An Essex-based tyre refurbishment company has been fined £54,000 following a worker sustaining significant injuries after being drawn into a machine.
The company, which specialises in commercial tyre re-treading, was given the fine as a result of the 42-year-old coming into contact with the spinning blades of a tyre buffing machine. The machine had been freewheeling to a stop after being used, when he was drawn into it by his t-shirt, which resulted in part of his torso being shredded on 19 August 2021.
The worker required immediate hospital treatment for his injuries and was off work for several months afterwards.
An investigation by the Health and Safety Executive (HSE) found that the company had failed to ensure that the hold-to-run controls were working as they should, and that the brake on the bladed rotating rasp was operational. The brake should have stopped the rasp moving immediately on letting go of the controls, but in fact, would continue to freewheel for approximately five minutes before coming to rest.
HSE prosecuted the company under Section 2(1) of the Health and Safety at Work etc. Act 1974 for its failure to ensure the health, safety, and welfare of its employees. The company did not enter a plea.
The court found the company guilty following a hearing at Westminster Magistrates Court September 2024. They were fined £54,000 and ordered to pay costs of £6,000.
After the hearing, HSE Inspector said “This case sends a clear message to industry that HSE will hold companies to account if they fail to protect their workers.
“The company allowed its workers to use a machine that was not adequately braked or guarded, leading to significant and wholly avoidable injuries to one of its employees. If the company had ensured the machine’s safety features were working as they should have been, this would not have happened.
“Companies should ensure that safety features of work equipment always remain functional, so that workers are kept safe whilst using machinery.”
This HSE prosecution was supported by HSE enforcement lawyers and a HSE Paralegal Officer.
Under Section 2(1) of the Health and Safety at Work etc. Act 1974 it states the following:
“It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”
At MBO Safety Services Ltd, we offer a wide range of consultancy services including, but not limited to Machinery Assessments to identify compliance with PUWER Regulations, suitable and sufficient risk assessments and safe working practices as well as Health and Safety and Training for PUWER (Provision and Use of Work Equipment) | MBO Safety Services. With our main office in Oswestry, we carry out training in our office, but we are also able to come to your premises, if this is more convenient. Please feel free to get in touch to find out more, we would be happy to help.
For all MBO Safety Services Courses please see the link attached. If you have any questions please contact us on 08000 842297 or email us at training@mbo.ltd we would be glad to help.
SOURCE HSE