Reflex Flexible Packaging, which operates a factory on Amber Drive, Langley Mill, was sentenced at Derby Crown Court on 5 November 2025 after pleading guilty to a breach of Section 2(1) of the Health and Safety at Work etc. Act 1974.
The company was also ordered to pay £20,000 in costs.
‘Tragic incident could have been easily prevented’
The court heard that on 29 May 2020, Paul Whalley, aged 46, had entered an opening in the side of a plastic conversion machine that allowed full-body access to dangerous moving parts.
The area contained several unguarded mechanisms, and Whalley became trapped inside the machine.
Emergency services attended the scene but despite their efforts, Whalley died at the scene from crush asphyxia.
Entanglement and entrapment in machinery account for around 28% of major injuries in the sector and represent a growing share of workplace fatalities.
Insufficient risk assessment
An investigation by the Health and Safety Executive (HSE) found that Reflex Flexible Packaging had failed to carry out a suitable and sufficient risk assessment for the operation of the machine.
The company had not installed appropriate guarding to prevent access to dangerous parts and had no written safe systems of work or isolation procedures in place.
HSE guidance requires employers to take effective measures to prevent access to dangerous machinery, typically by fitting fixed guards or, where necessary, interlocked systems that stop movement before a person can reach the danger zone.
HSE Inspector Lee Greatorex commented: “This tragic incident could have been easily prevented had a suitable and sufficient risk assessment taken place and the actions identified implemented.
“This wholly avoidable incident was caused by the failure of Reflex Flexible Packaging Ltd to guard the dangerous parts of the machine Mr Whalley was operating.
“It was obvious that these moving parts were not guarded and presented a clear risk of injury. Had the company fitted suitable guarding, this fatality would not have occurred.”
The investigation also revealed that Reflex’s own internal health and safety department had identified a lack of risk assessments 18 months before the fatal incident, but no action was taken to correct the issue.
The case was prosecuted by HSE Enforcement Lawyer Edward Parton, assisted by Paralegal Officer Rebecca Withell.
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