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You are here: Home / Claim Management / Legal Doctrines / British Manufacturer Sentenced after Worker Has Hand Crushed

British Manufacturer Sentenced after Worker Has Hand Crushed

March 28, 2012 By //  by Robert Elliott, J.D. Leave a Comment

A British manufacturing firm has been sentenced after a worker's hand was crushed in a metal press at a St Helens factory, according to a report from the Health and Safety Executive (HSE).
 
 
Barry Kelleher lost his little finger and part of the palm on his right hand as a result of the incident at Crane Building Services and Utilities. The 47-year-old from Leigh also needed two skin grafting operations.
 
 
The owner of the factory, Crane Ltd, was prosecuted by HSE after an investigation found the machine could still be operated when a workers hand was underneath the mould. Note:  Physical guards and light curtains generally prevent a workers hand from entering the pinch point area.
 
 
Knowsley Magistrates Court in Huyton was told the machine had been installed at the factory on Delta Road in St Helens in 1967, but had not been upgraded to comply with modern health and safety laws.
 
 
Kelleher does not remember the incident on Jan. 19, 2011, which occurred while he was using the press to mold metal parts, used by the gas industry.
 
 
However, the HSE investigation concluded that the most likely explanation is that he inadvertently pressed the foot pedal on the machine while his hand was under the mould.
 
 
Crane Ltd pleaded guilty to a breach of the Provision and Use of Work Equipment Regulations 1998 by failing to prevent workers from being able to access the dangerous parts of the machine while it was operating.
 
 
The company, of West Road in Ipswich, was fined $15,530 and ordered to pay $7,080.77 in prosecution costs.
 
 
Kelleher was off work for seven weeks as a result of his injuries, before returning to work initially for one day a week.
 
 
Kelleher was one of more than 3,800 workers who suffered a major injury while at work in the manufacturing industry in Great Britain in 2010/11. Another 27 lost their lives.
 
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Note: machines should be designed so that when body parts are in or near a pinch point, the machine will not operate; machines are then said to be "fail safe." If an adjuster sees such an injury, they must make serious inquiry into whether the machine manufacturer should be brought into the situation as a third party or subrogee.
 
 
Author Robert Elliott, executive vice president, Amaxx Risk 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.
 
Our WORKERS COMP BOOK:  www.WCManual.com
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact  Info@ReduceYourWorkersComp.com.

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Filed Under: Legal Doctrines, Medical Issues, Safety and Loss Control, WC in Other Countries (International) Tagged With: Fail safe guards, fines, Great Britain, Health and Safety Executive, HSE, Legal Issues, Medical Issues, Product Liability

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