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Learning from HSE Prosecutions: A Look at Two Shocking Cases

Looking At Lesson Learned

Health & Safety Services

Lessons are sometimes learned through the harshest means: accidents, injuries, and fatalities. Recent prosecutions by the Health and Safety Executive (HSE) underline the importance of adhering to safety protocols, risk assessment, and proper management systems. In this article, we highlight two unfortunate incidents involving Network Rail and Johnsons Textile Services Limited, both of which resulted in severe consequences for the employees involved and substantial fines for the companies. 

Two recent cases again highlight the need to keep our eye on the health and safety ball.

Network Rail

Network Rail was fined £ 1.2 million following the death of serving employee Kevin Mauger, who was crushed while carrying out maintenance work. Kevin was crushed by a railway track weighing six tons while working at a rail depot in Hampshire.

A Health and Safety Executive (HSE) investigation found Network Rail failed to ensure there was a safe system of work while carrying out maintenance on its rail production line and failed to provide an adequate risk assessment for this type of maintenance.

Johnsons Textile Services Limited

A leading workwear company has been fined £400,000 after an employee had the skin ripped off the palm of her left hand.

On 16 December 2021, Sharon Chaplin was trying to manually clean a sensor to initiate the movement of a conveyor belt, but as she did so, her left hand was drawn into a gap where two conveyor belts meet.

The Health and Safety Executive (HSE) investigation found that Johnsons Textile Services Limited had inadequately guarded machinery, did not have a suitable and sufficient risk assessment for the machinery that caused the injury and had inadequate health and safety management systems in place.

By leading investigations and prosecuting companies like Network Rail and Johnsons Textiles, the Health and Safety Executive (HSE) is helping businesses understand their responsibilities and the steps they need to take to prevent tragedies like those of Kevin Mauger and Sharon Chaplin. The two cases highlighted above serve as sobering reminders of the catastrophic consequences that can occur when health and safety protocols are not followed.

What Can Businesses Learn From These Prosecutions?

The Importance of Safe Systems of Work

The Network Rail tragedy demonstrates the need for safe systems of work. Kevin Mauger’s tragic death could have been prevented with better isolation procedures. Regardless of the industry, ensuring a proper system is in place to manage risks, especially when dealing with machinery or equipment, is crucial.

Thorough Risk Assessment is Crucial

Both cases highlight inadequate risk assessments. A thorough risk assessment is more than a paperwork exercise. It’s an opportunity to review processes, identify potential dangers, and implement measures to mitigate risks. Network Rail and Johnsons Textile Services Limited failed in this regard, leading to life-changing consequences.

Machinery Guarding and Regular Checks

Johnsons Textile Services Limited’s case underscores the importance of adequately guarding machinery. Regular checks and maintenance of equipment and machinery are crucial, ensuring all parts work as they should and all guards or safety measures are effective.

Training and Awareness

Training and awareness may be one of the last things businesses think about. However, employees should be trained on their equipment, the risks associated with their jobs, and the protocols to manage those risks. They should also be aware of what to do if they identify a potential hazard. Regular refresher training can help keep safety at the forefront of employees’ minds.

Documentation and Procedures

As highlighted by the HSE inspector in the Network Rail case, the absence of written isolation procedures was a significant factor in the tragedy. Having clear, accessible, and up-to-date documentation ensures everyone knows the procedure and provides a reference point during audits or investigations.

Human Impact

Beyond the fines and legal consequences, it’s essential to remember the human impact of these tragedies. The devastating effects on families, as expressed by Rachael Mauger, serve as a stark reminder that health and safety protocols are not just about compliance but about real people and their lives.

The Cost of Non-Compliance

The fines imposed on both companies clearly signal that health and safety non-compliance has severe financial consequences, not to mention the reputational damage such incidents cause.

And Finally

While these prosecutions by the HSE are undoubtedly distressing, they provide businesses with essential lessons. Ensuring a safe working environment is not only a legal requirement but a moral duty. Investing time and resources into health and safety measures, training, and awareness can prevent such tragedies in the future. As always, the adage remains true: “It’s better to be safe than sorry.” And ‘Prevention is better than the cure.”

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