Food processing company sentenced after worker suffers serious injuries

A company has been fined £20,000 after an employee’s arm was drawn into machinery and seriously injured.

The worker, Piotr Zielinski, 58, from Nottinghamshire, was working for food processing company Belwood Foods Limited.

His right arm was drawn into a machine and wrist crushed while cleaning poultry processing machinery at Belwood Food’s site at Lowmoor Business Park, Kirkby-in-Ashfield, Nottingham, on 22 November 2019.

He had been removing debris that was trapped on the hinges of an open access panel door at the base of a hopper machine. The door had been opened to allow the debris to drain from the auger.

The access panel door at the base of the hopper

While removing the debris however, the auger was still in operation and caught the worker’s right arm, drawing it into the machine up to the elbow.

This led to skin and muscle being removed from Mr Zielinski’s right arm with his wrist also being crushed. His injuries required surgery.

An investigation by the Health and Safety Executive (HSE) found that the access panel door was able to be opened freely whilst the auger was in motion. There were no controls in place to prevent the panel from being opened while the auger was moving. It was not locked or interlocked, and there was no safe isolation procedure for this weekly cleaning task.

HSE guidance can be found at: Equipment and machinery – HSE

Belwood Foods Limited, of The Henley Building, Newtown Road, Henley-on-Thames,  Oxfordshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £20,000 and ordered to pay £7,839.21 in costs at Nottingham Magistrates’ Court on 9 October 2023.

HSE inspector Lee Greatorex said: “This injury was easily preventable. Employers have a responsibility to properly assess the risks from all aspects of their operations, including cleaning and maintenance, and implement effective control measures to minimise the risk from dangerous parts of machinery. HSE will not hesitate to take action against companies which do not do all that they should to keep people safe.”

This prosecution was supported by HSE enforcement lawyer Samantha Wells.

Notes to Editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We seek to 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. hse.gov.uk
  2. More about the legislation referred to in this case can be found at: legislation.gov.uk/
  3. HSE news releases are available at http://press.hse.gov.uk



HSE statement on “Lead in ammunition” UK REACH proposals

Announcing the publication today of an analysis setting out the risks from lead in ammunition and the opening of the 60-day consultation on the draft socioeconomic analysis, Dr Richard Daniels, HSE’s Director of Chemicals Regulation Division, said:

“We thank everyone who took part in the initial consultation. We received 2,759  responses, including technical submissions, which we have had to work through carefully to inform our analysis of risk and any proposals to restrict lead in ammunition.

“Following the publication of our analysis, we have today opened a 60-day public consultation on the draft socioeconomic analysis.

“There are already legally binding measures in place to protect Britain’s wildlife in designated wetlands from the use of lead shot and bullets, but it was important that we had a more detailed analysis of the risks to the wider environment and human health.

“The risks from lead are generally well understood, however we are proposing further restrictions to ensure the risks from the use of lead ammunition are adequately managed.

“People will still be able to continue to shoot outdoors, but we are proposing that for some outdoor uses in the future, alternatives to lead ammunition would need to be used.

“We understand that the use of lead shot is required for outdoor target shooting in international competitions – such as the Olympic Games. We are therefore proposing a derogation allowing a limited number of identified athletes to continue training and representing their country.

“Other derogations would allow the use of lead bullets in target shooting at outdoor ranges with appropriate risk management measures in place.”

 

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. hse.gov.uk
  2. The Health and Safety Executive (HSE), in its role as the agency for UK REACH, which is the framework for managing the risks from chemical substances in Great Britain, has worked with the Environment Agency and published its risk assessment opinion registry-of-restriction-intentions.xlsx (live.com).
  3. The published opinion on the risk assessment was developed after considering the responses from last year’s consultation. Additionally, in line with the legal requirements under the UK Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation, HSE also opened a 60-day public consultation on the draft socio-economic opinion. Any comments that will help HSE and the Environment Agency with this draft opinion should be submitted here UK REACH – Public Consultation on Lead in Ammunition – Health and Safety Executive – Citizen Space (hse.gov.uk).
  4. The Agency also met stakeholders to listen to their concerns, gather evidence and discuss the proposals. The Agency opinion has been reviewed by a Challenge Panel made up of independent experts from the REACH Independent Scientific Expert Pool (RISEP), who provide scrutiny and challenge.
  5. In developing the derogation for using lead bullets for target shooting at outdoor ranges with appropriate risk management measures in place, the Agency met with shooting organisations to discuss current practice at ranges. It is estimated that around 95 per cent of outdoor ranges already have sufficient risk management measures in place.
  6. HSE news releases are available at: http://press.hse.gov.uk.



