Safety failings led to farm worker's injury

Date:

19 September 2012

Release No:

HSE/EM/133/12

A Lincolnshire farmer and an agricultural machinery supplier have been fined after a young casual worker had three tendons in his right hand severed by a potato crusher.

The 25 year-old man, who does not wish to be named, had been working for farmer Timothy Dean, 55, at Waterloo Farm, Wilsford, Sleaford, to help with the potato harvesting, on 15 June 2009.

Grantham Magistrates' Court was told that a potato crusher, designed and built by Grimme (UK) Ltd, had been fitted on the potato harvester but had no guard in place to protect workers against dangerous moving parts.

On the first day of using the crusher it kept getting blocked with stones. The team decided that each time a stone got stuck, they would signal the harvester driver, who would isolate the power on the machine, and the workers would reach into the crusher and knock the stones out using a lump hammer.

At one point when the crusher blocked, the young worker signalled the tractor driver, who stopped. However the driver had stopped for another reason and hadn't isolated the power on the crusher. When the worker put his hand in it got caught up in the machinery severing the tendons.

The young worker has since regained some use of his hand.

In a prosecution brought by the Health and Safety Executive (HSE) magistrates heard that Grimme (UK) Ltd supplied the crusher attachment to farmer Timothy Francis Stuart Dean. There were defects found with the machine in that there was no safety guard to stop people accessing the dangerous moving parts and an instruction manual wasn't provided.

HSE found that Timothy Dean had failed to properly assess the risks entailed in the work and hadn't got a safe system of work for the farm workers.

Timothy Francis Stuart Dean of Thorpe Drive, South Rauceby, Sleaford, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999.

He was fined £20,000 and ordered to pay costs of £9,566.

Grimme (UK) Ltd, of Station Road, Swineshead, Boston, Lincolnshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. They were fined £16,000 with costs of £15,000.

Since the incident Grimme (UK) Ltd has modified the crusher and provided an instruction manual.

Speaking after the hearing, HSE Inspector Sarah Jardine said:

"This incident could have been a lot worse given the nature of the machine. The young man is very lucky to have regained some use of his right hand.

"This wouldn't have happened at all if Mr Dean had carried out a risk assessment and put in place a safe system of work and if Grimme (UK) Ltd had supplied a crusher that included a safety guard, and provided instructions on how to safely clear blockages.

"Both the supplier and user of the machine had a clear duty to ensure the machine was safe and that the critical parts were assessed and the appropriate measures were taken."

Notes to editors

1. The Health and Safety Executive 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. 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. Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999 states: "Every employer shall make a suitable and sufficient assessment of the risks to the health and safety of his employees to which they are exposed whilst they are at work."
4. Section 3(1) of the Health & Safety at Work etc Act 1974 states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risk to their health & safety."

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