We speak to HSE senior enforcement lawyer Alan Hughes about the recent double prosecution of Valencia Waste Management Limited that resulted in fines totalling £3 million.

On 10 October 2019, 63-year-old HGV driver Michael Atkin was killed whilst collecting a load of wastepaper bales at Valencia Waste Management Limited’s Grendon Road site in Earls Barton, Northamptonshire.

Just three months later, 31-year-old agency old Mark Wheatley died while working for Valencia when he attempted to use his lorry to lift two skips simultaneously at Dartmoor National Park Conservation Works depot in Bovey Tracey, Devon.

The Health and Safety Executive (HSE) investigated both incidents and subsequently prosecuted Valencia Waste Management Limited, formerly known as Viridor Waste Management Limited, in both instances.

But, in a relatively rare occurrence, despite the cases happening at different times and being geographically distant, they were sentenced on the same day and in the same court.

TWO CASES AT ONCE

In the case of the two investigations involving Valencia, with two positive decisions to prosecute being taken, a relatively rare opportunity arose to have the two cases brought before the same court at the same time.

‘We had very open collaborative discussions with the defence lawyers for Valencia Waste Management Limited and they were able to give us an indication that if we put the matters relating to both these incidents together, then they would plead guilty to both,’ Alan explained.

SENTENCING

On 6 September 2023, at Loughborough Magistrates’ Court, in relation to the first fatality, Valencia Waste admitted breaching section 3(1) of the Health and Safety at Work Act and was fined £1 million. In terms of the second death, Valencia Waste pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act and was fined £2 million.

However, while the fines were substantial and Valencia’s failings were rightly regarded as significant in relation to the incidents that led both deaths, the sentencing hearing actually represented something of a victory for mature and responsible reactions to legal proceedings.

‘That collaborative approach had an effect on sentencing,’ Alan added. ‘With sentencing guidelines now, the district judge has to follow them very prescriptively in terms of the steps they must take when they approach sentencing. At the end of step two, if they are able to say that they note a defendant has offered a high level or cooperation with the investigation and considered the family or families involved to bring the two prosecutions together, then that will act in mitigation.

‘Our first thoughts are always with the families of the men who died and, with this approach, we were able to help them achieve at least some level of closure sooner. Sometimes you hear stories about defence firms being adversarial or slippery, but in this case, everybody spoke to each other honestly and made sure that everything we agreed upon was put into act

Comment: "Training solutions should have been considered following a loading procedure incident, with further vehicle and lifting assessments conducted."

Source: IOSH Magazine