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A video shows the shocking behavior of staff at a recycling plant in Cornwall, where a man tragically died after being trapped in a baler.
Dale Mcclelland, 23, of Redruth, was killed on November 16, 2017, after being trapped inside a baler that was operating at H&A Recycling Limited on the Cardrew Industrial Estate. He died at the scene.
The company, which handles commercial waste recycling, pleaded guilty to manslaughter and was sentenced today in Plymouth Crown Court.
The company has been fined £ 200,000 and told to pay additional costs of almost £ 46,000 to cover processing by the Health and Safety Executive.
A video posted by Devon and Cornwall police that was shown in court showed staff members playing fighting vehicles and racing through the factory.
Charges were brought against the Redruth-based company following a complex three-year investigation into Dale’s death by Devon and Cornwall police and the HSE, and an extensive relationship with the Crown Prosecution Service (CPS).
On September 4, the company pleaded guilty in Truro Crown Court to corporate manslaughter, against Section 1 (1) of the Corporate Homicide and Corporate Homicide Act of 2007, and breach of duty, imposed by Section 2 (1) and contrary to Section 33 (1) (a) of the Health and Safety at Work Act of 1974.
Today (November 13), almost three years after Dale’s death, the company was sentenced in Plymouth Crown Court.
The judge said the packing machine, which a poorly trained colleague turned on with Dale in it, was not fit for purpose and frequently locked up and workers regularly climbed on or off the packing house to remove the blockages. The judge said there was no locking mechanism that could have turned the machine off when someone was inside and there were no proper guardrails.
He referred to CCTV (which you can see at the top of this article) that closed circuit television that shows an employee driving a forklift to spin a wheel and others going down chutes into piles of garbage. Two employees were seen fighting and one worker hid in the trash by riding a conveyor belt and then jumped up to surprise his colleague, he also told the court. Read the full story here.
This is believed to be the first corporate homicide prosecution within the Devon and Cornwall area under the Corporate Homicide and Corporate Homicide Act of 2007.
Detective Inspector Steve Hambly, Senior Investigative Officer, Devon and Cornwall Felony Investigation Team, said the investigation showed a number of systematic failures in personnel safety, training, risk assessments and oversight. Of particular concern to all agencies involved was the way the machinery had been used, including the packaging machine involved in Dale’s death.
DI Hambly added: “This three-year investigation is a testament to the hard work and good working relationships between the different agencies and the positive bond with CPS. It serves as a warning to all employers that the safety of their staff must be at the heart of the way they do business. It was not acceptable to expose Dale to the risks that were discovered during this investigation.
“The research team would like to acknowledge that Dale’s family and friends have conducted themselves with dignity and demonstrated great patience during this lengthy, technical and challenging investigation. This result can never bring Dale back to them, but today’s ruling tells everyone that Dale’s death was completely preventable and should not have happened. “
After the hearing, HSE inspector Simon Jones said: “The protection standards found at the recycling plant during the investigation were some of the worst I have seen in 20 years. All employers should ensure that machinery is always properly protected and maintained and that employees receive adequate training to enable them to work safely. If the H&A Recycling Ltd packinghouse had been properly protected and maintained, this terrible incident would not have occurred. “
Today his family paid tribute to a “family man with a heart of gold” and urged all companies to ensure that health and safety standards are the highest possible.
They said, “Dale was an amazing son, father, brother, fiance, uncle, grandson, nephew, godfather, cousin and friend.
“He was good-hearted and went out of his way for anyone he met. He had a heart of gold and was always the life of the party. Dale was a very family oriented man and will always be missed and loved by all of his family and friends. It is a pain in our heart that will never go away.
“As a family, we hope this dire situation will bring other companies to the fore and make sure their health and safety are at the highest possible level.”
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