An operative required major surgery after getting trapped in the ‘in-running nip’ of a machine which was manufacturing After Eight chocolates.
Chocolate giant, Nestlé UK Ltd has been sentenced after an employee was dragged into a machine on the production line of their Albion Mills site in Halifax.
Bradford Crown Court heard how the technical operator had been watching the operation of an After Eight production machine when he got dragged into it on the day of the incident, 13 February 2016.
The operative had placed his right hand close to a gap in the machine housing. An emery cloth held in his right hand was dragged into the machine taking his arm with it.
The employee was unable to reach any of the emergency stop buttons around the machine from his trapped position. Paramedics had to free him from the machine. He suffered a double compound fracture to his arm, which required surgery.
HSE found in its investigation that Nestlé had failed to prevent access to dangerous moving parts of the machine, namely an ‘in-running nip’. There was a gap large enough to allow access at a belt conveyor entry on the After Eight line.
Nestle UK Ltd of City Place, Gatwick pleaded guilty to breaching Reg 11 of the Provision and Use of Work Equipment Regulations 1998. They were fined £640,000 and ordered to pay £26,234 in costs.
Speaking after the hearing, investigating HSE inspector Jacqueline Ferguson said: “This is a tragic incident that could so easily have been avoided. The risks inherent in failures to properly guard dangerous parts of machinery are well known in industry and to Nestlé.
“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
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