The Importance Of Health and Safety Risk Assessment

04/08/2015

The recent prosecution of a Merseyside food company highlights the importance of carrying out an adequate health and safety risk assessment in the operation and maintenance of machinery to protect workers' health and safety.

In this case, an employee sustained permanent injuries to his finger after he inserted his hand into a sugar dispenser to assist the flow when the sugar became clumped in the machine.  When the scales reached a pre-set target weight of 25kg, the valve shut on his hand, fracturing and lacerating his first finger. 

Health and Safety Failures

The company pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 (PUWER) which states that employers should prevent access to any dangerous parts of machinery or a rotating stock-bar, or alternatively, stop the machine or the movement of the stock-bar before an employee enters a danger zone.

To comply with Regulation 11(1),  in accordance with Regulation 11 (2) the employer should ensure;

a)      the provision of fixed guards enclosing every dangerous part or rotating stock-bar where and to the extent that it is practicable to do so, but where or to the extent that it is not, then

b)      the provision of other guards or protection devices where and to the extent that it is practicable to do so, but where or to the extent that it is not, then

c)      the provision of jigs, holders, push-sticks or similar protection appliances used in conjunction with the machinery where and to the extent that it is practicable to do so, but where or to the extent that it is not, then

d)      the provision of information, instruction, training and supervision.

Risk Assessment Requirement for Health and Safety Compliance

The company also admitted breaching Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999.  This Regulation states that every employer must make a “suitable and sufficient” assessment of the risk to health and safety to both employees and non-employees who may be exposed to risks due to connection with the employers undertaking “for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997.”

The company was fined £15,000 for each breach with costs of £1,178. 

This prosecution highlights the importance of all companies to ensure they have a regularly updated risk assessment document and continually monitor their health and safety processes and procedures to ensure they are in compliance with current Regulations.

To find out more about Health and Safety compliance and risk assessment, please phone us on 0207 993 6960.