The director of a Port Talbot furniture
factory and three of its managers have received suspended prison sentences for
ongoing health and safety failings.
Swansea Crown Court heard how the factory at Margam
Hall Upholstery Limited in Henshaw Street, Port Talbot was included in the
Health and Safety Executive’s (HSE) programme of visits to woodworking premises,
which are considered a high risk industry because of dangerous machines and
hazardous substances including wood dust and glues.
The visit highlighted a number of health and safety
concerns at the factory in early 2015 including poor control of wood dust, no
maintenance of work equipment including fume and dust extraction and noisy
conditions. There were inadequate toilet and washing facilities. Ten
Improvement Notices were served on the company in February 2015, and despite
ongoing intervention by the HSE, there was little progress and conditions
remained poor. Seven of the Improvement Notices were not complied with.
After the hearing, HSE Inspector Helen Turner said: “We
always try to work with duty holders to help them understand their
responsibilities and improve conditions but there is no excuse for people
running a business not to know what health and safety standards apply to their
work.
“When directors or managers who have the power to make
the improvements blatantly disregard their workers’ health and safety we have
no option but to prosecute.”
Judge Geraint Walters said: ““The operation the four
of you were engaged in was nothing short of a ticking time bomb in relation to
the health and safety of employees.”
Free guidance on managing the risks within the
woodwork industry is available on HSE’s website: http://www.hse.gov.uk/woodworking/index.htm
The four defendants were previously in charge of
Celtic-Leather and Fabric Upholstery Ltd at the same factory premises. This
company was prosecuted by the Health and Safety Executive in 2015 for similar
health and safety breaches.
Director Brian Baggs, of Mount View Terrace, Port
Talbot pleaded guilty to breaching Section 37 of the Health and Safety at Work
etc Act 1974, and was given a 10 month prison sentence suspended for 2 years
and ordered to pay costs of £2,500. He was also disqualified from acting as a
company Director for 5 years.
David Lewis, a shareholder and manager, of Manor Way,
Briton Ferry pleaded guilty to breaching Section 37 of the Health and Safety at
Work etc Act 1974, and was given a 10 month prison sentence suspended for 2
years and ordered to pay costs of £2,500. Although not a current director, he
was also disqualified from acting as a company Director for 5 years.
His brother Matthew Lewis, also a shareholder and
manager, of Ford Road, Velindre, Port Talbot, pleaded guilty to breaching
Section 37 of the Health and Safety at Work etc. Act 1974, and was given a 10
month prison sentence suspended for 2 years and ordered to pay costs of £2,500.
Although not a current director, he was also disqualified from acting as a
company Director for 5 years.
Michael Ball, a shareholder and manager, of High
Street, Ogmore Vale, Bridgend, pleaded guilty to breaching Section 37 of the
Health and Safety at Work etc. Act 1974, and was given a 10 month prison
sentence suspended for 2 years and ordered to pay costs of £2,500. Although not
a current director, he was also disqualified from acting as a company Director
for 5 years.