DCSIMG

Director fined after employee loses arm

A businessman has been fined £60,000 after ordering a worker to clean a moving machine which trapped and mangled his arm, requiring it to be amputated.

Paul James, 58, of Cranford pleaded guilty to two breaches Health and Safety At Work etc Act 1974.

The charges, brought by the Health and Safety Executive (HSE) related to separate incidents where two employees were severely injured.

Mr James was also ordered to pay 17,500 in court costs.

The court heard James was a director of James Environmental when both incidents occurred at the company's premises at Islip Furnace Industrial Estate, Kettering Road, in Islip.

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

The first incident happened on August 26, 2006 when employee Zeke Mabbutt, from Burton Latimer was cleaning near an unguarded roller on a conveyor belt.

He had been instructed by James to put his hand in between the belts on the conveyor and scoop out the rubber debris that was sticking to the roller with the machine running.

When reaching into the conveyor to clean the roller, 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.

A second incident happened on October 3, 2007 when Mr Mabbutt's replacement at the firm, Danny Bedford, reached into the conveyor belt by the roller to clear some shredded tyre.

He did this as he had seen James and other employees 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 out, he too had his arm pulled in by the belt and around the roller.

Although Mr Bedford did not lose his arm he is still undergoing operations on his arm.

In sentencing, Judge Charles Wide QC said: "It is perfectly clear to me from accidents suffered by Mr Mabbutt and Mr Bedford that you had a slap-dash approach to safety. These very serious matters amount to cost-cutting for profit."

Neil Craig, HSE Principal Inspector 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.

"As managing director, Paul James was instrumental in both of these 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."


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