'Unsafe' machinery wasn't properly assessed

The Health and Safety Executive (HSE) said the case should serve as an important reminder to employers of their legal duties. The prosecution was brought by the HSE after an employee had part of his arm amputated when it was crushed by the "unsafe" machine.

Meridian Metal Trading Limited, of Peartree Lane in Dudley, was fined £20,000 and ordered to pay costs of £5,824 at Wolverhampton Crown Court after pleading guilty to breaching a section of the Health and Safety at Work Act.

The incident happened on 18 December 2006, and left Darren Nelson's right arm crushed in a piece of moving machine, which formed part of a steel slitting line at Meridian Metal Trading Ltd's factory. As a result of the injury Mr Nelson's right arm was amputated just below his elbow.

'Legal requirements'

Speaking after the case, HSE inspector Edward Fryer said: "This machine had been newly installed following its importation from Taiwan. The machine was not CE marked and fell far short of the required safety standards.

"The law requires employers to provide safe plant and machinery and also to train employees in how to use equipment safely - Meridian Metal Trading Limited had failed in its duty to do this."

Mr Fryer went on to say that the legal requirements relating to the provision and use of work equipment were "well known" and had been in place "for many years."

"The safety of machinery must be assessed before it is put into use and at suitable intervals thereafter, he explained."

Risk assessment

Norwich Union's casualty risk manager, Phil Grace, said it was vital that any kind of machinery coming from outside of the European Union be thoroughly checked to ensure it was both suitable and safe.

He added that while machinery purchased from within the EU should generally be OK, it would wrong to assume that such equipment was safe, and that checks may still be needed to ensure that the relevant European standards were met.

"Regardless of the source of the equipment, the most essential step when it comes to the safety of machinery is carrying out a proper risk assessment - prior to purchase, as well as following installation, if at all possible," said Phil.

"While this should be fairly straightforward for 'off the shelf' equipment, it can be more difficult if the machinery is custom made or a 'one-off'. In such cases there needs to be close working between manufacturer/supplier and customer in order that risk assessments can be carried out 'as you go' - with modifications being made as necessary, such as additional guards, access platforms and so on."

Phil suggested that companies followed HSE guidance on buying new machinery - available on its website (see link above/right).