Machine learnings

In the past couple of months, the Health and Safety Executive (HSE) has notably prosecuted not one but two cases involving accidents relating to ride-on lawnmowers. Whilst at first this may not seem relevant to your business; these cases highlight fundamental legal duties that apply to all employers where work equipment or machinery is used.

The two recent prosecutions

Both prosecutions arose from failures to effectively identify, assess and control risks associated with work equipment and the work environment.

In case one, a district council was fined £50,000 plus fees after a worker fell over two metres in height. This resulted in serious injury, after the ride-on lawnmower overturned whilst in use and the employee and the machinery dropped from a retaining wall onto a pavement below.

In this incident, the HSE determined that the employer had failed to carry out a suitable and sufficient risk assessment as required under the Management of Health and Safety at Work Regulations 1999 (MHSWR 1999). The Judge found that the employers were culpable as they had fallen short of industry standards.

Specifically, the employer had not carried out a suitable or sufficient risk assessment for employees operating ride-on mowers on slopes and banks. Nor had they provided adequate training for employees. In this case it was also found that no measures had been put in place to prevent a fall from height.

In the second case, the employee was sadly killed when the ride-on lawnmower being operated, overturned into a village pond. In this instance, the grounds maintenance company was found liable for not carrying out a site-specific risk assessment.

During the investigation it was also uncovered that the critical safety measure of a Roll-over Protection System (ROPS) had been removed at some point prior to the work taking place.

Not just lawn mowers

Both accidents breached the Health and Safety at Work etc. Act 1974 and associated regulations governing the management of health and safety and the provision and use of work equipment. If your business also uses machinery, there are key take away lessons to ensure your business is meeting the HSWA to keep your staff and business safe.

Learning from past mistakes

If your business is operating machinery, then here are some keyways to keep your workers safe from harm.

• Carry out a risk assessment. Employers must carry out suitable and sufficient risk assessments under the Management of Health and Safety at Work Regulations 1999. Where machinery is mobile or used at multiple locations, assessments must be site‑specific and reviewed as conditions change.
• Training. All staff should be adequately trained and provided with instruction to ensure safe operating procedures and proper use of the machinery. This also includes any risks associated with the machinery.
• Maintenance. Machinery must be regularly inspected and maintained to ensure it is safe to use and is working properly. This would also include checking for any defects that may affect its proper use.
• Safeguards. Machinery may require safeguarding measures such as fixed guards to prevent access to dangerous parts. Safety features must be in place and not removed, as in the case of the ROPS. We often see this as a factor in HSE prosecutions.
• Emergency protocols. Staff must be aware of how to respond to potential accidents and emergencies. Employers must ensure that employees are aware of safety procedures.

Next steps

If your business uses machinery and wants to ensure all safety measures are being followed to keep your workers healthy and safe, reach out to us today. The Health & Safety Dept are here to discuss how we can help you.

Our team of experts are on hand to carry out risk assessments, create policies and procedures and provide training for staff. The Health & Safety Dept are here so that you know your business is doing all it can to be compliant with health and safety law and to keep your staff safe. Health and Safety is our bread and butter, contact us today to get started.