Tag: risk

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Prosecution after worker loses part of hand

The Health and Safety Executive (HSE) has undertaken a prosecution after a worker loses part of hand.  Laxtons Limited, a West Yorkshire manufacturing company, has been fined for safety breaches after a worker lost part of their hand in a textile machine.

On 24 March 2021, an employee of Laxtons was running a number of textile machines.  When he opened a guard to check on a build-up of fibres, he reached in to remove material, losing part of his hand.

HSE investigation

An investigation by the Health and Safety Executive (HSE) found that one of the machines had a defective interlock device. This allowed the machine to continue running when the guard, which was located over a pair of in-running rollers and gears, was opened.

Laxtons Ltd of Shipley, West Yorkshire pleaded guilty to breaching Regulation 11 (1) of the Provision and Use of Work Equipment Regulations 1998. The company was fined £15,750 and ordered to pay £759 in costs at Leeds Magistrates’ Court.

worker loses part of hand
Work equipment must be safe to use (stock image)

HSE inspector Julian Franklin said:

“Machine guarding should be in line with the appropriate standard, and regularly checked.  This incident could so easily have been avoided by simply training staff in the safe and correct way of operating machinery, and regularly checking that safety devices are functioning.”

Work equipment

The Provision and Use of Work Equipment Regulations 1998, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment. PUWER also places responsibilities on businesses and organisations whose employees use work equipment, whether owned by them or not.  PUWER requires that equipment provided for use at work is:

  • suitable for the intended use
  • safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate
  • used only by people who have received adequate information, instruction and training
  • accompanied by suitable health and safety measures, such as protective devices and controls. These will normally include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices
  • used in accordance with specific requirements, for mobile work equipment and power presses

Some work equipment is subject to other health and safety legislation in addition to PUWER. For example, lifting equipment must also meet the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER), pressure equipment must meet the Pressure Systems Safety Regulations 2000 and personal protective equipment must meet the Personal Protective Equipment at Work Regulations 1992 (PPE).

If your business or organisation uses work equipment or is involved in providing work equipment for others to use (e.g. for hire), you must manage the risks from that equipment. This means you must:

  • ensure the equipment is constructed or adapted to be suitable for the purpose it is used or provided for
  • take account of the working conditions and health and safety risks in the workplace when selecting work equipment
  • ensure work equipment is only used for suitable purposes
  • ensure work equipment is maintained in an efficient state, in efficient working order and in good repair
  • where a machine has a maintenance log, keep this up to date
  • where the safety of work equipment depends on the manner of installation, it must be inspected after installation and before being put into use
  • where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the risk to health and safety is managed
  • ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear health and safety information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings
  • ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take
  • where the use of work equipment is likely to involve a specific risk to health and safety (eg woodworking machinery), ensure that the use of the equipment is restricted to those people trained and appointed to use it
  • take effective measures to prevent access to dangerous parts of machinery. This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone. Where this is not possible, such as with the blade of a circular saw, it must be protected as far as possible and a safe system of work used. These protective measures should follow the hierarchy laid down in PUWER regulation 11(2) and the PUWER Approved Code of Practice and guidance or, for woodworking machinery, the Safe use of woodworking machinery: Approved Code of Practice and guidance
  • take measures to prevent or control the risks to people from parts and substances falling or being ejected from work equipment, or the rupture or disintegration of work equipment
  • ensure that the risks from very hot or cold temperatures from the work equipment or the material being processed or used are managed to prevent injury
  • ensure that work equipment is provided with appropriately identified controls for starting, stopping and controlling it, and that these control systems are safe
  • where appropriate, provide suitable means of isolating work equipment from all power sources (including electric, hydraulic, pneumatic and gravitational energy)
  • ensure work equipment is stabilised by clamping or otherwise to avoid injury
  • take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down, without exposing people undertaking maintenance operations to risks to their health and safety

When providing new work equipment for use at work, you must ensure it conforms with the essential requirements of any relevant product supply law (for new machinery this means the Supply of Machinery (Safety) Regulations 2008). You must check it:

  • has appropriate conformity marking and is labelled with the manufacturer’s details 
  • comes with a Declaration of Conformity
  • is provided with instructions in English
  • is free from obvious defects – and that it remains so during its working life

If you require advice on health and safety in your workplace, please contact one of the Ashbrooke team.

