26 year old employee loses an arm

A Kent-based food production company has been fined £858,000 after a 26-year-old employee had to have his right arm surgically removed following an incident. 

Lee Simpson was removing filling ingredients from a paddle mixer at David Wood Baking Limited’s site in Sheerness on 27 September 2021 when his arm became entangled in the unguarded machinery.

The Health and Safety Executive (HSE) attended the food production company’s site at Mill House, Dorset Road in Sheerness and found that the control measures to prevent contact with moving parts were ineffective. 

Specifically, the guarding on the paddle mixer, which is used to make sausage rolls, quiches and other food products, was not routinely replaced after cleaning.

On the day of the incident, Simpson was removing filling ingredients from the front of the unguarded machinery when his right hand and arm were drawn in.

Significantly, the ‘interlocking’ system had been defeated which meant that the food mixer could still operate even though the front guard was not in place. 

The HSE concluded this system had been defeated in January 2019, but possibly as early as 2018 when the food mixer was first installed. 

This failure meant all of the employees that worked with the machinery had been put at risk when they operated it. The HSE told IOSH Magazine that its investigation found at least ten factory staff worked with the food mixer.
 
However, closed-circuit TV footage revealed that many employees, including managers and supervisors, had used or seen the machine over the six weeks prior to the incident when the guard was not in place to prevent access. Not one person had taken any action or raised it as an issue.

David Wood Baking Limited pleaded guilty to breaching regulation 11 (1) (b) under the Provision and Use of Work Equipment Regulations 1998 at Folkestone Magistrates Court on 21 December 2022. In addition to the £858,000 fine, the business must also pay £8,000 in costs. 

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Picture of Steve Kilburn
Steve Kilburn
I initially trained as an industrial chemist working in a variety of manufacturing environments eventually moving into quality management which grew to encompass environmental and occupational health and safety management systems. I hold a Masters Degree in Health and Safety law and Environmental Law and a Post Graduate Certificate in Sustainable Waste Management and I am a Graduate Level Member of the Institution of Occupational Safety and Health (IOSH). In my spare time I enjoy reading, my favourite author is Stephen King, and listening to music, generally from the late 70’s, 80’s and 90’s.
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