Metal Processing Ltd was prosecuted at West Hampshire Magistrates’ Court last week (April 16) following the incident at its Northam site in January 2014, as well as a separate incident involving a worker who suffered lead poisoning.
The Court heard how Ivan Menendez, who had worked for seven months as an operative for the firm at the time of the incident, was cutting metal strips on top of the baler when his hands became caught in the shear point.
The Spanish-born employee, then 38, had both hands severed at the wrists when the hydraulic-powered baler lid – with a maximum shear force of 76 tonnes – lowered and met the corner of the baler.
He was taken to Southampton General Hospital and later transferred to Salisbury where surgeons successfully reattached both hands.
Mr Menendez, who has since returned home to Spain, will need further treatment but will never regain full use of his hands.
The Health & Safety Executive (HSE) served an immediate enforcement notice on Metal Processing Ltd after the incident stopping anymore hand-feeding of the metal for shearing on the baler by the workforce.
In its investigation, the court heard Mr Menendez and a co-worker operated the baler between them to cut strips on the shear point – but the system used was ‘fundamentally flawed’ despite regular use.
Crucially, there was no direct line of sight between the operator who closed the baler lid and the hands of the worker loading the metal strips.
‘Routine’
The work had been a ‘routine task’ at the recycling plant, HSE said, but although Mr Menendez had been given a practical demonstration and supervision, he had not seen or read the operating manual which stipulates the baling machine should be operated by one employee.
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The firm was also unable to produce evidence it had carried out a proper assessment of the risks involved in the use of the baler for cutting metal strips.
After the hearing, HSE inspector Michael Baxter said: “This was a horrific incident which has resulted in lifelong debilitating injuries for Mr Menendez. It has been understandably devastating for him and his family.
“The immediate cause was an inherently unsafe system of work, which was contrary to the manufacturer’s operating instructions and the safety instructions on the machine.
A Metal Processing Ltd spokesman told letsrecycle.com: “This was a very unfortunate, nasty accident. We hope the healing process is quick and the injured party makes a speedy recovery.
“It’s something you don’t plan for in your work but sometimes these things come along. We have changed our whole health and safety policy and processes to ensure this doesn’t happen again.”
Lead poisoning
In addition to Mr Menendez’s injury, Metal Processing Ltd was also prosecuted for a separate issue in February 2014, in which a 24-year-old worker was diagnosed with lead poisoning after spending two days cutting up a section of lead boat ballast.
The worker, from Southampton, was treated over a period of several weeks and later resigned from the company.
Mr Baxter added: “When working with lead employers must ensure that they and their employees have fully understood the requirements of the Control of Lead at Work Regulations and the control measures necessary to avoid contamination.”
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