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Roofer jailed following fall injuries

Roofer jailed for four months after a worker was seriously injured falling through a fragile roof on to a concrete floor.

The man and another labourer, who were working for Geoff Whitehouse, trading as Midland Roofing, were working on a fragile roof on 11 August 2021 to remove old skylights at premises in Henley Road, Warwick.

The injured worker fell approximately three metres through the roof and suffered serious multiple fractures including a fractured skull.

HSE investigation

An investigation by the Health and Safety Executive (HSE) found that the majority of the work could have been done from underneath the roof.  The inside of the roof could have been fitted with nets prior to anyone going on to the fragile surface so that someone falling would have been saved by the nets. The work at height was not adequately planned, managed nor supervised.

Additionally, Mr Whitehouse did not have employers’ liability insurance in place. Employers’ liability insurance ensures employers to have at least the minimum level of insurance to cover against claims brought by employees that are injured at work or become ill as a result of work.

Geoff Whitehouse, trading as Midland Roofing, of Worcester pleaded guilty to breaches under Section 1(1) of the Employers Liability (Compulsory Insurance) Act 1969 and Regulation 4(1) of the Work at Height Regulations 2005 (as amended) at Coventry Magistrates’ Court.  He was sentenced to four months in prison at Redditch Magistrates’ Court.

roofer jailed
Working at height requires careful planning (stock image)

Speaking after the hearing, HSE inspector Michael Griffiths, said:

“Fragile roofs can and do kill. It does not matter how careful you are standing, sitting or walking on a fragile roof, the roof can collapse as it did in this case, causing potentially life-changing injuries.  This case also highlights the need for ELCI insurance in this sort of work where self-employed labourers under the control of a sole trader are ‘employees’ under Health and Safety Law.”

Employers’ liability insurance

Most employers are required by the law to insure against liability for injury or disease to their employees arising out of their employment.  The Employers’ Liability (Compulsory Insurance) Act 1969 requires employers to have at least a minimum level of insurance against any such claims.  Employers’ liability insurance will cover relevant work injuries or illness whether these are caused on or off site. However, any injuries or illness relating to motor accidents which occur while employees are at work may be covered separately by the employer’s motor insurance.

Public liability insurance is different. It covers employers for claims made against them by members of the public or other businesses, but not for claims by employees. While public liability insurance is generally voluntary, employers’ liability insurance is compulsory. Employers can be fined if they do not hold a current employers’ liability insurance policy which complies with the law.  Employers must display a copy of this certificate where employees have reasonable access to it. If they do not, they can be fined.  Since 1 October 2008, employers have been allowed to satisfy this requirement by displaying the certificate electronically for example on the company’s intranet or website. If your employer chooses this method, they must ensure that you know how and where to find the certificate and you have reasonable access to it.

Falls from height are the most common cause of workplace fatalities accounting for 29 deaths in 2021/22. An operation at height requires careful planning and the use of suitable equipment.  A risk assessment should be undertaken as part of the planning and detail the controls required to ensure workers’ safety including any fall arrest systems to be used.  Any worker involved in an activity at height must be competent to carry out the task and be proficient in using the equipment provided.

If you require advice on health and safety in your workplace, please contact one of the Ashbrooke team.

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Keeping it Legal

In this article, Keeping it legal, we consider the expanding burdens on business from legislation. The legal burden on business continues to increase each year with the introduction of new rules, European legislation and domestic laws.  Legal compliance is seen as a significant risk by many business leaders such that a recent MORI poll identified the worst aspect of being a business leader was keeping up to date with legislation.  Legislation governs all of our lives and the business world is no different. 

Continue reading “Keeping it Legal”
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Investing in corporate governance adds value to the bottom line and improves resilience in uncertain times.

We often say that the best companies to invest in are those that have good corporate governance principles but such measures need to be more than superficial gloss and need to be embedded in the organisation if they are to influence the bottom line.  Listed companies are subject to detailed rules on corporate governance which requires significant resources to maintain.  However, private companies which are not subject to these rules are increasingly embracing the governance principles as a means of demonstrating good practice to investors, customers and other stakeholders. 

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Can too much corporate governance stifle SMEs?

Corporate governance has been a major topic in recent years following the economic crisis and various financial scandals.  For companies it is important to have corporate governance in place to ensure that the management team operates the company in the best interests of shareholders and other stakeholders – for listed companies there are detailed rules to follow. 

Continue reading “Can too much corporate governance stifle SMEs?”