Drowning In Pig Feed

Senior managers at food waste plant jailed and family business fined for staff drowning in pig feed.

Summary of pig incident

Three senior managers at a food waste recycling plant in Leicestershire have been handed prison sentences for gross negligence that resulted in two workers being overcome by toxic fumes and drowning in a road haulage tanker containing pig feed. The Newark-based family-owned and run business, which is being liquidated, has been fined £2 million.

The Leivers’ business, which produced bio-fuel and pig feed from recycled products and delivered the material using road haulage tankers, was found guilty of two counts of corporate manslaughter and fined £1 million for each of the fatalities.

CPS case

The Crown Prosecution Service (CPS) brought the case with the assistance of Leicestershire Police and the Health and Safety Executive (HSE) after two workers at Greenfeeds’ recycling plant in Normanton, Bottesford, Leicestershire, died on 22 December 2016. The investigation found a catalogue of health and safety failings.

Toxic pig feed air

On the afternoon of the incident, a yard staff member, 19-year-old Nathan Walker, was instructed to clean a haulage tanker that contained about six tonnes of semi-liquid pig feed.

During the cleaning process, he had entered the confined space through the tanker’s top hatch. The teenager, however, soon found it difficult to breathe. Overcome by toxic fumes, he fell into the animal feed.

Another worker, 35-year-old Gavin Rawson, heard what had happened and climbed through the hatch to pull Nathan out but was also overcome by the fumes and collapsed in the animal feed.

The investigation revealed that as well as toxic fumes from the food waste, there was a lack of oxygen and excess of carbon dioxide within the confined space. Neither employee had any breathing equipment to assist them.

Requirements

Under the Confined Spaces Regulations 1997, businesses are required to follow a hierarchy of controls. Entering the space is a last resort and should only be permitted when there is a safe working environment and breathing apparatus is provided.

Although Gillian Leivers knew of the risk but failed to ensure there was a safe system of work for cleaning the tankers.

This is a company that didn’t have arrangements for health and safety. It wasn’t planning for or managing the risks. It wasn’t supervising, it wasn’t monitoring and it didn’t provide any training for any of the yard staff. All that you would expect was absent.

Gillian’s son had also attempted to rescue Nathan but had to use a ladder to climb out of the tanker when he started to struggle to breathe.

Risks and prevention

Multiple fatalities are typical of these types of incidents but they are easily prevented by ensuring a safe system of work is established and employees are trained to understand the risks.

They should have been told about the risks and should have been trained not to go and attempt a rescue. It is critical when you are dealing with these well-known risks that those people who work for you understand that.

Emergency services used a saw to cut holes in the side of the tanker and pulled both men out but despite attempts to resuscitate them, they died at the scene. A post-mortem concluded drowning in animal feed as the cause of death.

The working method of entering the tank to clean it had not been properly risk assessed and there was also no method statement for entering the tanker or for rescuing anyone in the event of an incident.

Guilty charges for pig incident

All three managers had pleaded not guilty to the charges of corporate manslaughter. However, the company did plead guilty to failing to ensure, as far as is reasonably practicable, the health and safety and welfare of its employees, including Nathan Walker and Gavin Rawson to carry out cleaning work within confined spaces contrary to section 2(1) of the Health and Safety at Work Act between 1 July 2015 and 31 January 2017.

Gillian Leivers, who had directed the cleaning with Stewart Brown, was found guilty of two counts of gross negligence manslaughter. The court also found her guilty of breaching sections 2(1) and 37(1) of the HSW Act. She had failed to discharge her duty to ensure, so far as was reasonably practicable, the health, safety and welfare of Greenfeeds’ employees, including Nathan Walker and Gavin Rawson, in carrying out cleaning work within confined spaces, with her consent and/or connivance and/or neglect.

Disqualified as company director

Leicestershire Police reported that she has been disqualified for being a company director for 15 years.

As a director of Greenfeeds, her husband Ian Leivers was found guilty of breaching section 2(1) of the HSW Act as the court believed that the offence was committed with his consent, connivance or was attributable to his neglect. He has been disqualified from being a company director for 10 years.

Stewart Brown was found guilty of breaching section 7(a) of the HSW Act for failing to take reasonable care for the health and safety of others who might be affected by his acts or omissions at work.

The CPS also charged him with two counts of gross negligence manslaughter but he was found not guilty in both cases.

My professional view

Safe working practices, established through suitable and sufficient risk assessments must be put in place for everyone’s protection. These assessments and method statements should be produced in conjunction with, and co-operation of any employees who are likely to be affected by the operation or task being risk assessed. They should be freely available and reviewed at regular intervals or if there are any changes to the operation or task.

We all have a duty to not only ensure our own health and safety but that of our colleagues and a working culture should encouraged whereby employees feel able to speak up about any concerns they may have.

If you have any questions relating to this or any health and safety concerns, I’d be more than happy to have a discussion.

Information relating to managing risk and risk assessments at work can be found here.

Another article on health and safety news is available here.