Firm fined after factory worker crushed to death

Paul Whalley died from crush asphyxia after becoming trapped in an unguarded machine

A plastics conversion company has been fined more than £250,000 following the death of an employee who became trapped in an unguarded machine.

Paul Whalley, 46, died at Reflex Flexible Packaging Ltd's factory in Amber Drive, Langley Mill, Derbyshire, on 29 May 2020, when he entered an opening in the side of a plastic conversion machine that permitted whole-body access to dangerous moving parts.

The Health and Safety Executive (HSE) said the area had "several unguarded mechanisms" with failures to carry out suitable and sufficient risk assessment.

The company, of Hamilton Way, Mansfield, Nottinghamshire, was fined £277,500 and ordered to pay £20,000 in costs at Derby Crown Court on Wednesday.

The accident happened at Reflex Flexible Packaging's factory in May 2020

During its investigation, the HSE said the firm had not installed "appropriate guarding" to prevent access to dangerous parts and had no written safe systems of work or isolation procedures in place.

Despite emergency services cutting conveyor belts and rollers to free him, Mr Whalley died from crush asphyxia.

At the court hearing, the company pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act 1974.

HSE guidance states that employers must take effective measures to prevent access to dangerous parts of machinery.

This involves fixed guarding, but where routine access is required, interlocked guards may be needed to stop movement before a person can reach the dangerous section.

'Wholly avoidable'

Following the hearing, HSE inspector Lee Greatorex said the incident could have been "easily prevented" if "suitable and sufficient risk assessment" had taken place.

"The accident is made worse by the fact that the company's own internal health and safety department had identified a lack of risk assessments 18 months before the accident, but no follow-up action was taken to remedy this failing," said Mr Greatorex.

"This wholly avoidable incident was caused by the failure of Reflex Flexible Packaging Ltd to guard the dangerous parts of the machine Mr Whalley was operating.

"It was obvious that these moving parts were not guarded and presented a clear risk of injury.

"Had the company fitted suitable guarding, this fatality would not have occurred."