HSE warns employers to safeguard employees after worker's hand is fractured

HSE/WM/201/2009 4 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 ThysennKrupp Tallent Ltd, after a Cannock employee's gloved hand became caught in a vertical milling machine.

ThysennKrupp Tallent, of County Durham, was fined a total of £14,000 and ordered to pay costs of £3,776 at Stafford Magistrates' Court (on 4th June, 2009) after the company pleaded guilty to breaching health and safety legislation.

A 26-year-old employee was machining a small bracket for an automotive robot jig when his glove caught in the unguarded cutter, forcing his fingers to bend until they snapped. Fortunately a nearby colleague hit the emergency stop allowing the injured man to pull his hand from the glove that was left entangled in the rotating cutter.

The court heard that ThysennKrupp failed to ensure that effective measures were taken in order to prevent access to dangerous parts of machinery such as that particular 'Bridgeport' milling machine, where the guards had been missing since purchase seven years previously. HSE's investigation also uncovered a 'Bohner Kohle Esslingen' vertical milling machine where the guards had been missing for at least two years and an 'Asquith' radial arm drill where the telescopic emergency trip probe had not been capable of use for some months.

Following its investigation into the incident that occurred, on 29th September, 2008, on the company's premises in Quadrant Point, Cannock, HSE brought three charges against the company under Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. One charge was brought for each of the machines that did not sufficiently safeguard employees. HSE also bought a single charge under Regulation 3 of the Management of Health and Safety at Work Regulations for failing to undertake sufficient risk assessments relating to the engineering machinery in the tool room.

Speaking after the case, HSE investigating inspector Andrew Bowker said:

"Guarding standards on engineering machinery in the factory tool room were poor. There was a view that 'skilled men' did not need their machines to be suitably guarded. It was very fortunate that a colleague was able to hit the emergency stop button on the milling as the injury could have been much worse.

"Milling machines and heavy duty drills can cause serious injury and the company should have done much better in providing appropriate risk control. Appropriate guarding standards for these machines have been known and documented for decades.

"It is important for companies to ensure that they have fully considered all the risks associated with the tasks carried out on machinery. This will allow them to identify the most appropriate and effective control measures in order to prevent access to dangerous parts of machinery.'"

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

Notes to editors

1. 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."
   
   

   Regulation 11(2) states: "measures required by paragraph (1) shall consist of

   1. the provision of fixed guards enclosing every dangerous part or rotating stock-bar where and to the extent that it is practicable to do so, but where or to the extent that it is not, then
   2. the provision of other guards or protection devices where and to the extent that it is practicable to do so, but where or to the extent that it is not, then
   3. the provision of jigs, holders, push-sticks or similar protection appliances used in conjunction with the machinery where and to the extent that it is practicable to do so, but where or to the extent that it is not, then
   4. the provision of information, instruction, training and supervision."

   Regulation 3(1) of the Management of Health and Safety at Work Regulations

   1999 states: "Every employer shall make a suitable and sufficient assessment of - 

   1. the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
   2. the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
2. Approved Code of Practice and Guidance 'Safe Use of Work Equipment - Provision and Use of Work Equipment Regulations 1998' ISBN 978-0-7176-6295-1 obtainable from HSE Books: http://books.hse.gov.uk/
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.