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IN SEPTEMBER 2018’s edition of Skip Hire & Waste Magazine, I wrote a contribution where I mentioned the existing statistics for fatalities in the waste industry available up to 2017. Within the article, I suggested operators adopt a robust system to counter this. Surprise, surprise, and as readers may be aware, there were custodial sentences handed out to a Liverpool waste and recycling company – specifi cally to the company director, the maintenance manager and the safety manager – which were a result of an employee death after a waste baler machine automatically activated and crushed him. The employee suff ered haemorrhaging, shock and severe traumatic injury.


Unsafe machinery


The case was made more serious as the machine had remained in an unsafe condition for over fi ve years after the fatal accident and was seen as an aggravating factor that the machine was not taken out of use.


It is important to ‘Act’ now


Section 2 of the Health and Safety Act contains the main provisions for ensuring that an undertaking is performed safely and reads as follows:


ensure, so far as is reasonably practicable, the health, safety and welfare at work of all


“Section2(1) – it shall be the duty of every employer to


his employees.”


And the point relevant for this prosecution on the facts appears to be within Section 2(2), d:


THE RIGHT SIDE OF THE LAW


Avoid having to learn from mistakes by acting now


WASTE regulatory DOMINIC McNABB is an experienced solicitor in private practice with MJP solicitors. He has more than 20 years of experience defending both individuals and companies, in both criminal and regulatory legal-related matters.


CALL NOW: 07733 264226 dominic.mcnabb@mjpsolicitors.co.uk


“So far as reasonably practicable as regards any place of work under the employer’s control. The maintenance of it [machinery] in a condition that is safe without risk to health and the provision, and maintenance of means of access to and egress from it that are safe and without such risks.”


bypassed. The employee who died entered through an access door and then climbed inside to clear it. The hydraulic ram was automatically activated and he was crushed.


switches on the access door, which would be relied upon to cut the power when the door was opened, had been


Prior to the incident the


One of the frequent questions I am asked after an initial incident when HSE become involved is “what should the company’s response be?” Inevitably a review of safety


measures is essential and it is important to understand that clear evidence of learning from a mistake doesn’t inevitably avoid prosecution, or in this case a conviction.


‘Sorry’ is not good enough


As the factors which are taken into account are now available online the Sentencing Guidance is a useful guide to the appropriate response and is something I refer clients to notwithstanding they may be denying liability and seeking to give an explanation. The Guidance is useful to show the approach the courts take, while categorising factors between the degree of harm and culpability with a checklist for the aggravating and mitigating factors. It is always a question of choice as to how the company or individual respond but such cases are inevitably aggravated by a refusal to consider sensible options and a timely involvement of a lawyer at that stage has added value.


RETRACTION: In November 2018’s edition of Skip Hire & Waste Magazine on Page 13 a published sentenced stated Circle Waste’s Founders, Chris Dear and Mark Garwood sold the business for £23m in 2015 – this statement is inaccurate. The correct version of events was as follows: The Network Waste business was sold in 2015 for an undisclosed fee, during which the run-rate turnover for the company was at £23m. The Skip Hire & Waste Magazine team would foremost like to apologise to anyone who this statement may have caused any inconvenience to, as it was reported this error could potentially lead to all involved being misrepresented. As we’re at the helm of a leading UK & Ireland waste recycling publication, we endeavour to make sure all information we publish is accurate and error-free.


22 SHWM December, 2018 www.skiphiremagazine.co.uk


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