An Inverurie steel fabrication firm has been fined after a worker trapped his hand in machinery and lost two fingers.
The 52-year-old man suffered the horrific injury while working on a metal gate for Inverurie firm James Moir & Sons Ltd.
While cleaning a tube of metal, his right hand was drawn into and under the tube, trapping it, Aberdeen Sheriff Court was told.
His middle finger was severed in the incident, while his ring finger also had its skin and tissue stripped, meaning it had to be amputated at hospital.
Fiscal depute Catherine Fraser said the incident happened on May 11 2022.
The employee had been fabricating a metal gate and decided to clean a metal tube to remove any imperfections.
To do so, he attached it to a lathe, which rotated the tube, and an emery cloth was then held against the tube.
Ms Fraser said: “He wrapped it in a ‘half turn’ around the tube and, holding it in place with the index fingers and thumbs of both hands, he started the lathe.
“He was wearing rigger gloves during this activity and while the tube was rotating, his right hand was drawn into and under the tube, trapping it.
“This resulted in the traumatic amputation of his middle finger, while skin and tissue were stripped from the ring finger, on the same hand.
“He was taken to Aberdeen Royal Infirmary, where the injuries to the ring finger were so severe that it also required amputation.”
As a result of the injury to his dominant hand, the man was off work, on full pay, for 14 weeks.
He has since been able to return in the same role, however, as a keen motorcyclist, special adaptations had to be made to his bike in order for him to keep using it.
James Moir & Sons immediately reported the incident and the Health and Safety Executive (HSE) led an investigation into it.
The firm had previously used external consultants to prepare a risk assessment and operational instructions for use of the lathe.
Company has six employees
These specified that gloves were not to worn while operating the machine, however, made no reference to the use of emery cloth in conjunction with a lathe.
No task-specific risk assessment for the application of emery cloth came to light during the investigation.
There was no established safe system of work for the use of emery cloth in conjunction with a lathe.
HSE’s own guidance on the use of emery cloth on metalworking lathes expressly states holding of emery cloth by hand is “dangerous” and states it should be clamped into a tool post or similar holder.
It states “emery cloth should NEVER be applied directly by hand…”.
It further states that the use of gloves increases the risk of entanglement and is never acceptable near rotating parts of machinery, such as manual metalworking lathes.
Ms Fraser told the court: “It is the employer’s duty to ensure that their employees are aware of the risks and that safety representatives are consulted before implementing any new measures.
“The incident occurred because there was no uniform understanding throughout the company’s employees that the use of hand-held emery cloth in conjunction with a lathe is not an acceptable practice.
‘The company takes the health and safety of its employees very seriously’
“There was no risk assessment in place for the task and there was no clear, established safe system of work.
“Other than the instruction that gloves were not to be worn when using the lathe, there were no other controls in place to mitigate the risk of drawing into the lathe while applying emery cloth.”
Following the accident, James Moir & Sons stopped all use of emery cloth at their site.
The lathe involved is now isolated and kept locked, with only nominated, competent persons permitted to use it.
James Moir & Sons Ltd pled guilty to a charge under The Provision and Use of Work Equipment Regulations 1998 and the Health and Safety at Work etc Act 1974.
It admitted failing to have in place a safe system of work for the application of emery cloth to a rotating stock bar and that access was prevented to dangerous parts of the lathe, resulting in the man’s hand being drawn into the machine to his severe injury, permanent impairment and permanent disfigurement.
Defence agent Malcolm Gunnyeun said James Moir & Sons was a small family business with six employees.
‘Clearly this was an upsetting and traumatic incident’
Mr Gunnyeun said the matter was of “regret and concern” to the company.
He went on: “The company takes the health and safety of its employees very seriously.
“It’s accepted the company did not have a safe system of work for this specific task.
“This was a genuine oversight on the part of an otherwise careful employer.”
The solicitor said the fact the employee was wearing gloves, against the company guidance, was a “significant factor”, but hastened to add the firm did not “seek to place any blame” on the man.
Mr Gunnyeun said James Moir & Sons took immediate steps to address the issues and that, as a result, the HSE concluded that no further action required to be taken.
Sheriff Edward Gilroy said: “Clearly this was an upsetting and traumatic incident for the employee. Thereafter, he has recovered well, thankfully, it would appear.”
The sheriff said that, despite the seriousness of the injury, it appeared to have had a “relatively minor impact on his day-to-day life”.
He also praised the company’s prompt reaction to the incident in addressing the failings that led to it and cooperating with the HSE and crown.
He ordered James Moir & Sons to pay a fine totalling £2,075.
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