Families Declare Justice Not Served After Nitrogen Gas Tragedy
The grieving families of two pest controllers who suffocated in a nitrogen gas leak at a chicken processing plant have declared that justice has not been served, despite two companies being fined more than £2.4 million. Fathers Neil Moon, aged 49, and Jonathan Collins, aged 34, died in October 2018 while working to eradicate rodents at Banham Poultry in Attleborough, Norfolk.
Deadly Gas Leak in Confined Space
Norfolk Police confirmed the men were killed likely in seconds by nitrogen gas that had leaked from defective exhaust ducting connected to the factory's chilling system. The colourless, odourless gas replaced oxygen in a narrow passageway where the men were working, creating a deadly oxygen-depleted space. The nitrogen originated from equipment owned and maintained by industrial gas company Air Products.
Disparate Fines Spark Outrage
At Norwich Crown Court yesterday, Air Products was fined £2.475 million after admitting a health and safety offence. However, Banham Poultry received only a nominal fine of £900 despite pleading guilty to two offences. Mrs Justice Judith Farbey explained this reduced penalty resulted from the company entering administration the day after the deaths, owing more than £6 million to 533 creditors. The poultry firm remains in liquidation.
The judge acknowledged that Banham Poultry's fine would have been substantially higher if the company were still operating, but noted this would be no comfort to the families of the victims.
Families United in Grief and Anger
In an emotional statement, the victims' families described themselves as united in grief while remembering two men who simply went to work and never came home. They characterized Moon and Collins as loved partners, dads, sons, brothers, friends, and colleagues whose loss has created a permanent void.
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, the families stated. 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.
They emphasized that no family should ever have to endure what they have faced due to failures by both companies.
Systemic Safety Failures Revealed
The court heard concerning details about systemic safety failures that preceded the tragedy. Concerns about nitrogen gas leaking at ground level had been raised during the 18 months before the deaths. Prosecutors revealed that additional ducting installed to address the problem was poorly designed, insufficiently robust, and later damaged during unrelated roof work.
On the fatal day, this additional ducting had become loose, releasing concentrated nitrogen into the confined passageway. Craig Hassall KC, prosecuting, told the hearing: When these men entered the passageway ducting had become detached, pumping concentrated nitrogen into a narrow space. Ultimately, they were killed by a colourless, odourless gas. When they walked into the passageway, they were given no warning of the risks.
Inadequate Safety Systems
The factory's safety systems proved woefully inadequate. There was no record of Neil Moon being on site, and while Jonathan Collins had signed in, there was no indication he had left. The court heard there was no system to identify oxygen-depleted atmospheres, no effective way to track contractors on site, and no prompt realization that the men had not signed out at the end of their workday.
Busola Johnson of the Crown Prosecution Service stated: The risks around nitrogen gas had been repeatedly raised and still nothing was done. These deaths were entirely avoidable.
Chronology of a Tragedy
The two pest controllers, employed by contractors Ecolab, arrived at the factory at 8:30am on October 4, 2018. They were last known to be alive at 11:40am when captured on CCTV. When neither returned home that evening, worried families raised concerns, sparking a search of the site. Their bodies were discovered at 1am in a one-man-width passageway running between the factory and Attleborough railway station tracks.
The chilling system had been installed in May 2017, with subsequent concerns about clouds of mist drifting across railway station tracks and platforms. Three modifications were attempted in September 2017, January 2018, and April 2018, including adding extra exhaust ducts to expel waste gas from the roof chimney.
Mr Hassall stated: The prosecution case is that additions and communications about these changes were not properly done and the ducting added to the chimney was not properly robust. He characterized the companies' actions as cavalier and said they failed to keep employees and contractors safe.
Judicial Findings on Responsibility
Mrs Justice Farbey outlined the systemic failures by both companies. Banham Poultry, which employed 900 people, had failed to introduce regular safety inspections of pipe ducts despite knowing they had been temporarily fixed. Air Products was responsible for a serious failure as, while using a long-standing subcontractor, it ought to have been obvious work done should have been inspected and monitored.
The court heard Air Products had a previously impeccable safety record and had since introduced steps to monitor work involving nitrogen.
Personal Tragedies Revealed
Victim impact statements revealed the profound human cost. Neil Moon's wife Gillian, pregnant at the time of his death, described him as a calm and easy-going person who would do anything for anyone. My life stopped but I had to find the strength to carry on for our son, she said, adding: I still don't know why it has taken these companies seven-and-a-half years to accept responsibility for causing these deaths. The careless and reckless actions of those responsible have had catastrophic consequences.
Moon's daughter Dakota described her father as an amazing father and said: My dad was a kind and caring man just doing his job. They were robbed of their lives.
Jonathan Collins's fiancée, Sara Dutton, said he was a strong and devoted family man who doted on his children aged one, four and six. He had been excited about starting a new job with plans for a new home and marriage. My life and the lives of my children changed forever. Our grief has not diminished over time, Ms Dutton stated.
The families' plea for greater corporate responsibility echoes through this tragedy, emphasizing that no amount of financial penalty can restore the lives lost through preventable safety failures.
