HSE WM/115/08 27 June 2008

HSE warns employers to assess risks properly after worker loses fingers in machine accident in Cannock

Employers are being warned, by the Health and Safety Executive (HSE), to ensure they have adequate safeguards in place to prevent access to dangerous parts of their machinery. The warning follows HSE’s prosecution of Cannock engineering company Rimac Fabrications Limited and Burntwood machine manufacturers Edbro Machine Tools Ltd after an employee of Rimac had all fingers of his left hand amputated by a hydraulic swaging press.

Rimac Fabrications Ltd from Watling Street, Cannock was fined a total of £5,000 and ordered to pay costs of £2,737 at Stafford Magistrates’ Court (on 26th June, 2008) after the company pleaded guilty to breaching health and safety legislation.

At the same hearing, Edbro Machine Tools Ltd, based at Burntwood Business Park, also pleaded guilty, was fined £1,000 for two breaches of health and safety legislation and ordered to pay costs of £1,745.

HSE brought a charge against Rimac Fabrications Ltd, under Section 2(1) of the Health and Safety at Work etc Act following its investigation into an accident that occurred, on 27th June 2007 at Rimac’s site on Watling Street Business Park, Cannock.

A Rimac employee suffered the loss of all four of his left hand fingers while helping to operate a swaging machine. Rimac failed to maintain parts of the machine and this failure left operators unprotected from moving parts of the machine. As the employee reached into the machine to remove an item of work, four fingers were sliced off his hand when, the machine was operated by another employee.

Rimac had failed to carry out a suitable and sufficient risk assessment of the machine during the 2 years it had been on site. Such an assessment should have identified the risks represented by the machine and should have identified the need for improved guarding on the machine.

In the same case HSE brought charges against Edbro Machine Tools Ltd for breaching Regulations 12(1)(a) and 12(1)(e) of the Supply of Machinery (Safety) Regulations 1992 by failing to ensure that the machine satisfied essential health and safety requirements relating to machine guarding when it was supplied to Rimac in April 2005. Edbro was also charged under Regulation 12 (1)(b) of the Supply of Machinery (Safety) Regulations 1992 for failing to ensure that a machine supplied to Rimac had a technical file which included a list of the essential health and safety requirements and other standards which were used when the machine was designed.

Speaking after the case, HSE investigating inspector Andrew Bowker said:

The dangers of using press machines without suitable safeguards are well known. Serious injuries such as amputation can result when limbs, or parts of limbs, become trapped by moving parts. Allowing machines to be operated with critical parts not working and without suitable and appropriate guards and safe systems of work is reckless and blatantly ignores the safety of employees.
Manufacturers and suppliers of such machines should also be well aware of the dangers and need to ensure that machines are manufactured and supplied as a product conforming to legislation and minimising risk to operators or bystanders.

HSE publishes Approved Codes of Practice, guidance and numerous information leaflets to give practical advice on machinery guarding, therefore, there is no excuse for duty holders failing to control the risks and protect employees. In this case Mr Tynan a conscientious long-serving employee of Rimac Fabrications limited suffered hand injuries that will affect his life forever.

Notes to editors:

1. Section 2(1) of the Health and 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 in his employment who may be affected thereby are not thereby exposed to risks to their health or safety”.
2. Regulation 12 (1) of The Supply of Machinery  (safety) Regulations 1992 states: “The requirements of this regulation are that –
   1. the relevant machinery  (or relevant safety component) satisfies the relevant essential health and safety requirements;
   2. the responsible person, at his election, has issued either –
      1. an EC declaration of conformity in accordance  with regulation 22 below; or
      2. in the case of relevant machinery to which regulation 23 below applies, a declaration of incorporation in accordance with that regulation,
   3. the relevant machinery (or relevant safety component) is in fact safe.
3. Further information on risk assessments can be found on HSE’s website at www.hse.gov.uk/risk/index/htm

Public enquiries:

Call HSE's InfoLine, Tel: 08701 545500, or write to: HSE InfoLine, Caerphilly Business Park, Caerphilly CF83 3GG.

ISSUED ON BEHALF OF HSE BY COI NEWS & PR,
Media Enquiries: Journalists only: to Ray Prichard, Tel: 0121 352 5508.
Or Andrew Myatt on 0121 352 5507

HSE information and press releases can be accessed on the Internet:
http://www.hse.gov.uk/

Press Notices issued on behalf of all Government Departments can be viewed on:
http://nds.coi.gov.uk

Issued on behalf of the HSE by Government News Network.