25 November Prosecution: Worker fatally injured in machinery accident In the following article, we discuss a recent Health and Safety Executive (HSE) prosecution. This prosecution highlights the need to take workplace safety seriously, and the importance of carrying out and acting on risk assessments. The HSE case A Derbyshire-based company have been fined £277,500 after a worker was trapped and killed in an unguarded machine. He became trapped in the machine, and died from crush asphyxia at the scene. On investigation, the HSE stated that the fatal incident could have been prevented if a suitable risk assessment was conducted and actioned. It was noted that the company’s internal health and safety department had raised the lack of risk assessments in the company a year and a half before the incident, however, no action was taken to address this. The HSE also deemed the accident to be avoidable, stating that the “incident was caused by the failure of Reflex Flexible Packaging Ltd to guard the dangerous parts of the machine Mr Whalley was operating.” Due to the lack of risk assessment for the machine, the lack of guarding, and the lack of safe systems of work or isolation procedures, Reflex Flexible Packaging Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. Be proactive If you are an employer, contractor, or site manager, it is crucial to keep yourself and your workers safe. Ensure you have suitable risk assessments and adequate controls in place. Regularly review your risk assessments and ensure any actions required are put in place, with thorough communication, training and understanding. Ensure machinery is in good working condition (including guarding) and ensure emergency procedures are regularly reviewed and communicated to the team. How can LRB Consulting help you? LRB Consulting Ltd can provide support by conducting site audits, validating current arrangements and helping you identify areas for improvement. We can also support with: Providing risk assessment support (creation, review, training) Helping you achieve third-party accreditation (e.g. CHAS, SafeContractor) Assisting with incident investigation Competent advice on Provision and Use of Work Equipment Regulations 1998 (PUWER) Delivering suitable training (e.g. safe use of work equipment) If you have any questions at all, contact the office on 01509 550023 or enquiries@lrbconsulting.co.uk