Company Fined £270,000 After Worker Seriously Injured

A County Durham waste recycling company was fined £270,000 following the injury of an employee. The company did not ensure the implementation of an isolation procedure for workers when cleaning machinery. This ultimately led to an employee becoming trapped in a section of the recycling machinery, fracturing the worker’s shoulder, tearing ligaments, and breaking a finger.

To ensure accidents like this do not occur on your premises, contact one of our health and safety specialists for FREE, same-day advisory on 01455 858 132.

• Reason for prosecution
• Consequences for your manufacturing business
• Croner’s risk prevention process
• Reach out to an expert

Case background

In March 2023, an employee of a Country Durham waste recycling company became trapped in a partition of machinery when undertaking cleaning procedures. As a result, the worker sustained several serious injuries: fractured shoulder, torn ligaments, and a broken finger.

The company was found to be in breach of Section 2(1) of the Health and Safety at Work etc. Act 1974, i.e.:

‘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.’

As a result, the company was fined £270,000.

Reason for prosecution

A Health and Safety Executive-led investigation revealed that:

• The company had not implemented an isolation protocol for workers to follow whilst cleaning dangerous machinery.
• A senior supervisor had engaged the machinery (turned it on) mistaking the worker in the machine for another colleague.
• This was the third incident at the site that resulted in serious injuries due to the same protocol failures.

Consequences for your manufacturing business

If you run a manufacturing, fabrications, and/or recycling business, where dangerous processes can risk the lives of the workers under your care, then an incident such as this could permanently damage both your organisation’s reputational and financial wellbeing, as well as your workers’.

In specific, the consequences of an incident like this are several: irreversible reputational damage, client flight, bankruptcy, prosecution in a criminal court, and financially crippling penalties.

So, how do you, as a business owner, ensure that an accident like this never happens to your business and the workers under its care?

Let’s cover how Croner’s expert health and safety team would have handled this situation below:

Croner’s risk prevention process

Under the Health and Safety at Work etc. Act 1974, all UK employers must ensure the safety and welfare of their workers in the workplace.

If your business was a Croner partner, our team of specialists would immediately go to work on understanding all the risks in your premises that could put you at risk of breaching this law.

Our first step would be to undertake a comprehensive on-site heath and safety audit.

• If current manual handling procedures demonstrated serious risks.
• If current general operating procedures presented risks.
• If staff are properly trained to operate machinery risk-free.
• If staff are trained to wear protective equipment.
• If staff are trained to be vigilant of dangerous/hazardous procedures.
• If emergency stop mechanisms are fully functional/optimal.
• If relevant signs are placed to indicate areas of high danger/high incidents/high risks.
• If staff know which procedures to conduct and when.
• If risk assessments procedures are sufficient and if their outcomes are properly. Implemented.
• If current machinery cleaning procedures present significant risks.

These are just a few of the aspects that our risk identification procedure would cover.

Strategy implementation

In the implementation phase, we would address the identified risks by providing targeted solutions based on the outcomes of the risk identification phase.

For example:

• Risky manual handling procedures identified: Revise procedures with ergonomic assessments, introduce mechanical aids such as trolleys or hoists, and deliver compulsory manual handling training for all staff with practical demonstrations.
• Risky general operating procedures presented risks: Rewrite Standard Operating Procedures (SOPs) in clear, step-by-step language, incorporate job safety analysis (JSA) findings, and enforce a sign-off system to confirm operator understanding prior to shift commencement.
• Staff not properly trained to operate machinery: Schedule immediate competency-based training with certified instructors, followed by supervised practice sessions and refresher courses at suitable intervals.
• Staff not properly trained to wear protective equipment: Conduct fit testing for relevant Personal Protective Equipment (PPE), run toolbox talks on selection and maintenance, and implement a PPE checklist signed by supervisors.
• Staff not trained to be vigilant on dangerous/hazardous procedures: Roll out hazard awareness workshops, introduce pre-task safety briefings, and install visual cues such as color-coded floor markings at high-risk zones.
• Emergency stop mechanisms not operating optimally: Remove sub-standard devices, arrange urgent repairs or replacements by qualified technicians, and verify functionality through weekly test logs.
• Relevant signage not placed to indicate high danger/high incident areas: Conduct signage audit, install compliant warning signs with pictograms, and illuminate high-risk areas with LED hazard beacons if effective.
• Problems with staff knowing which procedures to conduct and when: Create laminated quick-reference guides at each workstation, integrate procedural triggers into the shift handover process, and quiz staff during safety meetings.
• Insufficient risk assessment procedures: Adopt the hierarchy of controls framework, assign accountable owners to every action item, and track progress via a digital risk register with automated reminders.
• Current machinery cleaning procedures present significant risks: Develop lockout/tagout (LOTO) protocols, supply specialised cleaning tools to eliminate reach-in hazards, and require two-person verification before re-energising equipment.

A Health and Safety Executive-led investigation revealed that:

• The company had not implemented an isolation protocol for workers to follow whilst cleaning dangerous machinery.
• A senior supervisor had engaged the machinery (turned it on) mistaking the worker in the machine for another colleague.
• This was the third incident at the site that resulted in serious injuries due to the same protocol failures.

Consequences for your manufacturing business

Legal disclaimer

The information provided above is for informational purposes only and does not constitute legal advice. It is imperative that you consult with a qualified professional or legal advisor to ensure that your organisation adheres to all relevant laws and best practices. Always prioritise the safety and well-being of those in your care.

Reach out to an expert

“Effective monitoring, auditing and review of isolation systems is essential to demonstrate that they are working and controlling risk. Incidents like this can and should be prevented by following robust lock-off procedures.” – HSE Enforcement Lawyer, Karen Park

If you run a manufacturing, fabrications, and/or recycling business and you want to ensure your organisation is risk free, give one of our Health & Safety specialists a call today for FREE, same-day advisory.

Call 01455 858 132.