Prosecutions

Two company directors were prosecuted by the Health and Safety Executive (HSE) for failing to install guards on machines used to produce packaging for fast food outlets.

Trafford Magistrates' Court heard the machines removed paper from the ends of giant rolls used by the newspaper industry. But no guards were provided to prevent workers' hands being pulled in by the rotating machinery.

HSE issued the company with an Improvement Notice on 14 January 2008 ordering guards to be installed on the machines at its factory in Wadsworth, Bolton.

The company was given a six month extension on the deadline to comply with the notice but when the site was revisited in August 2008, the guards had still not been installed. HSE inspectors were told the factory would be closing, so no further action was taken.

In early 2010, HSE discovered that, instead of closing, the company had actually moved to new premises on the in Westhoughton and was still using the same unguarded machines. It issued two Prohibition Notices stopping work immediately and another four Improvement Notices.

Later that year, the company stopped trading and one director set up a new company in Pilot Works, Bolton. Again, HSE found that the director had still not had guards fitted to the machines and issued another five Improvement Notices in February 2011.

Both directors both pleaded guilty to breaching the Health and Safety at Work etc Act 1974 by not preventing workers being put at risk at the Westhoughton site, and failing to comply with the Improvement Notice issued at the Wadsworth site.

The second director also admitted failing to ensure the safety of workers at the Pilot Works site. He was fined £705 and ordered to pay £2,500 in prosecution costs on 9 September 2011. The first director, also of the same address, was fined £360 with costs of £1,500.

Speaking after the hearing, a HSE Inspector commented:

"The two directors deliberately set out to avoid complying with the legal warnings we issued, allowing their employees to continue to operate dangerous machinery.

"The risk of workers' hands being pulled into unguarded moving machine parts and belt drives is well known in the manufacturing industry. It's only luck that no employees were injured in this case.

"It beggars belief that they chose to put workers at risk of serious injury after enforcement notices had been served, deciding to put profit over the safety of their employees.

"We had no choice but to prosecute when they continued to deliberately and fragrantly ignore the formal warnings."