Story Highlight
– NHS Trust fined £40,000 for employee health risks.
– Employees developed serious hand-arm vibration-related conditions.
– Investigation revealed inadequate risk assessment and control.
– Affected employee reported loss of career and independence.
– HSE emphasizes serious consequences for safety regulation failures.
Full Story
An NHS Trust has faced a substantial fine of £40,000 following legal proceedings that exposed serious neglect regarding employee health and safety in relation to vibration exposure. Multiple staff members incurred severe, irreversible ailments linked to prolonged use of vibrating machinery, with significant implications on their day-to-day lives.
The Health and Safety Executive (HSE) initiated a thorough investigation into Chesterfield Royal Hospital NHS Foundation Trust in light of these alarming workplace health issues. The inquiry was prompted by reports of an employee suffering from Hand Arm Vibration Syndrome (HAVS)—a debilitating condition marked by persistent numbness, tingling sensations, diminished sensory perception, and a notable decline in manual dexterity.
Evidence gathered during the investigation revealed that the Trust had inadequately assessed the risks associated with tools that emitted harmful vibrations. Alarmingly, there was a complete absence of documented information regarding the levels of vibration to which employees were subjected during their duties. Additionally, the Trust failed to implement necessary measures to eliminate or at least significantly minimise these risks, contrary to established guidelines set forth by the HSE.
The investigation further disclosed that employees were not afforded comprehensive information, instruction, or training related to the potential dangers arising from prolonged vibration exposure. This lack of essential guidance left staff vulnerable and uninformed about the risks associated with their work.
In a particularly troubling revelation, it was found that two other employees had also been diagnosed with HAVS, alongside one employee who suffered from Carpal Tunnel Syndrome (CTS). The failure to report these cases underscores a disturbing pattern of negligence regarding staff welfare.
Among those affected, Sally Elliott, a long-serving member of the plaster-cast department with over 25 years of service, provided a harrowing account of her experience. Elliott, who remained unaware of the potential risks associated with the tools she frequently utilised, articulated her bewilderment at discovering that her health complications stemmed from her workplace environment.
“I never, for one minute, suspected that the issues I was experiencing were being caused by the tools I used in my workplace,” Elliott recounted. “I was never given any information on the risks of HAVS and I knew nothing about the potential symptoms.”
The impact of her condition culminated in a profound change in her quality of life. Elliott detailed that her symptoms had progressively intensified, encroaching upon both her professional responsibilities and her personal daily activities. “Every aspect of daily life is impacted due to the numbness, weakness, pins-and-needles in my fingers and hands. From getting up to going to bed anything that I need to do with my hands is affected,” she explained.
Elliott’s situation reached a critical point when she was diagnosed with advanced stage 3 HAVS, which rendered her incapable of continuing her role. Consequently, she has been unable to return to work since October 2023. Reflecting on her commitment to her job and the Trust, she lamented, “I gave my all to Chesterfield Royal Hospital and enjoyed my job. I took seriously my duty of care to patients, and I feel the Trust failed in their duty of care to me. I feel let down and I am suffering the consequences through no fault of my own.”
In the conclusion drawn by the HSE investigation, it became unequivocally clear that Chesterfield Royal Hospital NHS Foundation Trust had neglected their responsibilities. They failed to adequately analyse the risks associated with hand-arm vibration and did not put effective measures in place to reduce employee exposure. HSE guidelines assert that employers are obligated to eliminate risks or mitigate them to the lowest level feasible.
The Trust appeared at Chesterfield Magistrates’ Court, where they pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. Alongside the £40,000 fine, the Trust was ordered to cover prosecution costs amounting to £4,911.
Muir Finlay, an HSE Inspector, commented on the case, emphasising the gravity of the situation. “The fine imposed on the Trust should underline to all employers that expose their workers to vibration that the courts and HSE take failures to follow the regulations extremely seriously. HSE will not hesitate to take action against those that do not do all that they should to keep people safe and healthy at work.”
The prosecution was conducted by lawyers from the HSE, including enforcement specialist Samantha Crockett and paralegal Stephen Grabe, whose work highlighted the urgent need for compliance with health and safety regulations across organisations.
In light of this incident, the situation raises critical questions about the broader implications for employee safety within the NHS and how existing protocols can be improved to prevent similar occurrences in the future. The HSE continues to advocate for stringent adherence to safety guidelines, utilising this case as a pivotal reminder for healthcare institutions to prioritise the wellbeing of their employees.
For further information on health and safety legislation and guidance related to vibration exposure, the HSE provides a myriad of resources designed to foster safer working conditions within the healthcare sector and beyond.
Our Thoughts
Chesterfield Royal Hospital NHS Foundation Trust failed to adhere to critical UK health and safety regulations, specifically breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 by not conducting adequate risk assessments for hand-arm vibration exposure. To avoid the conditions developed by several employees, the Trust could have implemented regular monitoring of vibration levels from tools, provided appropriate training on risks associated with vibration, and established a system for reporting and reviewing health issues related to work conditions.
Key safety lessons include the necessity of thorough risk assessments and the importance of employee education on potential hazards. Additionally, measures should be taken to limit exposure to vibration as far as reasonably practicable, including using tools designed to minimize vibration or introducing work rotation to reduce continuous exposure.
To prevent similar incidents, organizations must prioritize compliance with HSE guidelines on hand-arm vibration and actively engage in worker health checks, ensuring that employees are informed about risks and symptoms associated with HAVS and CTS. Regular audits and employee feedback mechanisms may also enhance safety compliance.
