On a seemingly routine day in June 2021, our client, a skilled engineer working in a poultry factory, suffered a life-altering injury while performing a standard maintenance procedure. What followed was a reminder of the importance of robust workplace safety practices and the legal obligations employers must uphold under UK law.

A dangerous task in a high-risk environment

Our client was given the job of changing the blades on several “hoc cutters”, machines used to remove poultry feet. He was working on the “whole bird machine,” a complex piece of equipment that requires isolation before maintenance.

Despite switching off the electricity, the blade carried on rotating, making the task inherently dangerous. To access the blade, our client had to remove a protective guard held in place by two 6mm cap head bolts. Once the guard was removed, the sharp blade was fully exposed, this was a known and foreseeable hazard.

Holding a spanner in each hand, he attempted to loosen an overtightened left-handed threaded nut. Critically, no long-handled spanners were provided, tools that would have allowed him to keep his hand at a safe distance from the blade. As he applied force, the spanner slipped. His right hand was driven into the exposed blade, causing a serious laceration to his dominant thumb.

Legal duties under UK health and safety law

Under the Health and Safety at Work etc. Act 1974 , employers have a duty to ensure, so far as is reasonably practicable, the health, safety, and welfare of their employees. This includes providing:

• Safe systems of work
• Properly maintained equipment
• Adequate personal protective equipment (PPE)
• Sufficient training and supervision

In this case, failing to supply the correct tool, a long-handled spanner, amounted to a breach of that duty. Furthermore, under the Provision and Use of Work Equipment Regulations 1998 (PUWER), employers must ensure that:

• Equipment is suitable for the intended use
• Maintenance can be carried out safely
• Safety devices (like guards) are used and maintained appropriately

Removing the guard exposed our client to unnecessary risk, and the system of work did not sufficiently protect him during a foreseeable hazard, maintenance of a rotating blade.

The settlement: Justice and accountability

Despite the employer initially disputing full responsibility, we negotiated a 75/25 liability split in favour of our client. The case was settled for a five figure sum, reflecting the pain, suffering and disruption to our client’s life. It also underscores the critical importance of enforcing safety standards in industrial settings.

Key takeaways for employers and employees

• Risk assessments matter: Tasks involving machinery must be properly assessed, with risks mitigated through tools, training, and procedures
• Tool provision is critical: The right equipment can mean the difference between a safe job and a life-changing injury
• Accountability under law: Employers are legally bound to protect their workers, and can be held liable when they fail to do so

If you’ve suffered an injury at work due to inadequate safety measures or poorly maintained equipment, you may be entitled to compensation. We are committed to holding negligent employers to account and securing the justice you deserve.

Contact us today for a free consultation.  Call 0800 18 0458 or email help@switalskis.com