The UK’s biggest confectionery firm has been fined £300,000 over a “totally preventable” accident in which one of its employees was fatally crushed in a sweet-making machine.
Tangerine Confectionery, headquartered in Blackpool, was sentenced at Bournemouth Crown Court yesterday (22 April) in relation to the death of Martin Pejril at its factory in Poole, Dorset. The company manufactures such well-known brands as Barratt Sherbet Fountains, Princess Marshmallows, and Butterkist Popcorn.
During a two-week trial in March, the court head that Mr Pejril, a Czech-born starch-room operator, was clearing a blockage in a machine in February 2008. The machine makes jelly sweets and handles a good deal of sticky and sweet material. Blockages were therefore common, with one witness telling the court there could be up to 40 in any one shift.
HSE inspector Simon Jones, who investigated and prosecuted the case, told SHP that various methods for clearing blockages were used, depending on the problem. He said: “Simple blockages maybe just involved removing a tray, whereas complicated ones required an engineer to be called in. This case was a complicated blockage – an engineer was on site, the line leader was involved, and an instruction was given to Martin Pejril to take trays off the end of the machine.”
As he was doing so, a switch was triggered, which restarted the machine to deliver more trays. Mr Pejril became trapped in the mechanism and was crushed. He was pronounced dead at the scene.
The court was told that there was no safe system to isolate the machine, and that Mr Pejril was a well-regarded and diligent worker. According to inspector Jones, the question therefore was: “Why would a conscientious worker like Martin do what he did unless he thought the machine was isolated?”
Tangerine Confectionery Ltd pleaded not guilty to breaches of s2(1) of the HSWA 1974 and reg.3(1)(a) of the Management of Health and Safety at Work Regulations 1999 but the jury took just one hour to return a unanimous guilty verdict on both counts. The company was fined £150,000 for each failure and ordered to pay full HSE costs of £72,901.65.
Immediately after the accident, the company, in consultation with inspector Jones, carried out a risk assessment, which hadn’t been done before. It also introduced a safe system of work and witnesses at the trial said the new system did not affect productivity. According to the inspector, one even said it improved productivity.
Said inspector Jones: “The size of the fine reflects the seriousness of the offence and the fact it was a totally preventable accident. Martin Pejril was a well-regarded and diligent worker. The judge said that taking all matters into account, he got into that position because of a miscommunication and an unsafe system of work. The accident should never have happened. The size of the fine should also send a message to shareholders.”
However, Tangerine Confectionery expressed its disappointment at the conviction and said it is considering an appeal. In a statement released after the sentencing, the company said: “Tangerine Confectionery is committed to maintaining and investing in the highest possible safety standards. Our sympathies remain with Mr Pejril’s family for this tragic accident.”
Inspector Jones concluded: “This tragic case highlights the need to ensure that machines are safely isolated before any maintenance takes place so it cannot unexpectedly start up. Simply pressing a stop button does not adequately isolate a machine.€ﾨ
“If the machine in this case had been properly isolated from the electrical power source before Mr Pejril attempted to clear the blockage, this accident would never have happened. A proper risk assessment would have highlighted the dangers of entrapment. All employees need to be adequately trained in correct company procedures – whether it’s for clearing blockages, operating machines, or any other high-risk activity.”
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