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Company prosecuted after employee suffers “horrific” head injury in work accident (2 May 2014)

Date: 02/05/2014
Duncan Lewis, Legal News Solicitors, Company prosecuted after employee suffers “horrific” head injury in work accident

The Health and Safety Executive (HSE) has successfully prosecuted a company, after an employee sustained an “horrific” head injury while investigating a fault on a hot wire cutting machine in June 2013.

Desmond Salkeld, 65, and a colleague were investigating the machine at Springvale EPS Ltd in Coach Lane in Hazlerigg near Newcastle, when Mr Salkeld’s head became trapped in the machine.

He sustained a hole in the bridge of his nose, shattered eye sockets, a large gash to his head requiring stitches, as well as a severely injured jaw, and fracture to his temple leading to a bleed on his brain.

During a nine-hour operation, surgeons used bone from the right hand side of his skull to reconstruct his face.

Mr Salkeld still suffers from blurred vision and has had to retire as a result of his injuries, from which he is unlikely to make a full recovery.

The HSE investigation into the incident found that the machine had not been isolated from its power source and a fixed safety guard had been removed. Springvale EPS Ltd had also failed to carry out a suitable risk assessment – or develop safe procedures for the maintenance the two employees were carrying out.

On Tuesday (29/04/14) at Newcastle Magistrates’ Court, Springvale EPS Ltd – whose registered address is Bedford Street, Belfast in Northern Ireland –pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £10,000 and ordered to pay £1,244.40 in costs.

After the case, HSE Inspector Sal Brecken said:

“This incident was easily preventable had Springvale EPS Ltd adequately assessed the risks of this particular maintenance activity, developed safe working procedures and informed their employees.

“Guards and safety systems are there for a reason, and companies have a legal duty of care to ensure they are properly fitted and working effectively at all times, especially during maintenance activities.

“Ideally, machines undergoing repair should be isolated from their power source. However, where a repair requires viewing a machine as it works, then the worker should be separated from danger by distance, work position restraint, temporary barriers or other means of ensuring safety.

“Springvale EPS Ltd’s failures have led to one of their employees sustaining devastating injuries from which he is unlikely to ever fully recover.

“Mr Salkeld’s horrific injuries should not and need not have happened,” he added.

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