Worker cheats death after being dragged through 125mm gap

Date:

2 June 2011

Release No:

YH/84/11

A worker sustained horrific injuries but miraculously escaped with his life after being dragged through a gap no wider than a CD case on a poorly guarded processing machine in Barnsley.

Two companies were today (2 June) prosecuted by the Health and Safety Executive (HSE) following an investigation into the incident at Compass Engineering, on Whaley Road in Barugh Green.

Barnsley Magistrates' Court heard that Matthew Lowe got caught on a computer controlled conveyer system for moving heavy steel beams, after peering into an outlet point to check a line of work.

The gap on the machine head that Matthew Lowe was forced into after peering into the space to check a line of work

His clothing snagged on the machine and he was forced though an opening just 125mm wide on the machine head, suffering injuries that have caused lasting physical and psychological damage.

His trauma included rupturing his stomach and bowel, breaking his back in two places, shattering his pelvis, and fracturing both hips, his right arm and several ribs.

The HSE investigation into the incident on 19 December 2008 found there was no guarding in place to protect the worker from dangerous moving parts - a serious safety failing for both his employer and the machine supplier, Kaltenbach Ltd, whose UK head office is based at Brunel Road, Bedford.

The court was told that both parties were responsible for ensuring sufficient guarding was in place. The machine ultimately belonged to Compass Engineering after it was bought from new, but Kaltenbach installed and signed-off the equipment as being fit and ready for use.

HSE investigators also established that Matthew, then aged 23, was inexperienced in operating the machinery after being moved from a different line at the factory because of a lull in his regular workload. However, it was the lack of guarding that was deemed the decisive factor.

Compass Engineering Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 in relation to the incident. Kaltenbach Ltd pleaded guilty to breaching Section 6(1)(a) of the same legislation. Magistrates have remitted the case to Sheffield Crown Court for sentencing.

After the hearing, HSE inspector Chris Chambers said:

"It almost defies belief that Mr Lowe's body could contort in such a way to fit through the opening it did, and it's even more astonishing that he survived to tell the tale.

"Granted he will never fully recover from the trauma he endured, but he could easily have been killed, and I could easily be commenting on another life needlessly lost because of basic safety failings.

"Compass Engineering Ltd have at least had the good grace to stand by Mr Lowe and provide continued support, but both they and Kaltenbach ultimately failed to protect the young worker when it mattered most.

"Had appropriate guarding been in place the incident would never have occurred in the first place. I hope today's prosecution serves as a firm reminder to all involved in manufacturing and processing of the need to properly restrict exposure and access to dangerous moving parts."

After the case, Matthew Lowe said:

"What matters most is that the industry learns from my experience. My life has changed forever and no matter how well I recover from my physical injuries I will still have the psychological impact of the accident hanging over me.

"I hope my case highlights the dangers posed by not following health and safety regulations. It still won't be able to put my life back to how it was before the accident but at least then it might prevent others from suffering in the future.

"Too many people are needlessly killed and injured in accidents at work. If hearing my story makes them think twice about safety and about the daily risks they face in the work place, then I'll be happy. Eliminating risk is now a big part of my life as I train to become a site supervisor. I know more than most why that is so important - and I really hope that message gets through.

"I would like to thank the doctors, my family, friends, the HSE and solicitors at Irwin Mitchell for their help and support over this difficult time. I now hope to put the worst behind me and begin to move on with my life."

Incidents involving contact with moving machinery or objects are a prime cause of death and injury in the workplace, according to the latest HSE statistics. Further information about safeguarding machinery can be found online at www.hse.gov.uk

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.
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. Section 6(1)(a) of the Health and Safety at Work etc. Act 1974 states: "It shall be the duty of any person who designs, manufactures, imports or supplies any article for use at work to ensure, so far as is reasonably practicable, that the article is so designed and constructed that it will be safe and without risks to health at all times when it is being set, used, cleaned or maintained by a person at work."

Press enquiries

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

Issued on behalf of the Health & Safety Executive by COI News & PR Yorkshire and the Humber