The Health and Safety Executive (“HSE”) has the power to fine businesses whose actions or negligence put their employees or the general public in harm’s way. HSE fines are not there to make good the harm caused to anyone injured but to teach negligent employers a lesson. Injured employees can make a compensation claim through a personal injury solicitor to access the money they need to rebuild their lives following their injury.
HSE recently reported that a farming partnership has been fined £20,000 after a worker trapped his leg in a potato harvester machine and suffered life-changing injuries as a result.
The employee, who was working on a farm in Cheshire, was trying to work out the best way to remove a blockage, when his leg was caught and dragged into the machine.
After investigating, the HSE learned that the machine hadn’t been fully turned off while the blockage was being investigated, the mechanical guards (which were supposed to keep employees away from the dangerous parts of that machine) had been left open, and there was no safety checklist for the employees to follow. The training provided by the employer had been less than adequate, compounded by insufficient supervision.
According to statistics from the Labour Force Survey, 2,200 people were injured in 2023/24 by moving machinery at work. More than half of those required over a 1 week off work.
The types of machine that can cause such accidents range from familiar everyday tools like drills and saws, to overhead gantries, cranes, and factory conveyor belts. Employers need to think carefully about the hazards they may be exposing their employees to when this equipment is in use.
The precautions employers need to take to protect their workers are not onerous but are essential for ensuring safety. These include properly planning and supervising the work with a thorough assessment of any risks associated with the machinery in advance. Employees should be provided with a written set of instructions or a checklist that clearly outlines the safest way to operate the machine and how to address any issues that may arise. Machine guards, which are installed for safety, must never be removed while the machine remains plugged in or live. Any attempts to repair machinery should only be made when the machine is completely switched off. Additionally, all work involving machinery should be performed by individuals who have received proper training and understand the necessary precautions to minimise the risk of accidents. The need to get broken or blocked machines working again quickly might make people feel pressured into taking shortcuts, but a good employer will bear that in mind, and ensure their ‘Safe System of Work’ allows the employee to resolve the problem with the machine in the safest way possible, even if that isn’t necessarily the quickest way possible.
By-passing one or more of the designated safety precautions can lead to tragic results and considerable financial consequences.
Leigh Woodham says ” When an employee is asked to work with a new piece of machinery, they should ask to see their employer’s “Safe System of Work” for that particular machine, and fully familiarise themselves with both the hazards associated with it, and the precautions that should be taken to avoid injury when using it. If an employee notices any part of the machinery is missing or broken, they should report this. Then someone with appropriate training should isolate the machinery from any power sources before undertaking any repairs. ”
How we can help
If you have suffered a life changing injury at work which you believe was preventable, we may be able to help you. You may have become aware that shortcuts were taken in relation to health and safety matters at work, or you may believe that you were not given adequate training to prepare you for the dangers when using a particular machine.
You might not consider that what happened to you was preventable, but we have decades of experience assessing accidents to understand if they could have been prevented and if someone’s actions (or lack of action) caused them. To have a free confidential discussion with Leigh or a member of his team, call us on 0800 044 8488 or fill in our contact form here so we can call you back at a time convenient for you.
It is not necessary for the HSE to have fined your employer or have found them negligent for a personal injury claim to be successful.
