C.I. Cooperative Society Ltd fined £65000 after employee sustained life changing hand injury

17 October 2018

Introduction

The Channel Islands Cooperative Society Limited (the Co-op) was recently fined £65000, plus £5000 costs, by the Royal Court after being found guilty of breaching Article 3 of the Health and Safety at Work (Jersey) Law 1989 (HSW Law).

The case arose as a result of an accident in which an employee, who worked in the butchery department at the Grand Marche, St Helier retail store, sustained a life changing injury when his hand was drawn into the moving parts of a meat mincing machine. As a result, the employee lost four fingers and most of his dominant right hand. 

At the time of the accident, a safety critical guard, which prevents access to the dangerous moving parts of the machine, was missing and no push stick was available. The investigation identified that the guard and push stick had been missing for approximately four years.

Findings of the investigation

The investigation identified a number of failings that fell far below the standards required by HSW Law for a considerable amount of time, including a failure to ensure:

• the machine was appropriately guarded
• a push stick was provided and used in conjunction with the guard
• a risk assessment was carried out in respect of the use of the mincing machine 
• the provision of adequate information, instruction and training in relation to the use of the mincing machine. Instead bad practice had been passed on from one employee to the next

This accident clearly highlights the well recognised hazards associated with the use of a mincing machine and the serious consequences of failing to meet the required standards.

Authoritative guidance published by the British Standards Institution is recognised as being appropriate to illustrate the minimum standards required to meet the general duties imposed by the HSW Law.  Particularly relevant to this case is the following:

BS EN 12331:2015 Food processing machinery – Mincing machines – Safety and hygiene requirements

Anybody having responsibility for the use of a mincing machine in a workplace must ensure they are familiar with, and comply with, this standard.