Health and Safety Failings – Firm prosecuted after wrong magnet costs worker his toes

Firm prosecuted after wrong magnet costs worker his toes

Key Facts:

• An engineering firm have been prosecuted after a worker suffered severed and broken toes when a metal sheet dropped on his feet.
• The magnet the workers were using to lift the sheet was not appropriate for the size and weight of the sheet being moved.
• They were fined £16,000 and costs of £1,036.

The Case: 

The HSE launched an investigation at an engineering firm after a worker severed three toes in one foot and broke all the toes on the other foot in an incident on 17 February 2014.

The 20-year-old employee was working with a colleague to unload a delivery of steel sheets on the morning of the incident. They unloaded two small metal sheets, but a third detached from the magnet and fell. They thought the magnet’s failing was due to the cloth they had put around the magnet, so removed the cloth before unloading bigger sheets. It was then that a 700kg sheet became dislodged from the magnet holding it in place, and fell onto his feet.

The big two and next two toes on his right foot were sliced off, and he fractured all the toes in his left foot. Since the incident, he has also had the second toe on his left foot amputated after his big toe shifted during surgery.

The employee has since been able to return to work, but in a reduced capacity, and he is still regaining his walking skills.

The case was heard at Maidstone Magistrates’ Court on 12 March 2015. The court heard that the firm failed to ensure the magnet being used was the correct one for the job. The one being used was on hire to the company, and was not designed for the size and weight of the sheets being used. Both the smaller and larger sheets had a 12mm depth, but the instructions on the magnet stated it should not be used to lift anything less than 20mm in depth. The maximum weight for the magnet was 400kg, but the large sheet weighed 700kg.

The firm pleaded guilty to breaching the Provision and Use of Work Equipment Regulations 1998. They were fined £16,000 and costs of £1,036.

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Rob Hassell stated that:

“Anton Hunter, a young engineer, had his life put on hold after suffering a debilitating injury that may impair his ability to walk for the foreseeable future.

The incident could have been prevented if G&P Machine Shop had carried out suitable checks to ensure the lift was within the operating capacities of the magnet. Instead, it seems that in an attempt to improve deliveries, an entirely inappropriate piece of lifting equipment was chosen.

Companies should ensure the equipment they want to use is fit for its intended purpose. Manuals for lifting devices are available to download or direct from the makers. The safe working load (SWL) of lifting equipment is a maximum capacity in optimum conditions – any deviation needs to be investigated and tested.”

What the law states:

Regulation 4(1) of the Provision and Use of Work Equipment Regulations 1998 states:

Every employer shall ensure that work equipment is so constructed or adapted as to be suitable for the purpose for which it is used or provided.

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