The two employees of Galloway and MacLeod Ltd, Stonehouse, Lanarkshire, were killed on 26 November 2005, when they were cleaning inside an animal feed mixer which started up unexpectedly and without warning. Peter Brown and Charles Lee Hinshelwood were found fatally injured inside the mixer.
Galloway and MacLeod Ltd were fined £18,750 (£25,000) at Hamilton Sheriff Court today after pleading guilty to a charge under Regulation 16 of the Provision and Use of Work Equipment Regulations 1998. In addition, Barr Electrical Contractors Ltd were fined £45,000 (£60,000) after pleading guilty to a charge under Section 3(1) of the Health and Safety at Work etc Act 1974. Both fines were reduced by 25% following guilty pleas being tendered.
HSE Principal Specialist Inspector (Electrical Engineering) John Madden said: "This incident, involving the tragic deaths of two men, could have been easily prevented if the power supply to the machine they were working on had been properly isolated. The process of isolation means establishing a break in the power supply, normally by using a lockable switch, and then securing the switch in the 'off' position using a padlock to prevent it being switched back on until the work is finished.
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"Our investigations showed that the power supply to the mixer was not properly isolated and that a wiring error inside the mixer control system meant the switches the men had used to turn the machine off were bypassed, allowing the machine to start up under computer control."
Area Procurator Fiscal for Lanarkshire, Janet Cameron, said: "This tragic case has highlighted the critical importance of employers meticulously adhering to their legal requirements in terms of health and safety legislation.
"As prosecutors, we are absolutely committed to continuing to work closely with colleagues in the HSE to thoroughly investigate and prosecute these complex and often distressing cases, to ensure that a strong message is sent out to those companies who fail to comply with their legal duties. Our thoughts in this case very much remain with the families of Peter Brown and Charles Lee Hinshelwood."
The two men were cleaning the inside of the feed mixer when the mixing paddles inside it started to rotate, resulting in their fatal injuries. Although the men had switched the machine off and pressed the emergency stop button prior to entering it, a wiring error in the machine's control system allowed it to start up under the control of a computer system. If the electrical power supply to the machine had been isolated, it would not have been possible for it to have started while the men were working inside it, even with the wiring error in the control system.
(GK/JM)
