This is ALSO a product liability claim. The machine should have been designed so that the electronic sensor could not have been re-activated inadvertently — a fail safe design.
A fine of £60,000 ($97,116) was levied against Westwood Yarns following the death of a worker cleaning a baling machine. The employer was also ordered to pay £20,625 ($33,383) court costs.
A maintenance worker was killed when a baling machine he was working on re-activated according to information from the Health & Safety Executive (HSE). Bradford Crown Court heard that Gary Lee, an employee for 20 years, was untrained in the proper way to clean the baling machine. HSE, said management safety failings at Westwood Yarns Washpit Mills factory in Holmfirth were responsible for the worker’s death. (WCxKit)
The HSE investigation suggested Lee may have inadvertently obscured an electronic sensor, which re-activated the operation of the baling compressors as the machine was left in automatic mode, instead being completely shut down. HSE inspectors found a lack of supervision and consistency in work processes at the factory.
Also, a lack of equipment meant some procedures could not be properly carried out. Immediately after the incident, an enforcement notice was served on the firm requiring improvements to ensure cleaning operations of the baler was carried out safely.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
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