MACHINERY - 14.02.2024

Landscaper sentenced after worker dies

An inexperienced worker was killed when a moving circular saw kicked back into his groin. What were the chain of events leading to the accident and how can you avoid a similar incident in your workplace?

A tragic event

The labourer, who had been working for Watford-based gardener Mr Fernando Araujo (A) for just two days, was killed at a house in Rickmansworth in August 2021. The 31 year old had been assisting with the installation of railway sleepers along the edge of a driveway.

The sleeper had been placed on a skip and was not secured whilst being cut. While attempting to cut it, the tool kicked back under power into the worker’s groin causing him to sustain a serious, fatal laceration.

At the time of the incident he was using an angle grinder fitted with a toothed circular saw blade to cut the wooden sleepers. The guard had also been removed as the circular saw blade fitted was larger than the original grinder disc on the power tool.

Catastrophic failures

An investigation by the HSE found that A failed to ensure that work equipment was used only for operations and conditions for which it was suitable. Changing the use of an abrasive wheel to the fitting of a circular saw blade meant a dangerous machine was created.

There was also poor preparation for creating a safe working environment as the sleeper had not been secured whilst being cut.

In the dock

A pleaded guilty to breaching Regulation 4(3) Provision and Use of Work Equipment Regulations 1998 (PUWER) and s.33(1)(C) Health and Safety at Work etc. Act 1974 . He was sentenced to six months in prison, suspended for two years, ordered to complete 200 hours of unpaid work and pay £3,467.72 in costs.

Using equipment safely

PUWER place duties on people and companies who own, operate or have control over work equipment. They require that equipment provided for use at work is:

suitable for the intended use
safe for use, maintained and inspected
used only by people who have received adequate information, instruction and training
accompanied by suitable health and safety measures, including guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings, etc.

Note. Some work equipment is subject to other health and safety legislation in addition to PUWER . For example, lifting equipment, pressure systems and personal protective equipment have specific regulations which must be adhered to.

Hazards and risks

Although power and hand tools are used in a wide range of workplace locations, it exposes employees (and others nearby) to risks. The main hazards from power tool operations include electrocution, fire and explosion and compressed air. In this case the risk was increased by poor preparation and incorrect use of the equipment. Tip. Use our Work Equipment - Risk Assessment and Safe System of Work - Power Tools to formalise how the tool should be used and our Safety Briefing - Power and Hand Tools to minimise the chances of an injury or incident occurring (see The next step ).

For our Work Equipment - Risk Assessment and Safe System of Work - Power Tools and Safety Briefing - Power and Hand Tools, visit https://www.tips-and-advice.co.uk , Download Zone, year 22 issue 11.

Altering equipment and using it in a way it is not designed for led to a tragic accident. Check all tools before use to make sure they have not been amended in any way, only allow trained staff to use them and supervise the activity.