08/12/2015
A self-employed man was left with muscle loss and nerve damage after being struck in the arm by a pusher blocker. The worker, Graeme Myers, was lubricating a chain on an auto-plant machine at Prospect Quarry in Matlock on 2nd July 2014 when he reached over a fence at the end of the machine. The machine was still running and the pusher block used to transport empty trays moved forward striking his arm, causing a large wound which required immediate surgery.
Mr Myers was unable to work for three months following the incident.
Roofing and insulation firm IKO Plc pleaded guilty to breaching Regulation 11 (1) of The Provision and Use of Work Equipment Regulations 1998 and were fined £10,000 and ordered to pay costs of £2,331.21 and a victim surcharge of £120.
Regulation 11 (1) of The Provision and Use of Work Equipment Regulations 1998 provides;
11. Dangerous parts of machinery
(1) Every employer shall ensure that measures are taken in accordance with paragraph (2) which are effective—
(a) to prevent access to any dangerous part of machinery or to any rotating stock-bar; or
(b) to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone.
Chesterfield Magistrates Court heard that the fence height should have been higher to prevent access to the pusher block and other dangerous parts of the machine. However, when IKO Plc moved the machine from its previous location it failed to identify the change in floor level which reduced the height of the guard, allowing access to the dangerous parts. A risk assessment should have been done in order to prevent this type of incident occurring.
Health and Safety Executive Inspector Lyn Spooner said outside the Court that the risk was “obvious” and “Companies must prevent access to dangerous parts of machinery in order to prevent serious injury and in cases like this there are often simple measures that could and should have been taken to prevent the accident occurring ”.
Fisher Scoggins Waters are a London based law firm who are experts in construction, manufacturing and engineering matters. If you have recently had a health and safety incident occur in your workplace or require other legal advice please phone us on 0207 993 6960.