King's Lynn company and director prosecuted for failing to protect employee

Date:

19 March 2009

Release No:

E122:09

The Health and Safety Executive (HSE) is warning employers to ensure machinery is adequately guarded following HSE's prosecution of King's Lynn based Bacocompak (Norfolk) Ltd, and Director Mr Peter Groves Bacon.

Bacocompak (Norfolk) Ltd was fined £4,000 and ordered to pay £6,666 in costs, whilst Mr Peter Bacon was fined £2,000 and ordered to pay £3,333 in costs, after pleading guilty at King's Lynn Magistrates' Court yesterday (18 March 2009) to charges laid under Section 2 (1) and section 37 (1) of the Health and Safety at Work etc. Act 1974 respectively.

The court heard how on 17 April 2007, Mr Marcus Gohn, an employee of Bacocompak (Norfolk) Ltd, was working on a waste screening device when an unguarded conveyor belt became blocked. As Mr Gohn reached in to free the blockage, the belt restarted drawing his arm in to the end roller, trapping it and causing a severe fracture to his lower left arm.

HSE Inspector, Richard Hines said:

"This was an entirely avoidable incident. Mr Gohn sustained a severe fracture to his lower left arm because the company failed to provide a safe work environment. The machine involved with the incident should not have been used without the correct guarding in place.

"This should serve as a timely warning to all companies that they have a clear responsibility to ensure the health and safety of their work force. This case illustrates how things can go wrong when risks are not properly controlled and HSE will not hesitate to take action against those who fall short of the law in such a way."

Notes to editors

1. Section 2(1) of the Health and Safety at Work etc Act 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 37 (1) of the Act 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."
3. Further information on work equipment and machinery in the workplace can be found on the HSE website at:  http://www.hse.gov.uk/work-equipment-machinery/index.htm

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