing the standards in his paper recycling business to fall."

"I encourage all employers to take a fresh look at their business activities, review their risk assessments to ensure that sensible control measures are in place and that employees understand what is expected of them."

Notes to editors

1. Paul White (43) of Drayton pleaded guilty to a charge of manslaughter on 13 June at Norwich Crown Court. Both he and his company also pleaded guilty to offences under section 2(1) and 37(1) of the Health and Safety at Work etc Act 1974 (HSWA) on the same day. Today he received a twelve month custodial sentence for a charge of manslaughter. The judge expressed the sentence for Mr White in terms of six months imprisonment with the remaining time released under a supervision order. The company received a fine of £30,000 under the section 2(1) HSWA charge with costs awarded to HSE and CPS of £55,000 (to be paid equally between Mr White and his company). No sentence was passed under section 37(1) of HSWA.

2. Section 2(1) of HSWA states "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."

3. Section 37(1) of HSWA states "Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any capacity, he as well as the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly."

4. Further information on HSE's activities in the waste management and recycling industries including an in-depth research report Mapping Health and Safety Standards in UK Waste Industry can be found on the HSE website at www.hse.gov.uk/waste

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