Animal feed manufacturer fined after employee’s arm severed

Hull Magistrates' Court

An East Yorkshire company has been fined more than half a million pounds after an employee’s lower arm was severed when it became entangled in a conveyor.

Bartosz Gaj, a blender operative, had been attempting to clear a blockage at AB Agri Limited’s premises in Fridaythorpe, Driffield on 3 November 2021.

Gaj’s hand was drawn into the conveyor mechanism, severing the 34-year-old’s right arm below the elbow.

He had only been working at the company for a few months at the time of the incident.

As a result of his life-changing injury, Gaj was unable to return to work for more than two years. He has had to adapt all aspects of his daily life.

The conveyor had been installed a few months before the incident and was prone to blockages which needed to be cleared by pulling out a manual slide plate, removing the accumulated material and resetting a cut-off switch.

The Health and Safety Executive (HSE) investigation found operatives routinely cleared blockages themselves if they could be done quickly, even though they had not been adequately trained in isolation procedures.

There had been no review of the risk assessment for operating the conveyor, when the new conveyor was installed.

The investigation also found there was no system for checking that guards and safety features were in place prior to using the conveyor.

HSE guidance states effective measures should be taken to prevent access to dangerous parts of machinery.

In addition, machinery should be isolated before interventions are carried out. Employees should be adequately trained in isolation procedures.

AB Agri Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £566,000 and ordered to pay costs of £6,410 at Hull Magistrates’ Court.

HSE inspector, Sally Gay, said: “The life changing injury Mr Gaj suffered could so easily have been avoided by properly assessing the risks, and applying the correct control measures and safe working practices.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

This HSE prosecution was brought by HSE enforcement lawyer Jayne Wilson and paralegal officer Lucy Gallagher.

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