Lights, camera, take action this World Mental Health Day

The scale of reported work-related stress across the UK economy has been increasing year on year, and Britain’s workplace regulator is campaigning for employers to take action.

As the world acknowledges World Mental Health Day, the Health and Safety Executive (HSE) welcomes three new partners to its Working Minds campaign, which urges workplaces to take action on work related stress and mental health.

All three new partners joining Working Minds campaign are in the entertainment and leisure sector – an industry which by its very nature, is fast paced and changeable with many being self-employed, freelancers or contracted for set amounts of time.

This can result in lots of uncertainty and  long and unsociable hours. In the Looking Glass ’22 survey conducted by the Film and TV Charity only 11% described the industry as a mentally healthy place to work.

The Mark Milsome Foundation, The Association of British Theatre Technicians and The British Association of Leisure Parks, Piers and Attractions, will now join 23 Working Minds partners across different industries to raise awareness of the support available and the campaign’s key messages.

The law requires all employers to prevent work related stress to support good mental health in the workplace. No matter the size or type of business, employers have a legal duty to ensure risks of stress and mental ill-health are considered  in health and safety risk assessments and acted upon. Measures should be put in place to prevent stress and support workers’ mental health.

World Mental Health Day (10 October) has been celebrated for over 30 years, and whilst awareness and acceptance of stress and mental health may be increasing, action – particularly prevention – is not. Stress, depression and anxiety are the number one cause of work-related ill-health in Great Britain.

Elizabeth Goodwill, head of work-related stress and mental health policy team at HSE, said: “Small actions done routinely can make a huge difference to how stress and mental health issues are  recognised and responded to where you work. Employers should make it routine to check in with individuals and teams about pressures they’re facing and agree actions to help prevent and address them.

“Some of the most common issues are workload pressures, tight deadlines, too much responsibility and a lack of managerial support. Taking action doesn’t have to be ground-breaking, your response can be small things that make a big difference. For example, making sure you have regular catch ups to discuss workload and how the team can share the load or helping to prioritise work and deadlines.

“Taking an organisational approach that tackles the root cause of work related stress is key and can help the whole team rather than just an individual, and you may be able to take one action that helps a number of people.”

For guidance on managing workplace stress and talking to workers about it, see our Working Minds campaign.

Samantha Wainstein, The Mark Milsome Foundation chair, says: “At the heart of our mission is the commitment to make film and TV sets safe for all cast and crew, by advocating for better health and safety practice across the industry and collaborating with partners to raise awareness about key issues that need to be addressed. A fundamental part of our advocacy is emphasising the importance of wellbeing and happiness on set, as this plays an integral role in ensuring the safety of both cast and crew.”

Mig Burgess, The Association of British Theatre Technicians co-chair, says: “The ABTT are delighted to join the HSE’s working minds campaign as a partner. As an association we are committed to upholding standards in technical excellence, safety, and compliance for live performance, and partnering with the HSE and its working minds campaign formalises our commitment to promote better practices around well-being and mental health in the workplace.”

Paul Kelly, Chief Executive of The British Association of Leisure Parks, Piers and

Attractions says: “Mental health must be a top priority for our industry, especially following a few very difficult years for staff and customers. As an association, we are committed to providing the information, resources and tools that our members need – supporting them to support their teams.”

Help is available

If you or someone you know needs help or support, reach out and ask how they are feeling and coping. There are tools and sources of support out there that can help.

Sign up to support HSE’s Working Minds campaign to help drive positive change across Britain’s workplaces.

Work in entertainment or leisure?

Contact Film & TV charity for confidential and free support for anyone working behind the scenes in film, TV or cinema. Support Line 0800 054 0000.

The Mark Milsome Foundation – Film and TV Online Safety Passport Course (90 minutes)

Association of Event Venues – Heads up: your wellbeing tool kit

Read the Blog from Mig Burgess, teacher, Creative Designer and Production Technician on her summer commitment to learn more about work-related stress and the guidance note she created for The Association of British Theatre Technicians.

 

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. To read more about HSE’s Working Minds campaign click here
  3. For press and media enquiries please contact media.enquiries@hse.gov.uk

 




Sole trader fined following workers’ exposure to hazardous substance

A Lincolnshire-based sole trader has been fined after his employees were exposed to a hazardous substance.

The Health and Safety Executive (HSE) prosecuted Chris Buckley, trading as The Furniture Chest, after the workplace regulator inspected the firm’s site on Station Road, Heckington, Lincolnshire, on 7 April 2022.

