Health and Safety Failings – Prosecution follows unguarded machine incident

Prosecution follows unguarded machine incident

Key Facts:

• An employee suffered crush injuries and a broken arm after an incident involving an unguarded machine.
• Whilst the hazard had been identified, guards had not been installed to prevent access.
• The packing company were prosecuted and were fined £10,000, plus costs of £2,328.

The Case:

An investigation was launched into the safety procedures of a packaging company after a worker was injured in an incident involving an unguarded machine on 12 February 2014.

On the day of the incident, the 20-year-old employee was working on a mailing machine, which processes rolls of plastic film into sealable plastic bags. The worker was attempting to clean a moving belt on the machine when his hand and arm was dragged into the machine between a roller and the belt.

He suffered crush injuries and a compound fracture to his right arm. He needed surgery to have metal plates and screws inserted into his arm. He continues to suffer, including having difficulty lifting, suffering flashbacks, and requiring medication in order to sleep.

The subsequent HSE investigation found that the incident could have been prevented had the machine been better guarded. Whilst the company had identified that there was a risk of entanglement from the moving belts, they had not been guarded to prevent access.

The investigation also found that the employee had received training on a similar machine, and that whilst it was not safe, it was considered normal practice to clean the machine whilst it was still running. Although this was not normal practice in the case of the machine that injured him, inadequate training had not made this clear.

The case was heard at Stevenage Magistrates Court on 10 April 2015, where the company pleaded guilty to breaching the Provision and Use of Work Equipment Regulations. They were fined £10,000, plus costs of £2,328.

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Sandra Dias stated that:

“No matter what industry you work in, machinery should always be adequately guarded to prevent injury. 

“It is also important that adequate are provided to employees – especially when they are operating machinery that differs from what they may have used before.” 

What the law states: 

Section (11)(1)a of the Provision and Use of Work Equipment Regulations states:

“Every employer shall ensure that measures are taken in accordance with paragraph (2) which are effective to prevent access to any dangerous part of machinery or to any rotating stock-bar” 

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