Tata Steel fined £1.5m following death of contractor at Welsh steelworks
Justin Day, 44, from Llansamlet, Swansea, died from injuries he sustained while working at the South Wales site in September 2019.
At a sentencing hearing on Thursday, Swansea Crown Court heard Mr Day died while working as a contractor, carrying out repairs to Tata's steelworks.
While a conveyor system, which should be isolated from workers except during maintenance, was in the process of being put back into service, a hydraulic leak was found on the lower floor.
Mr Day was called on the radio with a request to bring tools.
However, he was not warned that machinery in the area above had been restarted.
When Mr Day entered, he triggered sensors that activated a moving beam in a live section, fatally injuring him.
The family learned of his death while Mr Day's family were watching his youngest son play in a school rugby match.
Nuhu Gobir, appearing for the prosecution, argued Tata had failed to ensure the conveyor system was properly isolated and guarded, and did not take sufficient steps to manage the safety of the ongoing work.
Judge Geraint Walters fined Tata £1.5 million and ordered them to pay prosecution costs of £26,318.67.
The company pleaded guilty to two charges, failing to ensure the health and safety of its employees, and a mirroring offence covering contractors.
Judge Walters described the area Mr Day was working in as 'dangerous,' adding: 'He should have been told that the call was cancelled or told that the system was at least partly live.'
Passing on his condolences to Mr Day's family, he said: 'It's perfectly plain that Mr Day was a family man, who has left many people bereft to have lost someone so precious.
'No fine I impose today can alleviate the suffering of those who have lost a loved one, no fine I impose today can restore life.'
In a victim impact statement read to the court by Mr Gobir, Zoe Day, Mr Day's wife, spoke of her struggles since her husband died, saying she suffered 'constant flashbacks to that day'.
She described her husband as a 'wonderful man' who was bubbly and happy, with a passion for rugby.
'Since losing Justin I am not the same person I was,' she said.
'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 had done everything together for 23 years. 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.'
She added: 'Justin's passion was rugby – he loved coaching and watching our boys play.
'He was their biggest fan. The day he died, we were waiting for him to arrive at the pitch. I never imagined I'd be receiving the news that he had been crushed to death at work.
'Justin would have been 50 this year. Instead of celebrating, we are still mourning his needless death.
'I pray no other family must go through what we've endured. He went to work and never came home – an accident that should never have happened.'
Gethyn Jones, an inspector for the Health and Safety Executive, 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. It is clear that Justin's death has had a devastating impact on his family, his friends and the wider community. Our thoughts remain with them.'
A spokesman for Tata Steel UK said: 'We wish to express again our sincere condolences to Mr Day's bereaved family, friends and workmates.'
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