HSE inspectors found a significant build-up of wood dust and that Local Exhaust Ventilation systems, provided to capture wood dust and protect employees, had not been thoroughly examined and tested.

A subsequent HSE investigation found Chris Buckley had failed to prevent or adequately control employees’ exposure to wood dust and had failed to ensure that Local Exhaust Ventilation systems had been thoroughly examined and tested. Improvement Notices had been served in relation to the control of wood dust at previous inspections.

Wood dust is a hazardous substance and exposure can lead to workers suffering from respiratory diseases such as asthma and sino-nasal cancer.

HSE has guidance on working in the woodworking industry and is running the Dust Kills: Wood Dust campaign page, which provides free advice to businesses and workers on the control measures required to prevent exposure to dust.

Chris Buckley of Heckington, Sleaford, Lincolnshire, pleaded guilty to breaching Regulations 7(1) and 9(2) of the Control of Substances Hazardous to Health Regulations 2002. He was fined £1,354 and ordered to pay costs of £3,578 at Boston Magistrates’ Court on 9 October 2023.

HSE inspector Muir Finlay said: “Chris Buckley could have ensured that his Local Exhaust Ventilation systems were thoroughly examined and tested to ensure that they were working to protect the health of employees. A suitable and sufficient cleaning regime could have been implemented to further reduce the build-up of dust.

“HSE recognises wood dust can cause serious health problems and launched its Dust Kills campaign to help businesses to take action now to protect their workers’ respiratory health.”

This HSE prosecution was supported by HSE enforcement lawyer Rebecca Schwartz.

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. hse.gov.uk
  2. More about the legislation referred to in this case can be found at: legislation.gov.uk/
  3. HSE news releases are available at http://press.hse.gov.uk



Company fined after worker crushed to death

A recycling company has been fined £40,000 after its failure to maintain the lifting equipment on a refuse vehicle caused the death of an employee.

Henry Chambers had been working for Bin Busy Recycling Limited at an aggregates site run by another company in Charlton, London, when the incident occurred on 5 July 2019.

The 65-year-old, from Dartford, had been unloading glass bottles from the refuse vehicle at an unloading bay at the site before he became trapped between the vehicle’s tailgate and hopper.

The bin lorry at HSE’s laboratory in Buxton, Derbyshire

He sustained multiple crush injuries and died in hospital four days later.

Mr Chambers’ wife, Gail, said: “The Christmas before Henry died, we had just celebrated our 40th wedding anniversary. It was a 40-year marriage which shouldn’t have ended as abruptly as it did.

“Henry was 65 and he kept saying he wanted to retire but there was no set time. There were lots of things we wanted to do when he retired. His big dream was to hire a Winnebago and drive Route 66, but he would have been just as happy down in Cornwall. His big things were holidays and family.”

A Health and Safety Executive (HSE) investigation into the incident identified multiple faults with the refuse vehicle’s lifting equipment, with some parts excessively worn and even missing. The equipment had not been thoroughly examined by a competent person after Bin Busy purchased the vehicle in April 2017.

A thorough examination is a systematic and detailed examination of the equipment and its safety-critical parts, carried out at specified intervals by a competent person. In the case of this vehicle’s lifting equipment, a thorough examination should have been carried out every 12 months. Although Bin Busy had arrangements in place for the vehicle to be maintained, these were focused on its roadworthiness and did not include inspection and maintenance of its lifting equipment.

HSE guidance can be found at: Thorough examinations and inspections of lifting equipment (hse.gov.uk)

Bin Busy Recycling Limited, of Standard Wharf, Manor Road, Erith, Kent, pleaded guilty to breaches of Regulation 9(3) of the Lifting Operations and Lifting Equipment Regulations 1998 and Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998. The company was fined £40,000 and ordered to pay £22,338.24 in costs and the victim surcharge of £181 at Westminster Magistrates’ Court on 9 October 2023.

HSE inspector Gordon Carson said: “Regular proactive maintenance and inspection of work equipment is vitally important to ensure equipment does not deteriorate to the extent that it puts people at risk or, as was tragically the case here, causes fatal injuries. Bin Busy failed to effectively maintain the lifting equipment on this refuse vehicle or arrange for it to be thoroughly examined in accordance with specified timescales.”

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. gov.uk
  2. More about the legislation referred to in this case can be found at: legislation.gov.uk/
  3. HSE news releases are available at http://press.hse.gov.uk
  4. Attached picture of the bin lorry at HSE’s laboratory in Buxton, Derbyshire.