Struggling firm gets lighter penalty for fourth machine-guarding incident - incourt-content | SHP - Safety and Health Practitioner

Struggling firm gets lighter penalty for fourth machine-guarding incident

27 January 2012

A Midlands aluminium casting company has appeared in court to answer charges relating to a molten-metal splash that seriously burned one of its employees.

JVM Castings Ltd, based in Tamworth, was prosecuted by the HSE following the incident, on 27 July 2010. Asim Qureshi, 41, was operating a die-cast machine at the company’s premises in Droitwich Road when 650ºC molten metal sprayed from the back of it, causing serious burns to his right arm, shoulder, leg and face.

Mr Qureshi was unable to work for two months and continues to receive treatment for his burnt skin.

Sitting on 19 January, Worcester magistrates heard that there had been three similar incidents of molten aluminium blow-backs at the factory – one of which caused serious injuries to another employee seven months before the incident involving Mr Qureshi.

Investigating HSE inspector Tariq Khan explained to SHP what happened: “The die-casting machine consists of several parts, and metal is continuously being poured under pressure. Hot molten metal is poured into a cold chamber before being injected into the die.

“The injection unit is at the back and this is where the operator controls are. The whole process needs guarding throughout but the guarding at this end was not sufficient. When the tip of the hydraulic ram, exerting 6000 psi, failed the molten metal splashed out and hit Mr Qureshi.”

Inspector Khan said JVM Castings’ risk assessment had identified blow-backs as a danger but did not take any steps to reduce the risk. In addition to the insufficient guarding the workers had not been supplied with adequate PPE.

JVM Castings (Worcester) Ltd pleaded guilty to breaching section 2(1) of the HSWA 1974 but received a reduced fine-and-costs combination of £10,000 (£6000 fine and £4000 partial costs) on the basis of its plea of financial difficulty. It offered its accounts for 2010/2011 to show that it was not in a position to pay a substantial fine, and the company’s MD said in court that financial constraints had also caused it to “drag its feet” over health and safety.

It also said it had added guards to the injection end of the machine, following this incident.

Concluded inspector Khan: “Despite three previous incidents, one of which caused serious injuries to another worker, JVM Castings failed to learn from them and did not follow the recommendations of its own investigation. As a result of the company’s failings a man has suffered serious injuries, which could easily have been avoided.”
 


     
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Colin
Given that this company is busy hurting its employees, perhaps a prosecution of the directors may have brought home the message that JVM Castings should take care of their employees?

Posted on 27/01/12 04:13.

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Ivan Timson
I agree Colin. After several incidents where employees are being put at risk by a negligent employer. A prosecution is needed rather than a fine due to 'financial difficulties'. Surely such a plea should not affect the penalty of a repeat offender who are placing their employees at risk.

Posted on 29/01/12 22:39.

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Ray R
£10,000 infines and costs could have bought plenty of PPE and probably a better SSoW!

Posted on 29/01/12 22:39.

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Nick Gray
Failed to learn from previous incidents and dragged their feet on H&S because of financial difficulty. Fine reduced because of said difficulty but it is still more than the money that would have been saved on dragging said feet. Therefore logic and common sense tells us that good health and safety would have saved money. Being a poorly trained safety professional who doesn’t understand business like Mr Cameron’s entrepreneurs can someone tell me if this is the safety burden they whinge about?

Posted on 31/01/12 02:29.

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