Leamington Crown Court heard that agency worker Jamie Barsby was lucky to be alive after the incident at The Sandwich Factory Holdings Ltd on the Carlyon Road Industrial Estate in Atherstone.
He was thrown from the forks of a forklift truck and crushed between the forklift and the back of an articulated lorry as he was being lifted into the back of the lorry to reorganise pallets of sandwiches. The 26-year-old, from Atherstone, broke a number of vertebrae, fractured his pelvis and suffered blood blisters all over his body.
The Judge found that director Paul Nicholson had failed to ensure safety management systems were in place at the factory. The court heard that had such systems been in place, the unsafe practice would not have occurred and existed for a prolonged period of time.
The Sandwich Factory Holdings Ltd, of Helsinki Road, Sutton Fields Industrial Estate, Kingston upon Hull, pleaded guilty to breaching Section 2(1) and 3(1) of the Health and Safety at Work etc Act 1974. It was fined a total of £60,000 and ordered to pay costs of £57,790.
Director Paul Nicholson, aged 55, of Balnain, Drumndrochit, Inverness, pleaded guilty to two breaches of Section 37(1) of the same Act. He was given a conditional discharge and ordered to pay costs of £50,513
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