Plymouth Magistrates Court heard how a 63-year-old guard, working for an independent security company, was on duty at the gated entrance of the abattoir early on the morning of 29 November 2019 when the incident occurred.
Her duties included operating the gates to allow delivery vehicles to enter and exit the site. She sustained serious leg and head injuries requiring surgery when she was hit by a vehicle towing a trailer leaving the site. She was holding the gate open at the time.
Unsafe system of work
An investigation by the Health and Safety Executive (HSE) found that the system of work was unsafe and that the company’s risk assessments did not extend to security guards.
Despite the high volume of vehicle movements on site, there was no segregation between the vehicle routs and pedestrians on site.
Dunbia (UK), of Castle Street, Exeter, pleaded guilty to breaching Section 3(1) of the Health & Safety at Work etc. Act 1974. The company was fined £440,000 and ordered to pay costs of £27,016 and a victim surcharge of £170 at Plymouth Magistrates Court on 12 October 2022.
An employer’s legal duty
Speaking after the hearing, HSE inspector Victoria Buchanan said: “Employers have a legal duty to ensure that the health and safety of their employees, contractors and members of the public are not put at risk.
“This incident could have been avoided had the company assessed the risks from vehicle movements and implemented safety measures including segregating vehicles and pedestrians.”
Meanwhile, last week, poultry processor Bernard Matthew’s Food Ltd was fined £400,000 following two separate incidents where employees were seriously injured – including one worker who was left paralysed – at its Suffolk manufacturing site.
