Director fined for repeated negligent safety practices after worker's arm amputated

Date:

11 November 2009

Release No:

HSE/EM/87

A businessman from Northamptonshire has been fined £60,000 after ordering a worker to clean a moving machine that trapped and mangled his arm, requiring it to be amputated.

Paul Richard Llewellyn James, 58, of Cranford, Northamptonshire, 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, brought by the Health and Safety Executive (HSE) related to separate incidents where two employees were severely injured. Mr James was also ordered to pay £17,500 in court costs.

The court heard that Mr James was a director of James Environmental Ltd when both incidents occurred at the company's premises at Islip Furnace Industrial Estate, Kettering Road, in Islip. Mr James put the company into voluntary liquidation three days after the case was committed to the Crown Court.

The first incident occurred on August 26 2006 when employee Zeke Mabbutt, from Burton Latimer, Kettering, was cleaning near an unguarded roller on a conveyor belt. He had been instructed by Mr James to put his hand in between the belts on the conveyor and scoop out the rubber debris that was sticking to the roller with the machine running.

When reaching into the conveyor to clean the roller, Mr Mabbutt'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 Mr Mabbutt's replacement at the firm, Danny Bedford, reached into the conveyor belt by the roller to clear some shredded tyre. He did this as he had seen Mr James and other employees clear debris in this way.

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

In sentencing Mr James, Judge Charles Wide QC said:

"It is perfectly clear to me from accidents suffered by Mr Mabbutt and Mr Bedford 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: "Paul James' blatant disregard for health and safety has had disastrous consequences for these two young men. You would think that after Mr Mabbutt's accident he would have made absolutely sure that it would not happen again. But 14 months later Mr Bedford was injured in almost exactly the same way.

"As managing director, Paul James 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."

At Northampton Crown Court yesterday (10 November) Mr James was fined £60,000 and ordered to pay costs of £17,500.

Notes to editors

1. Section 37(1) of the Health and Safety at Work Act 1974 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 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."
2. Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 states: "Every employer shall ensure that measures are taken in accordance with paragraph (2) which are effective - (a) to prevent access to any dangerous part of machinery or to any rotating stock-bar; or (b) to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone.

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