Published Date:
08 November 2007
THE family of a man crushed to death in an industrial accident has expressed disappointment with the £30,000 fine levied on the company.
Michael Joyce, 51, was killed after climbing inside a machine during his shift at the Freudenberg Technical Products plant in New York, North Tyneside, on October 15, 2005.
The machine, which coats metal car seals with rubber, should have been fitted with an interlock system to prevent access to workers.
But the system - costing as little as £20 - was never fitted, while the existing locks were sealed with residue and faulty, Newcastle Crown Court was told.
Freudenberg admitted a charge of failing to ensure the safety of its employees after an investigation by the Health and Safety Executive.
Judge Michael Cartlidge ordered the German-owned company to pay a fine of £30,000 and just under £16,500 in court costs.
He said no fine could compensate for the loss of Mr Joyce.
But Philip Davison, a solicitor representing the family, said Mr Joyce's relatives were disappointed at the small fine given to the company.
In a statement read out on behalf of the family, he said: "We hoped this prosecution would go some way to help prevent further accidents.
"We have to say we are disappointed with the fine given, even though we are grateful for the Health and Safety Executive for making their inquiries."
Newcastle Crown Court heard Mr Joyce was a devoted employee and had been operating the specialised equipment for two-and-a-half years.
Mr Joyce, who lived in Wallsend, started his shift at 6am on October 15, 2005, and was last seen by a co-worker at 9am.
But his family contacted the police and raised concerns when he failed to return home later that day.
His body was found in the machine at 7am the following day.
A post mortem examination revealed he died of traumatic asphyxiation, suffocation due to being crushed by the internal workings of the equipment.
Alex Offer, prosecuting on behalf of the HSE, said latches on the side panels should have made it impossible for anyone to enter the machine when the power was on.
"These locks could and should have been installed before this incident," he said.
"The cost would have been minimal.
"A proper review should have identified the need for this system, which may well have prevented Mr Joyce's accident."
The court was told Freudenberg was fined £12,000 and ordered to pay £5,000 in court costs in 2001 after another employee had an index finger severed while operating a different machine.
A spokeswoman for Freudenberg said the company sincerely regrets the accident.
She offered her condolences to the family of Mr Joyce and said the safety procedures have improved following the accident.
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Last Updated:
08 November 2007 6:32 PM
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Location:
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