E.G.L. Homecare fined £85,000 after worker's arm was caught in exposed rollers

E.G.L. Homecare Limited were fined £85,314 (inc.costs) after an agency worker was caught in a poorly-guarded machine.

The circumstances were:

• The machine was a press which was part of a line that glued sponge to abrasive sheets to make scourer sponges.
• There was no tunnel guard to prevent access to the rollers of the machine.
• On 19 June 2019 a worker was operating the machine where he had to remove the sheets of scourer sponges from the conveyor onto a pallet.
• He attempted to remove dirt from a press roller.
• His right hand got dragged into the nip point of two in-running rollers up to his shoulder. 
• He was diagnosed with forearm compartment syndrome, a painful condition caused by bleeding or swelling within an enclosed bundle of muscles. 
• He had an operation on his arm and had to stay in hospital for six days.

The HSE inspector said:
“This incident could have been avoided had the company properly assessed the guarding arrangements on the machine when it was installed. Unfortunately access to in-running rollers is a common cause of injury but it can be easily avoided by providing effective control measures such as the provision of tunnel guards.”

What will happen to CE marking because of Brexit?

The CE mark was introduced to facilitate trade between EU countries.  

It is likely that after the end of 2020, this mark will be replaced by the UKCA mark for equipment made and staying in the UK.
Of course, the primary function of the CE mark within the UK is no longer relevant, but the secondary function of signifying that the equipment meets certain requirements will be met by the new mark.

Note that:

The UKCA mark has still to be ratified by Parliament
The UKCA mark must not be used until at least 1st January 2021.

The situation after 2020 is likely to be:

• Equipment made within the UK and remaining within the UK will have the UKCA mark.
• Equipment made within the UK and shipped to the EU will have the CE mark.
• Equipment made within the EU and imported into the UK will have the CE mark.

There is, as yet, no definition of requirements for equipment made outside the UK and EU and imported into the UK.  However, it is logical that the UKCA mark and the actions behind it will be required.

The dates are correct at the time of writing this, but the delays caused by the Covid19 pandemic may change these.