EMR fined 300,000 for preventable fatality

The case has prompted the Health and Safety Executive (HSE) to warn that risk assessments cannot be seen as one size fits all.

EMR was prosecuted by the HSE after Linas Mataitis, 25, from Mitcham, was struck by the bucket of a wheeled loading shovel at during a shutdown clean-up on July 18 2010.

Mr Mataitis, who had joined the company two months earlier as a temporary worker, sustained fatal injuries after being pushed and pinned against a steel column by the vehicle.

EMR was fined a total of 300,000 during a hearing at Southwark Crown Court yesterday (May 20), while the company was told to pay a further 72,901 in costs after pleading guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work Act 1974.

During the hearing, the Court heard that Mr Mataitis was working near a large shredding machine that had been powered down for essential annual maintenance, with surrounding safety zones and interlocking gates opened up to allow worker and vehicle access when the accident happened.

Accident

He was one of a team of workers using hand shovels to scrape and clear dirt near conveyors feeding the shredder, which they placed into piles for colleagues using machines to clear.

On the morning of July 18 there were three vehicles operating alongside the team on foot; a Bobcat, a mini excavator and a wheeled loading shovel. The smaller machines were being used to fill the bucket of the loading shovel, which then drove away to be emptied.

The court heard that the loading shovel was returning to be refilled for a fourth time when it struck Mr Mataitis and crushed him against a conveyor support.

A subsequent investigation by the HSE found that although EMR had a documented procedure for clearing dirt from around the conveyors, which mentioned the use of a bobcat, it did not cover the shutdown operation when the safety gates were open, when more vehicles were operating nearby and when there was increased pedestrian movement.

Preventable

As such, the HSE deemed that there were inadequate arrangements for safely managing the movement of people and machinery.

After the hearing, HSE Inspector Jane Wolfenden said: Linas tragic death was entirely preventable. European Metal Recycling, as one of the worlds largest recycling companies, should have been fully aware of its health and safety duties, and of the clear risks presented by vehicle and pedestrian movements.

A risk assessment isnt a paper exercise where a one size fits all approach is acceptable, and the company should have properly planned for the shutdown operation where the level of risk was significantly increased implementing safe systems of work to suit.

The same can be said for training, instruction and supervision, where there was no clear direction or protocol for monitoring new or inexperienced workers.

As a consequence of the companys failings Linas family continue to grieve the loss of a son, brother and partner.

Regret

In a statement released following yesterdays judgement, the company said: We offer our condolences and an unreserved apology to the family of Linas Mataitis. It is a matter of great sadness and regret that this tragic event happened at one of our recycling centres.

We have worked closely with the Health & Safety Executive and our own Health and Safety professionals to understand what caused the accident and we will continue to do so, to prevent this type of accident happening again.

Speaking on behalf of Mr Mataitis family, his girlfriend Donata Gerulyte, added: Its almost three years since Linas was killed at work, but it still feels like it happened yesterday such is the hole it has left in our lives.