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George Barker fined £110,000 for fatal safety failures

UK: Bradford-based commercial refrigeration firm George Barker has been ordered to pay £140,000 in fines and costs after admitting safety failures that led to the death of 61-year-old employee Jim Murphy in December 2009.
Mr Murphy died from head injuries when an A-frame metal racking unit, weighing more than a quarter of a tonne, toppled over and pinned him underneath. As he fell his head hit part of another machine just feet away, Bradford Crown Court was told today (Thursday).

The incident at the firm's factory in Highfield Road, Idle, was investigated by the Health and Safety Executive (HSE), which uncovered what it described as a 'catalogue of errors'.

Mr Murphy, who had worked for the company for nine years, had been asked to help dismantle the stacking system so that the area in the premises could be reorganised. He was kneeling on the floor in an aisle removing labels from various parts when the unit next to him toppled.

The court heard the racking was not bolted to the floor and other employees had started to use it to shelve components, making it increasingly unstable. HSE found there was no system at the company to safely move or inspect the racking, no indication of its maximum load and no training given to employees.

George Barker & Co (Leeds) Ltd was fined £110,000 and ordered to pay £30,000 in costs for a breach of Section 2(1) of the Health and Safety at Work etc Act 1974. The company had admitted the offence at an earlier hearing.

After the hearing, HSE Inspector Morag Irwin, who investigated the case, said:
'This was a tragedy that was entirely preventable and was devastating for Mr Murphy's family and, indeed, for the company and what is a close-knit workforce.
'Sadly the case was based on a catalogue of errors on the part of the company. There was no system to manage the racking, no identification of the racks and no inspection regime; no one had properly looked at the risks of the racking system or how to move it and re-install it safely. People joined in and helped out as and when.

'But most importantly there was nothing to identify that the racking was not in use - no warning notice or barrier tape. At some point, workers started to fill it. The more it began to fill, the more dangerous it became.

'I hope this case serves as an important reminder to companies to make sure racking systems are securely fixed and measures are in place to manage them carefully and, in particular, when they are being dismantled.

'George Barker & Co Ltd now has a system in place and has been very responsive to HSE throughout this process,' she added.

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