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February 12, 2013

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Worker found brother lying dead in machine

Two companies have been ordered to pay more than £450,000 in fines and costs after a worker was crushed inside a machine used to manufacture bridges for the military.

Brian Miller was working as a machine operator at WFEL Ltd’s plant on Crossley Road in Heaton Chapel, Stockport, when the incident took place on 12 January 2008. He was operating a large CNC machine when he noticed a fault with one of the switches.

The 38-year-old was able to enter a setting on the machine, which allowed him to open the cab door and access the area where the fault was located. As he was leaning over a tool-head, a large hydraulic ram descended on him and crushed his head. His brother, who was working on adjacent equipment, found him dead on the bed of the machine.

The HSE investigated the incident and found the machine, which was designed by Netherlands-based firm Unisign Produktie Automatisering BV, did not comply with European safety standards, as access should not have been possible when the machine was running at full speed.

The investigation identified that WFEL Ltd had failed to undertake a proper risk assessment on the machine, or ensure that safe operating procedures were in place. There was also insufficient monitoring and supervision of workers who operated the machine.

HSE inspector Philip Strickland explained the case had taken time to come to court on account of the inquest not taking place until December 2010. He said the investigation was complex and was made more difficult by Unisign not having a presence in the UK.

Speaking about the incident, inspector Strickland said: “Unisign should not have supplied a machine that fell below accepted standards and did not have suitable guards and safety systems installed to protect workers. WFEL should have made sure its employees only fixed faults when the machine was in a safe state.

“It simply should not have been possible to access dangerous parts of the machine while it was still operating, but both Unisign and WFEL allowed this to happen.”

Unisign Produktie Automatisering BV appeared at Manchester Crown Court on 8 February and pleaded guilty to breaching s6(1) of the HSWA 1974, for failing to ensure the machine was designed safely. It was fined £200,000 and ordered to pay £28,313 in costs.

WFEL Ltd also attended the hearing and pleaded guilty to breaching s2(1) of the same Act. It was fined £200,000 and ordered to pay £28,074 in costs.

In mitigation, WFEL said it entered an early guilty plea and has subsequently sent staff on refresher training to ensure the machine was being used safely. It has also introduced formal procedures to monitor the machine. The company has no previous convictions.

Unisign Produktie Automatisering said it has repaired the machine to remove the setting, which allowed workers entry while it was operational at full speed. It has also contacted all of its other customers who purchased similar machines to ensure the faulty setting is repaired.

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