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£35,000 fine for metal recycling firm after worker has both hands severed (20 April 2015)

Date: 20/04/2015
Duncan Lewis, Personal Injury Solicitors, £35,000 fine for metal recycling firm after worker has both hands severed

The Health and Safety Executive has successfully prosecuted a recycling firm in Southampton, after a Spanish-born worker had both hands severed while cutting metal strips on an industrial baler.

West Hampshire Magistrates’ Court was told Ivan Menendez – who was 38 at the time of the incident – had been working for seven months for Metal Processing Ltd at its site in Northam, when he was injured on 8 January, 2014.

Mr Menendez’ hands were severed at the wrists when they got caught in the shear point, as a hydraulic-powered baler lid lowered and met the corner of the baler. The lid had a maximum shear force of 76 tonnes, the court heard.

He was taken to Southampton General Hospital and was later transferred to Salisbury Hospital, where surgeons successfully reattached both hands.

Mr Menendez has since returned home to Spain and will need further treatment, although he will never regain full use of his hands.

The Health and Safety Executive (HSE) investigated the incident and a second incident involving lead contamination – and served an immediate enforcement notice on the company after the incident, which prevented any workers hand-feeding metal for shearing on the baler.

The investigation found the system used was fundamentally flawed, despite it being regularly used – with no direct line of sight between the operator who closed the baler lid, and the hands of the worker loading the metal strips.

On Thursday 16 April, Metal Processing Ltd, of Princes Street, Northam in Southampton was fined a total of £35,000 and ordered to pay £3,000 in costs, after admitting 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 in connection with the lead poisoning incident.

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