news article

Fatal incident highlights the importance of site safety

16 Jan 2024 | Technical News

The owner of a landscape business (but not a member of the Association) has been handed a suspended prison sentence after a labourer was killed on-site by an angle grinder injury.

The labourer was cutting railway sleepers using an angle grinder fitted with a toothed circular saw blade. The guard on the angle grinder had been removed to accommodate the circular saw blade.  

As the photograph below shows, the railway sleeper had been placed in a skip, unsecured, on top of other debris to raise the sleeper to a more convenient cutting height, and probably also prevent the spinning blade from striking a hard surface when in operation.  This had the effect of placing the cutting operation at the same height as the operative’s groin.

While attempting to cut the sleeper, the tool kicked back under power into the worker’s groin causing him to sustain a serious, fatal laceration.

HSE

Removing the abrasive wheel and fitting a circular saw blade created a dangerous machine, which is a practice prohibited by manufacturers of angle grinders.

A circular saw blade fitted to an angle grinder is particularly difficult to use, since there is no way of controlling how deep the blade will penetrate the item being cut. The blade is also likely to cause the tool to twist in use, as well as kickback towards the operator if it becomes jammed in material being cut. Kickback occurred in this case. 

An investigation by the Health and Safety Executive (HSE) following the incident concluded the business owner failed to ensure work equipment was used only for operations for which it was suitable.

People or companies who own, operate or have control over work equipment have duties under the Provision and Use of Work Equipment Regulations 1998 (PUWER). PUWER places duties on people and companies who own, operate, or have control over work equipment, as well as businesses and organisations whose employees use work equipment, whether owned by them or not.

The term ‘work equipment’ is very broad, and includes any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not). This includes equipment which employees provide for their own use at work.

PUWER requires work equipment to be:

  • suitable for the intended use
  • safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate
  • used only by people who have received adequate information, instruction and training
  • accompanied by suitable health and safety measures, such as protective devices and controls. These will normally include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices
  • used in accordance with specific requirements, for mobile work equipment and power presses

PUWER has a particularly broad remit, but the landscape industry should be mindful of the following areas of the regulation:

  • ensure work equipment is only used for suitable purposes
  • ensure work equipment is maintained in an efficient state, in efficient working order and in good repair
  • where a machine has a maintenance log, keep this up to date
  • where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the risk to health and safety is managed
  • ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear health and safety information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings
  • ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take

Further reading

HSE webpage: Provision and Use of Work Equipment Regulations 1998 (PUWER)

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