'Reckless' boss caused worker's death

An "utterly reckless" boss has been jailed for a year for manslaughter after one of his workers was crushed to death.

Shaun Cooper, 27, was found dead in a poultry shed in a farm in Wysall, Nottinghamshire, after becoming trapped in equipment.

The father of three was due to be married 11 days later.

Peter Pell, from New York, near Boston, Lincolnshire, pleaded guilty to manslaughter after it was found he removed all the safety features on the machine.

This is an appalling example of how the worst kind of employer behaves without proper regulation Peter Allenson, T&G union

Mr Cooper was the second employee working for Mr Pell's poultry shed cleaning company to die in less than six years.

A judge at Nottingham Crown Court heard the 62-year-old bought the skid steer loader in 1994 and within days had pulled out the safety mechanisms designed to protect the operator.

Prosecutor Stuart Rafferty said: "He (Pell) removed every conceivable safety feature.

Lifting arm

"He knew perfectly well that he should not have removed those features, not least because this vehicle is provided with both a video and a detailed manual which make it abundantly plain."

Leaving three young children fatherless was a tragedy that never, never should have happened Mr Justice Morland

Mr Cooper, from Skegness, was one of three men working on Windy Ridge Farm when the accident happened in September 2001.

Mr Rafferty said it was not clear how the accident had happened, but either Mr Cooper had been getting out of the machine or was leaning out of the vehicle when the lifting arm came down on him.

Mr Justice Morland jailed Pell for 12 months and ordered two charges under the Health and Safety at Work Act to lie on the file.

Poor health

He said: "This was a case of a flagrant disregard for the safety of your employees, utter recklessness.

"And but for the fact that you are 62 years of age and in a very poor state of health, it would have been my duty to have passed a prison sentence of some years in length.

"The death of Mr Cooper at the age of 27, just days before he was to have been married, leaving three young children fatherless was a tragedy that never, never should have happened."

Peter Allenson, Transport and General Workers Union National Secretary for Agriculture: said: "This is an appalling example of how the worst kind of employer behaves without proper regulation.

Second death

"In agriculture, as in construction, there has to be a change of culture, which we think will only come about when strong custodial penalties are handed down to employers who breach health and safety law and it results in death.

" Education is important but on its own won't save lives."

In August 1995, another of Pell's workers was electrocuted when the piece of equipment he was operating hit power cables.

The court heard Pell had then been fined £2,000 for breaches of health and safety regulations.