Recycling firm fined after employee falls into baler

Bradford Crown Court heard how Simon Brook, an employee of Gwynn Davies-McTiffin Ltd, was found lying seriously injured at the bottom of a horizontal baling machine in August 2012.

His legs, which had been partially severed inside the machine, had to be amputated by a doctor at the scene. The 50-year-old father of six died two days later.

Although the court heard there were no witnesses to the incident, the HSE claimed it was likely that Mr Brook fell into the baling machine’s hopper while clearing a blockage.

A steel pole was found in the chamber, which the HSE suggested he had been using to clear a blockage at the time of the incident.

An investigation launched by the Health and Safety Executive (HSE) found that as the baler was operational at the time, it is likely that Mr Brook dislodged the blockage as he fell in – causing the machine to automatically restart.

Notice

HSE served a Prohibition Notice on Gwynn Davies-McTiffin Ltd at the time of the incident, which banned use of the baler involved due to the guarding deficiencies allowing access to dangerous parts.

An Improvement Notice was also served requiring the company to provide system of work for all foreseeable interventions on the baler.

HSE said the family business’ failings to prevent the accident were ‘systematic’. Health and safety management fell ‘far short’ of what was required to ensure safe working practices for clearing blockages were in place.

In addition, the court heard how blockages occurred during every shift at the plant with employees describing various methods they used to clear the hopper.

These included standing on the top platform, leaning over the side and prodding the blockage with a stick, climbing over the side of the machine or standing on the conveyor belt at the top of the hopper.

One method even included jumping up and down on the cardboard blockage within the hopper.

‘Ruined’

The widow of Mr Brook, Diane, said in her Victim Personal Statement that “the lives of myself and our children have been ruined”. She added: “It feels like my lights have been turned off.”

HSE inspector Andrew Jones, who carried out the investigation, said: “Adequate guarding of dangerous moving parts and the provision of safe systems of work including isolating and locking-off machinery are the basic principles for protecting employees.

“Various unsafe methods of clearing blockages were used by several employees over a long period of time. There was no supervision or monitoring by management. This was an entirely foreseeable accident which resulted in fatal consequences.

Gwynn Davies-McTiffin Ltd pleaded guilty to breaching the Health and Safety at Work Act and was fined £80,000, as well as having to pay £40,000 in costs. When contacted by letsrecycle.com, the firm declined to comment.