Tag: work equipment

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School technician lost a finger

A local authority has been sentenced after a school technician lost a finger while operating a machine.

A school technician at The Forest School in Horsham, lost his right index finger when it was sliced off by a circular bench saw on 13 June 2022.

The 29-year-old, who worked in the design and technology (DT) department, had been operating the saw to cut pieces of wood that were set to be used for a DT lesson. The school technician lost a finger in the accident.

School technician lost a finger

While pushing one of the sheets of wood through the saw, the technician who was 27 at the time, felt a pain in his right index finger and immediately turned off the machine.  As he looked down, he saw his finger lying on the bench.

A Health and Safety Executive (HSE) investigation found West Sussex County Council, the local authority in charge of the school, failed to ensure that the technician was trained to use the bench circular saw, as a result the school technician lost a finger. Whilst the technician had used the saw many times previously, he had not been trained on how to use it safely.

West Sussex County Council pleaded guilty to breaching Regulation 9 of the Provision and Use of Work Equipment Regulations 1998. The local authority was fined £16,000, ordered to pay £4,294.60 in costs and a victim surcharge of £190 at Brighton Magistrates’ Court on 3 July 2024.

HSE inspector Russell Beckett said:

Workers must be trained properly when using high risk woodworking such as bench circular saws. This incident could have been prevented had West Sussex County Council provided [the technician] with proper training.

The Provision and Use of Work Equipment Regulations 1998

The above incident where a school technician lost a finger highlights the importance of training and other issues for workers using 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 – in the current case, the school technician lost a finger having not received any training in the safe use of the circular saw.
  • 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 circular saw machine), ensure that the use of the equipment is restricted to those people trained and appointed to use it – in the current case where the school technician lost a finger, the local authority should have restricted access to those workers who had received training.
  • 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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Company Director Fined

A company director fined after an employee was struck by an object while manufacturing large steel cable drums for the offshore industry.

The man, who is now 54, had been working for Code-A-Weld (Great Yarmouth) Limited when the incident happened on 19 November 2022. Although the company had manufactured steel drums previously, they had never manufactured drums of this size – with these ones weighing in excess of seven tonnes.

However, during the process, the jacking set-up failed at the company’s site in Harfreys Industrial Estate in Great Yarmouth which resulted in a catalogue of serious injuries including fractures to the man’s face and skull, and him losing the sight in one eye.

He was airlifted to hospital, placed into an induced coma and spent just under three weeks in hospital whereby he needed facial reconstruction surgery.

A Health and Safety Executive (HSE) investigation found that Code-A-Weld (Great Yarmouth) Limited failed (i) to carry out a suitable and sufficient risk assessment; (ii) control risks from welding in confined spaces; and (iii) to provide the  full training required.

The investigation also found that company director, David Fowler, failed to provide safe systems of work in relation to metal fabrication work, despite previous HSE interventions regarding failure to risk assess activities in the fabrication workshop.

Company director fined

Had the company put in place correct measures, such as suitable risk assessment, safe systems of work and planning for jacking activity, the incident could have been prevented.

The HSE publication, Health and safety in engineering workshops provides valuable practical advice and can be downloaded free at: Health and Safety in engineering workshops.

Following a sentencing hearing at Chelmsford Magistrates’ Court on 20 June 2024, DJ Williams issued their written judgment on 5 July as follows:

Company Fined

Code-A-Weld (Great Yarmouth) Limited, of Harfreys Industrial Estate, Bessemer Way, Great Yarmouth, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £24,000 and ordered to pay £3,500 in costs.

Director Fined

David Fowler, of Harfreys Industrial Estate, Bessemer Way, Great Yarmouth, pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £2,000 and ordered to pay £1,500 in costs.

HSE Statement

Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of working.  If a suitable safe system of work had been in place prior to the incident, the life-threatening injuries sustained by the employee could have been prevented.

HSE inspector Natalie Prince

If you require advice for your business, please contact one of the Ashbrooke team.

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Employee died loading lorry at landscape company

An employee died loading a lorry at a landscaping company which resulted in the company being fined following a prosecution brought by the Health and Safety Executive. 

An East Yorkshire garden landscaping supply company has been fined £600,000 after an employee died while loading a lorry.

Brian White, 59, was working for Kelkay Limited when he was operating a forklift truck at the company’s site on Heck and Pollington Lane, Pollington, East Yorkshire, on 15 June 2018.

