Firm fined as worker in crush told he may lose his foot

A FORMER factory worker may need to have his foot and lower leg amputated as a result of a crush injury caused by the safety failures of his employers.

Magistrates were told that 51-year-old David Wain, from Holmewood, Bradford suffered serious injuries when a 1.5-tonne pallet of tin plates fell onto his right lower leg and foot when he was employed by Emballator UK Ltd at its factory in Tyersal, Bradford.

The incident, in February last year, was investigated by the Health and Safety Executive (HSE), which prosecuted the company after identifying safety failings.

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Bradford Magistrates’ Court heard that Mr Wain, a coating assistant at the plant, which manufactures tin cans, had been told to use an older machine to turn the bulk tin plate as a fault had developed on the usual, more modern, pallet turner.

He had no experience of using the older machine and a colleague gave him a demonstration.

Mr Wain used a forklift truck to pick up a pallet of plates, loaded the machine the way he had been told – wedging the load using empty pallets – and then switched it on.

Moments later, after the machine turned 180 degrees, he saw the plates and pallets moving. He tried to get out of the way but the full load of metal plates spilled out of the machine, trapping his foot.

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Part of Mr Wain’s big toe was severed and the sole of his foot was split. Surgeons managed to reattach the next two toes and he needed plates in his ankle and screws in his lower leg. He was in hospital for 11 days.

Mr Wain has been housebound since the incident and unable to walk without crutches. He was informed earlier this year that his foot and lower leg may need to be amputated.

Emballator UK Ltd pleaded guilty to breaching health and safety laws. The firm was fined £12,000 and ordered to pay £3,769 in costs.

After the hearing, HSE inspector Andrea Jones said: “Everyone has the right to come home from work safe and well. But David Wain suffered life-changing injuries in an incident that was preventable.

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“Emballator UK Ltd failed in their duties to provide a suitable machine for turning pallets and a safe method of operation that Mr Wain could use.

“Manually securing the load in an open box by means of wedges or empty pallets is not a sufficiently reliable method of securing the load.”