Denbighshire County Council has welcomed the sentencing in the case of a company and its director following the death of an employee.
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Case 1
- Council: Denbighshire County Council
- Fine: £110,000
- Costs: Not Stated
- Total: £110,000
Case 2
- Council: Denbighshire County Council
- Fine: £40,000
- Costs: Not Stated
- Total: £40,000
The Council brought a health and safety prosecution against David Sanders, Director of Sanders Machinery Ltd and the company itself following the death of Kenneth Cooke whilst he was at work at the Sanders Machinery Ltd site on Graig Road, Denbigh.
Three guilty verdicts were returned following a 7 day trial. Today (Tuesday) at Mold Crown Court, the company was fined £110,000 for breach of Health & Safety legislation. David Sanders was fined £40,000. The matter has been adjourned until 1st October when the issue of costs will be determined.
Mr Cooke was working on a large split rim wheel from an old crane, as directed by David Sanders. He was removing the nuts from the wheel, using a blow torch, when the pressure in the tyre caused the 2 parts of the wheel to separate. Part of the wheel struck Mr Cooke, killing him almost instantly.
Mr Sanders was charged with failing to ensure the health & safety of his employees, contrary to section 37 (2) of the Health and Safety at Work Act 1974 and of intentionally obstructing an inspector in the exercise of his powers or duties, contrary to section 33(1)(h) of the Health and Safety at Work Act 1974.
Sanders Machinery Ltd was charged with failing to ensure the health and safety of its employees, contrary to section 2 of the Health and Safety at Work Act 1974.
Emlyn Jones, Denbighshire County Council’s Public Protection Manager, said: “The judges comments in the case were that Mr Sanders was convicted on the plainest, quite compelling evidence. His blatant lack of knowledge of health and safety had fatal consequences.
“Every single employer has a duty to secure the health and safety of all of its staff and employees expect to be working in a safe environment. Mr Sander’s actions and his disregard of his health and safety duties resulted in this tragic event and the Council had a duty to take court action against Mr Sanders and his company.
“The fines today send out an extremely strong message that breaches of health and safety laws will not be tolerated”.
