Industrial Baler Incident Leads to Prosecution | Health & Safety

Industrial baler incident leads to prosecution

Key Facts:

• An incident involving an industrial baler resulted in a prosecution after a worker severed both hands in the machine.
• An enforcement noticed was served, and several major failings were identified.
• A month later, there was a second incident involving lead contamination.
• The company was fined £35,000 and costs of £3,000.

The Case:

An investigation was launched in to the processes of a Southampton based recycling firm following serious safety breaches that resulted in a worker severely injuring both of hands in an incident on 8 January 2014.

On the day of the incident, the 38-year-old employee was cutting metal strips on an industrial baler. Despite being fatally flawed, the system was regularly used. His hands became caught in the shear point as a hydraulic-powered bailer lid lowered and met the corner of the baler. The lid’s maximum shear force was 76 tonnes.

His hands were severed at the wrists, and he was rushed to Southampton General and later Salisbury hospital, where surgeons successfully reattached both hands. He will never regain full use of his hands.

The HSE served an immediate enforcement notice to the company, stopping any further hand-feeding of the metal for shearing on the industrial baler by the company.

The subsequent HSE investigation found that the company was unable to provide evidence of a proper risk assessment for the baler. Whilst the injured worker had been shown what to do by practical demonstration and supervision, he had not seen or read the operating manual which stated that the bailing machines should only be operated by one employee. This was crucial as there was no direct line of sight between the operator who closed the industrial baler lid and the hands of the worker loading the metal strips.

A month later, there was a second incident involving lead contamination.  A 24-year-old worker was diagnosed with lead poisoning after two days of cutting up a section of lead boat ballast. The worker was treated for several weeks and later resigned.

The case was heard at West Hampshire Magistrates’ Court on 16 April 2015, where the firm pleaded guilty to breaches of the Provision and Use of Work Equipment Regulations, the Management of Health and Safety at Work Regulations, in connection with Mr Menendez’ incident; and a further two breaches. They were fined £35,000 and costs of £3,000.

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Michael Baxter stated that:

“This was a horrific incident which has resulted in lifelong debilitating injuries for Mr Menendez. It has been understandably devastating for him and his family. 

The immediate cause was an inherently unsafe system of work, which was contrary to the manufacturer’s operating instructions and the safety instructions on the machine. 

In addition there was also an issue with guidance provided by the British Metal Recycling Association and I am glad to say they are revising this to bring it into line with ours. 

When working with lead employers must ensure that they and their employees have fully understood the requirements of the Control of Lead at Work Regulations and the control measures necessary to avoid contamination.” 

What the law states:

Regulation 4(3) of the Provision and Use of Work Equipment Regulations 1998 states:

Every employer shall ensure that work equipment is used only for operations for which, and under conditions for which, it is suitable. 

Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999 states:

Every employer shall make a suitable and sufficient assessment of the risks to the health and safety of his employees to which they are exposed whilst they are at work. 

Regulation 2(1) of the Health and Safety at Work etc Act 1974 states:

“It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.” 

Regulation 5 of the Control of Lead at Work Regulations 2002 states:

An employer shall not carry out work which is liable to expose any employees to lead unless he has (a) made a suitable and sufficient assessment of the risk created by that work to the health of those employees and of the steps that need to be taken to meet the requirements of these Regulations; and (b) implemented the steps referred to in sub-paragraph (a). 

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