China clay company prosecuted after worker fell into machinery

Date:

31 March 2011

Release No:

WW331

A man was seriously injured when he was drawn into machinery used to flatten bags, Truro Crown Court heard today (31 March).

China clay company, Imerys Minerals Ltd, pleaded guilty to a charge brought by the Health and Safety Executive (HSE) after failing to ensure the safety of staff engaged in manually loading bags onto conveyors at the European Milling Centre site at Par Docks.

The company was fined £30,000 for breaching Section 2(1) of the Health and Safety at Work Act 1974 by failing to ensure the health, safety and welfare at work of all their employees. The company was ordered to pay costs of £45,124.

The accident happened on 14 August, 2008, when Gerald Dahlstrom (then 45 years-old), was loading bags of china clay onto a conveyor belt when he was drawn into a gap of approx 6" between the conveyor and another belt mounted above, which was designed to flatten bags of china clay. He suffered multiple injuries including serious head, shoulder and chest injuries. He was off work for over a year and is still suffering from the effects of the incident.

After the hearing, HSE Inspector, Jo Fitzgerald, said: "The serious injuries suffered by Gerry Dalhstrom could easily have been avoided by Imerys if they had carried out an assessment and looked at the risks being taken by employees at the site.

"All employers have a duty to manage health and safety properly and protect their staff as far as possible."

Notes to editors

1. The Health and Safety Executive (HSE) is Britain's national regulator for workplace health and safety. It aims to reduce 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.
2. Section 2(1) of the Health and Safety at Work Act 1974 states that employers must , as far as reasonably practicable, ensure the health, safety and welfare at work of all their employees.
3. Further information on risk assessment can be found on the HSE website at http://www.hse.gov.uk/contact/faqs/riskassess.htm
4. The court also ordered the defendant to pay a separate £15 victim surcharge, the proceeds of which will be spent on services for victims and witnesses.

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Issued on behalf of the Health and Safety Executive by COI News and PR (South West)