Prosecution

Plastic manufacturing company fined after death of young dad

A company that manufactures plastic products for the food industry has been fined £330,000 after a young dad was killed while doing his job.

Nathan Hook, a father of one, was working for Suffolk-based Maynard and Harris Plastics, when he was drawn into rotating machinery. As a result, the 34-year-old suffered fatal head injuries. The incident happened at the company’s premises in Ellough, near Beccles, on 7 October 2021.

Nathan Hook was killed while doing his job

Speaking after the hearing, his mother Jacqueline Castledine said the investigation and prosecution by the Health and Safety Executive (HSE) had ‘completely exonerated’ her son.

“I have very mixed emotions but pleased Nathan’s been completely exonerated,” she said.

“We would like to take this opportunity to thank those have supported us throughout this horrendous ordeal, far too many to mention. But mostly the HSE for their thorough investigation and its conclusions.

“We must now try to move forward keeping Nathan with us always.”

The HSE investigation found that Nathan had been on a late shift and was operating a lathe in the tool room to create a work piece for a machine. He applied emery cloth by hand to the workpiece to debur the metal. Emery cloth is similar to sandpaper and can be used to polish metal workpieces. However, it became entangled and wrapped around the workpiece, drawing him in. His sweatshirt sleeve also became entangled pinning him against the rotating workpiece and causing fatal head injuries.

The investigation found that Maynard and Harris Plastics had failed to provide suitable health and safety training regarding the use of emery cloth on lathes. The company did not have a suitable and sufficient risk assessment for use of alternative methods, such as application of emery cloth using a stick.

Maynard and Harris Plastics, of Ellough, Beccles, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act. They were fined £330,000 and ordered to pay £4,373 costs at a hearing at Chelmsford Magistrates Court on 5 December 2024.

HSE inspector Natalie Prince said: “Our thoughts remain with Nathan’s family.

He was a young dad who should have returned home safely to them at the end of his working day, but because of this company’s failings, he did not.”

This prosecution was brought by HSE enforcement lawyers Nathan Cook and Jon Mack and supported by paralegal officer Imogen Isaac.

 

Further information:

  1. 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.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. 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 in England and Wales can be found here and for those in Scotland here.
  5. HSE guidance on the use of emery cloth on metalworking lathes is available.

Manchester engineering firm fined after apprentice loses fingers

A Manchester-based engineering company has been fined £500,000 after a young apprentice lost the use of two fingers when using a horizontal bandsaw.

The apprentice, who was just 18 at the time, suffered the serious injuries to his fingers in an incident at Proline Engineering Limited in Worsely, on 7 November 2022. While one finger was severed completely, the other was surgically re-attached. However, the now 20-year-old has been left with very little movement and nerve damage in that finger. He had only been on a placement with the firm in order to gain experience in fabrication and engineering and was just over a month into this placement when the incident occurred.

The horizontal bandsaw the apprentice had been using

An investigation by the Health and Safety Executive (HSE) found that he was being taught how to weld as part of his apprenticeship placement. This process required multiple sections of steel to be available to practice welding on. After a brief period of verbal training he was permitted to cut lengths of steel into these sections using a horizontal bandsaw, which was located in a shipping container some distance away from the main workshop.

HSE inspector Tracy Fox said: “This young man was at the very start of his career.

“As a result of this companies failures, he sustained serious and irreversible injuries that have been truly life changing. Those injuries have impacted on many aspects of his life and resulted in him having to undergo numerous operations and procedures.

“Once a keen mountain biker and member of his local gym, his hand grip is such that he can no longer take part in those activities that he used to love.”

The horizontal bandsaw was located in a shipping container some distance away from the main workshop

On the day the incident happened, he had been working unsupervised when he noticed the bandsaw was not completing a full cut due to a build-up of metal debris underneath the sawblade. As he attempted to clear away the debris, his fingers came in contact with the moving sawblade, instantly severing one finger and severely damaging another. He was taken to hospital where he remained for six days.

The investigation also found that Proline Engineering Limited had failed to carry out a suitable and sufficient risk assessment, resulting in a failure to provide suitable guarding arrangements on the bandsaw and had failed to put in place an adequate safe system of work. It also revealed inconsistencies and inadequacies in the provision of information, instruction, training and supervision for those required to use the bandsaw.

The machine the apprentice was using was subsequently taped off following the incident

The company pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 at Manchester Magistrates’ Court. They were fined £500,000 and ordered to pay £5,317 costs at a hearing at on 6 November 2024.

HSE inspector Tracy Fox went on to say: “Had even the most basic safeguards been put in place this incident would have been avoided.

“The risks arising from operating machines such as bandsaws are well known. HSE has clear guidance on the provision and use of work equipment that can help in preventing incidents like this from happening.

“We would like highlight that all employers should make sure they properly assess their workplace for these risks and act to ensure that effective measures are in place to minimise the risks associated with operating machinery.

“It is crucial that as part of this assessment employers consider and manage any increased risks that may be associated with inexperienced employees.”

This prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski and supported by HSE paralegal officer Sarah Thomas.

