Gwyn Davies-McTiffin, a cardboard and paper recycling company based in Batley, West Yorkshire, has been ordered to pay a total of £120,000, following the death of a worker.

The firm pleaded guilty at Bradford Crown Court to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974 and yesterday (2 September) was fined £80,000 with costs of £40,000.

The court heard that Simon Brook, an employee of Gwyn Davies-McTiffin Ltd, was found seriously injured at the bottom of a horizontal baling machine on 17 August 2012. His legs had been partially severed by the machine and were amputated by a doctor on the scene. Brook, aged 50 and father of six, died two days later.

Although there were no witnesses to the incident, investigations revealed that Brook probably fell into the machine while removing a blockage in the hopper. A steel pole was found in the chamber, suggesting he was using this to get rid of the cardboard block.

The prosecution was brought by the Health and Safety Executive (HSE), which found that Brook’s fall into the machine most likely cleared the blockage, causing it to automatically restart.

On the day of the incident, HSE served a prohibition notice on the firm prohibiting use of the involved baler due to potential dangerous parts.

The court was told that similar blockages occurred every shift at the plant, with the health and safety management of the firm falling short of legal requirements. HSE found that unsafe methods of removing blockages were often used by employees, such as climbing over the side of the machine or jumping on the cardboard blockage within the hopper.

An improvement notice has been served by HSE requiring the firm to provide alternative systems for all foreseeable interventions on the baler.

‘An entirely foreseeable’ incident with fatal consequences

HSE inspector Andrea Jones, who carried out the investigation, said: “The risks of clearing blockages at baling machines are well known in the manufacturing industries, particularly in waste recycling industries.

“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.”

Brook’s widow, Diane, voiced her grief in her victim personal statement, saying: “Every aspect of my life has been affected. Simon lost his life but I have lost my life too. We did everything together. It feels like my lights have been turned off.”

Health and safety in the waste industry

According to HSE, the waste and recycling industry is ‘one of Britain’s most dangerous sectors’, and 2014/15 saw fatalities in the sector more than double to 11 people, after falling for several years.

In response to the dangerous nature of the industry, HSE has published the ‘Waste Industry Safety and Health (WISH) blueprint 2012-15’, which outlines 24 ‘immediate action points’ that employers can take to provide clearer training and safer workplaces.

Learn more about the ‘Waste Industry Safety and Health (WISH) blueprint 2012-15’.