Food manufacturing company and director sentenced

A multi million pound turnover food manufacturer and one of its directors have been fined after a worker was crushed by a forklift truck at its Warwickshire factory.
Leamington Crown Court heard that agency worker Jamie Barsby was lucky to be alive after the incident at The Sandwich Factory Holdings Ltd on the Carlyon Road Industrial Estate in Atherstone on 29 July 2012.
He was thrown from the forks of a forklift truck and crushed between the forklift and the back of an articulated lorry as he was being lifted into the back of the lorry to reorganise pallets of sandwiches. The 26-year-old, from Atherstone, broke a number of vertebrae, fractured his pelvis and suffered blood blisters all over his body.
The Judge found that director Paul Nicholson had failed to ensure safety management systems were in place at the factory. The court heard that had such systems been in place, the unsafe practice would not have occurred and existed for a prolonged period of time.
The Sandwich Factory Holdings Ltd, of Helsinki Road, Sutton Fields Industrial Estate, Kingston upon Hull, pleaded guilty to breaching Section 2(1) and 3(1) of the Health and Safety at Work etc Act 1974. It was fined a total of £60,000 and ordered to pay costs of £57,790.
Director Paul Nicholson, aged 55, of Balnain, Drumndrochit, Inverness, pleaded guilty to two breaches of Section 37(1) of the same Act. He was given a conditional discharge and ordered to pay costs of £50,513.
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Oil plant operator sentenced over safety failure

The operators of the Grangemouth Oil Refinery were sentenced on 13^th August for safety failings relating to an incident in which a worker was injured at the plant.
In October 2012, a Petroineos employee was carrying out a cleaning operation on a vent pipe and while opening a vent valve on a walkway 25 meters above ground, was sprayed in the face by low pressure steam.
Despite wearing regulation Personal Protective Equipment including a hard hat and safety glasses the worker was left injured and disorientated, and as he was working so high up, in danger of possibly falling from the platform, though there was handrails attached to the platform.
Such was the victim’s disorientation, colleagues who had come to the injured man’s aid had to physically restrain him until a crane rescue was initiated to get the injured man off the platform.
The man required an overnight stay in hospital and follow-up treatment for six weeks, suffered initial blurred vision, and has been left with a small scar on his forehead.
Falkirk Sheriff Court heard the subsequent Health and Safety Executive (HSE) investigation revealed a failing by the accused in the risk assessment process which had not identified the potential hazard of the discharge of steam directly towards an operator.
The court was told simple steps could have been taken to eliminate the hazard such as fitting a short pipe extension to ensure any steam was discharged safely away from the operator.
Independent crude oil refiner, Petroineos Manufacturing Scotland Ltd of Grangemouth Oil Refinery, Bo’ness Road, Grangemouth (previously known as Ineos Manufacturing Scotland Limited), pleaded guilty to breaching Regulation 12(1) of The Provision and Use of Work Equipment Regulations 1998, and Section 33(1)(c) of the Health and Safety at Work Act 1974 and was fined £24,000.
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Timber manufacturer fined after employee suffers severe hand injuries

A timber gate manufacturer in Daventry has been fined after a young employee lost two fingers on his left hand while working on machinery.
The 27-year-old employee of Main Line Timber Limited was pulled into the rotating blade of an inadequately guarded circular saw which was not fitted with a riving knife or ‘take off’ table when the incident happened on 25 July 2014.
Northampton Magistrates’ Court heard today (11 Aug) that the employee had been working on the saw alone and was both feeding and removing large pieces of timber from the saw when a piece of wood snagged and pulled his left hand into the blade.
The employee’s left hand was severely injured, and his little finger and ring finger were subsequently amputated.  
An investigation by the Health and Safety Executive (HSE) found the company had failed to ensure that required safety features were installed on the machine and to maintain the condition of the top guard on the saw. In addition to these failings, the employee did not received adequate training for use of the saw and there was an unsafe system of work in place.
Main Line Timber Limited of Old Station Yard, Woodford Halse, Daventry, was fined £10,000 with costs of £1000 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
After the hearing, HSE Inspector Jenna McDade, said: “Had the company taken suitable measures to ensure workers did not come into contact with the rotating blade, had the saw been properly guarded and fitted with relevant safety features and had employees been provided with adequate training, this young man would not have lost two of his fingers.”

