Health and Safety Failings – Recycling firm fined for unsafe work with machinery

Recycling firm fined for unsafe work with machinery

Key Facts:

• A recycling firm were investigated after a worker sustained serious injuries to his arm.
• The machinery he was working on was not adequately guarded, and safe work practices were not implemented.
• The recycling firm was fined £5,000 and ordered to pay costs of £893 and a victim surcharge of £120.

The Case:

An HSE investigation was launched into the practices of a London recycling company after a worker sustained serious injuries to his arm whilst working on a baler machine.

The incident occurred in January 2014 when an employee noticed a problem with the rear needle of the baler machine. He reached though the gaps in the machine to try to fix it when his arm became trapped inside the machine.

Had the machine had suitable guarding, the incident could have been avoided. The HSE investigation also identified that it was common practice for workers to try to fix machinery in this unsafe manner as it saved the time of turning off the machine.

The case was heard at Medway Magistrates’ Court in May 2015, where the recycling firm pleaded guilty to breaching the Provision and Use of Work Equipment Regulations 1998. They were fined £5,000 and ordered to pay costs of £893 and a victim surcharge of £120.

What the law states:

Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 states:

“Every employer shall ensure that measures are taken which are effective – (a) to prevent access to any dangerous part of machinery or to any rotating stock-bar; or (b) to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone.”

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