Summary
An employer permitted a 16 yr old labourer to use a tractor/slurry tanker combination with an inadequately maintained PIC guard. The youth became entangled on the drive shaft and his clothes were torn from his body. He sustained clothing burns to his chest, contusions to head, and a broken left arm. His employer was present in the vicinity helping to assemble equipment for use by contractor. It is believed he grabbed hold of or struck the selector handle on tanker, as he too was carried over the shaft. The handle sheared throwing him to the ground on opposite side of trail bar.
Action
The employer was prosecuted under regulation 5(1) of the Provision of Workplace Equipment Regs 1998 (PUWER) and was fined £750 plus costs of £500. A case was also taken against the contractor who had supplied an inadequately guarded slurry tanker for use and for allowing use of equipment used by a 16 year old. The contractor was fined £1,250 and costs of £500 under regulation 5(1) of PUWER.
Advice
Under PUWER equipment for use should be adequately guarded BEFORE being used. A simple system for checking over equipment before use would have identified the missing guard allowing the problem to be rectified.