Finger amputation at work leads to £10,000 fine

Date:

11 February 2010

Release No:

WM549/09

A window manufacturer has been fined £10,000 after an employee had a finger sliced off at its Dudley factory.

M&M Windows Ltd, which has its head office in Droitwich Spa, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and Section 1(1) of the Employers' Liability (Compulsory Insurance) Act 1969. As well as the fine, Dudley Magistrates also ordered the company to pay £2,500 towards costs.

The court heard how on 19 May 2009, at the factory in Quarry Bank, Brierley Hill, employee Jeremy Adams was cutting window frames on a double pivoting head mitre cutting saw when his hand was caught by the blade. His left index finger was amputated and his middle finger needed major surgery and reconstruction. Mr Adams has been unable to work since the incident.

It later emerged that the company was not insured against injuries to its employees, as it believed it was exempt because it employed mainly agency staff.

HSE inspector Jenny Skeldon said:

"This worker has been severely let down by his employer. It was an injury that could have easily been prevented but the company failed to ensure the saw machinery was fully guarded to prevent access to dangerous parts. The company should have recognised the obvious safety defects with the saw and taken action to prevent injury.

"Also, not having insurance in place was a gross failure of duty to its employees. It is crucial that all companies look at the relationship they have with its workers, agency or not, and the degree and extent of control they have over the work done as this will indicate if insurance is required.

"HSE published detailed Approved Codes of Practice guidance and leaflets which give practical advice on these topics so there is no excuse."

Visit http://www.hse.gov.uk/workers/agencyworkers.htm for more information about health and safety obligations when employing agency workers. There is specific guidance here: http://www.hse.gov.uk/pubns/ppis8.pdf about health and safety when manufacturing plastic windows.

Notes to editors

1. 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."
2. Section 1(1) of the Employers' Liability (Compulsory Insurance) Act 1969 states: "...Every employer carrying on any business in Great Britain shall insure, and maintain insurance, under one or more approved policies with an authorised insurer or insurers against liability for bodily injury or disease sustained by his employees, and arising out of and in the course of their employment in Great Britain in that business, but except in so far as regulations otherwise provide not including injury or disease suffered or contracted outside Great Britain."

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Issued on behalf of the Health and Safety Executive by COI News & PR (West Midlands)