Brian was fatally injured when the lorry he was loading was moved by the driver, pulling the forklift truck over and trapping him underneath.

An investigation by the Health and Safety Executive (HSE) found Kelkay Limited’s risk assessment failed to take into account the possibility of lorries moving while they are being loaded. HSE also found that the systems of work provided for ensuring that vehicles were not moved during loading activities were inadequate.

Kelkay Limited, of Heck and Pollington Lane, Pollington, East Yorkshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £600,000 and ordered to pay £20,848.71 in costs at Grimsby Magistrates’ Court on 30 March 2023.

HSE inspector John Boyle commented: “This incident could have been avoided by implementing the correct control measures and safe working practices.”

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Employee Died Loading Lorry

Loading Guidance

Loading and unloading can be dangerous. Machinery can seriously hurt people. Heavy loads, moving or overturning vehicles and working at height can all lead to injuries or death.

Loading and unloading areas should be:

  • Clear of other traffic, pedestrians and people not involved in loading or unloading.
  • Clear of overhead electric cables so there is no chance touching them, or of electricity jumping to ‘earth’ through machinery, loads or people.
  • Level. To maintain stability, trailers should be parked on firm level ground,
  • Loads should be spread as evenly as possible, during both loading and unloading. Uneven loads can make the vehicle or trailer unstable.
  • Loads should be secured or arranged so that they do not slide around. Racking may help stability.
  • Safety equipment must be considered. Mechanical equipment and heavy moving loads are dangerous.  Guards or skirting plates may be necessary if there is a risk of anything being caught in machinery (for example dock levellers or vehicle tail lifts). There may be other mechanical dangers and safety procedures to be considered.
  • Ensure the vehicle or trailer has its brakes applied and all stabilisers are used. The vehicle should be as stable as possible.
  • In some workplaces it may be possible to install a harness system to protect people working at height. Provide a safe place where drivers can wait if they are not involved. Drivers should not remain in their cabs if this can be avoided. No-one should be in the loading/unloading area if they are not needed.
  • Vehicles must never be overloaded. Overloaded vehicles can become unstable, difficult to steer or be less able to brake.
  • Always check the floor or deck of the loading area before loading to make sure it is safe. Look out for debris, broken boarding, etc.
  • Loading should allow for safe unloading.
  • Loads must be suitably packaged. When pallets are used, the driver needs to check that they are in good condition and loads are properly secured to them.  Employers must ensure that loads are safe on the vehicle. They may need to be securely attached to make sure they cannot fall off.
  • Tailgates and sideboards must be closed when possible. If over-hang cannot be avoided, it must be kept to a minimum. The over-hanging part of the load must be clearly marked.
  • If more than one company is involved, they should agree in advance how loading and unloading will happen.  For example, if visiting drivers unload their vehicles themselves, they must receive the necessary instructions, equipment and co-operation for safe unloading. Arrangements will need to be agreed in advance between the haulier and the recipient.
  • Some goods are difficult to secure during transport. Hauliers and recipients will need to exchange information about loads in advance so that they can agree safe unloading procedures.
  • Checks must be made before unloading to make sure loads have not shifted during transit and are not likely to move or fall when restraints are removed.

There must be safeguards against drivers accidentally driving away too early. This does happen and is extremely dangerous. Measures could include:

Traffic lights.

  • The use of vehicle or trailer restraints.
  • The person in charge of loading or unloading could keep hold of the vehicle keys or paperwork until it is safe for the vehicle to be moved.
  • These safeguards would be especially effective where there could be communication problems, for example where foreign drivers are involved.

If you require health and safety advice for your business, please contact one of our team.

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Corporate Manslaughter Prosecution

A corporate manslaughter prosecution by Dorset Police has resulted in convictions for a waste management company and its director.

A waste and recycling company has been sentenced for corporate manslaughter and other health and safety offences following the death of a man at a site in Poole. A company director has also been sentenced in connection with the incident.

Detectives from Dorset Police have been working with the Health and Safety Executive (HSE) to conduct investigations into two incidents that occurred at the FDS Waste Services in Mannings Heath Road.

The first incident occurred on Thursday 13 December 2018 when an employee at the site was injured following a collision with a vehicle and very sadly died as a result of the injuries he sustained.  The man was sorting recycling materials by hand in the yard when he was struck and killed by a reversing wheeled loader vehicle, which was being used to sort materials.

