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16 September 2005 - Director Receives
Custodial Sentence for Avoidable Death
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A company Director, Paul White of Drayton, has received a
custodial sentence at Norwich Crown Court, following his plea of guilty to a
manslaughter charge which caused the death of a 36 year old employee, Mr. Kevin
Arnup, at M. W. White Ltd of Ketteringham, Norwich re-cycling plant, in
December 2003.
The accident was investigated jointly by Norfolk Constabulary
CID and Health and Safety Executive (HSE) Inspectors, where it was found that
the fatality of Mr. Arnup in the paper-shredding machine, which he had climbed
into to clear blockages, could have been prevented had the following been taken
on board by Paul White:
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Advice given by the company's health and safety consultant was
not heeded, therefore health and safety standards fell.
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There had been a local electrical isolator provided for the
machinery.
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There had been a safe system in place for clearing of blockages
within the paper-shredding machine.
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The electrical controls for the machine had not been
contaminated with dust.
Mr. Arnup was attempting to clear blockages within the machine.
However, the machine started, fatally injuring him as a series of hammers within
the machine projecting 15cm from a shaft, revolved at high speed.
Minister for Health and Safety, Lord Hunt commented:
"Tragic incidents in the workplace such as this are totally preventable.
All employers must make the welfare of their employees a top priority by
ensuring that safe systems of work are provided and maintained.
"There is also a need to make certain that employees are properly
instructed in how to operate machinery to guard against any threat of injury
or death."
Mr. Paul Carter, HSE investigating Principal Inspector said:
"This was a horrific incident that was entirely foreseeable. Isolating
the machinery, a safe system of work for clearing blockages, together with
adequate instruction, training and supervision of Paul White's staff would
have prevented this incident. Evidence showed that Paul White chose not to
follow the advice of his health and safety consultant and instead adopted a
complacent attitude allowing the standards in his paper recycling business to
fall.
"I encourage all employers to take a fresh look at their business
activities, review their risk assessments to ensure that sensible control
measures are in place and that employees understand what is expected of them."
Mr. David Bergman, Director of the Centre for Corporate Accountability,
said:
"Company directors and managers need to be aware that more work-related
deaths are now being subject to proper police investigation than ever before
and more manslaughter prosecutions are resulting. Courts are also increasingly
willing to impose sentences of imprisonment following manslaughter
convictions"
Paul White was given a twelve months sentence, with a term of 6 months
imprisonment and the remainder released under a supervision order.
The company received a fine of £30,000 under the section 2(1) of
the Health and Safety at Work Act, (HSWA) with costs awarded to HSE and CPS of
£55,000. These costs to be paid equally between Mr. White and his
company. No sentence was passed under section 37(1) of HSWA.
The Centre for Corporate Accountability website has a free
advice service available for those bereaved, seeking advice on injuries at work
etc which can be accessed by clicking the following:
Centre for Corporate Accountability
Article by Alexandra Johnston
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