London boss prosecuted after worker's finger amputated

Date:

22 November 2012

Release No:

LSE/209/12

A company boss from north west London has appeared in court after a worker had to have a finger amputated when his hand was caught in machinery and severely crushed.

Ernest Henderson, 43, of Enfield, was working as a maintenance manager for Ian Goldstein, who runs a smoked salmon business at premises in Lowther Road, Stanmore, Harrow.

Westminster Magistrates' Court heard today that Mr Henderson was attempting to repair a fish skinning machine that was making a loud screeching noise when in use, when the incident occurred on 17 December 2010.

He removed the safety guards around the machine and then switched it on, but a rag he was holding for cleaning got caught and his right hand was dragged into the moving parts.

His hand was severely crushed and his index finger was so badly damaged it had to be amputated at hospital. The injury means he still finds it difficult to do everyday tasks, although he has now returned to work.

An investigation by the Health and Safety Executive (HSE) found that Mr Henderson had not been trained in how to repair machinery at the site, despite being the maintenance manager. His competence to repair machinery had never been adequately assessed and he was left unsupervised when completing maintenance work.

He had also not been given a safe system of work to follow to ensure he carried out the task safely, by not running the machine once the safety guards were removed. It was also found that the emergency stop buttons on the fish skinning machine were not operational.

Ian Goldstein, 61, of Lowther Road, Stanmore, Harrow, pleaded guilty to breaching the Health and Safety at Work etc Act 1974. He was given a two-year conditional discharge and was ordered to pay £1,609 costs.

After the hearing, HSE inspector James Caren, said:

"This incident was entirely avoidable. Had Mr Goldstein recognised the dangers of carrying out maintenance work on factory machinery and provided a safe system of work it would have never happened.

"But he failed to assess the risks or provide Mr Henderson with the required control measures to keep him safe. He should have also checked Mr Henderson's competence regularly and provided proper training, instruction and supervision.

"All companies, whatever their size, need to identify key risks and put appropriate measures in place to ensure their employees' safety and it is essential that those asked to do dangerous tasks such as machinery maintenance are competent."

For information and advice on safe working with machinery, visit www.hse.gov.uk/manufacturing

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."

Press enquiries

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

Issued on behalf of the Health and Safety Executive by the Regional News Network