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Baxters soup manufacturer fined £60,000 after worker has leg amputated (5 October 2015)

Date: 05/10/2015
Duncan Lewis, Personal Injury Solicitors, Baxters soup manufacturer fined £60,000 after worker has leg amputated

The Health and Safety Executive (HSE) has prosecuted soup manufacturer Baxters Food Group, after one of its employees suffered life changing injuries while working on a production line.

On 30 January 2014, short-term contract worker Jodie Cormack climbed onto the conveyor belt at Baxters’ factory in Fochabers, Scotland, to clear potatoes into the auger in-feed. However, he slipped from the belt into the collecting hopper.

Mr Cormack was pulled into the auger and he was trapped for an hour while orthopaedic surgeons and other emergency services battled to free him.

He was then flown by air ambulance to Raigmore Hospital in Inverness for emergency treatment. Mr Cormack’s right foot was partially amputated and he underwent a number of operations including the insertion of a metal plate and screws.

However, his left foot could not be saved and he underwent amputation of his left leg below the knee and now wears a prosthetic leg.

The Sheriff was told that on the steam peeling line, the various different types of vegetables needed to be kept separate. To move the last few vegetables of the batch, operators used a ladder to access the conveyor belt and then used a squeegee to push the vegetables over the end of the conveyor into the auger.

The HSE inspection found that at the time Mr Cormack had climbed onto the auger, the conveyor belt was switched off but the auger was still running.

Mr Cormack approached close to the end of the conveyor belt – but as he turned to go back and collect the last of the potatoes, his left foot slipped and was pulled into the auger.

The Court was told that Baxters had failed to make an appropriate assessment of the risks to which its workers were exposed when they were clearing vegetables from the conveyor belt.

The company had also failed to provide and maintain plant adequately and provide a safe system of work for the task; as well as failing to provide adequate information, instruction, training and supervision to ensure the health and safety of employees carrying out the task.

The company had been recently prosecuted for a previous accident in which a worker received hand injuries when his fingers were drawn between the rollers of a conveyor, the court was told.

At Elgin Sheriff Court, Baxters Food Group Limited of Highfield House in Fochabers, Moray admitted breaching Section 2(1) and Section 33(1) (a) of the Health and Safety at Work etc Act 1974.

The company was fined £60,000.

Speaking after the hearing, HSE inspector Penny Falconer said:

“This tragic incident was entirely avoidable.

“Augers are known to be the cause of serious accidents when limbs are drawn in. Baxters Food Group should have been aware of the risks involved in clearing the conveyor – and the precautions that needed to be taken to prevent access to the auger.

“It is clear that supervisors and management had not considered how this task was being done.”

Duncan Lewis Personal Injury Solicitors – No win no fee Amputation Claims

Duncan Lewis personal injury solicitors can advise those who have suffered amputation as a result of negligence on how to make a compensation claim in the courts of England and Wales, including claims relating to criminal injuries – or road traffic accidents, sports injuries, holiday accidents or work accidents caused by negligence.

Amputation compensation claims have to be made within three years of injury – children can make personal injury claims up to the age of 21.

Duncan Lewis can also advise clients on rehabilitation – and put claimants in contact with agencies who can advise on issues such as home adaptations, if needed.

For expert legal advice on no win no fee Amputation Claims, call Duncan Lewis personal injury solicitors on 020 7923 4020.


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