Company prosecuted after workers complains of suffering from Hand Arm Vibration Syndrome (HAVS)

Worker complains to the HSE after his employer continued to make him use vibrating tools despite him telling them of health problems  - 25th August 2008

 

An engineering firm based in Hampshire has been fined after a worker suffered industrial injury in the form of 'Hand Arm Vibration Syndrome' (HAVS) despite the workers pleas about his health and safety being affected by vibration.

The employee asked to be re-deployed from using vibrating tools for the sake of his health explaining to his employer his symptoms. His employer still used him predominantly on work requiring vibrating tools, which caused his condition to deteriate further, causing permanent injury to his hand, and preventing him from continuing working.

His employer Tews Engineering Limited pleaded guilty to Section 2(1) of the Health & Safety at Work etc Act 1974 which states that 'it shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees', and regulation 3(1) of The Management of Health & Safety at Work Regulations 1999 which states that 'every employer shall make a suitable and sufficient assessment of the risks to the health and safety of his employees to which they are exposed whilst they are at work.'

The worker suffered unnecessary injury at work resulting in permanent disability caused by his employer’s failure to look after his health and safety at work despite the problem being highlighted by the employee. The Health and Safety Executive (HSE) brought charges against his employers after the worker contacted them complaining of HAVS.

The HSE provides further information on the safe use of vibrating tools at http://www.hse.gov.uk/construction/healthyhandling/vibrate.htm.