Somerset employer prosecuted after teenage employee loses fingers

Date:

5 September 2011

Release No:

10/HSE/SR/SW

A Somerset man has been prosecuted after an 18-year-old employee lost four fingers while working on a milling machine.

Nigel Ashley, a partner at the precision engineering firm, Ashley's of Yeovil, appeared at the town's Magistrates Court in a prosecution brought by the Health and Safety Executive (HSE) over the incident.

Kyle Bishop was injured on 1 March 2010 while working at the firm's premises where machinery spares and engineering components for the tobacco industry are manufactured. He had been employed by the firm for six months.

The court heard apprentice machinist Kyle, who worked with lathes, grinding and milling machines, was changing a cutter on a milling machine when he inadvertently switched the machine on while the cutter was still in his hand.

Half an index finger, most of his middle finger, and both his ring and little finger of his left hand were severed during the incident. Surgery to re-attach the fingers was unsuccessful.

HSE told the court the system of work for changing cutters was not safe and risks from operating the milling machine and changing cutters had not been adequately assessed.

The HSE investigation also found there was insufficient guarding around the machine to protect body parts during its operation. There were no interlocks and the start buttons were not covered, which would have prevented inadvertent activation during setting up and maintenance.

HSE Inspector Leo Diez said:

"For a young man to lose four fingers in an incident like this at the start of his career is serious and severely affects his future employment prospects.

"If safe systems of work, sufficient guards on the machinery and adequate supervision had been in place, this would not have happened.

"Every year there is between 40 and 50 major injuries in England arising from milling, turning and drilling activities in manufacturing industries and these could be avoided if safe systems of work were put in place and proper risk assessments carried out."

Nigel Ashley of Lower Horton, Ilminister, pleaded guilty to Section 2 (1) of the Health and Safety at Work etc Act 1974 and was fined £10,000 and ordered to pay costs of £7,376.40

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
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. The court also ordered the defendant to pay a separate £15 victim surcharge, the proceeds of which will be spent on services for victims and witnesses.

Press enquiries

Regional reporters should call the appropriate Regional News Network press office.

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