Cranbrook man avoids jail after Folkestone father, Nathan Johnson, loses right forearm at Cartwright Projects Ltd in Ashford
10:00, 18 July 2015
A businessman has avoided jail after a worker lost his right forearm when it got caught and mangled in a tyre-shredding machine.
Mark Anton Arabaje, sole director of now-dissolved company Cartwright Projects Ltd, was prosecuted by the Health and Safety Executive (HSE) after it found he removed a protective guard from the machine only a couple of weeks earlier.
Canterbury Crown Court heard Nathan Johnson was working at the firm’s premises in November 2013 when the incident happened.
The 25-year-old was putting tyres by hand into the shredder when its metal teeth failed to grip one properly.
Mr Johnson, a father-of-four, grabbed the remaining half and fed it in. At that point, his right jacket sleeve got entangled and his fingers and forearm were dragged into the running shredder.
As he screamed for help, Mark Arabaje, of Gatefield Cottages, Cranbrook, came and managed to switch the equipment off before freeing him.
As a result of his injuries Mr Johnson, from Folkestone, lost his forearm up to his elbow. He also needed extensive hospital treatment, including skin grafts from his left leg to replace the remains of his arm and a bolt in his elbow to ensure it remained intact.
The court was told Mr Johnson’s injuries could have been even worse if he had been working on his own, which regularly happened at the Ashford-based company, as there were no emergency stop switches within his reach.
HSE’s investigation identified that Mr Arabaje had removed the metal bucket guard of the shredding machine earlier the same month, thus allowing easy access to the metal teeth.
A HSE representative told the court it would have also prosecuted the company had it still existed. Arabaje pleaded guilty at an earlier hearing to an offence under the Health and Safety at Work Act.
He was sentenced to a four-month prison sentence, suspended for 12 months. He must observe a home curfew between the hours of 8pm and 6am and wear an electronic tag.
The judge imposed a £5,000 compensation order that Arabaje must pay Mr Johnson.
In a victim statement to the court, Mr Johnson, who has not been in work since, said: “It has knocked me back regarding my mobility and it is a struggle getting around. It has had a massive impact on my home life with my four children. I still suffer pain with the injuries.”
After the hearing, HSE inspector Guy Widdowson said: “Nathan Johnson would never have suffered these horrific, life-changing injuries if Mr Arabaje, the company director, had not removed the guard from the tyre-shredder.
“Company directors need to take their health and safety responsibilities seriously to prevent such tragic events occurring in the future. They have a significant role to play in protecting workers from injury at work; and this case demonstrates that such incidents can and do lead to directors being prosecuted if there is evidence of their consent, connivance or neglect to breaches in the law.”
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