James Bibby, 25, and Thomas Elmer, 27, were both killed when carrying out maintenance work on a conveyor belt at the Sonae Industria (UK) plant in Kirkby, Merseyside in December 2010 – in what the Health and Safety Executive (HSE)'s principal inspector Mike Sebastian called “the most horrific case” he had seen.
Liverpool Crown Court heard that Elmer, employed at the time by Metso Paper and Bibby, who worked as a Metso contractor had been asked to replace part of conveyor belt at the plant.
While carrying out the work the conveyor suddenly and unexpectedly started to operate, dragging both men into the machinery causing catastrophic fatal injuries.
An investigation by the HSE found multiple failings by both companies to properly assess the risks associated with the work.
Among other failures, it found Sonae Industria (UK) had not properly assessed the risks associated with the work on the conveyor or shared these with contractors. It also did not have in place a proper process for managing contractors or a procedure for isolating dangerous machinery, and failed to train or check the competence of workers.
Finnish pulp and paper technology and service supplier Valmet acquired Metso in 2013. It was prosecuted for failing to ensure the site its workers were visiting had sufficient risk assessments and processes in place.
It also failed to ensure its workers and contractors had adequate training for the tasks to be carried out or provided with the necessary information on the work they were being asked to perform, the court found.
Both companies pleaded guilty to breaching Section 2 of the Health and Safety at Work etc Act 1974, and Valmet also admitted to breaching Section 3. Sonae was fined £220,000 and Valmet £190,000. Both must pay costs of £107,000 each.
Following the case, Sebastian said: “James Bibby and Thomas Elmer should not have died. This is perhaps the most horrific case I have ever had to deal with and has had a devastating effect on both families.
“Carrying out straightforward risk assessments is about protecting workers from serious harm, suffering life-changing injuries or, in this tragic case, death.
“If both companies had put in place the simple steps to protect their workers’ safety these two young men would still be with us today.”
James Bibby’s mother Bev Bibby said: “The day James died it felt like someone had ripped inside my body and taken half my heart away. My younger son works in the same industry and faces everyday doing the same job, knowing his brother died because of someone else’s negligence. I worry every day history will repeat itself.”
The year after the accident a fire caused extensive damage at the Sonae plant. In 2012 it closed, with the loss of 220 jobs.
