A rail infrastructure company has been fined £8,000 and ordered to pay £41,438 in costs following a breach of s2(1) of the Health and Safety at Work etc. Act 1974.

In May 2009 Keith Hawley, aged 64, was maneuvering a large piece of rail track when his right hand became trapped between the rail and a conveyor roller. As a result, he suffered various flesh wounds and a broken finger. Less than a year later, in March 2010, his left hand also became trapped while undertaking the same activity: causing one finger to be severely crushed and another to require amputation.

Nottingham Crown Court heard that a HSE Investigation had revealed that on both occasions the machine did not have a sufficient guarding system in place to protect workers. It was noted that the company was in the process of installing guarding at the time of the second incident. However, the HSE inspector stated at the hearing that they should have acted a lot quicker, particularly given that the company was a large organisation with significant resources.