Company director fined for repeated safety offences
A BUSINESSMAN from Northamptonshire has been fined £60,000 and ordered to pay £17,500 in court costs after instructing a worker to clean a moving conveyor that trapped and mangled his arm, requiring it to be amputated.
Paul James pleaded guilty to two breaches of Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998, brought under Section 37 of the Health and Safety at Work etc Act 1974. The charges were brought by the Health and Safety Executive (HSE) and related to separate incidents where two employees were severely injured.
The court heard that Mr James was a director of James Environmental Ltd when both incidents occurred at the company’s premises in Islip. Mr James put the company into voluntary liquidation three days after the case was committed to the Crown Court.
The first incident occurred on 26 August 2006 when employee Zeke Mabbutt was cleaning near an unguarded roller on the conveyor belt. He had been instructed by Mr James to put his hand in between the belts on the conveyor and scoop out debris that was sticking to the roller with the machine running.
When reaching into the conveyor to clean the roller, Mr Mabbutt’s right arm was drawn in by the belt and crushed. His injuries were so severe his arm had to be amputated just below the shoulder.
The second incident occurred at the premises on 3 October 2007 when Mr Mabbutt’s replacement at the firm, Danny Bedford, also reached into the conveyor belt by the roller to clear some debris. He did this because he had seen Mr James and other employees clear debris in this way.
The guard which should have covered the roller was not properly fixed in place and as Mr Bedford reached in to snatch the debris out, he too had his arm pulled in by the belt. Although Mr Bedford did not lose his arm, he is still undergoing operations on the injured limb.
In sentencing Mr James, Judge Charles Wide QC said it was perfectly clear from the injuries suffered by the two employees that Mr James had a slap-dash approach to safety.
Neil Craig, HSE Principal Inspector, said: ‘Paul James’ blatant disregard for health and safety has had disastrous consequences for these two young men. You would think that after Mr Mabbutt’s accident he would have made absolutely sure that it would not happen again. But 14 months later Mr Bedford was injured in almost exactly the same way.
‘As managing director, Paul James was instrumental in both of these incidents. For this reason the HSE took the decision to prosecute him as an individual rather than proceed against his company.’
Mr Craig added: ‘The outcome of these proceedings should serve as a stark reminder to company directors that they can be held personally liable and cannot hide behind their corporate entities.’
Paul James pleaded guilty to two breaches of Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998, brought under Section 37 of the Health and Safety at Work etc Act 1974. The charges were brought by the Health and Safety Executive (HSE) and related to separate incidents where two employees were severely injured.
The court heard that Mr James was a director of James Environmental Ltd when both incidents occurred at the company’s premises in Islip. Mr James put the company into voluntary liquidation three days after the case was committed to the Crown Court.
The first incident occurred on 26 August 2006 when employee Zeke Mabbutt was cleaning near an unguarded roller on the conveyor belt. He had been instructed by Mr James to put his hand in between the belts on the conveyor and scoop out debris that was sticking to the roller with the machine running.
When reaching into the conveyor to clean the roller, Mr Mabbutt’s right arm was drawn in by the belt and crushed. His injuries were so severe his arm had to be amputated just below the shoulder.
The second incident occurred at the premises on 3 October 2007 when Mr Mabbutt’s replacement at the firm, Danny Bedford, also reached into the conveyor belt by the roller to clear some debris. He did this because he had seen Mr James and other employees clear debris in this way.
The guard which should have covered the roller was not properly fixed in place and as Mr Bedford reached in to snatch the debris out, he too had his arm pulled in by the belt. Although Mr Bedford did not lose his arm, he is still undergoing operations on the injured limb.
In sentencing Mr James, Judge Charles Wide QC said it was perfectly clear from the injuries suffered by the two employees that Mr James had a slap-dash approach to safety.
Neil Craig, HSE Principal Inspector, said: ‘Paul James’ blatant disregard for health and safety has had disastrous consequences for these two young men. You would think that after Mr Mabbutt’s accident he would have made absolutely sure that it would not happen again. But 14 months later Mr Bedford was injured in almost exactly the same way.
‘As managing director, Paul James was instrumental in both of these incidents. For this reason the HSE took the decision to prosecute him as an individual rather than proceed against his company.’
Mr Craig added: ‘The outcome of these proceedings should serve as a stark reminder to company directors that they can be held personally liable and cannot hide behind their corporate entities.’
