Waste firm boss jailed after employee killed in industrial shredder

A waste firm boss has been jailed for seven-and-a-half years after a worker was killed when he fell into an industrial shredder when he was told to clear a blockage.

David Willis, 29, was filmed by CCTV falling into the machine at Timmins Waste Services (TWS), in Wolverhampton, in 2018. He was seen being hoisted up to the machine on a JCB digger’s grapple arm operated by his boss Brian Timmins, 54, who had told him to clear a blockage in the shredder while it was running.

Mr Willis knelt on the edge of the machine but as he reached down, he fell inside and was killed instantly by the large meshing blades of the shredder designed for wood and commercial waste. Footage shows yard manager Timmins climbing up to the top of the hopper and peer inside before walking away from the scene and pulling out his mobile phone.

He then called Mr Willis’ number before climbing back inside the digger and continued working - meaning the labourer's remains were buried in shredded waste. When Willis failed to return home that night, his mother reported him missing to the police on 15 September, 2018.

The next day, Timmins asked workers to take 80 tonnes of waste to a landfill site in Cannock, Staffordshire - unaware that they were also transporting the remains of their co-worker. Police believe Mr Willis’ remains will never be found.

Timmins, of Albrighton in Wolverhampton, was found guilty of manslaughter and the company guilty of corporate manslaughter and on Friday he was jailed at Wolverhampton Crown Court.

Timmins and TWS have previously admitted health and safety charges.

'Anguish caused to his family'

Detective Inspector Jim Colclough, of West Midlands Police, said: “We found major, systemic failings across TWS which meant workers were put at risk.

“Risk assessments were not done, and safe methods of working were simply not put in place.

“Timmins’ failure to lock off the shredder, and his decision to put Mr Willis in a position of danger, directly caused this tragedy.

“We spent many weeks searching the site at Cannock, but only found part of a tabard which may have belonged to David.

“The fact that we could not recover David has added to the anguish caused to his family, and denied them the chance to say goodbye to him with dignity.”

Mr Willis’ family said in a statement: “David’s death is as painful for us now as it was five years ago.

"David has missed out on so many treasured family moments, including the birth of his niece and the growing up of his nephew, who still treats David as his superhero in the sky.”

What is corporate manslaughter?

Under the 2007 Act, the offence of Corporate Manslaughter relates to the way in which the relevant activity was managed or organised throughout the company or organisation, the CPS says. Wider considerations such as the overall management of health and safety, the selection and training of staff, the implementation of systems of working and the supervision of staff can be taken into account.

An organisation is not liable if the failings were exclusively at a junior level. The failings of senior management must have formed a substantial element in the breach. However, the failings at senior management level do not of themselves have to amount to a gross breach of duty. Liability for the offence is assessed by looking at the failings of the organisation as a whole.

The prosecution must prove that the breach of duty was causative of death. The test is whether the breach made a more than minimal contribution to the death. Because the defendant is a corporate body, the penalty must be a fine. The Court also has power to make ancillary orders including Remedial Orders and Publicity Orders.

The offence was created to ensure that companies and other organisations can be held properly accountable for very serious failings resulting in death.

There is a high threshold for liability, requiring proof of a gross breach of the relevant duty of care.