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Truffles Bakery Fined After Worker Suffers Finger Injury

As an employer, you cannot rely solely on the presence of a guard. You must make sure it works effectively, and people are not able to bypass it.

Truffles Bakery (Sussex):

  • Henfield, West Sussex – Truffles Bakers and Confectioners Limited has been fined £12,000 after an employee lost part of his finger in a workplace accident. The incident occurred on December 20, 2023, at the company’s production site in Henfield when 64-year-old Kevin Norman reached into a dough divider to remove a piece of stuck dough. His left index finger became trapped in a shear point within the machinery.

    An investigation by the Health and Safety Executive (HSE) revealed that while the machine had safety guards and interlocks, a tunnel guard over the conveyor was too short. This design flaw allowed Mr. Norman to reach through and access the dangerous parts of the machine while it was still operational.

    The HSE concluded that Truffles Bakers and Confectioners Limited failed to adequately prevent access to dangerous parts of machinery, a breach of Regulation 11(1) of The Provision and Use of Work Equipment Regulations 1998.

    At a hearing at Worthing Magistrates Court on April 14, 2025, the bakery pleaded guilty to the charge. In addition to the £12,000 fine, the company was also ordered to pay £3,045.65 in costs.

    Following the hearing, HSE Inspector Stephanie Hickford-Smith emphasised the importance of employers regularly reviewing and ensuring the effectiveness of machine guarding. “As an employer, you cannot rely solely on the presence of a guard. You must make sure it works effectively, and persons are not able to bypass it,” she stated.

    The HSE prosecution was led by HSE enforcement lawyer Samantha Tiger and supported by HSE paralegal officer Rebecca Withell.

General Information on Control of Risk and Prosecutions:

  • Legal Duty:  All employers in the UK have a legal duty to ensure the health, safety, and welfare of their employees and others who may be affected by their work activities. This includes identifying hazards, assessing risks, and implementing appropriate control measures.  
  • Risk Assessment:  A fundamental part of controlling risk is conducting thorough and regular risk assessments. This involves identifying potential hazards, evaluating the likelihood and severity of harm, and putting in place measures to eliminate or control those risks.  
  • Control Measures: Control measures can include a wide range of actions, such as:
    • Eliminating the hazard completely.
    • Substituting a less hazardous substance or process.
    • Engineering controls (e.g., machine guarding, ventilation).
    • Administrative controls (e.g., safe working procedures, training).  
    • Personal protective equipment (PPE) as a last resort.
  • HSE Enforcement: The HSE has various powers to ensure compliance with health and safety legislation, including:
    • Providing advice and guidance.
    • Carrying out inspections.
    • Issuing improvement notices or prohibition notices.
    • Bringing prosecutions in cases of serious breaches.
  • Sentencing Guidelines: The courts follow sentencing guidelines for health and safety offences, which take into account factors such as the culpability of the business, the level of harm risked, and the size of the organization. Fines can be substantial, and in cases of gross negligence leading to death, individuals can face imprisonment.
  • Importance for Small Businesses: While larger companies may have dedicated health and safety teams, it is equally crucial for small businesses to understand and comply with their legal obligations. Lack of resources is generally not accepted as a valid excuse for failing to manage risks effectively.

 

It’s essential for all businesses, regardless of size, to prioritise health and safety, conduct regular risk assessments, implement necessary control measures, and ensure that employees are properly trained and supervised to prevent accidents and avoid potential prosecutions

If you’d like guidance on meeting your legal obligations or support with risk assessments, control measures, or training, contact us today to speak with one of our health and safety specialists.