Legal News

The Health and Safety Executive (HSE) has successfully prosecuted a food manufacturing company, after a worker suffered a broken and lacerated finger while clearing a machine at a factory in Berkshire.

The incident at the English Provender Company Ltd’s site at Thatcham occurred when the unnamed worker was using one of the sugar dispensers at the company.

The company manufactures chutneys, curds, condiments and salad dressings.

On the day of the incident, the employee found the sugar was clumping in the machine’s chute – and inserted his left hand into the chute to assist the flow of sugar. As he did this, the sugar flowed around his arm and onto scales below.

When the scales reached a pre-set target weight of 25kg, the valve shut on his hand, fracturing and lacerating his first finger.

The injured worker needed two pins inserted into his injured finger – but despite several physiotherapy sessions, he can no longer straighten the finger.

He has returned to work but has since moved to another company.

At Reading Magistrates’ Court, English Provender Company Ltd of Cunard Building, Brunswick Street in Liverpool, Merseyside, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 (PUWER), as well as Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999.

Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 states:

Every employer shall ensure that measures are taken in accordance (a) to prevent access to any dangerous part of machinery or to any rotating stock-bar; or to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone.

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.

The company was fined £15,000 for each breach, with costs of £1,178.

After the hearing, HSE inspector Leon Donovan said:

“English Provender Company should have carried out a proper assessment of the risks involved in the operation and maintenance of their sugar dispensing machine.

“This would have identified the issues that led to this unfortunate accident, which could have been avoided if the company had fitted a simple inexpensive fixed guard to prevent access to a dangerous automatic sliding sluice valve.”

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