Firm fined £1.3m after worker killed by machinery

Autostructures UK, formerly GKN Autostructures, admitted a charge of failing to discharge the employer's general duty under the Health and Safety Act

An employee who was struck in the head by a piece of machinery died four days later, a court heard.

Telford-based Autostructures UK, formerly known as GKN Autostructures, had failed to fit a protective guard on a flywheel for two years, despite concerns raised by staff, Stafford Crown Court was told.

On 13 December 2018, 47-year-old employee Steven Westbrook was struck by the flywheel and died four days later in hospital, as a result of head injuries.

Judge Mr Justice Turner KC said there was "no excuse" for the missing guard and "the steps that needed to be taken to make the machine safer were neither complicated nor costly". The firm admitted health and safety breaches and was fined £1.3m.

On top of the fine, he ordered the company to pay £16,284 in costs and said: "A properly-run company would never have allowed this dangerous state of affairs to arise.

"The dangers are obvious and the legal requirement mandating the need to fence off dangerous machinery in factories has been in place for well over 100 years."

Stafford Crown Court heard Steven Westbrook was hit by an unguarded flywheel

Mr Spencer-Compton told the court it was unclear why the guard to the flywheel had been removed, but if it had been replaced the machine would have been safe.

The court heard that on the day he was injured Mr Westbrook had been working close to a 2,250 tonne pressing machine at the factory in Hadley Castle, which was powered by a large flywheel that moved at high speed.

At about 22:00 GMT on 13 December 2018, another member of staff reported hearing a "thud" and seeing Mr Westbrook flung backwards.

The lead prosecutor, Allan Spencer-Compton KC, said Mr Westbrook was taken to hospital in Stoke with a fractured skull and shoulder having suffered a traumatic brain injury which he did not recover from.

In a statement, Mr Westbrook's wife, Suzanne, described him as her "childhood sweetheart" and said: "It was the hardest thing for me to witness Steven taking his last breath."

Mr Westbrook's mother, Joyce Westbrook, said it was "hard to describe the unbearable pain" she felt and said her son's death had been "preventable".

'Accident waiting to happen'

He said this was the "central issue" in the case, but evidence from staff suggested the management of maintenance at the factory had "broken down" and that employees did not know who was responsible.

Training for employees was "haphazard" and appeared to be "learn as you go", the court was told.

Mr Spencer-Compton also said repeated complaints about the dangers of the unguarded flywheel at health and safety meetings had gone unheeded.

The court was shown footage of the machine and heard employees had said being close to it was "terrifying".

Mr Spencer Compton said it was "sadly, an accident waiting to happen".

In July, four people who were separately charged with health and safety breaches following the death of Mr Westbrook, were acquitted at Manchester Crown Court.

But at Stafford Crown Court, Autostructures UK admitted a charge of failing to discharge the employer's general duty under the Health and Safety Act.

'Staff safety not followed'

James Leonard KC, who represented the company in court, said it accepted Mr Westbrook's death "should never have happened" and the "fundamental problem is the fact the guard was not replaced".

However, he argued there were systems in place to ensure the safety of staff, which were not followed.

Mr Leonard also told the court the company had been "seriously affected" by the recent cyber-attack on Jaguar Land Rover, which he described as a "major customer" of Autostructures UK.

This has led to the loss of sales worth a "considerable value" and 19 employees being laid off.

With this in mind, the judge said he would adjust the deadline for the fine's payment, with the company ordered to pay it off over the next 12 months.