Health & safety - 04.05.2023

Recycler convicted of corporate manslaughter

Collision

FDS Waste Services Ltd (F) specialises in waste recycling and disposal. In December 2018, Mr Mohamed (M) was working as a “totter”, removing large items that could block the machinery. A wheeled shovel loader was operating in the same yard, moving waste onto a conveyor. The shovel loader hit M as it was reversing, and he died of his injuries.

“Fundamentally unsafe”

A joint investigation by the HSE and police uncovered what was later described in court as “lax and complacent” management of the site, leading to “fundamentally unsafe” working practices. For example, the glass in the shovel loader’s wing mirror was missing and its reversing camera was turned off. Tip. Vehicles posed an obvious risk in this workplace, but most employers need to assess these risks, even if vehicles are only found in the staff car park or when deliveries arrive. For a workplace transport checklist click here .

Segregation required. F did not segregate pedestrians from vehicles, nor did it implement a safe system of work in the yard. Ideally, pedestrians and vehicles should not share the same area. If this cannot be avoided, effective protective measures are needed, like physical barriers and safe waiting areas for pedestrians.

Manage the traffic. There’s a lot more to keeping pedestrians safe than handing out hi-vis. For a sample traffic management plan click here . It’s easy for workers to become oblivious to the risks if they routinely work in and around vehicles, so effective supervision is fundamental to implementing such a plan.

Previous incidents

The firm also faced charges over injuries sustained by another employee who had become trapped in a conveyor while trying to remove a blockage. There had even been a previous collision between a pedestrian and a vehicle. Nobody was injured, but the incident should have prompted an urgent review of F’s traffic management plan.

Convicted

F was charged with corporate manslaughter under s.1(1) Corporate Manslaughter and Corporate Homicide Act 2007 and two counts of failing to safeguard its employees under s.2(1) Health and Safety at Work etc. Act 1974 . Usually, health and safety charges suffice, even for fatal accidents; the court can impose similarly weighty fines as for corporate manslaughter, but the offences are more straightforward to prove.

Serious cases. Corporate manslaughter charges are reserved for the most egregious cases, where the way in which a company is run led to loss of life. The safety culture within F was revealed to be lax, with evidence of various health and safety breaches. The company did not accept that it had done anything wrong, but it was found guilty following a trial and fined £640,000, plus £60,000 in costs.

Director sentenced. Directors are commonly charged alongside their companies and F’s director was found guilty of failing to safeguard M. He was given a six-month prison sentence, suspended for twelve months. Tip. Accidents do happen, even in well-run workplaces. The authorities come down hardest on employers that ignore safety, so being able to demonstrate legal compliance by providing evidence of risk assessments, training and monitoring will help your case. HSE guidance is a good place to start, click here .