- Employee lost part of his right thumb and suffered a crush injury to his hand during a manual handling task, just days after a near-identical incident
- HSE investigation found employee had not been given clear instructions on how to carry out task safely
- Worker was amateur boxer before hand injury – describing hobby as his ‘whole life’
- A had occurred in the days before this one.
Fitzpatrick Fabrications Ltd, a sheet metal fabrication company in Lancashire, has been fined £48,000 after an employee lost part of his right thumb and suffered a crush injury to his hand during a manual handling task.
On 24 October 2024, at around 11.30am, Mr Todd Marshall, a welder/fabricator, was working at the Fitzpatrick Fabrications factory at Malvern Mill, Nelson. The job involved welding and fabricating large pieces of stainless steel to form a finished hopper.
The hopper consisted of five component parts, which needed to be welded together. When each side of the hopper was welded, it needed to be lifted and repositioned so the next side could be welded.
Mr Marshall was carrying out this task on his own, holding the larger side of the 133kg hopper in the air while the smaller side rested on a desk. The hopper slipped on the smooth desk and came down onto his hand, causing a crush injury and partial loss of his right thumb.
An investigation by the Health and Safety Executive (HSE) found that the company had not conducted a risk assessment for the task and no safe system of work was in place. As a result, workers had not been given clear instructions on how to perform the task safely.
Upon further investigation, HSE found that a near-identical incident had occurred in the days leading up to this one.
HSE guidance states that employers must assess the risks associated with manual handling and take appropriate steps to avoid hazardous manual handling operations where reasonably practicable, or reduce the risk of injury where they cannot be avoided. The Manual Handling Assessment Charts (MAC Tool) can also help employers assess the most common risk factors associated with lifting and carrying activities.
In a statement, Mr Marshall said:
“Things I used to do without thinking are now hard for me. I need two hands to do something as simple as pick up small things. I struggle fastening buttons or zips. I was an amateur boxer before my injury. Boxing was my whole life. It wasn’t just a pastime or hobby. I think I could have gone further with it, but now I’ll never know.”
Fitzpatrick Fabrications Ltd, of Malvern Mill, Waterford Street, Nelson, pleaded guilty to breaching Regulation 4(1) of the Manual Handling Operations Regulations 1992. The company was fined £48,000 and ordered to pay £10,089 in costs at Warrington Magistrates’ Court on 6 October 2026.
HSE Inspector Derek McLauchlan said:
“This was a wholly preventable incident which has had a profound and long-lasting impact on Todd Marshall’s life, made more shocking by the fact a near-identical incident had taken place just days before.
“Businesses should always give thought to the safest way to undertake manual handling operations; this means carrying out a robust assessment of the risks, and considering tools such as the Manual Handling Assessment Chart (MAC Tool) to help plan the task.
“The company failed in its duty to properly plan this task, and the fine imposed should serve as a clear reminder to everyone that HSE will hold to account those who fail to keep their workers safe.”
This HSE prosecution was brought by HSE enforcement lawyer Tom Ledden-Rocks and paralegal officer Stephen Grabe.
Further information:
- The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We are dedicated to protecting people and places, and helping everyone lead safer and healthier lives.
- More information about the legislation referred to in this case is available.
- Further details on the latest HSE news releases is available.
- Relevant guidance can be found here: Manual handling at work – HSE, Manual handling – HSE and Manual handling assessment charts (the MAC tool) – HSE
- HSE does not pass sentences, set guidelines or collect any fines imposed. Relevant sentencing guidelines must be followed unless the court is satisfied that it would be contrary to the interests of justice to do so. The sentencing guidelines for health and safety offences can be found here.