A Fife skip hire firm has been fined £24,000 for health and safety failings which led to a labourer losing all the fingers from his left hand.
Barry Pae, 43, from Dunfermline suffered life-changing injuries while changing the blades on his employer WM Russell & Sons Ltd’s rapid granulator – a machine that extracts copper wire from its plastic coating – on April 9 2021.
The incident happened at the company’s premises at Lilliehill, just north of Dunfermline.
Dunfermline Sheriff Court heard Mr Pae still struggles with daily tasks and suffers from PTSD, insomnia and nightmares.
Prosecutor Blair Speed, of the health and safety investigations unit, told the court Mr Pae did not electrically isolate or unplug the machine before he started changing the blades.
He was using an allen key to loosen screws and his left hand slipped off the key and into the blade chamber.
WARNING – graphic images below
As he steadied himself with his right hand he accidentally pressed the start button, which caused a rotating drum to activate.
Mr Pae managed to catch the attention of another labourer who saw his colleague’s hand in the machine and his “very white” face.
The fiscal depute said: “The catastrophic nature of the injuries that he had sustained were obvious.”
Paramedics were called and Mr Pae was taken to Ninewells Hospital.
His left index, middle and ring fingers had been cut off and he suffered an open fracture to his left wrist, which needed a skin graft from his thigh.
Mr Pae was discharged from hospital two weeks later but needed further surgery to remove his little finger in December 2021 due to dead tissue.
In June last year further surgery treated carpal tunnel syndrome associated with his injuries.
The fiscal depute said Mr Pae suffers ongoing issues with pain management and mental health.
He has been left with little movement in his left wrist and only slight movement in his thumb and finds daily tasks a struggle.
He has been unable to work since the incident.
Conviction welcomed
The father-of-one welcomed the conviction in a statement via lawyers Digby Brown.
“There’s no two ways about it – this injury changed my life.
“I knew straight away the incident was bad – as soon as it happened I saw my fingers lying there in the machine.
“It was hard to comprehend that sight. I was just silenced with shock.
“I’ve been left unable to work, unable to live a normal independent life and unable to simply hold my partner’s hand again.
“No fine William Russell & Sons gets would ever be enough as it could never reflect the damage done to me and my family.
“But it is completely right the firm is held accountable for what happened – getting recognition has been important for me.
“I’d just like to thank three work pals who helped me on the day – they know who they are – and the NHS staff for their ongoing support and treatment however my recovery is still ongoing and I would like to request that my privacy is respected.”
Health and safety breaches
The family run business, currently employing 34 people, took the machine out of operation after the incident.
A HSE investigation established the interlock switch, which should have prevented the granulator from starting when another part of the machine (the hopper) was opened to get access to the blades, was full of debris.
Had the machine been properly maintained – weekly checks are recommended – it could not have started when Mr Pae accidentally pressed the button.
The court heard Mr Pae had not been shown any documentation relevant to operating the machine and was trained in its use by another labourer with no assessment of his competence.
Mr Speed said: “The underlying cause of the incident was that the company failed to provide a safe system of work.”
The company admitted a breach of the Health and Safety at Work Act 1974, in that they failed to keep Mr Pae safe at work between April 2 – when he was told he would be operating the machine – and April 9 2021, the date of the accident.
In particular the firm failed to provide a safe system of work for the task of removal and replacement of rotary blades on a rapid granulator machine by failing to keep its interlock safety devices in good repair and failing to provide proper training.
Company changes since accident
Counsel David Nicolson for the company – which had two directors in court for the hearing on Thursday – said: “The incident had a deep impact on the whole organisation and was taken extremely seriously at the highest level.
“Directors are absolutely determined it won’t happen again.”
Mr Nicolson stressed the debris in the machine built up over a “short period of time”.
External trainers have been brought in and another company has been instructed to draft health and safety policies and prepare risk assessments.
Mr Nicolson highlighted the business has been operating at a loss and turnover dropped during the pandemic.
He said accountants were of the view a “significant fine would potentially have fatal consequences for the business moving forward”.
He acknowledged the psychological impact on Mr Pae and said this will be dealt with in a civil claim in due course.
‘Calamitous series of events’
Sheriff Krista Johnston concluded the company “has a medium level of culpability” but the harm was “most grave and serious”.
She said what happened was “a result of a calamitous series of events culminating in Mr Pae pressing the start button to the machine by accident”.
The sheriff said she accepts the steps taken by the company to put into effect good health and safety procedures.
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