Leeds Magistrates’ Court has imposed a substantial fine upon a Halifax based company (‘the company’) which pleaded guilty to breaches of Health & Safety Regulations which resulted in an employee suffering crush injury to his chest and arm.
Amandeep Murria of Kangs Solicitors sets out the circumstances.
The Circumstances | Kangs Solicitors Health and Safety Team
- Whilst operating a three-way split screening machine, the employee’s arm became trapped between a roller and a moving conveyor belt.
- Emergency steps were taken to cut the employee free from the machine.
- Injuries sustained by the employee, as a result of the incident, comprised of nerve damage, a fracture to the right arm, broken ribs and a punctured lung.
- An investigation by the Health & Safety Executive (HSE) concluded there was inadequate guarding on the machinery being used.
The Relevant Law | Kangs Regulatory Law Advisors
The Health and Safety at Work etc. Act 1974 (‘the Act’) provides:
‘2 General duties of employers to their employees.
(1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
(2) Without prejudice to the generality of an employer’s duty under the preceding subsection, the matters to which that duty extends include in particular—
(a) the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;
(b) arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
(c) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;
(d) so far as is reasonably practicable as regards any place of work under the employer’s control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks;
(e) the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.’
The Hearing | Kangs Health and Safety Solicitors
The company pleaded guilty to breaching Regulation 2 (1) of the Act and was:
- fined £33,350. 00
- ordered to pay Prosecution Costs of £950
An Inspector from the HSE, Sarah Lee, was quoted as saying:
“This injury was easily preventable and the risk from the unguarded machine should have been identified”.
Employers should make sure they properly assess and apply effective control measures to minimise the risk from dangerous parts of machinery”.
How Can We Help? | Kangs Safety At Work Solicitors
Kangs Solicitors has a wealth of knowledge and experience in dealing with all matters of health and safety law.
Our specialist solicitors are able to provide advice and assistance throughout the entire criminal process, from the initial intervention by the HSE through to enforcement, interview under caution and, ultimately, the defence of any ensuing criminal prosecution.
Who Can I Contact For Help? | Kangs National Criminal Defence Solicitors
Please feel free to contact our team through any of the solicitors named below who will be happy to provide you with some initial advice and assistance.