Kenneth Swaby, 43, from Canvey Island, Essex, was struck by a falling bale of waste, which had been stacked some five metres high, at R&S Recycling Ltd in Beoley, Redditch on 11 February 2011.
Three of the bales toppled over and one landed directly on top of him, killing him instantly.
An investigation by the Health and Safety Executive (HSE) established that R&S Recycling failed to properly control the risks to employees working at the site, particularly with regard to the storage and safe stacking of waste materials.
Worcester Crown Court heard yesterday (February 4) that stacks of unstable material, such as baled paper and plastic, should slope backwards towards the top, and the bales should be interlocked to prevent them from falling.
The court was also told that the stability of the stack should be checked regularly, and where bales can fall, workers on the ground should be kept well clear. On this occasion, HSE found that the stacks of bales were uneven and too high, with no measures in place to prevent employees approaching them on foot.
Sentence
R&S Recycling Ltd, of Bransons Cross Farm, Beoley was fined 100,000 and ordered to pay costs of 57,927 after pleading guilty to a single breach of the Work at Height Regulations 2005.
Speaking after sentencing, HSE Inspector Jan Willets said: Mr Swabys tragic death could have been prevented had R&S Recycling Limited made simple and adequate provisions to protect employees working with and alongside stacks of baled waste.
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The risks from materials falling from storage at height are clear, and there are necessary procedures for the safe management of bales in stacks. Yet on this occasion, Mr Swaby was able to walk right next to these unstable bales, with devastating consequences.
Stephen Walker, managing director of R&S Recycling, said: We are very sorry for what has happened and since the incident we have made improvements on the site. Our thoughts are with the family of Mr Swaby.
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