Plastic tubing manufacturer Metelle UK fined £100,000 after worker was caught in an exposed clamp of a poorly-guarded machine

Emtelle UK Limited, a manufacturer of plastic tubing and blown fibre tubing for telecoms and water piping, was fined £100,000 after an employee suffered serious injuries to his left hand when it came into contact with the exposed clamp of a socket machine.

The circumstances were:

• The accident occurred on a socket machine.
• The risk assessment had not included working with shorter lengths of pipe.
• The guards were inadequate for shorter lengths and it was possible to reach the dangerous parts of the machine which included a clamp.
• On 3 November 2016, an employee working on this machine, placing a pipe into a socket.
• The shorter length of pipe fell out
• He reached to catch the pipe to prevent it being clamped and his left hand came into contact with the exposed clamp causing serious injury.

The HSE inspector said:
“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Leadec Limited fined £2M after employee was killed during high pressure water jetting operation

Specialist industrial services company Leadec Limited was  fined £2,030,000 (inc.costs) after a worker suffered a fatal injury whilst cleaning waste-water pipes.

The circumstances were:

• Leadec used high-pressure water jetting equipment to clear paint residue from pipes in the paint shop at a car manufacturing site.
• Whilst Leadec  recognised the risks of operating high-pressure water jetting equipment, they had failed to put in place appropriate measures to mitigate the risks.
• They had not implemented or enforced the use of various control measures such as a pressure regulator or an anti-ejection device.
• Training and supervision were inadequate.
• On 18 June 2017, an employee was using this process. 
• The above control measures were not in place.
• The employee was struck by the end of flexi-lance, causing a fatal injury.

The HSE inspector said:
“Companies must understand that high risk activities require a thorough risk assessment process and robust management systems to protect their employees from risk of serious or fatal injuries. It is not good enough for companies to assume they are doing all they can to control the risk just because there have been no previous incidents. Joseph McDonald’s death could have been prevented had Leadec Limited had the necessary control measures and management systems in place to protect its employees.”

Landlord and mechanic ignored prohibition and improvement notices and received a string of penalties including 2 suspended sentences.

Mechanic and landlord Mustafa Kemal Mustafa was disqualified as a director for six years, received two suspended custodial sentences, 300 hours unpaid work and ordered to pay £8,000 in costs and after refusing to comply with enforcement notices issued by the Health and Safety Executive (HSE) and Kent Fire and Rescue Service.

The circumstances were:

• In 2017 HSE received concerns that workers were accessing the dangerous unguarded flat roof of The Convent of Mercy in Swanley. 
• Mr Mustafa was the landlord of The Convent, a house of multiple occupancy (HMO). 
• The premises were also being used to store car parts for Smartworld; a car repair and sales business owned by Mustafa Kemal Mustafa. 
• HSE issued seven enforcement notices, covering unsafe working at height, dangerous electrical installations, flammable risks and machinery guarding.
• Mr Mustafa deliberately ignored prohibition and improvement notices served by the HSE and continued to put himself, workers and members of the public at risk.

The HSE inspector said:
“HSE is dedicated to ensuring that business owners and landlords operate within the law and provide safe accommodation for tenants and a safe place to work for employees. We do not tolerate disregard for health and safety and consider the non-compliance of HSE enforcement notices as a serious offence. In this case Mr Mustafa chose to flagrantly ignore the support, guidance and warnings from HSE to assist his compliance with the law and continued placing people at serious risk of injury or even death. Wherever possible we continue to work with companies to improve health and safety. However, we will not hesitate to take enforcement action where necessary and prosecute individuals and businesses who ignore warnings and the law.”