Two jailed after pig-feed deaths in Leicestershire
Gavin Rawson and Nathan Walker died while cleaning a pig-feed tanker
Two people have been jailed after two men died at work in Leicestershire when they drowned in a road haulage tanker containing semi-liquid pig feed.
60 year old Gillian Leivers, co-owner of Greenfeeds Ltd, was handed a 13 year sentence after being found guilty of two counts of gross negligence manslaughter.
Her husband, and another of the company's owners, Ian Lievers will spend 1 year behind bars after being found guilty of breaching section 2(1) of the Health and Safety at Work Act 1974 by virtue of section 37(1).
That means the offence by the company was committed with his consent, connivance or attributable to his neglect.
A third man, 69 year old Stewart Brown, was handed a 1 year sentence suspended for 2 years after being found guilty under section 7(a) of the Health and Safety at Work Etc. Act 1974.
That means as an employee, he failed to take reasonable care for the health and safety of others, who might be affected by his acts or omissions at work.
Gillian Leivers, Ian Leivers and Stewart Brown were found guilty last month as part of a six week corporate manslaughter case.
Greenfeeds Ltd, a food waste recycling company was convicted of corporate manslaughter, and fined 2 million pounds.
What happened to Nathan Walker and Gavin Rawson?
Nathan Walker, 19, and Gavin Rawson, 35, died in December 2016 following the incident at Greenfeeds Ltd in Normanton, Bottesford, Leicestershire. The company, which was owned and ran by the Leivers family including Ian Leivers and his wife Gillian Leivers, produced bio-fuel and pig feed from recycled products which were then delivered using road haulage tankers.
On the afternoon of 22 December 2016, Mr Walker, who was a member of yard staff at the company, had climbed into a tanker to clean it after it was found the tanker could not be fully emptied of the pig feed. But he got into difficulty. The alarm was raised leading to Mr Rawson, who was also a member of yard staff, climbing into the tanker in an attempt to rescue Mr Walker.
Both men were pulled from the tanker after a saw was used to cut holes in the side of the tanker. Emergency services were at the scene and resuscitation was attempted but both men sadly died at the scene.
A post-mortem examination concluded Mr Walker and Mr Rawson had died as a result of drowning in the animal feed. The forensic pathologist found it was most likely the men had been overcome by either toxic product from the animal feed and/or a lack of oxygen which had caused them to lose consciousness and fall into the animal feed.
Police investigation into Greenfeeds
A subsequent investigation carried out by Leicestershire Police and the Health and Safety Executive found that at the time of Mr Walker and Mr Rawson’s deaths, their employer company Greenfeeds Ltd had no adequate health and safety procedures in place to govern the cleaning of their tankers.
A method of cleaning the tankers which involved an employee entering the tanker with a power washer while another acted as a spotter and held the hose pipe connected to the power wash had been allowed to develop at the company and had been used on many occasions. The cleaning of the tanker on 22 December 2016 had been carried out at the direction of Gillian Leivers and transport manager Stewart Brown.
The cleaning method had no proper risk assessment in place. There was no method statement for entering the tanker or for getting someone out of the tanker and no provision of breathing apparatus or personal protection equipment for the employee entering the tanker.
Who was found guilty?
Three people were found guilty of Health and Safety breaches:
- Ian Leivers, 59, of Fosse Road, Newark, was found guilty, as a director of Greenfeeds Ltd, with a breach of section 2(1) of the Health and Safety at Work Act 1974 by virtue of section 37(1) in that the offence by the company was committed with his consent, connivance or attributable to his neglect.
- Gillian Leivers, 60, of Fosse Road, Newark, was found guilty of two counts of gross negligence manslaughter. Gillian Leivers was also found guilty of a breach of section 2(1) of the Health and Safety at Work Etc. Act 1974 by virtue of section 37(1) in that the offence by the company was committed with her consent, connivance or attributable to her neglect.
- Stewart Brown, 69, of Forest Road, Mansfield, was found guilty under section 7(a) of the Health and Safety at Work Etc. Act 1974 in that being an employee at work, he failed to take reasonable care for the health and safety of others, who might be affected by his acts or omissions at work.
Tributes to the victims
The family of Nathan Walker paid tribute to him:
"Nathan was only 19 years of age when his life ended through no fault of his own.
"Nathan was expecting his first child with his partner when he died. His son was born 15 days after his death. Nathan was so excited about becoming a dad. He should have been here to see his son born. He should be here with his son now.
"Nathan had only worked for Greenfeeds Ltd for two months. The company had no safety measures in place and that has cost two young men their lives as not only did Nathan die that day but Gavin Rawson also lost his life bravely trying to save our son."
Gavin Rawson's family also made a statement after the trial:
"Three days before Christmas 2016, our much loved son, brother and uncle, Gavin was snatched away from us in seconds with no warning, no reason and no explanation.
"Gavin was a kind, loving and thoughtful person. He was always having fun, making people laugh and was very popular and loved. His character was unique, funny and entertaining. We would call him Mr Chatterbox
"No one should have to hear about their son’s death like we did. If only Health and Safety guidance had been followed, Gavin would still be here. We just want him back in our lives but know we can’t have him.
"Although it breaks our hearts, we are so proud of Gavin and what he did that day. He did what he always did and went to help someone in need, despite the danger to himself. He was our hero and we will always remember him that way.