Firm fined £150,000 after worker's arm crushed in roller

248/SWW/09 10 July 2009

The Health and Safety Executive (HSE) issued a warning today about the risks of operating machinery with inadequate guarding, of poor management of machinery safety and of an over-reliance on training.

The warning comes after chewing gum manufacturer, The Wrigley Company Limited, of Plymbridge Road, Estover, Plymouth, Devon, pleaded guilty to breaching both Section 2 (1) of the Health and Safety at Work etc. Act 1974 and Regulation 11 (1) of the Provision and Use of Work Equipment Regulations 1998.

The company was fined £75,000 for the first charge and £75,000 for the second and ordered to pay costs of £21,000 at Plymouth Crown Court today (10 July 2009).

HSE prosecuted the company following an incident on 3 January 2007 in which company employee, Philip Poyntz (29 at the time) was seriously injured at the Estover plant in Plymouth while attempting to clean the trim return conveyor belt on one of the site's gum sheeting machines.

Speaking after the hearing, HSE Inspector, David Cory, said: "This incident was entirely preventable and happened because the moving conveyor belt was unguarded. This meant that Mr Poyntz's arm could be drawn into the machinery and caught in the conveyor's tail drum, resulting in very serious injuries from which he is still suffering today. He has not been able to return to his previous work since the incident and remains signed off from the company.

"The obvious health and safety hazard caused by the lack of guarding should have been addressed immediately. Two previous safety consultant reports commissioned by the company in 2002 and 2006 had highlighted such guarding deficiencies but their action to address the issues at the site was incomplete and they did not improve the guarding on the tail drum of the conveyor involved in the incident.

"Instead, the company incorrectly relied upon training and the expectation that staff would always follow isolation procedures during the cleaning of the conveyor.

"As this case proved, staff training on its own is no substitute for adequate machinery guarding. Appropriate guarding or other protective devices should always be considered and provided first, before and in addition to staff training as required by legislation.

"Our investigation also found poor guarding on other conveyors and gum-making machinery, even several months after this particular incident, and most of these had been raised already in the consultants' previous reports.

"The outcome of this case has helped to highlight HSE's safety messages to all companies operating machinery, especially the importance of fitting guarding which meets the required legal safety standards. All employers have a duty of care towards their employees. Those who fail to take this responsibility seriously could face severe repercussions."

In the food industry, flat belt conveyors account for around 30% of all machinery incidents and 90% of conveyor incidents involve in-running nips, often associated with normal cleaning activities or similar routine procedures (as was the case in this incident). HSE has long-standing published guidance on the issue of conveyor safeguarding for food or drink companies.

Notes to editors

1. The Wrigley Company pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974, in that: (between the period of 21 January 2002 and 29 June 2007) 'it failed to ensure, so far as was reasonably practicable, the safety of its employees, including Mr Philip Poyntz and those employees involved in operating, cleaning, and maintaining the No.1, No.4 and No.5 chewing gum sheeting machines, in that it failed to provide or maintain these items of plant in a safe condition ....'.
2. The Wrigley Company also pleaded guiltycontravening Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 in that: 'it failed to ensure effective measures were taken to prevent access by its employees, including Mr Philip Poyntz, to dangerous parts of machinery, namely the in running nip formed by the tail drum and conveyor belt of the No. 4 chewing gum sheeting machine, lower trim return conveyor belt.....'.

Further guidance and advice on health and safety issues relating to operating plant machinery and guarding in the food industries can be found on the HSE website at: www.hse.gov.uk/food/machinery

Other general guidance and advice for guarding and other H&S topics in many other industries is also available via HSE's website at: www.hse.gov.uk

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Issued on behalf of the Health and Safety Executive by COI News and PR South West.