Apprenticeship Health and Safety Failures: £40k Fine After Preventable Table-Saw Injury

In HMA v 3B Construction Ltd, a construction firm has been fined £40,000 after it failed to comply with apprenticeship health and safety, leading to an 18-year-old worker severing their thumb. While medical professionals managed to reattach the digit, the individual has been left with partial functionality and discomfort during the winter.

While this case doesn’t directly relate to employment law, several employment law issues can arise as a result. For instance, if the circumstances leading to one’s injury amount to a fundamental breach of contract, the individual may be entitled to pursue a claim for constructive dismissal. Additionally, if the injury causes an impairment that meets the legal definition of a disability, and the individual suffers a detriment as a result, this could give rise to a claim of disability discrimination under the Equality Act 2010.

Below, we examine exactly what happened and outline the court’s judgment. We then discuss workplace health and safety regulations and rights before exploring the responsibility of both employees and employers. Finally, we set out instances that may lead to health and safety prosecutions and establish what those affected can do.

As such, if you have any employment law questions and want assistance, please contact Redmans Solicitors without delay. Our employment specialists are here to help, ready to answer your queries and discuss your possible options.

All you have to do to get started is:

• Give us a call on 020 3397 3603
• Request a callback via our online form

Apprenticeship Health and Safety Failing Leads to Serious Table Saw Injury

On 8 June 2021, after starting his apprenticeship with 3B Construction Limited six months earlier, Mr McGurk severed his thumb. The incident occurred while cutting plasterboard with a portable table saw during a renovation project to convert a 19th-century hunting lodge into a luxury hotel in the Highlands.

Notably, the saw was missing a key safety feature designed to prevent such accidents. The apprentice attempted to flick debris away from the rotating blade but came into contact with it, causing his injury.

Following the incident, Mr McGurk was rushed to Raigmore Hospital in Inverness, where he underwent surgery. Unfortunately, while his thumb was reattached by doctors, he only gained 70% functionality in it once he recovered. A spokesperson for the Health and Safety Executive (HSE) stated, “It is shorter than his other thumb, he can’t bend it fully, and it is permanently swollen. In winter, he suffers significant discomfort when the thumb becomes stiff and sore.”

Court Imposes Fine After Apprenticeship Health and Safety Breach

The HSE subsequently undertook an investigation, after which it found that 3B Construction had omitted to undertake an adequate risk assessment in the workplace. It also learned that the construction firm didn’t provide workplace training, nor ensure the saw’s proper functioning.

During proceedings at Tain Sheriff Court, the employer pleaded guilty to breaching its statutory duty to, so far as reasonably practicable, ensure the health, safety and welfare of all employees at work. It also acknowledged a failure to discharge this obligation. With the HSE’s investigation and the employer’s admission of guilt in mind, the court consequently fined 3B Construction Limited £40,000.

Your Rights Under Health and Safety Regulations

Following the apprenticeship health and safety failure, individuals may want to better understand their rights. In the UK, employees are entitled to a safe working environment. This right is largely established in the Health and Safety at Work etc. Act 1974. Section 2(1) states that an employer must, “so far as is reasonably practicable,” ensure the well-being of its employees. In practice, this means employers must take steps to identify and minimise risks where possible, and provide adequate workplace training.

Should an individual believe their working environment is unsafe, putting them in serious and imminent danger, they have the right to stop what they’re doing and leave the area without facing disciplinary action. Individuals in such circumstances can also raise their concerns with the HSE.

For young workers and apprentices, these protections are particularly important. Although the same protections apply throughout the workforce, young individuals can be especially vulnerable to harm, as they lack experience, training and risk awareness.

Health and Safety at Work: Employee Responsibility

It’s important to remember that while employers are legally obligated to protect staff welfare, employees maintain some responsibility. This includes taking reasonable care during work, following any training or instructions provided and using equipment properly with protective gear. Should an accident occur, this must be reported to management as quickly as possible.

If a worker fails to exercise reasonable care or misuses equipment, they may face disciplinary action. They also risk having any future compensation reduced if it’s determined that they contributed to their own injury. While this doesn’t remove the employer’s overarching responsibility, shared accountability can influence the outcome of any legal or insurance claim.

Apprenticeship Health and Safety: Employers’ Duty to Identify, Manage and Communicate Workplace Risks

On the employer side, it’s essential to understand that responsibility extends far beyond simply reacting to incidents. As the Health and Safety at Work Act establishes, employers must proactively manage risk. This involves identifying hazards through a risk assessment in the workplace, implementing appropriate measures and training staff on best practices.

A risk assessment example could involve identifying a cluttered walkway, where boxes are regularly left in high-traffic areas. This would create a clear trip hazard for employees moving through the space. After identifying said risk, the employer could implement stricter protocols, provide designated storage areas, and schedule regular checks. It might also assign responsibility to supervisors to ensure these measures are being followed.

To ensure the workforce comprehends the risk, the employer could post clear signage and include the issue in induction training. Regular reminders and spot checks would also help reinforce the importance of maintaining a safe space.

In the case of 3B Construction, the employer omitted to sufficiently train the apprentice, conduct a risk assessment and ensure the power tool had critical safety components fitted. Had it complied with its apprenticeship health and safety obligations, the Tain Sheriff Court concluded it was “likely that the accident would not have happened.” This would have avoided the employer’s legal liability and fine, and prevented Mr McGurk from suffering his injury—a vital lesson for other employers.

What to Do if You Believe Your Workplace is Unsafe

If an employee believes their working environment is unsafe, they must take the matter seriously and act promptly. Initially, they should raise the issue with their manager and, depending on the seriousness of the issue, consider stopping work until it’s sorted.

It’s advisable to document concerns in writing, particularly if they remain unresolved, and escalate the matter to a union representative or a designated health and safety advisor within the workplace. Taking these steps can help demonstrate that the employee acted responsibly and may serve as evidence of employer negligence if the issue leads to an incident and legal action is pursued.

Reporting an issue to the HSE is also advisable, as it can inspect workplaces and help prevent accidents. If an employer fails to fulfil its obligations, the HSE can also issue enforcement notices and, where necessary, bring or support health and safety prosecutions.

Crucially, an employee cannot be disciplined or dismissed for raising a health and safety concern. If they are, this could give rise to civil claims, including constructive dismissal. In such circumstances, it’s advisable to seek specialist employment advice to ensure an optimal outcome is reached.

If you’ve raised health and safety concerns and faced a resulting detriment or been the victim of disability discrimination following an accident, contact Redmans Solicitors today. As employment law specialists, we can assess your circumstances, answer your queries, and provide expert advice.

Learn how we could help you by:

• Phoning us on 020 3397 3603
• Requesting a callback via our online form