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Firm fined after worker's horrific accident

A KENT firm has been ordered to pay over £22,000 in fines and costs as a result of an accident in which an employee was seriously injured.

Raymond Price, a chargehand at the premises of Marley Floors Ltd at Lenham, near Maidstone, had his arm broken in six places as well as damage to his elbow. He also suffered severe burns when his hand was drawn into an unguarded machine in November 2001.

Despite a series of operations Mr Price, who had been employed by the company for 25 years, has still not been able to return to work.

At Maidstone Crown Court, Marley was fined £12,500 and ordered to pay the full costs of the prosecution, just over £10,000, after admitting that it had contravened health and safety regulations.

The court heard that in order to free the machine from debris so that production could continue, Mr Price had put his gloved right hand into an unguarded part of a tile conveyor - something he had done before without mishap.

But the tips of the fingers of the glove had become caught in the machine, so that his hand and arm were drawn into it, with horrendous results. As well as broken bones, he suffered severe burns, as temperatures in the machine at the time were around 200 degrees centigrade. His right index finger and part of his thumb had to be amputated.

Judge Andrew Patience, QC, said: "This accident occurred for two reasons. First, Mr Price was able to put his hand into this machine because there was no guard on it, as there should have been.

“Secondly, there was in place a system of daily checks of machines and guards, but unhappily that system did not extend to this conveyor.

“Had there been a guard in place and had there been a system of inspection carried out on a daily basis...this accident would not have occurred.”

Although the company had never before been prosecuted, there had been two occasions - in 1997 and 1999 - when the Health and Safety Executive had occasion to write to the company because of accidents involving members of staff.

Against the aggravating aspects, said the judge, there were mitigating features, including the fact that the company had pleaded guilty at the earliest opportunity and extended the fullest co-operation to the Health and Safety Executive as they carried out their investigations.

Judge Patience said he also took into account that Mr Price, an experienced chargehand, had worked out this system of clearing an obstruction in the machine for himself and had acted on his own initiative.

The judge added: “I also very much take into account that under a new team in charge, there has been a considerably raised standard in safety awareness since this incident, and that members of staff, according to their position, have been receiving regular training on aspects of health and safety.

“Nevertheless this remains in my judgement a very serious breach of the regulations.”

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