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Bradford man may lose lower leg after work injury

08-05-2013

Photo shows the incident scene; the metal plates and pallets having fallen in a waterfall effect from the plate turner

A Bradford man may need to have his foot and lower leg amputated as a result of a crush injury caused by the safety failures of his employers more than a year ago.

The city’s magistrates were told (on 1 May) that 51-year-old David Wain, from Holmewood, suffered serious injuries when a 1.5 tonne pallet of tin plates fell onto his right lower leg and foot when he was employed by Emballator UK Ltd. at their factory in Tyersal, Bradford.

The incident, on 6 February 2012, was investigated by the Health and Safety Executive (HSE), which prosecuted the company after identifying a number of safety failings.

Bradford Magistrates’ Court heard that Mr Wain, a coating assistant at the plant, which manufactures tin cans, had been told to use an older machine to turn the bulk tin plate as a fault had developed on the usual, more modern, pallet turner.

He had no experience of using the older machine and a colleague gave him a demonstration of how to use it and how to load the pallets for turning.

Mr Wain used a forklift truck to pick up a pallet of plates, loaded the machine the way he had been told - wedging the load using empty pallets - and switched it on. Moments later, after the machine turned 180 degrees, he saw the plates and pallets moving. He tried to get out of the way but the full load of metal plates spilled out of the machine in a weighty waterfall, trapping his foot against the floor.

Part of Mr Wain’s big toe was severed and the sole of his foot was split. Surgeons managed to reattach the next two toes and he needed plates put into his ankle and screws into his lower leg. He was in hospital for 11 days.

Mr Wain has been housebound since the incident and unable to walk without crutches. He was informed earlier this year by the hospital that his foot and lower leg may need to be amputated.

HSE found Emballator UK Ltd. had failed to provide both safe equipment and a safe system of work. There was no clamping mechanism to retain the pallet of metal plates within the rotating machine, and no guarding to keep operators from the machine during turning.

In addition, the firm had not identified the risks involved with using the older machine, and in particular the risk of the plates falling out. Mr Wain was not supervised whilst he used the machine for the first time. No checks were made that he understood the risks and the precautions to take.

Emballator UK Ltd., of City Link Industrial Park, Phoenix way, Tyersal, Bradford, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The firm was fined £12,000 and ordered to pay £3,769 in full costs.

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