A further incident occurred on Monday 1 June 2020, in which an employee sustained injuries after becoming trapped in a large mechanical conveyor after he had climbed in to remove a blockage. The man sustained broken ribs and other injuries.

The joint investigation focused on allegations that the company had failed to put in place sufficient working practices to safeguard its employees, including failing to ensure employees were segregated from moving vehicles during waste sorting. It was also found that the company failed to provide its employees with adequate training, monitoring and supervision to prevent vehicle collisions in the yard.

A separate investigation by the HSE found that FDS Waste Services failed to ensure that the workforce was provided with the padlocks required for locking the power source of the machinery in the ‘off’ position and did not offer adequate training for dealing with blockages and other maintenance tasks, which required access behind the machinery guards.

Detectives from Dorset Police’s Major Crime Investigation Team (MCIT) worked jointly with the HSE to conduct detailed enquiries into the operations at the facility and liaised with a number of experts to compile evidence. Following engagement with specialists at the Crown Prosecution Service, charges were approved and the matter was brought before the court.

Following a four-week trial at Winchester Crown Court the company was found guilty of a charge of corporate manslaughter. It was also convicted for two offences of failing to discharge its duty under the Health and Safety at Work Act 1974.

At a sentencing hearing on Wednesday 22 February 2023, the company was ordered to pay fines totalling £640,000, as well as costs of £60,000.  Also, the company director, Philip Pidgley, was also convicted of an offence of failing to discharge his duty under the Health and Safety at Work Act 1974. He was sentenced to six months in prison, suspended for 12 months.

“Our thoughts remain with the family and loved ones of Mr Mohamed, who sadly died as a result of the incident on Thursday 13 December 2018.

“Nothing will ever make up for their loss, but we owe it to them to ensure those who put him and other employees at risk by failing to instil safe working practices are held to account.

“We have carried out a detailed investigation in conjunction with the HSE and other experts in order to demonstrate how the company fell below the standards required of them.”

Detective Superintendent Rich Dixey, of Dorset Police

After the prosecution, HSE inspector Berenice Ray said:

“Both of these incidents, including the tragic death of Mr Mohamed, could have been avoided had well-established measures been taken to ensure workers’ health and safety.

“Those in control of work must ensure that their workplace is organised in such a way that pedestrians and vehicles can circulate in a safe manner.

“They must also ensure that the power source of relevant machinery is isolated and physically ‘locked off’ whenever the guards are removed or access within the machinery is necessary.

“Those in control of work have a duty to assess the risks; devise safe methods of working and provide the necessary information, instruction and training to their workforce.

“They must also adequately supervise work activities to check the effectiveness of the training provided and ensure safe systems of work are followed.

“There is clear, freely available guidance on how to manage these risks available on HSE’s website.”

Guidance

Employers who operate waste management sites must ensure that a suitable and sufficient risk assessment is undertaken covering the plant movement risks.  When considering the risks from vehicle manoeuvring, employers must ensure that vehicles have large enough windscreens (with wipers where necessary) and external mirrors to provide an all-round field of vision.  It is often worthwhile adding extra mirrors to reduce blind spots for drivers. Side mirrors can allow drivers of larger vehicles to see cyclists and pedestrians alongside their vehicles and can be effective in improving visibility around the vehicle from the driving position. These mirrors are fitted to larger road-going vehicles as standard.

Drivers should not place items in the windscreen area or in the way of mirrors or monitors, where they might impede visibility from the driving position. The area of the windscreen that is kept clear by the wipers should not be obscured, and nor should the side windows. Windows and mirrors will also normally need to be kept clean and in good repair. Dirt or cracks can make windows or mirrors less effective.

Some types of vehicles (such as straddle carriers, large shovel loaders and some large quarry vehicles) often have poor visibility from the cab. Visibility can be poor to the side or front of a vehicle as well as behind and loads on vehicles can severely limit the visibility from the driving position.

Lift trucks and compact dumper vehicles in particular can have difficulty with forward visibility when they are transporting bulky loads. Employers should recognise these risks in their risk assessment and think about ways to minimise them.

Closed-circuit television (CCTV) may help drivers to see clearly behind or around the vehicle. CCTV can cover most blind spots and the cost of fitting CCTV systems has fallen since the technology was first developed. Companies who have fitted CCTV have found that it can reduce the number of reversing accidents, so the systems usually pay for themselves in a few years.

