Tata Steel fined £1.5 million after contractor's death at Port Talbot
Maintenance work to replace a lift cylinder on a large conveyor system had been completed earlier that day, and the system was in the process of being put back into service when a hydraulic leak was found. A radio call was sent out for Justin, 44, to resolve the issue at about 2pm.
Although power was isolated to part of the system, other sections remained live. As staff worked on the lower level to fix the leak, Justin returned to the floor above and climbed into the conveyor system. His presence triggered sensors which activated a moving beam in a live section, fatally injuring him. He was pronounced dead at the scene.
The Health and Safety Executive investigated the incident and prosecuted Tata for what an inspector described as 'basic' health and safety failures.
At the time Tata's Port Talbot plant was the largest steelworks in the UK.
Justin's wife Zoe Day said: 'Since losing Justin I am not the same person I was.
'I have struggled since that day – mentally, I am lost and don't know where I'm going with life. It's shattered my whole world.
'We were together for 23 years and did everything together. I can't put into words how much this has affected me. I am a shadow of my former self and from the day of the incident, my world fell apart.'
The HSE investigation found Tata Steel failed to ensure the work to replace the lift cylinder was done safely. After the job was completed, the company also failed to properly isolate the conveyor system before Justin returned to address the leak.
It was found that Tata Steel also failed to ensure the conveyor system was effectively guarded to prevent access to dangerous moving parts.
Tata Steel (UK) Ltd, of Grosvenor Place, London, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £1.5 million and ordered to pay £26,318.67 in costs at Swansea Crown Court.
HSE inspector Gethyn Jones said: 'Justin Day's death could so easily have been prevented. A much-loved family man is not here because of failures in health and safety basics.
'Employers have a responsibility to make sure sufficient procedures are in place to protect workers – both employees and contractors – and that those procedures are understood and followed.
'The dangers of moving machinery are well known. Sufficient risk assessments must be carried out and access to dangerous areas must be properly guarded and controlled.
'This has been a long and thorough investigation, and we believe this is the right outcome.'
The prosecution was brought by senior enforcement lawyer Jon Mack at HSE.
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