18/01/2021
Swiss food multinational Nestlé has been fined £640,000 after an employee was pulled through a gap on a production line.
On 13 February 2016, a technical operator was monitoring a conveyor belt used in the manufacture of After Eight mints at the firm’s factory in Halifax, west Yorkshire. He was holding an emery cloth and placed his hand close to a gap in the machine housing. The cloth was dragged into the machine, taking his arm with it.
The employee was unable to reach any of the emergency stop buttons located around the machine from the position in which he was trapped. A colleague heard him call out but could not see him until he walked towards the line. He then hit an e-stop.
Bradford Crown Court was told the injured worker, who had worked for the firm for three years, was released by paramedics. He suffered a double compound fracture of his right ulna and radius and underwent surgery and the fractures were reduced with pins and plates. He returned to work after four months. Almost four years after the accident he continues to suffer from residual weakness in his right arm, which is heavily scarred.
Health and Safety Executive (HSE) investigators found that Nestlé had failed to prevent access to dangerous moving parts of the machine, namely an ‘in-running nip’. The gap was large enough to allow access at the belt conveyor entry.
Nestlé UK admitted breaching regulation 11 of the Provision and Use of Work Equipment Regulations. In considering the level of fine, the judge assessed the culpability and likelihood of harm as medium. For a large organisation such as Nestlé, this meant the starting point for the fine would be £300,000 with a range of £130,000 to £750,000.
With an annual turnover of approximately £1.6 billion, Nestlé is considered a very large organisation within the meaning of the Sentencing Guideline. Therefore the judge applied a significant uplift to £500,000 to reflect this.