Company convicted of corporate manslaughter following the death of two employees

A food waste recycling company has been convicted of corporate manslaughter following the death of two employees who drowned after falling into a road haulage tanker holding semi-liquid pig feed.

Nathan Walker, 19, and Gavin Rawson, 35, died in December 2016 following the incident at Greenfeeds Ltd in Normanton, Bottesford, Leicestershire. The company, owned and run by the Leivers family, including Ian Leivers and his wife Gillian Leivers, produced biofuel and pig feed from recycled products, which were then delivered using road haulage tankers.

On the afternoon of 22nd December 2016, Mr Walker, a yard staff member at the company, had climbed into a tanker to clean it after it was found the tanker could not be entirely emptied of the pig feed. But he got into difficulty. The alarm was raised, leading to Mr Rawson, a yard staff member, climbing into the tanker to rescue Mr Walker.

Both men were pulled from the tanker after a saw was used to cut holes in the tanker's side. Emergency services were at the scene, and resuscitation was tried, but both men sadly died at the scene.

A post-mortem examination concluded that Mr Walker and Mr Rawson had died from drowning in the animal feed. The forensic pathologist found that the men had been overcome by either toxic product from the animal feed or a lack of oxygen which had caused them to lose consciousness and fall into the animal feed.

Mr Walker and Mr Rawson drowned after falling into a road haulage tanker holding semi-liquid pig feed.

A later investigation conducted by Leicestershire Police and the Health and Safety Executive found that at the time of Mr Walker and Mr Rawson’s deaths, their employer company Greenfeeds Ltd had no adequate health and safety procedures to govern the cleaning of their tankers.

Cleaning the tankers involved an employee entering the tanker with a power washer. At the same time, another functioned as a spotter and held the hose pipe connected to the power wash had been allowed to develop at the company and had been used on many occasions. The cleaning of the tanker on 22nd December 2016 was conducted under the direction of Gillian Leivers and transport manager Stewart Brown.

The cleaning method had no proper risk assessment in place. There was no method statement for entering the tanker or getting someone out of the tanker and no provision of breathing apparatus or personal protection equipment for the employee entering the tanker.

Enquiries conducted during the investigation also found that staff at the company had previously expressed concerns about the dangerousness of the cleaning method, but these concerns had been ignored.

There was also no named health and safety officer at the company.

The investigation led to charges being brought against the company Greenfeeds Ltd as well as against Ian Leivers, who worked as the managing director of the company, Gillian Leviers, who worked as the office and accounts manager and oversaw the day-to-day running of the site and Stewart Brown who was transport manager and in charge of the yard.

Following a six-week trial at Leicester Crown Court:

• Greenfeeds Ltd was found guilty of two counts of corporate manslaughter. The company had previously pleaded guilty to not discharging a duty under Sections 2(1) of the Health and Safety at Work Act 1974 in that Greenfeeds Ltd, being an employer within the meaning of the Act, did not ensure, as far as was practical, the health, safety, and welfare at work of its employees.

• Ian Leivers, 59, of Fosse Road, Newark, was found guilty, as a director of Greenfeeds Ltd, of a breach of Section 2(1) of the Health and Safety at Work Act 1974 under Section 37(1) in that the offence by the company was committed with his consent, connivance or attributable to his neglect.

• Gillian Leivers, 60, of Fosse Road, Newark, was found guilty of two counts of gross negligence manslaughter. Gillian Leivers was also found guilty of a breach of Section 2(1) of the Health and Safety at Work Act 1974 by Section 37(1) in that the offence by the company was committed with her consent, connivance or attributable to her neglect.

• Stewart Brown, 69, of Forest Road, Mansfield, was found guilty under Section 7(a) of the Health and Safety at Work Act 1974 in that being an employee at work, he did not take reasonable care for the health and safety of others, who might be affected by his acts or omissions at work. Brown had also been charged with two counts of gross negligence manslaughter. He was found not guilty of these two counts.

Officer in the case, Detective Constable Kirsty Iqbal, said: “Nathan Walker and Gavin Rawson were two young men who had their whole lives ahead of them. Both men went to work on the 22nd of December 2016 at Greenfeeds Ltd, where they should have been looked after, and their safety should have been paramount.

“Instead, investigations showed that the system used to clean out the tankers at Greenfeeds Ltd was so fundamentally dangerous that fatal consequences were virtually inevitable. Mr Walker and Mr Rawson had their futures taken away simply because the firm did not have the correct safety procedures and equipment in place. Their deaths should never have been allowed to happen.

“My thoughts stay with the families of Mr Walker and Mr Rawson currently. The families have suffered unimaginable pain, and I thank them for their patience, support, and cooperation in allowing us to investigate thoroughly.

“My thanks also go to the initial response team and those who have assisted us at court and the Crown Prosecution Service for their dedicated work during a difficult and complex investigation.”

Gillian Leivers, Ian Leivers and Stewart Brown have all been released on bail. Sentencing is due to take place on Thursday 16th June.

“We just wish we could hold him and tell him he is our hero.”

Following today’s verdict, the family of Gavin Rawson paid tribute to him.

“Three days before Christmas 2016, our much-loved son, brother and uncle, Gavin, was snatched away from us in seconds with no warning, no reason, or explanation.

“Gavin was a kind, loving and thoughtful person. He was always having fun, making people laugh and was extremely popular and loved. His character was unique, funny, and entertaining. We would call him Mr Chatterbox.

Gavin Rawson

"He would also often change his hairstyle and hair colour, and he loved Djing on decks and went by the name RawG – often playing his music from his log cabin in the garden.

“He loved family events and was great with his nieces and nephews. He will now never be able to have children of his own because his life has been taken away.

“No one should hear about their son’s death as we did. If only Health and Safety guidance had been followed, Gavin would still be here. We want him back in our lives but know we cannot have him.

“Although it breaks our hearts, we are proud of Gavin and what he did that day. He did what he always did and went to help someone in need, despite the danger to himself. He was our hero, and we will never forget him that way.

“We wish we could hold, hug, and tell him he is our hero. It is devastating to our entire family that we will never be able to do this.”