Firm fined for worker’s death at paper mill

A company has been fined following the death of a worker who became trapped in unguarded machinery at a Devon paper mill.
John Stoddart, 42, who lived in Cullompton, was attempting to smooth out felt on a conveyor at the Higher Kings Mill in the town when he was pulled into the machinery causing fatal injuries on 24 September 2011.
The incident was investigated by the Health and Safety Executive (HSE) which prosecuted Mr Stoddart’s employer, DS Smith Paper Ltd, at Exeter Crown Court today.
The court heard that Mr Stoddart, who was the company’s operations manager, was trying to identify a problem that was causing creases in the large rolls of industrial paper being produced.
Following the practice of some other workers in the factory when similar situations occurred, he climbed onto a work platform to check if the creases were caused by problems on a large, moving felt belt, used to squeeze water out of the pulp mixture.
Although no-one saw what exactly happened to Mr Stoddart, it is likely he was dragged onto the felt belt which then ripped and he fell into the machinery below, causing fatal crush injuries. He was pronounced dead at Royal Devon and Exeter hospital having been taken there by an ambulance.
HSE’s investigation found the company had failed to place any guard around the belt and did not have a suitable risk assessment for work which needed to be carried out to find the cause of creases and for working on the gantry.
DS Smith Paper Ltd, of Euston Road, London, pleaded guilty to a breach of the Provision and Use of Work Equipment Regulations 1998 and was fined a total of £400,000 and ordered to pay £34,761.67 in costs.
HSE Inspector, Simon Jones, speaking after the hearing, said:
“DS Smith’s failure to guard a dangerous piece of moving machinery tragically cost Mr Stoddart his life and has left his family without a husband, father and brother.
“Potentially dangerous machinery should always be guarded and turned-off when workers need access to repair faults.
“A proper risk assessment would have highlighted these dangers and established safe practices for staff instead of putting their lives at risk.”
Further information about guarding machinery can be found on the HSE website at http://www.hse.gov.uk/fee-for-intervention/basic-safety-mistakes/guards.htm

Engineering firm fined over safety breach

A north east engineering firm has been fined for deliberately compromising the safety guards on machinery for production reasons.
South Tyneside Magistrates’ Court heard H. Mullins (Earby) Limited, which produces precision engineered components, used Computer Numerically Controlled (CNC) machines as part of the production process, including machining centres, milling machines and drilling machines.
The guards on the machines comprise of a sliding door which is interlocked. In February this year, a Health and Safety Executive (HSE) inspector found the interlocks had been deliberately defeated on three CNC machining centres and a CNC milling machine and the interlock was broken ona CNC drilling machine.
HSE prosecuting told the court this action allowed employees to access dangerous parts of the machines during automatic CNC operations leading to a risk of serious injury.
The court heard the company had been served with HSE Improvement Notices following an inspection in 2008 and a letter sent in 2012 highlighting similar issues.
HSE inspector Fiona McGarry said after the hearing: “The deliberate defeating of safety devices in any workplace is not acceptable.
“This company had received advice on two previous occasions in relation to the guarding standards on CNC machines and had not taken appropriate action.
“HSE will not hesitate to take enforcement action against companies who continually flout health and safety law and put their employees at risk.”
Mullins (Earby) Limited of Western Rd, Jarrow, Tyne and Wear pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work Act 1974 and was fined £13,500 with £1,439.10 costs.

Total fined £1.4m after fatal UK refinery fire

Total UK Limited has been fined £1.4 million after a major fire led to the death of a worker at an oil refinery in North Lincolnshire. Twenty-four year old Robert Greenacre from Grimsby was working near a crude oil distillation unit just before the fire broke out at the Lindsey Oil Refinery (TLOR) in Immingham on 29th June 2010.

