Machine guarding failure leads to £633,300 fine at Tarmac plant
A national manufacturer of building materials was fined £633,300 after a worker’s legs were crushed between moving metal frames on a production line at its Linford, Essex plant. The incident occurred on 22 July 2022 when Richard Ogunleye entered a fenced area to clean and inspect frames, and a moving frame entered the zone, crushing his legs.
Under the Health and Safety at Work etc. Act 1974, employers must ensure that dangerous parts of machinery are effectively guarded. When this protection fails, the consequences can be life‑changing for employees and financially devastating for businesses.
The HSE investigation found that Tarmac Building Products Limited allowed an employee to enter a fenced area through an interlocked gate that did not stop the power on preceding sections of track. As a result, a moving frame entered the zone and crushed Ogunleye’s legs. The company also failed to act on several near‑misses and had not implemented additional control measures identified in an old risk assessment.
Key Findings from the Investigation
- The worker’s legs were crushed between one‑tonne metal frames moving on a production line.
- The hazard was unguarded machinery that could move when employees entered the danger zone.
- £633,300 fine plus £5,583 costs and a £2,000 victim surcharge.
- Chelmsford Magistrates’ Court – sentencing date 29 January 2026.
- Breach of Section 2(1) of the Health and Safety at Work etc. Act 1974.
Why This Matters to Employers
Employers are legally required to carry out a thorough risk assessment for any machinery that presents moving parts or other hazards. Section 2(1) of the HSA makes it a criminal offence to fail to provide safe systems of work, and courts can impose substantial fines and costs.
Inspector’s Comment
HSE Inspector Connor Stowers said:
“This was a serious and entirely avoidable incident, which has had profound consequences for Mr. Ogunleye, and were it not for the quick action of a fellow worker, the injuries he sustained could have been worse.
“Employers need to ensure that dangerous machinery is guarded effectively, and this goes beyond the initial installation. Employers should frequently monitor how effective their measures are and make changes as needed. Monitoring arrangements should include properly investigating near misses and previous incidents.
“In this case, had the previous near‑misses on the block production line at Tarmac Linford been fully investigated and sufficient action taken, this life‑changing injury would never have occurred.”
How to Protect Your Business
- Conduct a thorough risk assessment covering machine‑guarding hazards, including identification of moving parts, interlock functionality, and emergency stop procedures.
- Brief your team with regular toolbox talks on safe machinery operation, the importance of never bypassing interlocks, and how to report near‑misses promptly.
- Review and update your safety policies to reflect current regulations, including clear procedures for entering guarded zones and mandatory lock‑out/tag‑out practices.
- Install physical barriers or fail‑safe interlocks that automatically stop machinery when a gate is opened.
- Implement a robust near‑miss reporting system and act on findings before they develop into serious incidents.
Frequently Asked Questions
What constitutes a machine‑guarding failure?
A machine‑guarding failure occurs when an employee can access moving parts of equipment without effective physical or procedural safeguards, such as missing guards, faulty interlocks, or inadequate signage.
How much can HSE fines be for breaches of the Health and Safety at Work Act?
Fines vary depending on the severity of the breach, but companies can face penalties in the hundreds of thousands of pounds, as demonstrated by the £633,300 fine imposed on Tarmac Building Products.
Where can I find templates to help improve my risk assessments?
Free downloadable templates are available at the Health and Safety Zone’s risk assessment page, offering ready‑made formats that align with HSE guidance.