The Health and Safety Executive (HSE) has prosecuted the director of a company who ordered an employee to clean a machine that was still running – resulting in an accident in which the worker lost his arm.

In August 2006, Zeke Mabbutt from Burton Latimer, Kettering in Northamptonshire was working for James Environmental Ltd at the company’s premises at Islip Furnace Industrial Estate, Kettering Road in Islip.

Mr Mabbutt was cleaning near an unguarded roller on a conveyor belt and had been instructed by his employer to put his hand between the belts of the conveyor while the machine was still running to scoop out rubber debris that was sticking to the roller.

When he reached into the conveyor, Mr Mabbutt’s right arm was drawn in by the belt and was crushed as it was forced around the roller. His injuries were so severe his arm had to be amputated just below the shoulder.

The court heard that a second similar incident at the firm occurred in October 2007, when Mr Mabbutt’s replacement at the firm, Danny Bedford, reached into the conveyor belt by the roller to clear away some remnants of shredded tyre. He did this because he had seen Mr James and other employees at the company clear debris in this way. 

The guard which covered the roller was not properly fixed in place and as Mr Bedford reached in to snatch the debris, his arm was also pulled in by the belt and around the roller. Although Mr Bedford did not lose his arm, he is still undergoing surgery for the injuries sustained.

On Tuesday, 10 November at Northampton Crown Court, Paul Richard Llewellyn James, 58, of Cranford, Northamptonshire, pleaded guilty to two breaches of Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998, brought under Section 37 of the Health and Safety at Work etc Act 1974.

The charges brought by the HSE related to the two separate incidents. Mr James was fined £60,000 and ordered to pay £17,500 in costs.

The judge presiding at the hearing, Judge Charles Wide QC told Mr James:

‘It is perfectly clear to me from accidents suffered by Mr Mabbutt and Mr Bedford that you had a slapdash approach to safety. These very serious matters amount to cost-cutting for profit.’

After the hearing, HSE Principal Inspector Neil Craig said:

‘Paul James’ blatant disregard for health and safety has had disastrous consequences for these two young men.

‘You would think that after Mr Mabbutt’s accident he would have made absolutely sure that it would not happen again – but 14 months later, Mr Bedford was injured in almost exactly the same way.’

Mr Craig said that, as the managing director, Paul James was ‘instrumental’ in both incidents.

‘For this reason HSE took the decision to prosecute him as an individual rather than proceed against his company. The outcome of today’s proceedings should serve as a stark reminder to company directors that they can be held personally liable and cannot hide behind their corporate entities,‘ said Mr Craig.

Mr James put the company into voluntary liquidation three days after the case was committed to the Crown Court.

© 5r1 Claims Limited 2009