Lindsey Refinery - Photo: Andy Beecroft

The Health and Safety Executive prosecuted the oil giant after an investigation found a fire was caused by an uncontrolled release of crude oil.
Hull Crown Court heard today on July 29 that Greenacre who was a contracted fitter was working with a colleague beneath a distillation column containing hot crude oil. The job required them to open equipment beneath the column. When an item of equipment was opened, the crude oil was released. A short time later it ignited. A colleague was able to escape the scene suffering minor burns, but Greenacre did not escape and died beneath the column.
The court also heard operators of major accident hazard establishments must have in place a functioning system of risk assessment for all tasks where hazardous substances could be released.
Operators should always try to eliminate risk through hazard avoidance. In many circumstances this could be achieved by carrying out the task during shut-down conditions. Where this is not practicable, the highest achievable levels of isolation to industry standards are required.
Total UK Limited of One Euston Square, 40 Melton Street, London, pleaded guilty to breaching Regulation 4 of the Control of Major Accident Hazards Regulations 1999 (COMAH) and was fined £1.4 million and ordered to pay costs £34,084.05.
Speaking after the hearing HSE Inspector John Moran said:
“If Total had followed well established principles of risk assessment this major fire and the subsequent fatal injury to Robert Greenacre could have been easily prevented.
“Although the accident arose from a simple task, the magnitude of the risk was great. The risk should have been identified before the task started, and action taken to either eliminate or control it. This did not happen.
“Total UK Limited as operator in control of a major accident hazard establishment fell far short of the standard required of them.
“This tragic incident should serve as a reminder to all such operators that if they fail to assess the risks associated with even simple and routine maintenance tasks, the consequences can be severe, and irreparable to the people involved and their families”.

Business partners fined following worker injured in explosion

Northallerton Magistrates, 4 August,  heard how the explosion at Mason Engineering on 18 November 2013 happened as they were transferring oxygen between pressurised cylinders. The partners had rigged up a make-shift hose fitting that was not designed for the high risk procedure.
Debris built up in the end of the hose, causing it to overheat and ignite in the oxygen.
One of their workers, aged 48 at time of incident, was caught in the blast and suffered life changing injuries when he was blinded in his left eye and lost his left thumb and forefinger.
Samuel Trevor Mason and Shaun Christopher Mason, both of Blackhorse Lane Swainby, Northallerton both pleaded guilty to breaching Section 2 of the Health and Safety at Work etc Act 1974 and were fined £4000 each and ordered to pay costs of £1171/15 each.
HSE Inspector Geoff Fletcher said:
“This was an accident that should never have happened. Trevor and Shaun Mason admitted to developing their own practice rather than following the manufacturer’s guidelines. Unfortunately their employee has to live with the permanent consequences of their failure to consider the risks of transferring oxygen with in house manufactured components”
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World leaders finalise new sustainable development goals

The UN’s 193 member states have reached agreement on a new set of sustainable development goals that aim to protect the environment, achieve gender equality, end poverty and promote prosperity by 2030.
The agreement includes 17 new sustainable development goals (SDGs) and 169 targets, and builds on the success of the millennium development goals, which were adopted in 2000 and have helped more than 700 million people out of poverty.
Announcing the agreement, UN general secretary Ban Ki-moon said: “This is the people’s agenda, a plan of action for ending poverty in all its dimensions, irreversibly, everywhere, and leaving no one behind. It seeks to ensure peace and prosperity, and forge partnerships with people and planet at the core.”
The UN says the goals and targets aim to tackle key “systemic barriers to sustainable development such as inequality, unsustainable consumption and production patterns, inadequate infrastructure and lack of decent jobs.”  The environment dimension is covered in the goals on oceans and marine resources and on ecosystems and biodiversity. These include ensuring sustainable consumption and production patterns (goal 12); urgent action to combat climate change and its impacts (13); and sustainably managing forests, combatting desertification, halting and reversing land degradation, and halting biodiversity loss (15).
CRS’S Head of Environment highlighted ‘the new ISO 14001: 2015 requires organisations to consider the wider business context, and announcements such as these give organisation a direction as to the key political elements to consider over the longer term’
Environmental NGOs and civil society groups have been actively involved in the development of the new SDGs over the past two years.
Groups, including Christian Aid, Practical Action, Greenpeace, CAFOD, WWF, CARE and Oxfam cited the need for the new SDGs to focus on climate change. The new agenda acknowledges the UN’s framework convention on climate change as the primary international forum for negotiations and includes a commitment to “address decisively the threat posed by climate change and environmental degradation.”
UN chef de cabinet, Susana Malcorra, described the agreement as "historic" but warned that the work ahead is immense. "The sheer size, the depth and the complexity of this agenda challenges all of us, challenges the UN," she said.
The agreement will be officially declared at the UN’s 70th anniversary in New York in September