 

Notes to editors:

  1. 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.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. 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 in England and Wales can be found here and for those in Scotland here.
  5. Guidance on working safely with machinery is available.

Leading sandwich bread baker fined after worker loses finger

A nationwide bakery has been fined more than £360,000 after one of its employees lost a finger in machinery at a site in Northamptonshire.

Jacksons Bakery, a leading supplier of bread used in the commercial making of sandwiches, was given the fine after an engineer had a finger on his right hand caught in a flour sifting machine.

The then 31-year-old was assisting colleagues as they attempted to maintain the machine by clearing a blockage at the plant in Corby on 2 February 2023. Following removal of a guard, as the engineer assisted with the task, he checked the tension of a drive belt and his hand got pulled around the bottom pully which resulted in the amputation of part of his right middle finger.  The engineer was unaware that the machine had been switched back on.

The worker caught a finger in the pully on a flour sifter machine

An investigation by the Health and Safety Executive (HSE) found that Jacksons Bakery Limited failed to ensure, so far as is reasonably practicable, the health, safety and welfare of all their employees.

In this instance there was a failure to implement a safe system of work ensuring that machinery was isolated and then locked off during maintenance work when fixed guards would be removed.

Additionally, HSE found that engineers were unclear on when to isolate and ‘lock out tag out’ machines due to an absence of adequate training and instruction – and the fact that it was custom and practice to not robustly isolate and lock off illustrated an absence of adequate supervision and monitoring.

Jacksons Bakery Limited of The Riverside Building, Liverstone Road, Hessle, East Yorkshire, HU13 0DZ, pleaded guilty to contravening a requirement of section 2(1) of the Health and Safety at Work etc Act 1974.

The company was fined £366,666 and was ordered to pay £5,386 costs at a hearing at Wellingborough Magistrates Court on 3 October 2024.

After the hearing, HSE inspector Rebecca Gibson said “This unnecessary incident highlights the duty on employers to ensure that there are robust procedures in place relating to maintenance activities.

“If an appropriate ‘lock out tag out’ procedure had been produced and implemented and with suitable training, the serious injury would have been avoided.”

This prosecution was brought by HSE enforcement lawyer Samantha Wells and supported by HSE paralegal, Rebecca Withell.

 

Notes to editors:

  1. 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.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. 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 in England and Wales can be found here and for those in Scotland here.
  5. HSE guidance on machinery safety is available.

Routine HSE inspection results in £150,000 fine for food manufacturer

A North London food manufacturer has been fined £150,000 for failing to prevent access to dangerous parts of machinery.

The failings came to light following a routine inspection by Britain’s workplace regulator – the Health and Safety Executive (HSE) in October 2023.

During the visit to Wembley-based Oriental Delight (UK) Limited, the HSE inspector identified multiple failings related to the guarding of machinery. Three machines were deemed unsafe due to interlocking safety devices being defeated and guards being completely removed.

Planetary Mixer missing guard

However, it wasn’t the first time the food company had come onto HSE’s radar , with prohibition notices being issued in both 2016 and 2019.

Identical guarding failings were again found at the inspection in October 2023, demonstrating that the company had not only failed to sustain improvements, but had effectively ignored HSE’s previous enforcement action by continuing to use these machines in an unsafe manner.

Mochi making machine with missing front guard

On 4 September 2024, at Westminster Magistrates’ Court, Oriental Delight (UK) Limited pleaded guilty to three breaches of Regulation 11(1) of The Provision and Use of Work Equipment Regulations 1998 and was fined £150,000 and ordered to pay costs of £3,020.

Following the hearing, HSE Inspector Marcus Pope said: “This case sends out a clear message to the food manufacturing industry that HSE will not hesitate to prosecute when inspectors find serious health and safety failings, particularly when previous enforcement and advice has been provided.”

“Once again we see how critical it is that all employers make sure they properly assess and apply effective control measures to minimise the risk from dangerous parts of machinery.”

This prosecution was brought by HSE enforcement lawyer Arfaq Nabi and supported by HSE paralegal officer Imogen Isaac.

 

Notes to editors:

  1. 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.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. 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.
  5. Further information about preventing access to dangerous parts of machinery is available.

Tobacco firm fined £32,000 following machinery failures

An Ipswich-based tobacco manufacturer has been fined £32,000 after failing to put measures in place to prevent access to the rotating blades of a ribbon blade mixer.

Whole-body access was possible for employees using the machine, which presented a risk of serious personal injury from an employee coming into contact with the rotating blade.

An investigation by the Health and Safety Executive (HSE) found that Honeyrose Products Limited failed to put appropriate measures in place to ensure that access to the dangerous parts of machinery was prevented.

HSE guidance says employers should consider how their workers use machinery and have adequate maintenance arrangements in place to ensure it remains sage to use. HSE

Honeyrose Products Limited of Alpha Business Park, White House Road, Ipswich pleaded guilty to a breach of Regulation 11(1) of The Provision and Use of Work Equipment Regulations 1998 and Regulation 3(1) of The Management of Health and Safety at Work Regulations 1999.

