Firms fined following quarry death of Somerset father

Date:

22 December 2011

Release No:

HSE/08/SR/11

A Wiltshire man and firm who operate in Somerset have been fined following the death of a father-of-two at Whatley Quarry in Frome, Somerset in 2008.

Neal Webber, who was 28, died on 9 February 2008 whilst carrying out maintenance in a large limestone fines hopper.

Hanson Quarry Products Europe Ltd and Robert Alan Taylor, who was then trading as Quarry Maintenance Service Engineers, were both prosecuted by the Health and Safety Executive (HSE) today at Taunton Crown Court. During the hearing it was accepted by all parties that the failings of either defendant did not cause Mr Webber's death.

Mr Webber and a colleague Neil Myers were working to remove compacted material from the inside of the hopper when the material they were standing on collapsed. Mr Webber was buried under approximately 12 tons of limestone dust and was suffocated. Mr Myers was buried up to his chest but managed to pull himself out and attempted to help Mr Webber. He suffered severe shock.

The court heard that while both men had been wearing a harness, the equipment used by Mr Webber - his own - did not prevent him from being buried under the limestone dust when the compacted material he was standing on collapsed. Mr Myer's harness was attached to a shorter, fixed length line and consequently he was not fully buried by the limestone dust during the collapse.

HSE Inspector Ann Linden said:

"Entering a hopper like this must be a last resort after all other possible methods of clearing compacted material have been considered and ruled out - and even then it needs to be very carefully planned and organised.

"In this case the parties involved did not consider an alternative to entering the hopper to clear the compacted material. The equipment and work method used in this case were not a safe option. If firms are going to send men into confined spaces they must be more rigorous with the safety systems they have in place.

"Because of this tragic incident two young children have been left without a father and Mr Myers was left traumatised by being buried up to his chest in limestone dust and being unable to rescue his workmate."

Neal Webber's wife Claire said:

She said: "Overnight, everything in our lives changed. It is now nearly four years since Neal died and the girls still miss their dad and have their ups and downs emotionally in dealing with it.

"I have obviously been affected as well and financially it has not been easy either. We married when I was 17 and we were both working full-time at the time of the incident. Now in order to look after Emily and Ashleigh I have become dependant on benefits, which has not been easy to cope with."

Hanson Quarry Products Europe Ltd, of Castle Hill, Maidenhead, pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work etc Act 1974 and were fined £27,500 and ordered to pay £ 27,000 costs.

Robert Taylor, of Eriskay Gardens, Westbury, Wiltshire the owner of Quarry Maintenance Service Engineers pleaded guilty to breaching regulation 4 (2) of the Confined Spaces Regulations 1997 and was fined £1, 500 and order to pay costs of £10,000.

Notes to editors

1. 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
2. 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. Regulation 4 (1) & (2) of the Confined Spaces Regulations Act 1997 state:
   1. No person at work shall enter a confined space to carry out work for any purpose unless it is not reasonably practicable to achieve that purpose without such entry.
   2. Without prejudice to paragraph (1) above, so far as is reasonably practicable, no person at work shall enter or carry out any work in or (other than as a result of an emergency) leave a confined space otherwise than in accordance with a system of work which, in relation to any relevant specified risks, renders that work safe and without risks to health.

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