Untrained worker struck by disc cutter
The accident
In June 2017 MJL Contractors Ltd (M) was undertaking groundworks at a new building site near Bodmin, Cornwall. As part of the project a self-employed grounds worker, Morgan Prosser (P), was using a petrol disc cutter to trim reinforced concrete beams. Unfortunately the saw kicked up and cut into his arm, causing such a serious injury that it eventually had to be amputated. On investigation the HSE found that P had not been trained to use the petrol disc cutter, in fact he had no previous experience of undertaking the type of work he was asked to do. There was also no risk assessment, or safe system of work for the task of cutting reinforced concrete beams. The company was found guilty of breaching s.3(1) Health and Safety at Work etc. Act 1974 , fined £250,000 and ordered to pay costs of £100,000.
What are the rules?
The strictness of training requirements vary depending on the type of work equipment. For some, such as fork lift trucks and chainsaws, there are detailed minimum training standards to meet. These are set out in the HSE’s Approved Code of Practice (ACoP) and guidance for work equipment (see The next step ).
For the majority of items, including disc cutters, there are more generic requirements to follow. These are that adequate training must have been received including the risks of the work, the precautions to be taken and the methods which may be adopted when using the equipment.
Tip. As the HSE advises, for many everyday activities involving work equipment you can conduct in-house training. If you want to do so, check first for any specific rules in the ACoP and if there are none, use the manufacturer’s instructions and the background knowledge and skills of your staff and managers to devise a course.
Tip. Ensure that the individual providing the course really knows what they’re doing. If in doubt, find an external trainer.
Tip. Even where training is in-house, have a clear agenda and a test of knowledge and skill at the end. Keep records of what was covered, the date, names of attendees, details of the trainer and the outcome of the end of course assessment.
How to handle non-employees
Where you control the work activity, as M did, you’re responsible for ensuring that it is carried out safely even if those undertaking it are not directly employed by you.
Tip. Before taking on a new self-employed worker, check their experience and qualifications. Ask for copies of membership cards and certificates and retain these securely alongside their signed site safety induction sheet.
Tip. Whenever a new type of work is allocated, the site supervisor must check that the worker is competent and talk them through the written risk assessment and method statement. Work which relies heavily on the competence of the worker, should also be directly supervised until it’s evident that the work is being undertaken correctly.
For a link to the HSE’s work equipment Approved Code of Practice and guidance, visit https://www.tips-and-advice.co.uk , Download Zone, year 19, issue 15.
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