The failings came to light following a routine inspection of the Wembley-based business by the Health and Safety Executive (HSE) in October last year.
An HSE inspector found three machines – including a planetary mixer and a mochi making machine – where interlocking safety devices had been defeated and guards completely removed.
This wasn’t the first time the food company had run afoul of the HSE, having been issued prohibition notices in both 2016 and 2019 – identical guarding failings that were found at the inspection in October 2023.
Ignored enforcement actions
The manufacturer had not only failed to sustain improvements, but had effectively ignored HSE’s previous enforcement action by continuing to use these machines in an unsafe manner.
Prosecution was brought to Westminster Magistrate’s Court by HSE enforcement lawyer Arfaq Nabi and supported by HSE paralegal officer Imogen Isaac.
Oriental Delight (UK) Ltd pleaded guilty to three breaches of Regulation 11 (1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £150,000 and ordered pay costs of £3,020.
‘We will prosecute’
Following the hearing, HSE Inspector Marcus Pope said: “This case sends out a clear message to the food manufacturing industry that HSE will not hesitate to prosecute when inspectors find serious health and safety failings, particularly when previous enforcement and advice has been provided.”
“Once again we see how critical it is that all employers make sure they properly assess and apply effective control measures to minimise the risk from dangerous parts of machinery.”
Meanwhile, multi-national food manufacturer Kerry Ingredients has been fined £360,000 after one of its employees lost four fingers while at work.
The incident occurred on 4 August 2021 while a 39-year-old man employed at a Kerry site in Glasgow was attempting to unblock a machine used for mixing dry seasoning blends.
