Wirral-Based Company Fined After Worker's Arm Caught in Machinery
A manufacturer of composite hose products has been fined after an inexperienced agency worker sustained injuries when he pulled into a spinning lathe. The worker had been operating a lathe at a site in Bromborough when the sleeve of his shirt became trapped between a pitch wheel and a rotating mandrel, pulling his arm into the machine.
This caused an open fracture of the ulna (long bone found in the forearm) and the radial shaft of his right arm. The injury has left him permanently weak and has made day-to-day tasks difficult and stressful to complete. In addition, he endured severe bruising to his body and skin abrasions.
The Health and Safety Executive (HSE) subsequently investigated the safety standards of the company and found:
Novaflex Ltd pleaded guilty to breaching Sections 2 and 3 of Heath and Safety at Work Act 1974. The company was fined £22,000 and ordered to pay costs of £7,021.30.
This caused an open fracture of the ulna (long bone found in the forearm) and the radial shaft of his right arm. The injury has left him permanently weak and has made day-to-day tasks difficult and stressful to complete. In addition, he endured severe bruising to his body and skin abrasions.
The Health and Safety Executive (HSE) subsequently investigated the safety standards of the company and found:
- They had not spotted the risk of entrapment nor the appropriate measures to avoid it. Additionally, this risk was increased due to a modification of the lathe which brought operators closer to the entrapment hazard.
- They had failed to effectively restrict access to dangerous parts of the machinery
- They had failed to develop a safe system of work for the tasks and had not given adequate instruction and training to enable workers to operate the machinery competently.
Novaflex Ltd pleaded guilty to breaching Sections 2 and 3 of Heath and Safety at Work Act 1974. The company was fined £22,000 and ordered to pay costs of £7,021.30.
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This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
