Fire suppression system installer and manufacturer of alcoholic drinks fined after employee crushed by machinery
Fire Protection Group and Chivas Brothers Limited have been fined after an employee was crushed and trapped in a vertical lifting shelf-based storage system.
On 22 February 2017, an engineer employed by Fire Protection Group was undertaking a visual inspection of fire suppression systems at Chivas Brothers Limited’s bottling plant in Kilmalid, Dumbarton. Side panels on the Kardex Remstar Shuttle XP500 machine that act as fixed guards preventing access to dangerous moving parts inside of the machines had been removed. These guards were removed so that the engineer could gain access inside the unit to carry out the inspections. However, only part of the machine was isolated from power sources. When the extractor device of the machine was activated, the engineer was crushed and trapped. The engineer sustained crushing injuries to this right side.
An HSE investigation found that both Fire Protection Group and Chivas Brothers Limited had duties to ensure that there was an appropriate exchange of important health and safety information in advance of, and during, the work activity. They had also failed to ensure that all the systems were isolated before removing the covers.
Breaches
Fire Protection Group pleaded guilty to breaching Section 2(1), 2(2)(a) and (c) of the Health and Safety at Work Act 1974:
- Section 2(1) requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees.
- Section 2(2)(a) specifically requires that duties under Section 2(1) include the provision and maintenance of plant and systems of work that are so far as is reasonably practicable, safe and without risks to health.
- Section 2(2)(c) specifically requires that duties under Section 2(1) include the provision of information, instruction and training and supervision necessary to ensure, so far as is reasonably practicable, the health and safety at work of employees.
Chivas Brothers Limited pleaded guilty to breaching Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work Act 1974:
- Section 3(1) requires that employers conduct their undertakings in such a way to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected are not exposed to risks to their health and safety.
- Section 33(1)(a) makes it an offence to discharge duties under Sections 2 through 7 of the Act.
Penalties
Fire Protection Group was fined £50,000.
Chivas Brothers Limited was fined £50,000.
Fatal explosion leads to major fine for chemical company
Briar Chemicals Ltd has received a major fine after a man died in an explosion at their site in Norwich.
On 27 July 2018, a maintenance contractor was carrying out repair work on a mixing vessel during a planned maintenance shutdown. It is thought that his welding torch or grinder accidentally ignited flammable toluene vapour inside the vessel, which should not have been present when the work began. The man’s son was working alongside his father when he was killed in the blast.
An HSE investigation found that a quantity of toluene residue had been left inside the vessel after shutdown cleaning at the beginning of June 2018. Two damaged valves situated above the vessel in the toluene supply pipe were also found to be leaking. Operatives had been instructed to transfer a large quantity of Toluene from one storage tank to another via this pipe, which allowed additional flammable liquid to leak into the vessel which was supposed to be empty and clean.
Breach
Briar Chemicals Ltd failed pleaded guilty to a breach of Regulation 5 of the Control of Major Accidents Hazards Regulations 2015.
- Regulation 5 applies general duties on operators under COMAH, including to take all measures necessary to prevent major accidents and to limit their consequences for human health and the environment.
Penalty
Briar Chemicals Ltd was fined £1million and ordered to pay costs of £10,967.20.
Sports nutrition supplier fined after employee lost fingers
Applied Nutrition Ltd has been fined after an employee had three fingers of their right hand severed while cleaning a screw conveyor.
On the 13 September 2019 a production operative was cleaning one of the product transfer screw conveyors. The operative had switched the unit off at the control panel but had not turned it off at the main electricity supplier. After cleaning the screw, the operative went to replace it. However, the power had inadvertently been turned back on and the screw began to operate when it came into contact with the drive motor.
Contact with the moving screw resulted in the operative severing three fingers and part of the palm of the operative’s right hand. The operative remained in hospital for eight days and has since undergone several operations. The injury has significantly changed the man’s life and has impacted on daily tasks and restricted the leisure activities he used to take part in.
An HSE investigation found that the company had no risk assessments or safe systems of work in place. They did not provide staff with adequate training or make them aware of the dangers associated with the machinery being cleaned. Had there been a risk assessment performed by the company regarding the danger associated with cleaning the screw conveyor, an industry standard lock off system at the power supply could have been installed, preventing the incident.
Breach
Applied Nutrition Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974.
Penalty
Applied Nutrition Ltd was fined £70,000 and ordered to pay costs of £4,551.10.
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