Death of worker in baler: company and director sentenced
Health and Safety Executive v Gaskell’s (North West) Ltd and Jonathan Gaskell (2018) Liverpool Crown Court, October 29
Statutory reference: ss. 2 and 37 of the Health and Safety at Work, Act 1974 (HSWA)
A waste and recycling company and its director have been sentenced after a worker was killed in a baling machine.
The facts
In December 2010 Zbigniew Galka, an employee of the company, was working at its site in Bootle.
The company used a machine to compress waste materials into small bales. The machine had a defeated interlock system which enabled workers to enter it while it was still working.
Galka entered the machine to clear a blockage. The machine activated and he suffered fatal injuries.
The safety interlock system had been defeated two months earlier. Poor maintenance meant that it required frequent operator intervention.
The machine could be operated while its guarding was open. This meant that it could operate, and production could continue, with the operator at serious risk of injury.
The decision
The company was fined £700,000 plus £99,000 costs under s.2 of HSWA.
Jonathan Gaskell, the company’s director, was sentenced to eight minths imprisonment under s.37 of HSWA.