The company was fined £32,000 and was ordered to pay costs of £12,583 at a hearing at Ipswich Magistrates Court on 28 March 2024.

After the hearing HSE Inspector Julia Beavis said “Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

 

Notes to Editors:

  1. The Health and Safety Executive(HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
  2. More information about the legislationreferred to in this case is available.
  3. Further details on the latest HSE news releasesis available.
  4. HSE guidance on equipment and machinery is available.

Pork pie maker fined £800,000 after two workers lose fingers

A company that specialises in making pork pies has been fined £800,000 after two young workers lost fingers in incidents at two different Nottingham bakeries.

Pork Farms Ltd, which makes other savoury goods such as quiches, at several sites across England, was given the fine after both workers were injured just weeks apart at the end of 2022.

The first incident took place on 16 November when a 22-year-old worker had his hand trapped while trying to clear a blockage on a conveyor at the firm’s Tottle Bakery on Dunsil Drive. He had to have a finger amputated after his hand was trapped between a chain and sprocket on a conveyor at the site.

However, just weeks later, on Christmas Eve, Mahamad Hassan, who was just 19, suffered similar injuries at Pork Farms Limited’s Riverside Bakery. The teen also had a finger amputated as a result of coming into contact with a rotating shaft on a conveyor.

An x-ray image of Mahamad Hassan’s left hand

Nottingham Magistrates’ Court heard that the company had failed to ensure that the conveyors involved in both incidents were adequately guarded.

An investigation by the Health and Safety Executive (HSE) found that dangerous parts of both conveyors were accessible at the time of each incident. At the Tottle Bakery, an unsuitable interlock was used on a hinged guard over a chain conveyor system and an inadequate inspection and maintenance regime led to this interlock failing. The chain conveyor automatically moved as he tried to adjust the position of the chain following a blockage in the area.

At the Riverside Bakery, a section of the driveshaft of a lineshaft style conveyor was unguarded and spacing of the rollers was sufficient for a persons arm to pass through and reach the driveshaft below. Mr Hassan was injured when his arm went between the rollers and his gloved hand became entangled in the rotating driveshaft.  In addition to physical guarding issues, there was no warning system to give notice that the conveyor was about to start working and emergency stop controls were not readily accessible.

Pork Farms Limited, of Queens Drive, Nottingham, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974.  The company was   fined £600,000 for the incident at the Tottle Bakery and £200,000 for the incident at the Riverside Bakery. The company was also ordered to pay costs of £6,482 at Nottingham Magistrates’ Court on 18 March 2024.

Speaking after the hearing, HSE inspector Tim Nicholson said: “Both of these incidents were completely preventable.

“They left two young men with injuries that they will carry with them for the rest of their lives.

“Companies shouldn’t overlook important machinery safety basics, including provision and maintenance of adequate guards and protection devices, to ensure that access to dangerous parts of machinery is prevented.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

 

Notes to Editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.
  4. Guidance on working safely with machinery is available.

Company fined £900,000 after dad crushed to death

A company in Leicestershire has been fined £900,000 after a father-of-two was crushed to death.

Lee Benham died on 4 November 2021 while attempting to move a scissor lift at Nationwide Platform Limited’s workshop in Liskeard, Cornwall.

Lee’s wife, Kelly Benham, says her heart has been ripped out after his passing.

Lee Benham and his wife Kelly

The 45-year-old, who was from south east London but lived in Liskeard, was working for Nationwide as an LGV driver when the incident occurred. He was operating a scissor lift from the ground to clear an access path so he could move pieces of machinery out of the workshop and load it onto his lorry in the yard.

The moveable controls on the scissor lift were in a position meaning that their direction was inverted, and when Lee operated the machinery, it came towards him and crushed him against a static scissor lift.

A Health and Safety Executive (HSE) investigation into the incident found Nationwide Platforms Limited failed to sufficiently consider the dangers of operating machinery via moveable controls, and failed to provide appropriate monitoring and supervision during the morning when drivers were loading machinery onto their lorries.

There were 29 fatalities in 2022/23 caused by contact with moving vehicles or machinery. HSE guidance can be found at: Equipment and machinery – HSE

Lee Benham with his wife Kelly and two children

Lee’s wife Kelly Benham said: “Lee was my soulmate, my best friend, my rock. Now I have nothing apart from my girls. There are no words that can describe when you have had your heart ripped out. Our lives are in pieces, and it is just the three of us now.”

Nationwide Platforms Limited, of Central Park, Lutterworth, Leicestershire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £900,000 and ordered to pay £12,405 in costs at Plymouth Magistrates’ Court on 21 December 2023.

HSE inspector Simon Jones said: “This was a tragic incident and a stark reminder to businesses to be thorough in their risk assessment. The situation which led to Lee’s death would not have arisen had appropriate control measures been in place.”

This HSE prosecution was brought by HSE enforcement lawyer Jonathan Bambro and supported by HSE paralegal officer Helen Jacob.

 

Notes to Editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
  2. More information about the legislation referred to in this case is available.
  3. Further details on the latest HSE news releases is available.