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March 12, 2012

Nestlé fined £180,000 for machine-crush fatality

Nestlé has been ordered to pay more than £221,000 in fines and costs after a worker was crushed to death inside a conveyor-type machine.

Nazar Hussain, 55, was inside a depalletiser when one of his colleagues re-started the machine unaware that he was inside. The incident took place on 7 December 2008 at Nestlé’s Albion Mill plant in Halifax.

It is thought that Mr Hussain may have entered the depalletiser to remove a blockage, as earlier in the day some large sweet tins had become jammed in the machine, causing an alarm to sound.

Later that day, the machine’s alarm sounded again and a worker, who had been covering for Mr Hussain while he was on a break, went to investigate. He walked around the machine and could not see anyone inside so he re-started it. The machine immediately shuddered and stopped, and the alarm re-sounded. Mr Hussain’s crouched body was discovered inside the machine and he was pronounced dead at the scene.

An HSE investigation learned that the machine had a safety-key system to halt the machine, but Nestlé had failed to ensure all its workers were aware of its purpose and how to use it.

On 10 December 2008, the HSE issued a Prohibition Notice to the firm, which required the company to implement a new system to prevent the master key being removed from the machine’s control panel until all access keys were returned.

HSE inspector Jackie Ferguson revealed that the company had received a written warning from the HSE in 2002, which highlighted the need to improve controls on the machine to prevent it from being re-started while a worker was inside. She said: “This was a terrible tragedy that could have been so easily avoided. Nestlé failed to ensure robust systems were in place to control safe entry into the depalletiser and prevent the machine being re-started while someone was in the danger zone. €

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Deand
Deand
12 years ago

Glad to see a massive fine. It’s shocking that they failed to act on the warning they got in 2002.

Lance
Lance
12 years ago

How mad has the HSE become. All that is necessary with this type of access work into operating machines is to have a Key at the entrance that has to be removed to get into the machine or clearly marked “Remove before Entry – Keep it on your person” Removing that key then prevents that machine from being restarted. When work is completed and operative comes out it is only he that can reinsert the Key to allow the machine to be restarted.

Mikekelly
Mikekelly
12 years ago

Where’s the Corporate Manslaughter prosecution then?? What a missed opportunity- although it would, no doubt, have shown up the shortcomings of the legislation but maybe would have led to a senior manager being prosecuted effectively under S37 HSWA perhaps.
I’m more sorry for the guy’s family. particularly as the company had been warned before.
A minuscule £221,000 fine for a huge multi national-shame on them! 7.5% of turnover might encourage them

Sweetblood25
Sweetblood25
12 years ago

positive decession by Bradford Crown Court….