Scotts fined £80,000

Horticulture company Scotts (UK), whose brands include Miracle-Gro and Weedol, has been fined £80,000 after a 54-year-old employee was trapped and fatally injured in a baling machine.

Geoffrey Burnitt, an experienced baler operator, was crushed by hydraulic equipment in a baling enclosure at Scotts' premises at Stainforth Moor Peat Works in Thorne near Doncaster in March 2006. The baling machine was being used to pack bark chippings for the Focus DIY chain.

No one witnessed the accident, but it's believed Burnitt - who had worked at the site for more than 20 years - entered the enclosure to sort out a problem and inadvertently activated a sensor, which started up the machine. The machinery would have taken almost five minutes to stop completely.

Colleagues returning from a break a short time later found Burnitt slumped on the floor underneath the baler's hydraulic arm, which lifts empty bags. He died four days later from crushing injuries to his chest. In January, an inquest returned a verdict of accidental death.

HSE inspector Richard Noble said the incident could have been prevented if Scotts had properly secured the enclosure to stop people entering. Sheffield Crown Court heard that the safety gate to the baling enclosure hadn't been properly secured for four days before the incident, even though mending it would have taken less than an hour. It had been tied shut with cable ties - rather than being locked electronically - and a handwritten cardboard notice had been placed on it, which said "Gate switch not connected. Do not open gate".

Noble said that it was "not good enough at any time to rely on temporary or makeshift arrangements in the hope that these will be adequate for safe working.

"When any repair work or new installation is undertaken, risk assessments must be updated and appropriate measures taken to ensure the safety of employees."

The Scotts Company (UK), which is based in Goldalming in Surrey, admitted failing to take reasonable steps to ensure Burnitt's safety, as required by Section 2(1) of the Health and Safety at Work Act. On 12 November at Sheffield Crown Court, Judge Graham Robinson fined the firm £80,000 and ordered it to pay £19,962 costs. He said Burnitt had deserved protection at work.

Mark Bishop, defending, told the court the company had taken steps to prevent such an incident happening again.

The Scotts Company is based in Ohio and has 5000 employees worldwide. Its UK arm was formed through acquisition in 1996.

Article created by Editor. (info@safetynetscotland.co.uk)