Recycling firm fined for manslaughter of 23-year-old man

Dale McClelland, 23, died on 16 November 2017 after becoming trapped in a baling machine he was operating at H&A Recycling Limited on Cardrew Industrial Estate. He died at the scene.

Speaking at Truro Crown Court on 13 November, investigating HSE inspector Simon Jones said: “The guarding standards that were found at the recycling plant were some of the worst that I have seen in 20 years.

“If the baler at H&A Recycling Ltd had been properly guarded and maintained, then this terrible incident would not have happened.”

It is believed to be the first prosecution for corporate manslaughter in the Devon and Cornwall area.

Devon and Cornwall Police and HSE, working with the Crown Prosecution Service, took three years to investigate the case, which revealed several, systemic failings. These included failures in training, risk assessments and supervision.

Footage played to court also showed staff play fighting and racing in forklifts and a motorbike around the factory floor. The investigating agencies were particularly concerned with the way machinery had been used, including the baling machine involved in Dale’s death.

The company was fined for breaching Section 1(1) of the Corporate Manslaughter and Corporate Homicide Act 2007 and for breaching Section 2(1) and Section 33(1)(a) of the Health and Safety at Work Act 1974. Costs of nearly £46,000 were imposed.

The victim’s family said in a statement: “Dale was a very family-oriented man and he will forever be missed and always loved by all of his family and friends. It is a pain in our hearts that will never go away.

“As a family we hope this horrendous situation makes other companies step up and make sure that their health and safety is at the highest standard it can be.”