Colour systems can provide a clearer image where there is little contrast (for example, outside on an overcast day). However, black-and-white systems normally provide a better image in lower light or darkness, and usually come with infra-red, which can be more effective than standard cameras at night.

Monitors should have adjustable contrast, brightness and resolution controls to make them useful in the different light conditions in which they will be used. Drivers may need to use a hood to shield any monitor from glare.

If possible, fit the camera for a CCTV system high up in the middle of the vehicle’s rear (one camera), or in the upper corners (two cameras). This will provide a greater field of vision and a better angle for the driver to judge distance and provide. It also keeps the camera clear of dust and spray, and out of the reach of thieves or vandals.

However, CCTV systems do have some limitations which employers should consider:

  • If the vehicle leaves a darker area to a more strongly lit area (for example, driving out of a building) the system may need time to adjust to the brightness.
  • A dirty lens will make a camera much less effective.
  • Drivers may find it difficult to judge heights and distances.

Drivers should not be complacent about safety even with CCTV systems installed. They should be trained in proper use of the equipment and employers have a duty to provide such training and instruction.

Reversing alarms may be drowned out by other noise or may be so common on a busy site that pedestrians do not take any notice. It can also be hard to know exactly where an alarm is coming from, and people who are less able to hear are also at greater risk. Alarms can also disturb nearby residents.  However, reversing alarms may be appropriate (based on the risk assessment) but might be most effectively used with other measures, such as warning lights.

Additional advice on transport safety can be found in the HSE Guide to workplace transport safety (HSG 136, 2014) which is available free on the website. If you require health and safety advice or support for your business, please contact one of our team.

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Nestle Newcastle factory fine

Nestle Newcastle factory fine after an employee suffered life-changing injuries.  The incident happened on 30 November 2020 when the man was drawn into a roller mechanism on a conveyor machine.

South Tyneside Magistrates’ Court heard how the maintenance technician was investigating a problem on the conveyor belt of a machine used to make chocolate sweets. While checking the machine, his sleeve was caught in a roller, which dragged his left arm into the machine, trapping it between the roller and a conveyor belt.

A Health and Safety Executive (HSE) investigation into the incident at Nestle’s factory on Rowan Drive, Fawdon, Newcastle upon Tyne found that the company had not properly assessed the risk created by the rollers under the conveyor belt and failed to guard the roller, which was a dangerous part.

It was foreseeable that employees would require access to this area and there was a clear risk of injury to employees coming into contact with this roller. Nestle had previously been prosecuted following a similar incident at its Halifax factory.

Nestle UK Ltd of City Place, Gatwick, West Sussex, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £800,000, ordered to pay costs of £7,776.50 and a victim surcharge of £190 at South Tyneside Magistrates’ Court on October 19.

“This incident could easily have been avoided had Nestle properly reviewed the safety measures at its plant and its equipment to ensure that access to dangerous parts was prevented.

“Nestle were aware of this risk following a similar incident at its Halifax plant but failed to take appropriate action.”

HSE inspector William Gilroy
Nestle Newcastle factory fine
Employers must ensure equipment is safe (stock image)

Work Equipment Guidance

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 a member of the Ashbrooke team.

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Company worker paralysed

A Bernard Matthews worker paralysed in an accident has resulted in the company being prosecuted.  Bernard Mathew’s Food Ltd has been fined £400,000 following two separate incidents where employees were seriously injured.

Colin Frewin was left permanently paralysed and spent six months in hospital following an incident at the company’s Suffolk manufacturing plant.

Worker paralysed

Mr Frewin suffered multiple serious injuries, including a pierced left lung, several broken ribs, four fractured vertebrae and a spinal bleed. He was put in an induced coma for three weeks and is now classed as a T6 paraplegic and has been diagnosed with autonomic dysreflexia (AD).

Chelmsford Crown Court heard how 54-year-old Mr Frewin suffered the injuries on 28 January 2020. He had been tasked with cleaning a large screw conveyor used to move poultry turkeys along and chill them. While working on the gantry between the spin chillers he noticed a turkey stuck at the bottom of it.

As he attempted to dislodge the turkey using a squeegee, Mr Frewin was drawn into the machine. It was only when a colleague noticed Mr Frewin was missing from the gantry and heard his cries for help, the emergency stop was pulled.

