I came across today this Health and Safety Executive (HSE) report on the conviction last Friday of sugar giant Tate & Lyle over the death of one of its workers in 2004. Tate & Lyle have a refining factory in Silvertown and are an important employer in my borough Newham. They generally have a very good reputation. I am however shocked by three things about this avoidable death.
Firstly the “accident” occurred in March 2004 and has only now come to Court? Justice delayed is Justice denied?
Secondly the victim 53 year old Keith Webb died while he was in the cab of in a 9 tonne digger which was being hoisted by a crane from the dock inside a massive raw sugar container ship. The digger came away from the crane and crashed into the ship and then into the harbour killing Keith. Check out this article in the Independent.
How anyone ever thought that it was a safe practice to transport both driver and machine via a crane at the same time is beyond me? The risk must have been clearly and wholly foreseeable? The company has been fined £270,000 (and £90,000 costs) for serious managment failings but why hasn’t anyone been held individually responsible for this death? Hopefully recent changes to Corporate Manslaughter law will change things for the future (and help prevent such incidents happening again).
The Judge on Friday held that the death was the direct result of the company "failing to discharge its duty". It had not "provided and managed a proper means of access to ships being unloaded". He said it had also "failed to manage and control its staff properly to prevent being carried in vehicles lifted by crane". Although there were guidelines in place regarding the use of ladders "the unavoidable conclusion is that the actual practice on the site was that instructions were sometime ignored". "This is a serious failure of management and supervision for which the company must bear responsibility, and I sentence on that basis."
Last and not at all least thirdly "Above all, however, this is a human tragedy as Mr. Webb leaves a widow, two grown up children, and two grandchildren, one of whom he was sadly never able to meet. This terrible accident should never have been allowed to happen." HSE Inspector John Crooks.
Mr. Webb's widow Avril, who was present in court, said: "Although Keith died five years ago, for me, it's like yesterday. My husband was ripped from my life, from our family's lives. There was no illness to prepare us for our loss. "I'm still trying to fill the huge void left by his death, still trying to pick up the threads of a life that I can no longer enjoy. I am half of a whole person. I am no longer part of a couple."
Later this month it is European Health and Safety Week which will aptly concentrate on making sure that all work activities are covered by suitable and adequate risk assessments.
2 comments:
Thank you for this I'm Keith's daughter I got married in December without my dad by my side. The years it took to come to court were like living torture. My mum was forced to take a settlement by the bullying lawyers of Tate and lyle after they told her we would never win the case as my dad was at fault, he wasn't obviously just a normal human being working hard to make a living after they'd been told work faster or lose your job. Although money will never replace my dad it would have helped to secure my mum in her retirement and ease the stress of sorting out financial things. It will be 9 years that we lost dad and every day it still hurts like the day it happened. My kids miss their grandad
Hi
Very, sorry to hear this. It must have been an awful experience (and obviously it is still very painful).
I lost my father unexpectedly in 2002(in very different circumstances). It does still hurt.
But your story reminds me I must do more and try harder as a union safety rep.
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