Health And Safety Of Working With Mechanical Machinery
The University of Warwick has been fined 3,000 and ordered to pay costs of 2,091.20 at Boston Magistrates’ Court following an accident on its horticultural research site in Kirton.
The Provision and Use of Work Equipment Regulations 1998, which states: “every employer shall ensure that measures are taken to prevent access to any dangerous part of machinery or to any rotating stock-bar”. The University of Warwick plead guilty to breaking this regulation.
Also appearing in court over the accident, Standen Engineering Limited, of Ely, Cambridgeshire, was fined 800 and ordered to pay costs of 1,726.71 after it pleaded guilty to breaching Regulation 11(1) of the Supply of Machinery (Safety) Regulations 1992, which requires that “no person shall supply relevant machinery unless the requirements of Regulation 12 are complied with in relation thereto”, where Regulation 12 demands that the relevant machinery must satisfy the relevant “essential health and safety requirements”.
The accident happened on 13th October 2008 involving 28 year old agency employee Gareth Keal, from Boston. His arm was dragged into a harvesting machine, which had been modified from a potato harvester, causing serious injuries. It had been adapted before being supplied to the university by Standen Engineering Limited.
Mr Keal required 18 months of physiotherapy after his stay in hospital for the injuries he sustained during the incident. He suffered damage to his right arm, with injuries to his muscles and soft tissue as well as some ligament and tendon damage.
Accident claims involving unsafe or defective machinery in the UK are on the rise. Similar accidents to the one Mr Keal suffered can happen in a number of different businesses including construction and agriculture environments. The Health and Saftey Executive recently addressed the need for effective risk assessments in the manufacturing industry.
The Health and Safety Executive is required to examine incidents where injury claims are brought against employers by their workers regarding accidents involving dangerous machinery and need a personal injury lawyer.
The Health and Safety Executive, Scott Wynne, said after the case: “The machine was modified by Standen Engineering prior to supply and they failed to adequately assess the machinery’s guarding… Both suppliers and users must ensure that dangerous parts are adequately guarded to prevent access and to ensure that workers, like Mr Keal, are not put at risk”. Mr Wynne called for companies that modify this sort of machinery to ensure health and safety is followed accurately.
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