Recycling company fined over £2 million after man is struck and killed at its waste site

28 February 2024

A recycling company, Ward Recycling Limited, has been fined £2.15 million after an agency worker was struck and killed by a loading shovel at its waste site.

Dean Atkinson was returning from the site’s welfare cabins to his workstation on the picking line. He was required to walk across a traffic area at the site where he was fatally run over by a loading shovel.

A Health and Safety Executive (HSE) investigation identified that the company did not have simple safety measures in place. Namely, the company failed to provide suitable arrangements for segregation between vehicles and pedestrians. HSE inspector, Stephen Garner said that the death could have been prevented had the company implemented an alternative traffic route for pedestrians at its site.

On 26 January 2024, the company was found guilty of corporate manslaughter and fined £1.75m. The company was also found guilty of breaching health and safety regulations and fined a further £400,000.

This case comes not long after a national bus company was fined £32,000 after a cleaner was struck and killed by a bus at the company’s depot. Although the facts are similar, the substantially lower fine in this case is because the company did have safety measures in place at the time of the accident. The comparison between these cases highlights the importance for operators to ensure that they have the appropriate health and safety measures in place.

HSE guidance on workplace transport safety measures including the requirement to provide suitable separation between pedestrians and vehicles is set out here – guidance on workplace transport. Please contact Backhouse Jones Solicitors regulatory team here for advice and assistance in relation to health and safety measures.