HSE/LON/910/2009 9 October 2009

Tate and Lyle fined £270,000 for health and safety breach following worker's death

Tate and Lyle has been fined more than a quarter of a million pounds following the death of a contractor working on one of its ships.

Keith Webb, 53, died while unloading raw sugar from a ship at Tate and Lyle's sugar refinery at Factory Road, Silvertown, Newham.

The Health and Safety Executive (HSE) prosecuted Tate and Lyle Industries Ltd, of Sugar Key, Lower Thames Street, London who pleaded guilty to breaching Sections 2 (1) and 3(1) of the Health and Safety at Work Act 1974, today at Southwark Crown Court.

The company was fined £270,000, with costs of £90,000 for failings that led to Mr Webb's death in March 2004.

Mr Webb, who worked for Acclaim Logistics Ltd, was inside a bulldozer that fell from a crane as it was being lowered into the hold of a ship.

As the vehicle was being lowered, the lifting lug – connecting the lifting chain to the crane – snapped, dropping the bulldozer. The bulldozer hit the ship and then fell into the water and Mr Webb was tragically killed.

HSE's investigation identified a series of failures in Tate and Lyle's management of its operations at the dock. These included its failure to provide and manage proper means of access to the ships being unloaded; and failure to manage and control staff and contractors.

HSE Inspector John Crookes said:

"In failing to identify and address these inadequacies before they led to the death of a worker, Tate and Lyle's performance fell well below what could be reasonably expected of them.

"Above all, however, this is a human tragedy as Mr Webb leaves a widow, two grown up children, and two grandchildren, one of whom he was sadly never able to meet.  This terrible accident should never have been allowed to happen."

Mr Webb's widow Avril, who was present in court, said:

"Although Keith died five years ago, for me, it's like yesterday. My husband was ripped from my life, from our family's lives. There was no illness to prepare us for our loss.

"I'm still trying to fill the huge void left by his death, still trying to pick up the threads of a life that I can no longer enjoy. I am half of a whole person. I am no longer part of a couple."

Notes to editors

1. Section 2(1) of the Health and Safety at Work etc Act 1974 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.
2. Section 3(1) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.
3. A post-mortem examination established that the cause of death was drowning

Issued on behalf of the Health and Safety Executive by COI News and PR London.

For more information please contact Cindy Ferguson Dubarry 020 7261 8529 cindy.fergusondubarry@coi.gsi.gov.uk or Matthew Hall on 020 7261 8343 matthew.hall@coi.gsi.gov.uk