Summary
Duncan Farms Limited was fined £53,000 at Aberdeen Sheriff Court following an incident in October 2024 where a worker sustained serious nerve damage. The employee’s clothing became entangled in an egg collection conveyor belt during a cleaning operation. A Health and Safety Executive (HSE) investigation revealed that the company had failed to install fixed or interlocking guarding at dangerous “nip points” on the machinery, despite having risk assessments in place. The worker has since returned to his role, but it took several months to restore function to his injured arms.
Analysis
This case underscores the legal priority of engineering controls over administrative measures. While Duncan Farms Limited had provided training and guidance regarding close-fitting clothing, the HSE determined these were insufficient substitutes for physical barriers. Under the Provision and Use of Work Equipment Regulations 1998 (PUWER), employers have a non-negotiable duty to prevent access to moving parts. The prosecution emphasises that even if an employee fails to follow training—as in this instance by not stopping the machine before investigation—the employer remains liable if the machinery lacks fundamental safety guards. The substantial fine serves as a deterrent, highlighting that risk assessments are only effective if they result in the implementation of the highest level of protection available.