Peter Smith defends in Health and Safety case involving partial amputation

The defendant company buy, sell and process metals and alloys. As part of its processes, the company employed operatives to undertake cutting, blasting, shearing, grinding and baling.

As regards baling, a baling machine was used for bunding metal wire.

At the material time, an operative was using the baler but the guard had been removed sometime previously; it had not been fixed to the machine for some 18 months

In the event, the operative was manually pushing the wire into the baler when his hand became trapped, leading to a partial amputation of his right dominant hand.

It was clear that the risk assessment, method statement and training was deficient in addition to the absence of the guard.

The company was small, though with significant losses.

In the prosecutions view, culpability was ‘High’; Level B risk exposed and a ‘High likelihood of harm’ at category 2. This gave a starting point of £100,000.

However, since causation was made out, the submission was that it should be increased to harm category 1 with a £250,000 starting point.

Whilst the judge found culpability ‘High’, having accepted that causation was made out, he considered moving up to harm category 1 but was persuaded not to do so in the circumstances.

From a starting point of £100,000 the judge applied Steps Three and Four of the Guidelines and accepted the perilous financial position which the company was in, and had been for two years.

Further applying the cogent mitigation and full credit for the guilty plea, a fine of £24,000 was imposed, together with costs. The judge permitted 3 years to pay by way of monthly instalments.