An East Yorkshire company has been fined more than half a million pounds after an employee’s lower arm was severed when it became entangled in a conveyor.

Bartosz Gaj, a blender operative, had been attempting to clear a blockage at AB Agri Limited’s premises in Fridaythorpe, Driffield on 3 November 2021.

Mr Gaj’s hand was drawn into the conveyor mechanism, severing the 34-year-old’s right arm below the elbow. He had only been working at the company for a few months at the time of the incident. As a result of his life-changing injury, Mr Gaj was unable to return to work for more than two years. He has had to adapt all aspects of his daily life.

The conveyor had been installed a few months before the incident and was prone to blockages which needed to be cleared by pulling out a manual slide plate, removing the accumulated material and resetting a cut-off switch.

The Health and Safety Executive (HSE) investigation found that operatives routinely cleared blockages themselves if they could be done quickly, even though they had not been adequately trained in isolation procedures. There had been no review of the risk assessment for operating the conveyor, when the new conveyor was installed.

The investigation also found that there was no system for checking that guards and safety features were in place prior to using the conveyor.

HSE guidance states that effective measures should be taken to prevent access to dangerous parts of machinery.  In addition, machinery should be isolated before interventions are carried out.  Employees should be adequately trained in isolation procedures. Further guidance is available on the HSE website.

AB Agri Limited of Weston Centre, Grosvenor Street, London pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £566,000 and ordered to pay costs of £6,410 at Hull Magistrates’ Court on 5 March 2025.

HSE inspector Sally Gay said: “The life changing injury Mr Gaj suffered could so easily have been avoided by properly assessing the risks, and applying the 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.”

This HSE prosecution was brought by HSE enforcement lawyer Jayne Wilson and paralegal officer Lucy Gallagher.

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 can be found here.

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.

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.

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.

A multi-national food company has been fined more than £300,000 after one of its workers lost four fingers on his right hand while unblocking a machine at a site in Glasgow.

Kerry Ingredients (UK) Limited received the fine following an incident at its factory in Hillington on 4 August 2021. The 39-year-old man was working on a mixer at the site, where dry seasoning blends and mixes are manufactured for the food industry.

During the mixing process the machine began to develop a blockage, which the worker attempted to clear by inserting his right hand into the machine. However, as he did so, it came into contact with the rotating blades which resulted in the amputation of four of his fingers. Since the incident, the man has had to re-learn how to do everything with his left hand.

An investigation by the Health and Safety Executive (HSE) established that there were no fixed guards preventing access to the blades from the underside. It also found there were not any interlocked guards which would stop the rotating parts if any component on the underside of the mixer were to be removed.

Kerry Ingredients (UK) Limited of Bradley Road, Bristol pleaded guilty on 26 July 2024 to a contravention of The Provision and Use of Work Equipment Regulations 1988, Regulations 11(1) and (2) and the Health and Safety at Work etc. Act

1974, Section 33(1)(c). At a further hearing on 8 August 2024, the company was fined £360,000.

HSE principal inspector Hazel Dobb 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.”

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.