Lichfield food firm prosecuted after conveyor incident

Date:

8 February 2011

Release No:

WM344/11

A Lichfield supplier of prepared salads has been prosecuted after a man broke his arm in a moving conveyor.

Tamworth Magistrates' Court heard that Zubair Hussain was cleaning a conveyor, which had been installed six months previously as part of a £1m upgrade.

The 29-year-old's forearm was broken in four places and his thumb and index finger were also fractured when his right arm was pulled between the running roller and conveyor belt.

A Health and Safety Executive (HSE) investigation found the conveyor was inadequately guarded.

Mr Hussain spent 19 days in hospital as a result of the incident and has since had two operations and will need further surgery in the future.

The court was told the cost of fitting a guard to the machine after the incident was just £600.

HSE prosecuted Soleco UK Ltd, trading as Florette, of Wood End Lane, Fradley Park, following the incident on 19 March 2010. The firm pleaded guilty today to breaching Regulation 11 of the Provision and Use of Work Equipment Regulations 1998. The company was fined £10,000 and ordered to pay £2,587 costs.

HSE inspector Christia Killen said:

"This was a preventable incident that has caused permanent, debilitating injuries to Mr Hussain.

"If Soleco UK had operated a more rigorous purchasing policy system for checking and commissioning new equipment, its supplier could have fitted the guards before the machine was put into use.

"Once Soleco UK had discovered that the conveyor was not properly guarded, nobody should have used the machine until the fault had been corrected.

"HSE provides free guidance on machine safety, which clearly states that employers, not their suppliers, are responsible for making sure that new equipment is safe to use."

Notes to editors

1. The Health and Safety Executive (HSE) is Britain's national regulator for workplace health and safety. It aims to reduce 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. Regulation 11 of the Provision and Use of Work Equipment Regulations 1998 states: "Every employer shall ensure that effective measures are taken to prevent access to any dangerous part of machinery".
3. HSE guidance on buying new machinery can be downloaded from http://www.hse.gov.uk/pubns/indg271.htm

Press enquiries

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

Issued on behalf of HSE by COI News & PR West Midlands