Agricultural firm fined for machinery injury | Health & Safety

Agricultural firm fined after machinery injury

Key Facts

• An agricultural firm have been fined after a 16-year-old on work experience suffered severe hand injuries after coming into contact with working machinery.
• The HSE found that no risk assessment had been carried out, and safe systems of work were not in place for the young worker’s time at the agricultural firm.
• They were fined £18,000 plus costs.

The Case

An HSE investigation was launched into the safety practices of an agricultural firm, specialising in the supply of agricultural machinery and motor vehicles, after a teenager was injured by machinery whilst carrying out paid work experience.

The incident occurred on 16 July 2013 as the 16-year-old was working alongside an experienced engineer to complete a pre-delivery inspection on a new combine header.

Whilst leaning over the machinery to get a better view of what the engineer was doing, he placed his hand on the cutter bar. The engineer was not aware of this, and when he rotated the auger, the young man suffered severe injuries to his left hand index finger and right hand middle finger. Fortunately the finger tips could be reattached, but he suffers ongoing difficulties with his grip and issues of numbness as a result of the injury.

The HSE investigation found that no suitable risk assessment had been carried out for the young worker, nor had he been given advice or guidance on where to stand whilst observing the work.

The case was heard at Canterbury Magistrates court in June 2015, where the agricultural firm pleaded guilty to breaching section 3(4) of the Management of Health and Safety at Work Regulations 1999 and section 11(1) of the Provision and Use of Work Equipment Regulations 1998. They were subsequently fined £18,000 plus costs of £4,698.

What the HSE inspector had to say

Speaking after the hearing, HSE inspector Kevin Golding said:

‘The young trainee was not given adequate information, instruction and training to carry out his work safely and sadly his lack of awareness of the dangers led to him being injured.

It is important that employers consider that younger employees may lack experience and awareness of hazards in the workplace compared to other employees and make changes to the workplace and tasks as appropriate.’

What the law states

Section 3(4) of The Management of Health and Safety at Work Regulations 1999 states:

‘An employer shall not employ a young person unless he has, in relation to risks to the health and safety of young persons, made or reviewed an assessment.’

Section 11(1) of The Provision and Use of Work Equipment Regulations 1998, states:

‘Every employer shall ensure that measures are taken in accordance with paragraph (2) which are effective to prevent access to any dangerous part of machinery or to any rotating stock-bar.’

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