Illegal waste site gets £18k penalty

Recycling and skip-hire business Eastside 2000 (E2L) has been fined £18,000 for illegally storing waste at site in Hereford. E2L was also ordered to pay costs of £7,732. The firm pleaded guilty at Hereford magistrates’ court to storing demolition waste at the site, which has no environmental permit.

The court was told that, in June 2012, the Environment Agency ordered the waste to be removed. At the time, the agency agreed to halt legal action until the outcome of the planning application by E2L to build a waste washing facility at the site. Permission was refused in March 2013 and the agency reinstated its enforcement action. By the end of January 2014, the date for final compliance with the notice, agency officers found the site still contained around 12,000 tonnes of waste. By August 2014, half the waste remained. Magistrates ordered the site to be cleared within three months.

New higher environmental fines appeal ruling

The Court of Appeal has ruled that the sentence imposed on Thames Water Utilities for allowing untreated sewage to enter a brook running through a nature reserve was proportionate.
Reading crown court fined the company £250,000 in September 2014 in one of the first cases to reflect the sentencing guidelines for environmental offences that came into force on 1 July last year.
The guidelines introduced four categories of offence that relate to the level of harm caused. Also considered is the offender’s culpability – was it deliberate, reckless or negligent, or whether it committed with little or no fault on the part of the organisation.
Thames Water pleaded guilty to allowing sewage to enter The Chases, a nature reserve near Newbury, from an emergency overflow pipe at its Broad Layings sewage pumping station on 2 September 2012. The Environment Agency said the discharge had been caused by a blockage in the pumps at the station on 29 August 2012 and that Thames Water had failed to act on the alarms system to attend and unblock them.
At the earlier hearing, the judge, recorder Arbuthnot, said: “The parties agree that the level of culpability is negligence and with which I agree. With regards to harm I find that this is a category 3 offence but at the severe end.” The starting point for fines for negligent, category 3 offences committed by firms with a turnover of at least £50 million is £60,000, rising to £150,000. The courts, however, can impose financial penalties outside this range for large companies by considering whether the fine is proportionate to the means of the offender.
The court of appeal agreed the fine was proportionate. The judges also referred to Thames Water’s record as a repeat offender, warning: “To bring the message home to the directors and shareholders of organisations which have offended negligently more than once before, a substantial increase in the level of fines, sufficient to have a material impact on the finances of the company as a whole, will ordinarily be appropriate. This may therefore result in fines measured in millions of pounds.”
Anne Brosnan, deputy director of legal services at the Environment Agency, said: “This sentence should act as a deterrent. In fact, the court said that it would have upheld a very substantially higher fine in this case.”

Global Energy Firm fined £1.4m after worker killed in refinery fire

Total UK Limited have been fined £1.4 million after a major fire led to the death of a worker at an oil refinery in North Lincolnshire.

Twenty-four year old Robert Greenacre from Grimsby was working near a crude oil distillation unit just before the fire broke out at the Lindsey Oil Refinery (TLOR) in Immingham on 29^th June 2010.

The Health and Safety Executive prosecuted the oil giant after an investigation found a fire was caused by an uncontrolled release of crude oil.

Hull Crown Court heard on 29^th July 2015 that Mr Greenacre who was a contracted fitter was working with a colleague beneath a distillation column containing hot crude oil. The job required them to open equipment beneath the column. When an item of equipment was opened, the crude oil was released. A short time later it ignited. Mr Greenacre’s colleague was able to escape the scene suffering minor burns, Robert did not escape and died beneath the column.  

 The court also heard operators of major accident hazard establishments must have in place a functioning system of risk assessment for all tasks where hazardous substances could be released.

Operators should always try to eliminate risk through hazard avoidance. In many circumstances this could be achieved by carrying out the task during shut-down conditions. Where this is not practicable, the highest achievable levels of isolation to industry standards are required.

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