The Health and Safety Executive (HSE) investigation found an unsafe system of work meant the chillers remained running as Mr Frewin went to dislodge the turkey.

In a victim personal statement, Mr Frewin described how his horrific injuries left him feeling “isolated” and in need of daily care.

“I will never walk again and so I will be in a wheelchair permanently.  I now have a suprapubic catheter, which was inserted via an operation.  The district nurse has to give me bowel care every day and visits me daily at home.  I also suffer from AD – a condition which is life threatening, as my body doesn’t register if I’m ill.  I have moved from my flat overlooking the sea, to a bungalow.  However, I miss seeing the sea and being close to the seafront and all the amenities. I feel isolated as I cannot go out when I want as I need people to assist me.  The accident has affected my life and my family’s lives.  When I talk about the incident, I sometimes find this upsetting and then have restless nights.”

There was another incident at the same plant five months earlier, on 12 August 2019, when a turkey deboning line had to be shut down after developing a fault.

As a result, 34-year-old Mr Adriano Gama, along with the rest of the employees, were moved to a surplus production line to continue the process.

Whilst working on the surplus production line, one of the wings became stuck in the belt under the machine. Mr Gama attempted to push it out of the way, but as he did do, his gloved hand became caught in the exposed sprocket of the conveyer and was drawn into the machine.

He was eventually freed and taken to hospital having suffered a broken arm and severe damage to the muscles in his forearm.

An investigation by the Health and Safety Executive (HSE) found that on the day of the incident pre-start checks were only completed on the production lines that were regularly used.

Therefore, when workers were asked to move to the surplus deboning line there was no system in place to ensure that it was checked prior to it being put into operation.

The investigation uncovered that two safety guards had been removed and a team leader responsible for the production lines had verbally reported this issue to the engineering team, but it was not followed up by either party.

Bernard Mathews Prosecution

Bernard Matthews Food Ltd of Sparrowhawk Road, Halesworth in Suffolk pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £400,000 and ordered to pay costs of £15,000.

“Both incidents could have been avoided – the consequences were devastating for Mr Frewin in particular.

“If Bernard Matthews had acted to identify and manage the risks involved and put a safe system of work in place they could have easily been prevented.

“Fundamentally, you should not clean a machine while it is running.

“Companies need to ensure that risk assessments cover activities including cleaning and blockages, and that where appropriate, robust isolation and lock off mechanisms are in place for these activities.

“Prior to use you can put in place some pre-start checks and if faults such as missing guards are identified they need to be formally reported, tracked, rectified and closed out.”

HSE Principal Inspector Adam Hills

worker paralysed
Do you provide suitable equipment to your workers?

Worker 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

New Equipment for Workers

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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Worker injured by lathe

A worker injured by lathe suffered lacerations to his forearm and injuries to his neck and face.  Kent Auto Developments Limited, a classic Mini car part manufacturing and engineering firm based in Romney Marsh, was fined following an investigation and prosecution.

On 10 August 2020, the worker was completing the process of polishing brake drums rotating on a manual metalworking lathe. The worker was applying emery cloth by hand, a practice condoned by the company, when he was drawn into the machine which resulted in lacerations to his forearm and injuries to his neck and face. Similar occurrences in Great Britain have resulted in other serious injuries to workers such as severed limbs.

The incident was not reported to Health and Safety Executive (HSE), as is required under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), until three months after the incident.

An investigation by the HSE found that the business had failed to implement a safe system of work in that employees had routinely polished brake drums with an emery cloth by hand on the lathe. This task is known to be dangerous due to the potential risk of entanglement of the cloth in the rotating parts of the lathe, which can result in serious personal injury. If the requirement to use emery cloth on a lathe is unavoidable, then tool posts and holding devices should be used.

At Folkestone Magistrates’ Court, Kent Auto Developments Ltd pleaded guilty to breaching Section 2(1) of The Health and Safety at Work etc Act 1974 and Regulation 4(2) of The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 and was fined £12,000 and ordered to pay £6,349.34 in costs.

“We still see incidents like this, where unsafe work practices with machinery lead to injury, despite the existence of specific guidance published by HSE.

“Workers coming into contact with machinery is the fourth biggest cause of workplace fatalities in Great Britain, with 14 people killed in the year 2020/21. Over 50,000 non-fatal injuries were reported by employers in the same year.

