Waste Recycling Company Fined £200,000 for Corporate Manslaughter
This case shows the drastic consequences of failing to properly guard and maintain machinery and failing to adequately train staff on how to operate machinery.
In 2017, Dale McClelland, 23, was working at a facility in Cornwall operated by H&A Recycling Ltd when he became trapped in a baling machine he had been using. Tragically, the entrapment was fatal.
A 3-year investigation into Mr McClelland’s death then took place which was led by Devon and Cornwall Police and the Health and Safety Executive (HSE).
The investigation found several systematic failings associated with staff safety, training, risk assessments and supervision at the site. Of considerable concern, was how machinery was being used at the site, this included the baling machine which fatally injured Mr McClelland. Following the investigation, H&A Recycling Ltd were charged.
On 4th September, the company pleaded guilty at Truro Crown Court to corporate manslaughter.
On 13th November 2020, the company was sentenced at Plymouth Crown Court to pay a £200,000 fine with additional costs of almost £46,000.
In 2017, Dale McClelland, 23, was working at a facility in Cornwall operated by H&A Recycling Ltd when he became trapped in a baling machine he had been using. Tragically, the entrapment was fatal.
A 3-year investigation into Mr McClelland’s death then took place which was led by Devon and Cornwall Police and the Health and Safety Executive (HSE).
The investigation found several systematic failings associated with staff safety, training, risk assessments and supervision at the site. Of considerable concern, was how machinery was being used at the site, this included the baling machine which fatally injured Mr McClelland. Following the investigation, H&A Recycling Ltd were charged.
On 4th September, the company pleaded guilty at Truro Crown Court to corporate manslaughter.
On 13th November 2020, the company was sentenced at Plymouth Crown Court to pay a £200,000 fine with additional costs of almost £46,000.
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In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
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DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
