Worker is dragged through machine gap the width of a CD - and lives

A FACTORY worker who miraculously survived being pulled through a gap in machinery no wider than a CD case said his life had “changed forever” as two companies were ordered to pay out a total of £115,000 for the health and safety breaches that led to his accident.

Matthew Lowe sustained horrific injuries when he was dragged through a machine for processing heavy steel beams at the Compass Engineering factory in Barugh Green, Barnsley, in December 2008.

Mr Lowe, now 25, ruptured his stomach and bowel, broke his back in two places, shattered his pelvis and fractured both hips, his right arm and several ribs when everything except his head was dragged through the five-inch gap.

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At Sheffield Crown Court yesterday, his employer Compass Engineering and the German company who supplied the machine, Kaltenbach Ltd, were together fined £75,000 plus costs of £40,000 for their parts in the “very foreseeable” accident.

Judge Robert Moore said there was an “inadequate design with inadequate guarding” on the machine.

He added: “This was a very foreseeable accident and it was only a matter of time before it, or something like it, occurred.”

The judge said some of the safety features on the £300,000 piece of machinery “could be regarded as the equivalent of a chocolate fireguard” and added that the health and safety breaches were not politically correct or over-fussy, but “sustained and obvious”.

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Both companies had previously admitted one charge each of breaching the Health and Safety at Work Act 1974 at Barnsley Magistrates’ Court.

Following the sentencing yesterday, father of one Mr Lowe said: “What matters most is that the industry learns from my experience.

“My life has changed forever and, no matter how well I recover from my physical injuries, I will still have the psychological impact of the accident hanging over me.

“I hope my case highlights the dangers posed by not following health and safety regulations.

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“It still won’t be able to put my life back to how it was before the accident but at least then it might prevent others from suffering in the future.

“Too many people are needlessly killed and injured in accidents at work.

“If hearing my story makes them think twice about safety and about the daily risks they face in the workplace, then I’ll be happy..”

When the accident occurred, Mr Lowe was still learning how to use the piece of machinery, on which he had been working for only a matter of days.

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After surviving the ordeal, he went back to work at Compass Engineering in a different role.

A Health and Safety Executive (HSE) investigation revealed there was no guard in place to protect the worker from dangerous moving parts on the computer-operated machine, which was the size of several tennis courts.

Prosecuting, Samuel Green told the court: “If the guarding had been installed the accident would not have happened. Such guarding is now in place.”

The court was told that in March 2000 an Improvement Notice was served on Compass by the HSE relating to a previous machine and inadequate guarding.

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Mr Green added: “The prosecution say by failing to take the most basic and elementary precautions to erect a fence... Compass exposed its employees to a foreseeable risk of serious injury.”

The court was told Compass Engineering was at fault as it failed to put in place a guard, but Kaltenbach Ltd was culpable as it “signed off” the machinery without ensuring the basic safety requirements were adhered to.

Compass Engineering was fined £45,000 and ordered to pay £24,000 in costs.

Kaltenbach, meanwhile, was fined £30,000 with costs of £16,000.

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After the hearing, HSE inspector Chris Chambers said: “It still amazes me that Matthew is here to tell the tale of the trauma he endured back in December 2008.

“His survival is quite remarkable, but that shouldn’t detract from the fact his life could easily have been lost because Compass Engineering and Kaltenbach ultimately failed to protect him when it mattered most.”