“Employers should ensure that measures are taken to prevent workers from sustaining injury, where it is evident that persons are at risk of becoming entangled in machinery. It’s important that, when people do get hurt, the relevant authorities are notified so that action can be taken to prevent recurrence.”

HSE inspector Sam Brown

Work related deaths and certain injuries are required to be reported to the Health and Safety Executive under RIDDOR.  All deaths to workers and non-workers, with the exception of suicides, must be reported if they arise from a work-related accident, including an act of physical violence to a worker.

Specified injuries to workers

The list of ‘specified injuries’ in RIDDOR 2013 replaces the previous list of ‘major injuries’ in RIDDOR 1995. Specified injuries are (regulation 4):

  • fractures, other than to fingers, thumbs and toes
  • amputations
  • any injury likely to lead to permanent loss of sight or reduction in sight
  • any crush injury to the head or torso causing damage to the brain or internal organs
  • serious burns (including scalding) which (i) covers more than 10% of the body, or (ii) causes significant damage to the eyes, respiratory system or other vital organs
  • any scalping requiring hospital treatment
  • any loss of consciousness caused by head injury or asphyxia
  • any other injury arising from working in an enclosed space which (i) leads to hypothermia or heat-induced illness, or (ii) requires resuscitation or admittance to hospital for more than 24 hours
worker injured by lathe
Specified work-related accidents must be reported

Over-seven-day incapacitation of a worker

Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven-day period does not include the day of the accident but does include weekends and rest days. The report must be made within 15 days of the accident.

Over-three-day incapacitation

Accidents must be recorded, but not reported where they result in a worker being incapacitated for more than three consecutive days. If you are an employer, who must keep an accident book under the Social Security (Claims and Payments) Regulations 1979, that record will be sufficient.

Non-fatal accidents to non-workers (e.g. members of the public)

Accidents to members of the public or others who are not at work must be reported if they result in an injury and the person is taken directly from the scene of the accident to hospital for treatment to that injury. Examinations and diagnostic tests do not constitute ‘treatment’ in such circumstances.  There is no need to report incidents where people are taken to hospital purely as a precaution when no injury is apparent.

Occupational diseases

Employers and self-employed people must report diagnoses of certain occupational diseases, where these are likely to have been caused or made worse by their work: These diseases include:

  • carpal tunnel syndrome;
  • severe cramp of the hand or forearm;
  • occupational dermatitis;
  • hand-arm vibration syndrome;
  • occupational asthma;
  • tendonitis or tenosynovitis of the hand or forearm;
  • any occupational cancer;
  • any disease attributed to an occupational exposure to a biological agent.

Dangerous occurrences

Dangerous occurrences are certain, specified near-miss events. Not all such events require reporting. There are 27 categories of dangerous occurrences that are relevant to most workplaces, for example:

  • the collapse, overturning or failure of load-bearing parts of lifts and lifting equipment;
  • plant or equipment coming into contact with overhead power lines;
  • the accidental release of any substance which could cause injury to any person.

Gas incidents

Distributors, fillers, importers & suppliers of flammable gas must report incidents where someone has died, lost consciousness, or been taken to hospital for treatment to an injury arising in connection with that gas. Such incidents should be reported using the Report of a Flammable Gas Incident – online form.

Registered gas engineers (under the Gas Safe Register,) must provide details of any gas appliances or fittings that they consider to be dangerous, to such an extent that people could die, lose consciousness or require hospital treatment. The danger could be due to the design, construction, installation, modification or servicing of that appliance or fitting, which could cause:

  • an accidental leakage of gas;
  • incomplete combustion of gas or;
  • inadequate removal of products of the combustion of gas.

If you require health and safety advice or support for your business, please contact one of the Ashbrooke team.

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Steel company fined for safety breaches

A northeast steel company has been fined for safety breaches after inspectors visited a site in Bishop Auckland, County Durham.

Acting on concerns raised, the Health and Safety Executive (HSE) visited the steel supplies site in 2019, finding wholly inadequate management of health and safety. It also came to light that; two workers had been injured on separate occasions whilst operating machinery at the premises. In June 2019, an employee was struck and injured by a work piece and suffered an injury to his right hand. In July 2019, an agency worker suffered a finger amputation whilst manually removing a piece of metal near the unguarded blade of another machine.

