BAE must pay huge fine over death

Gary Whiting, 51, an experienced maintenance engineer, was part of a team undertaking routine servicing when the accident happened in 2008.

A Health and Safety Executive investigation exposed numerous safety failings, some dating back many years.

Yesterday his widow Jackie, children Karl and Katie, and other family members, said it was “pure luck” that no one had been killed in the machine before.

And they accused BAE of showing a “complete disregard for their feelings, bordering on contempt” during an inquest and subsequent criminal proceedings.

Hull Crown Court heard that safety features were disabled because the press, the size of a two-bedroom house, was in maintenance mode.

There were no key systems, light guards or interlocks to prevent entry to dangerous areas or stop the machine if someone went in and workers relied instead on giving each other a shouted “all clear”.

But the court heard that members of the team, two on one end of the machine, two on the other, made various assumptions “which proved false” and led to the operation of the press with Mr Whiting – described as “very health and safety conscious” – inside.

Mr Whiting, from Sutton, Hull, was trapped by the 45 square metre frame as it descended and he died the same day in hospital.

While the firm accepted they “could and should have done more”, Richard Lissack QC mitigating, said it was “an isolated incident confined to a limited failure in one part of this very large site dealing with one maintenance process” with the job done “exactly as the manufacturers maintained it should be done when it was installed”.

BAE Systems (Operations) Ltd of Farnborough Aerospace Centre, Farnborough, Hampshire, was fined £250,000 and ordered to pay £97,153 costs.

The aerospace company entering a guilty plea to a breach of Section 2 (1) of the Health and Safety at Work Act l974 at a hearing last year.

After the hearing the family said they were satisfied with the level of fines, but said there had been numerous safety failings, with no risk assessment, safe system of work or training.

A statement added: “The complete absence of any safe system of work for the job Gary was performing beggars belief.

“There wasn’t a suitable risk assessment for the job he was doing.

“The machine he had been working in had been operated with a person inside it before and it is pure luck no-one was killed in the machine before Gary.

“Gary shone as a light in all of our lives, and the lives of all those who knew him. Gary had the most infectious smile.

“He was always full of life, fun and energy, and was a devoted, loving husband, dad, granddad and brother.

“Gary is missed terribly.

“The loss to us is unbelievable, we struggle without him, but life goes on and he will never ever be forgotten.”

Speaking afterwards HSE Inspector Mark Welsh said it was “an entirely preventable tragedy”.

He added: “His family have shown admirable resilience during what has been a protracted and, at times painful, process.

“The dangers of maintenance work on these types of machines are well-known yet BAE Systems Ltd failed to identify those risks and its serious failings led to this tragedy.

“Although the press machine had been serviced regularly, it was done in the same unacceptable way and it is surprising there had not been an earlier incident. This incident should serve as a reminder to companies to ensure that dangerous parts of their machines are identified and measures taken to properly protect their workers. No company should put its employees at unnecessary risk.”