Widow hits out at fine for work death

Nov 9 2007 by Chloe Griffiths, The Journal

A WIDOW last night hit out at a court ruling to fine a multi-million-pound company just £30,000 after her husband was crushed to death in a horrific accident.

Grandfather Michael Joyce died after becoming trapped in a machine used to coat metal car seals in rubber at the Freudenberg Technical Products (FTP) plant on the New York Industrial Estate in North Tyneside.

The 51-year-old’s body lay undiscovered for nearly 24 hours after the tragic accident on October 15, 2005.

But at Newcastle Crown Court yesterday, Judge Michael Cartlidge fined the company just £30,000 after bosses admitted one charge of failing to ensure the health and safety of their employees.

The court heard the father-of-two had died after gaining access to the insides of the machine, described as a giant washing machine, which should have been off-limits.

Alex Offer, prosecuting on behalf of the Health and Safety Executive, told the court the locks on the door, which should have prevented Mr Joyce from gaining access, were broken – one covered in a sticky residue, the other faulty since its installation.

A locking system, which costs as little as £20, would have made it impossible to enter the machine while the power was still on and would have prevented his death.

Reports showed that once Mr Joyce, of Lisle Grove in Wallsend, entered the machine, a jolt to the control panel led to loose wiring triggering the machine into action.

Last night Mr Joyce’s widow Geraldine slammed the fine. She also condemned her husband’s former employers’ decision to quibble over costs.

Judge Cartlidge ordered the German-owned car-sealing manufacturers to pay £16,450 in costs, but this followed lengthy complaints by the company’s barrister Neil Cameron over the prosecution’s bill – even down to the number of telephone calls and letters they had made.

In a statement read by the family solicitor Philip Davison, Mrs Joyce said: “We are very disappointed with the fine of just £30,000.

“We are particularly disappointed that Freudenberg pleaded guilty, but then sought to benefit in lowering the fine.”

She added: “The day of October 15 will never be forgotten. We knew something was wrong when Michael never returned home.

“He was a loving husband, father, grandfather and friend. If correct safety procedure was in place, Michael would be here today.”

During the five-hour hearing, the family heard the company had a previous conviction for failing to protect their employees following an incident where a worker had his finger sliced off.

Judge Cartlidge ruled the case was too different to have acted as a warning.

He told Mr Joyce’s family: “This fine has absolutely nothing to do with the value of his life.”