An investigation by HSE found the company had failed to prevent access to the dangerous moving parts on both machines. These machines were metal rebar forming machines and had been used at the site for a number of years. In addition to the guarding faults, the HSE also found the emergency stop and safety devices wired out on one of the machines.

Furthermore, the machinery risk assessments were substandard, and staff were trained to operate the machines in an unsafe manner. The company also had a forklift truck in daily use, despite it having defective brakes.

Midland Steel Reinforcement Supplies (UK) Limited, of Motherwell pleaded guilty to breaching Sections 2(1) of the Health & Safety at Work etc Act 1974, Regulations 5(1) and 11(1) of the Provision and Use of Work Equipment Regulations 1998 and Regulation 9(3) of the Lifting Operations and Lifting Equipment Regulations 1998.  At Durham Crown Court, the company was fined £450,000 and ordered to pay £41,23.51 costs.

“Companies have a duty of care to those they employee and HSE will not hesitate to take appropriate enforcement action.”

HSE inspector Clare Maltby

safety breaches
Work equipment must be suitable for the task and maintained (stock image)

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 LOLER, pressure equipment must meet the Pressure Systems Safety Regulations and personal protective equipment must meet the PPE Regulations.

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). 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

Risk Assessments

Employers are required by law to protect your employees, and others, from harm.  Under the Management of Health and Safety at Work Regulations 1999, the minimum an employer must do is:

  • identify what could cause injury or illness in your business (hazards)
  • decide how likely it is that someone could be harmed and how seriously (the risk)
  • take action to eliminate the hazard, or if this isn’t possible, control the risk

Assessing risk is just one part of the overall process used to control risks in the workplace.  For most small, low-risk businesses the steps that employers need to take are straightforward.  Risk management is a step-by-step process for controlling health and safety risks caused by hazards in the workplace.  An employer can undertake the risk assessment themselves or appoint a competent person to help.  The five steps of a risk assessment are:

  • Identify hazards
  • Assess the risks
  • Control the risks
  • Record your findings
  • Review the controls

Identify Hazards

Look around your workplace and think about what may cause harm (these are called hazards). Think about:

  • how people work and how plant and equipment are used
  • what chemicals and substances are used
  • what safe or unsafe work practices exist
  • the general state of your premises

Look back at previous accident and ill health records as these can help you identify less obvious hazards. Take account of non-routine operations, such as maintenance, cleaning or changes in production cycles.  Think about hazards to health, such as manual handling, use of chemicals and causes of work-related stress.  For each hazard, think about how employees, contractors, visitors or members of the public might be harmed.

Some workers have particular requirements, for example young workers, migrant workers, new or expectant mothers and people with disabilities.  Ensure that you involve your employees as they will usually have good ideas.

Assess the risks

Once you have identified the hazards, decide how likely it is that someone could be harmed and how serious it could be – this is assessing the level of risk. In assessing the level of risk, decide:

  • Who might be harmed and how
  • What you’re already doing to control the risks
  • What further action you need to take to control the risks
  • Who needs to carry out the action
  • When the action is needed by

Control the risks

Look at what you are already doing, and the controls you already have in place to ensure the safety of workers and others. Consider:

  • Can I get rid of the hazard altogether?
  • If not, how can I control the risks so that harm is unlikely?

If you need further controls, consider:

  • redesigning the job
  • replacing the materials, machinery or process
  • organising your work to reduce exposure to the materials, machinery or process
  • identifying and implementing practical measures needed to work safely
  • providing personal protective equipment and making sure workers wear it

Put the controls you have identified in place. It is important to remember that you are not expected to eliminate all risks but you need to do everything ‘reasonably practicable’ to protect people from harm. This means balancing the level of risk against the measures needed to control the real risk in terms of money, time or trouble.

Record your findings

If you employ 5 or more people, you must record your significant findings, including:

  • the hazards (things that may cause harm)
  • who might be harmed and how
  • what you are doing to control the risks

The HSE has a number of example risk assessments on its website as a guide for employers.  Employers should not rely purely on paperwork, as the main priority should be to control the risks in practice.

Review the controls

You must review the controls you have put in place to make sure they are working. You should also review them if:

  • they may no longer be effective
  • there are changes in the workplace that could lead to new risks such as changes to:
  • staff
  • a process
  • the substances or equipment used

Also consider a review if your workers have spotted any problems or there have been any accidents or near misses.  You should then update your risk assessment record with any changes you make.

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

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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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