Firm receives £2 million fine after death of agency worker

A recycling company has received a fine of £2.15million after the death of an agency worker by a loading shovel on site.

The worker, Dean Atkinson, passed away after being run over by a loading shovel on the site of Ward Recycling Limited on Longhill Industrial Estate in January of 2020.

The Health and Safety Executive (HSE) stated that Mr. Atkinson’s death could have been avoided if Ward Recycling had a separate traffic route for pedestrians on its premises.

The HSE has guidance on workplace transport, including simple measures such as having suitable separation between pedestrians and vehicles.

Mr. Atkinson, 32, had been walking from the site’s welfare cabins, heading towards the picking line to resume his duties at his workstation.

In doing so, he was required to pass through the traffic area of the site where mobile plant vehicles, including two loading shovels were located. One of the loading shovels hit Mr. Atkinson, killing him as he walked through the traffic area on foot.

The death triggered investigations from the HSE and Cleveland Police, resulting in Ward Recycling eventually being prosecuted by the Crown Prosecution Service (CPS).

Middlesborough Crown Court reached a verdict of corporate manslaughter and breaching health and safety regulations when the trial concluded last month.

The HSE’s investigation found that Ward Recycling, which entered liquidation in 2021, failed to ensure the safety of pedestrians regarding the mobile plant operations also taking place on site.

There were no suitable traffic management arrangements active on site, which put pedestrians at risk of being struck by vehicles, including loading shovels.

The HSE’s visibility assessment found that there was an area covering almost 10 metres in front of the vehicle which could be obscured from the view of the vehicle operator.

Ward Recycling Limited was found guilty of breaching Section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007, Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974.

The company received a fine of £1.75m for corporate manslaughter and £400,000 for breaching health and safety regulations from Middlesbrough Crown Court on the 26th of January 2024.

Health and Safety inspector Stephen Garner said:

“This tragic incident could easily have been avoided if Ward Recycling had implemented simple control measures. Following the incident, it took the company less than a week to put in place an alternative traffic route to protect pedestrians.”

“Had this been in place before the incident, Dean Atkinson would not have lost his life. Sadly, pedestrians being struck by vehicles on waste sites has caused many fatal accidents on waste sites and the industry should be well aware of the risks.”