Firms ordered to pay £2.5 million following deaths of two men at chicken factory

Jonathan Collins, (34), from Watton and Neil Moon, (49), from Spalding were completely unaware of the dangers when they entered a passageway where the oxygen had been fatally depleted by concentrated nitrogen at Banham Poultry, in Attleborough, Norfolk in 2018.

Now, Banham Poultry Limited, which went into administration in October 2018, have admitted two counts of failing to discharge a duty under the Health and Safety at Work Act 1974.

Air Products PLC admitted one count of failing to discharge a duty under the Health and Safety at Work Act 1974.

Norfolk Police said that in doing so, they admitted that these breaches were causative of the deaths of Mr Moon and Mr Collins.

Fines and costs handed out at Norwich Crown Court

At the conclusion of a three day sentencing hearing at Norwich Crown Court Banham Poultry Ltd, and Air Products PLC were fined £900 and £2,475,000 respectively.

Air Products were also ordered to pay over £83,000 in court courts.

The judge, Mrs Justice Farbey, said had Banham Poultry not been in liquidation she would have imposed a substantial fine.

Mr Moon, a father of three, married his partner of nearly 15 years just ten months before he died. The couple were expecting a baby and their son was born six months after his death. He was named Neil after his “amazing daddy.”

His wife Gillian described her husband as a calm, easy-going person who had a way of lifting the mood of everyone around him.

Mr Collins, a father of three children aged one, four, and six at the time was described by his fiancé Sara as “a friend to all and an enemy to none.”

She described the huge life-changing impact of Jon’s death on the whole family adding: “The events of that day and how this case has unfolded will live with my family forever.”

“We do not feel justice has been served. For us, true justice would be Jonathan and Neil still being alive"

In a joint statement, the families of the two men said: “Today, our two families stand united in grief as we remember Jonathan Collins and Neil Moon — two young men who simply went to work and never came home. They were loved partners, dads, sons, brothers, friends, and colleagues, and their loss has left a permanent void in all our lives.

“The past seven and a half years have been filled with heartbreak, fear, and unanswered questions. That journey has led us to this point. At the beginning of what was expected to be a six‑week trial, Banham Poultry and Air Products admitted to serious health and safety offences that resulted in the deaths of Jonathan and Neil.

“Following today’s sentencing, we must say honestly that we do not feel justice has been served. For us, true justice would be Jonathan and Neil still being alive. Nothing can change what has happened, but if anything positive can come from this tragedy, we ask one thing:

“If you are responsible for staff or contractors, take that responsibility seriously.

“You have a duty of care. No family should ever have to endure what we have faced, and what we continue to face, because of failures to act by Banham Poultry and Air Products.

“We would like to express our gratitude to Mrs Justice Judith Farbey, to KC Craig Hassall and his team, and to the Crown Prosecution Service — especially Busola Johnson. Our heartfelt thanks also go to Norfolk Constabulary, the Major Investigation Team, and our Family Liaison Officers. Their support through this long and complex investigation has been unwavering, and for that we are truly grateful.

“Finally, we ask that the media and the public now give us the space and time we need to grieve, and to process not only the events of these past two days, but the pain and struggle of the last seven and a half years.”

"Both men were killed, likely in seconds, by a gas they had no warning about and could not see or smell”

Norfolk Police said the tragedy centred on the introduction of a SafeChill system at the Banham Poultry factory in May 2017.

A spokesperson for the force said: “The system was designed and owned by Air Products PLC and installed for use by Banham Poultry to deliver extreme low temperatures to the surface of bird carcasses to reduce levels of bacteria (campylobacter).

“As part of the process, waste nitrogen gas was pumped out through internal ducting and via the fixed T-bar roof chimney, with the idea it would disperse into the atmosphere.

“However, concerns were soon raised about this process with reports of the vented nitrogen gas forming dense clouds at the neighbouring railway station platform and track.

“In response, the court heard how several temporary modifications, not managed competently or safely, were made using flexible ducting fitted to the chimney to divert the nitrogen gas to a different location.

“Over a 13‑month period, three separate modifications were carried out.

“The first modification, in September 2017, involved attaching a single flexible duct to the roof. Following this, a number of repairs were attempted, including use of tape and cable ties.

“A second modification was implemented in January 2018. This involved attaching two flexible ducts to the roof vent which were fixed using cylinder couplings and welded brackets. However, the ducting quickly became disconnected and damaged.

“As a result, a third modification was carried out in April 2018. This involved the use of additional cylinder couplings but without welded brackets resulting in some of the ducting not being secured to the roof.

“On 3 October 2018 Mr Collins and Mr Moon arrived separately at the Station Road site to carry out pest control work using thermal imaging cameras.

“Only one of the men was signed in correctly during the morning, and there were no checks after failing to sign out.

“On the day the two men entered the narrow passageway alongside the factory wall, the temporary ducting installed as part of the third modification had slipped down the sloping factory roof into the narrow passageway where, unknown and unchecked, it was releasing concentrated nitrogen directly into the confined space.

“Having displaced the oxygen both men were killed, likely in seconds, by a gas they had no warning about and could not see or smell.”