Machinery Accidents In The Workplace

Boston Magistrates' Court has fined the University of Warwick 3000 and ordered them

to pay 2091.20 following an accident in Kirton at their horticultural research site.

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".

Gareth Keal, a 28 year old agency worker from Boston, suffered severe injuries at the university from a harvesting machine supplied by Standen Engineering Limited. On 13th October 2008 Mr Keal's arm was dragged into a modified potato harvesting machine.

Mr Keal suffered serious injuries to his right arm, including damage to his soft tissue and muscles as well as some ligament and tendon damage during the incident. After some time in hospital, Mr Keal required 18 months of physiotherapy.

Accident claims involving defective or dangerous machinery are all too common in the UK. Recently, the Health and Safety Executive made a point of addressing the need for effective risk assessments in the manufacturing industry. However, accidents of the kind suffered by Mr Keal can occur in many types of business, including agriculture and construction.

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.

Scott Wynne, the Health and Safety Executive inspector, said : "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 spoke after the case and called for companies that adapt machinery to ensure health and safety is adhered to when modifying this sort of equipment.

by: Nathan Payne

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