HSE warns employers to safeguard employees after worker suffers double-fracture to finger

HSE/WM/129/2009 8 June 2009

The Health and Safety Executive (HSE) is warning employers to ensure they have adequate safeguards in place to prevent access to dangerous parts of their machinery. This warning follows HSE's prosecution of Metal Containers Ltd (formerly trading as Greif UK Ltd) after an employee's one finger was broken in two places and another injured in the unguarded rotating part of a chained conveyor.

Metal Containers Ltd, of South Wirral, was fined a total of £7,000 and ordered to pay costs of £5,735 at Burton Magistrates' Court (on 8th June, 2009) after the company had earlier pleaded guilty to breaching health and safety legislation. 

HSE brought charges against the company, under Regulation 3(1)(a) of the Management of Health and Safety Regulations 1999 and Section 2(1) of the Health & Safety at Work etc Act 1974 following its investigation into the incident that occurred, on 29 March, 2008 at the company's Cyclops Works in Victoria Crescent, Burton-upon-Trent, Staffordshire.

As part of the lacquering process lids, for the large ends of steel drums, sometimes become jammed on the chained conveyor where they enter an oven to bake the lacquer. The operator, 55-yr-old Robert Smith, was trying to clear the backlog of lids when his hand became drawn into in the unguarded chain drive. Mr Smith was able to withdraw his hand before it became further entangled but it had already been injured by the teeth of the chain sprocket.

Metal Containers Ltd had failed to identify the risks involved in clearing blockages and the need for guarding on the machine's exposed moving parts. The company had not taken sufficient measures to guard its employees from dangerous parts of machinery.

Speaking after the case, HSE investigating inspector Lyn Spooner said:

"The dangers of using machines without suitable safeguards are well known and long-established. Serious injuries such as amputation can result when limbs, or parts of limbs, become trapped by moving parts so it is fortunate that, in this case, injuries were not more severe. 

"Allowing machines to be operated without suitable and appropriate guards blatantly ignores the safety of employees and is a fundamental failure by the company.

"HSE publishes Approved Codes of Practice, guidance and information leaflets to give practical advice on machinery guarding. There is no excuse for duty holders failing to control risks and protect employees."

Notes to editors

1. Regulation 3(1) (a) of the Management of Health and Safety at Work Regulations 1999 states: "Every employer shall make a suitable and sufficient assessment of - the risks to the health and safety of his employees to which they are exposed whilst they are at work;"
2. Section 2(1) of the Health and Safety at Work etc Act 1974 states:
   "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."
3. Further information on risk assessments can be found on HSE's website at www.hse.gov.uk/risk/index/htm

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