Gloucestershire businessman avoids jail over worker's death

Martin Simmons' arms got trapped in the mechanics, crushing an artery in his neck and leading to brain damage

A company director has avoided jail following a health and safety breach that led to the death of his employee.

Martin Simmons, 38, died 15 days after his arm got stuck in a conveyor belt, crushing an artery in his neck in 2019.

Kyle Gettings, 35, director of Capital Metals Ltd, which traded in Sling, Gloucestershire, was given a suspended six-month jail term on Friday.

In court, Mr Simmons' mother Janet remembered her son as "a lovely person who was loved by so many people".

During sentencing at Bristol Crown Court, Mr Gettings, of Marten Road, Chepstow, was also ordered to do 100 hours of unpaid work and to pay a £2,500 fine and £3,000 costs after admitting he failed to ensure the health and safety of employees at his company workshop.

The businessman was found not guilty of manslaughter at Gloucester Crown Court last month.

Mr Simmons' sisters said his death could have been avoided

Before the judge passed sentence, Mr Simmons' mother Janet told of her heartbreak at losing her son and the trauma of seeing him in intensive care until he died on 6 March 2019, a fortnight after the accident.

"To see him connected to all the life support equipment was so very, very difficult," she said.

Mr Simmons' sister Laura, 37, said her brother's death could have been avoided.

"He's lost a life, we've lost a brother, Mum's lost a son, all because checks wasn't done properly," she said.

"He lost the chance to turn 40."

She explained that her brother had missed his son starting secondary school and did not have the chance to get married.

Claire Simmons wrote a poem for her brother after his death

Claire Simmons, 30, said it had been "really hard" and "very emotional" to process what had happened to her "amazing brother".

She described Mr Simmons as a "barrel of laughs" and said she couldn't have asked for a better brother.

"He looked after me when I was at my lowest," she said.

"He left a hole in our hearts because he filled it before."

'Bodged job'

The jury at last month's trial heard that the shredding machine had only just been installed at the factory.

Mr Simmons' arm became trapped between a roller and a pulley on a conveyor belt of the machine on 20 February 2019.

Prosecutor Phillip Stott said the installation of the machinery had been a 'bodged job" and it was only a matter of time before an accident happened.

At court on Friday, Mr Stott outlined the eight areas of fault which he said were aspects of the health and safety charge Mr Gettings had admitted - the principal one being that there was no safety guard on the machine.

Judge William Hart said: "Even if all the shortcomings had not been addressed but the guarding had been provided this accident would not have happened."