Power company fined £120,000 after worker is crushed to death

Date:

11 February 2011

Release No:

HSE-E-06-11

A Cambridgeshire power company has been ordered to pay £150,735 for their role in an incident which left a man dead after he was struck by a straw bale.

Gary Darnell from Ely, in Cambridgeshire was working as a driver at EPR Ely Ltd's site on the Elean Power Station in Sutton, also in Cambridgeshire on 16 September 2008 when he suffered fatal injuries from a 700kg bale of straw which fell on to him.

Cambridge Crown Court heard on 11 February 2011, the 53-year-old received fatal injuries from mechanical asphyxiation when, during an unloading operation, using an overhead gantry crane, the bale of straw fell from a lorry on to Gary.

EPR Ely Ltd of Woodbridge which produces electricity from burning straw at its Elean Power Station was fined £120,000 and ordered to pay costs of £30,735.

The investigation and prosecution by the Health and Safety Executive (HSE) found a number of failings regarding the movement of straw bales around the loading and storage area.

HSE Inspector Gavin Bull said:

"Incidents like this are entirely preventable - it is tragic that Gary Darnell lost his life.

"Companies need to make sure that they do not put drivers at risk from unsafe loading procedures. They should have systems of work in place keep drivers or other workers away from places that might be unsafe. If necessary they should use a banksman to assist the driver, or have other equipment such as effective CCTV to make loading operations safe."

Notes to editors

1. HSE Inspector Gavin Bull is available for interview. Please contact COI East.
2. EPR Ely Ltd pleaded guilty to Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974:
   • Section 2(1) of the Health and Safety at Work etc Act 1974 states that: "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."
   • Section 3(1) of the Health and Safety at Work etc Act 1974 states that: "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. 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.
4. Please note: EPR Ely Ltd was fined £120,000 and not £130,000 as stated in press release HSE-E-05-12, issued on 11 February 2011. The costs order was stated accurately at £30,735. The case was heard at Cambridge Crown Court on 11 February 2011.

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