HASE/NW/109/06. GNN141416P. 30 November 2006

Oldham company pays £12,456 after Czech worker is injured by circular saw

Oldham based Factory Reconstruction Co (Manchester) Ltd was today fined a total of £10,500 and ordered to pay £1,956 costs at Trafford Magistrates Court after pleading guilty to three criminal HSE charges.

The charges were brought after Czech employee Jaroslav Linka suffered serious injuries to his left hand while using an inadequately guarded circular saw at its premises at Paradise Mills on Bell Street in Oldham in June 2005.

HSE Inspector Lisa Bailey said:

"Mr Linka, who had been a mine worker in the Czech Republic, was exposed to unnecessary danger whilst using a circular saw to prepare wood for the construction of pallets.

"As he worked his hand came into contact with the saw blade and he suffered severe lacerations to his left hand which could have been prevented with simple guarding and provision of adequate training in the use of a circular saw. Furthermore the company had not carried out a risk assessment for the work he was carrying out.

" It is particularly important that companies employing foreign workers make sure that these workers are adequately trained and understand UK health and safety requirements. Employers must be certain that supervision and workers understand one another and that management decisions and instructions will be properly understood and acted upon".

Factory Reconstruction Ltd was fined £3,500 for a breach of Regulation 8 of the Provision and Use of Working Equipment Regulations (PUWER) in that it had not provided information, instructions and training to Mr Linka who was using the work equipment.

It was fined £3,500 for a breach of Regulation 11 of PUWER in that the machinery was not equipped with adequate guarding.

It was fined £3.500 for a breach of Regulation 3(1) of the Management of Health and Safety at Work Regulations in that no suitable risk assessment had been undertaken for the work which Mr Linka was carrying out.

Notes to editors

1. Within the meaning of the Health & Safety at Work etc. Act 1974 a requirement of Regulation 8(1) of the Provision and Use of Work Equipment Regulations 1998, is for all employers to ensure that all persons who use work equipment have available to them adequate health and safety information pertaining to the use of the equipment.
2. Within the meaning of the Health & Safety at Work etc. Act 1974 a requirement of Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998, is for all employers to ensure that effective measures are taken to prevent access to any dangerous part of machinery.
3. Within the meaning of the Health and Safety at Work etc. Act 1974 ("the Act"), all employers are required by Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999 to make a suitable and sufficient assessment of the risks to the health and safety of their employees whilst they are at work, in relation to their work activities, for the purpose of identifiying the measures they need to take to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions.

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