Manufacturer fined over former soldier's death

Date:

20 September 2010

Release No:

HSE/NW/22BCR

A building materials manufacturer and its director have been fined a total of £20,000 after a former soldier was killed by an industrial mixing machine blade.

The Health and Safety Executive (HSE) prosecuted Bury-based Building Chemical Research (1984) Ltd (BCR) and company director Stuart Reich, 62, following Paul Palmer's death at the company's premises on Sion Street in Radcliffe.

Paul Palmer

The 44-year-old father of one from Radcliffe had climbed into the machine - a powerful, slow speed mixer - to clean it on 30 August 2005 when it was switched on by another employee. Bolton Crown Court heard that it should have been impossible to switch on the machine while someone was inside.

Mr Palmer was brought up in Holywell in North Wales and served in the Falklands, Bosnia and Kuwait during his 13 years in the army. His brother, Ted Palmer, said:

"My other brother, John, died from an asbestos disease a few years before Paul, and their deaths have really devastated our family.

"Paul was just a happy-go-lucky chap. Not a lot fazed him; he just took everything in his stride. It just seems wrong that he survived over a decade in the army and then was killed by a machine in a factory.

"I can't understand how manufacturing companies can become complacent over health and safety in this day and age. I just hope highlighting Paul's death will stop it happening to someone else."

The machine which caused Mr Palmer's death

BCR was fined £16,000 and ordered to pay £8,000 towards the cost of the prosecution on 20 September. The company's director, Stuart Reich of Gisburn Road, Gisburn, Lancashire, was fined £4,000 and ordered to pay costs of £2,000.

Both admitted breaching Section 2(1) of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of employees.

HSE inspector Alan Meyer said:

"This was a totally avoidable incident that resulted in the tragic death of an employee. The guard on the mixer was totally inadequate and both the safety switches failed.

"Had the machine had a proper guard and a working cut-out switch, Mr Palmer would still be alive today."

More than 3.2 million people are employed in the manufacturing sector in Great Britain. Last year, 35 workers were killed and there were more than 31,000 serious injuries in the industry. More information on improving health and safety in manufacturing is available at www.hse.gov.uk/manufacturing.

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. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk

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