Tuesday, February 18th, 2025
HMA v West Fraser Europe Limited, formerly known as Norbord Europe Limited
West Fraser Europe Limited, previously known as Norbord Europe Limited, has been fined a total of £1,068,000 after pleading guilty to charges under health and safety legislation related to two separate incidents that occurred in 2020.
The charges stemmed from an employee's severe leg injury and permanent impairment following entanglement in machinery, and a contractor’s fall through a defective plate on a high-level gantry, both incidents leading to significant harm.
In the first case, the employee was injured after becoming trapped in machinery, prompting a charge under The Provision and Use of Work Equipment Regulations 1998 and Section 33(1)(c) of the Health and Safety at Work etc. Act 1974. The second incident involved a contractor who fell from a high-level gantry and suffered serious injuries, resulting in a charge under Section 33(1)(a) of the same Act.
Following both incidents, West Fraser Europe acted swiftly to implement enhanced safety measures and improve maintenance systems without requiring intervention from the Health & Safety Executive.
On 14 January 2025, a guilty plea was tendered under Section 76 of the Health and Safety at Work etc. Act 1974, with an agreed and detailed narrative of events. Mark Stewart KC, representing the company, also submitted a 'helpful and detailed note in mitigation' to Sheriff O’Mahony at Stirling Sheriff Court.
The company is part of a multi-national group and classed in its own right as a ‘large organisation’ in terms of the sentencing guidelines.
On 17 February 2025, after considering the mitigating factors and the company’s guilty plea, Sheriff O’Mahony imposed fines of £28,000 for the first charge and £1,040,000 for the second charge. The total cumulative fine was set at £1,068,000.