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#1 Posted : 19 March 2008 13:42:00(UTC)
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Posted By D smith Hi guys Had a guy splash suds(mixture of oil and water) in his face on a cnc machine, he wore protective glasses but it went over the top of the eye protection into his eyes, his eyes reddened (visibly) and caused him pain so he had to take most of yesterday off unpaid, are our company liable in any way? do we have to pay him? thanks in advance
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#2 Posted : 19 March 2008 13:53:00(UTC)
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Posted By Ali You provided him with PPE and it is up to him to make sure he doesn't create a risk for himself through his actions / inactions (check s7 of the 1974 Act). There may be a case if he can show that he had taken reasonable precautions and that the PPE was inadequate. The payment side really depends on your insurance co. - it's up to them to decide, but they will also be looking at similar issues. Also,whose idea was the "suds" and was there an alternative ?
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#3 Posted : 19 March 2008 13:59:00(UTC)
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Posted By D smith no there is no alternative to suds this has to be used.
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#4 Posted : 19 March 2008 14:00:00(UTC)
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Posted By Brian Hagyard Difficult to comment on so little information, but PPE has to be suitable for the Hazard/Risk. Your posting makes it sound like safety glasses were being used. These would be unlikely to be suitable for liquid hazards because it is too easy for liquids to splash over the top. I would have anticipated goggles of full face shield depending on risk (COSHH) assessment. Brian
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#5 Posted : 19 March 2008 14:04:00(UTC)
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Posted By Ali ....wouldn't a spray bottle applicator have been less hazardous ? At least it is easier to direct (i.e away from the eyes).
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#6 Posted : 19 March 2008 14:05:00(UTC)
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Posted By Ali The Ins Co. would also want to look at the coshh assessment, in particular the "controls"
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#7 Posted : 19 March 2008 14:08:00(UTC)
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Posted By Mitch As pointed out is the PPE suitable for the task being carried out, I am assuming he was filling the reservoir, was this directly (as intended) or pouring over the suds bed as is normal practise. From your description of the reaction I would have thought a visit to the walk in centre, local A&E would have been in order. Mitch
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#8 Posted : 19 March 2008 14:22:00(UTC)
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Posted By Chris Packham Too little information to be specific, but a few thoughts: CNC machines normally are properly guarded, so it sounds as if either he did not have the splash guard in place or the accident occurred during setting or loading/unloading. If loading/unloading why could coolant flow not have been stopped? If setting, was the eye protection adequate? Remember that coolants generally contain sensitisers and are irritant. Thus if there is a risk of splashing into the eyes, then there is also a risk of contact with sensitive facial skin. So in my view as someone with a special interest in skin problems full facial protection should have been worn. If a normal production cycle how could this be done with the guards not in place. If he had circumvented the safety interlocks then he is culpable. If not, then you need to review the system. If appropriate first aid action was taken promptly, then there is a high probability that there will be no long term effect. However, coolant can contain minute metal particles (fines) and these could have caused permanent damage to the eye. Full medical examination is, in my view, essential and should be done immediately to ascertain if any significant damage and to start any remedial treatment. If you need more on this (and metalworking fluids are something of a special interest for me) give me a call on 01386 832 311 Chris
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#9 Posted : 19 March 2008 14:26:00(UTC)
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Posted By D smith he was cleaning the area with an airgun to measure the part, when the suds splashed up in his face
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#10 Posted : 19 March 2008 14:30:00(UTC)
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Posted By Mitch If this is an approved practise then safety glasses are not adequate PPE! Has this activity bees RA'd?
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#11 Posted : 19 March 2008 15:02:00(UTC)
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Posted By D smith yes been risk assessed says "Chemical Safety Glasses with side shields must be worn when decanting or splashes are likely to occur." (taken from safety data sheet) The glasses did have side shields and doesnt mention goggles.
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#12 Posted : 19 March 2008 15:06:00(UTC)
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Posted By Chris Packham Cleaning a component using an airgun will inevitably create aerosol. The velocity of air will ensure that the aerosol is spread widely. Safety glasses are simply not adequate for this as the aerosol will be inhalable and facial contact will be inevitable. This procedure should be stopped at once or suitable controle measures introduced immediately to eliminate the possibility of facial/eye/inhalation exposure. Chris
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#13 Posted : 19 March 2008 15:11:00(UTC)
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Posted By D smith If anybody could give me some ideas onwhat Chris Packham has said i would be very grateful, but find it hard to believe it can be done in any other way, were talking about minuscule tolerances here so the part has to be spotless when measured.
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#14 Posted : 19 March 2008 15:12:00(UTC)
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Posted By The toecap This gives an indication that the RA needs reviewing. Perhaps, a face sheild is required.
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#15 Posted : 19 March 2008 15:15:00(UTC)
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Posted By Mitch What Chris is saying is, "This procedure should be stopped at once or suitable control measures introduced immediately to eliminate the possibility of facial/eye/inhalation exposure." You are not assessing drops or splashes but airborne mist which will can get in to the body via the skin, eyes or inhalation. The best control measure for this would be to introduce mechanical cleaning of the parts prior to measuring i.e a dry cloth! Mitch
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#16 Posted : 19 March 2008 15:33:00(UTC)
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Posted By Chris Packham Actually, there are two ways of using an air gun that would adequately control exposure. The first is an air gun that creates an "air shield" in the form of a cone of air ejected from an annular nozzle on the gun. Used within a small booth I have been able to set up a system for a client where there was no aerosol in the general workplace environment. The second is an airgun that uses a venturi system to actually create a vacuum. This acts like a miniature vacuum cleaner and sucks the coolant away either back into the coolant tank on the machine or into a suitable container. Other alternatives are, of course, also possible. Chris
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#17 Posted : 19 March 2008 15:43:00(UTC)
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Posted By holmezy Mr Smith, I spent many a happy day operating a cnc lathe in my murky past and would suggest that your chap didnt do anything that thousands of cnc operators do every day. The problems are that by using an air gun to blow away the coolant, then you are in danger, as Mr Packham said, of creating an aerosol which could be inhaled and cause lung function problems, or could contact with the facial skin and cause contact dermititis. Both these conditions could lead to sensitisation, ie an "allergic" reaction to contact with not only the oils found in the coolant, but also other oils or substances. So, using compressed air is not a good way of cleaning the component prior to measuring. If it has to be done then at least reduce the air pressure so that it moves most of the coolant, then wipe with an absorbent cloth which should be disposed of daily. The very nature of hi-speed machining and use of coolant, sometimes at hi pressure, will cause a certain amount of aerosol due to the cutting process and droplets being flung to the outer guards or compound etc and normally its not a problem. You should make the operators aware of any hazards and tell him to report any symptoms. The condition of the coolant also has an effect, if its old and smelly or of the wrong concentration, other skin problems could occur. It will also not have the full effect on the cutting and cooling procees so will lead to excessive tool wear and poor surface finish. Regular use of a refractometer and regular coolant changes are required. If you consider that there is a significant risk of coolant entering the eyes under normal conditions then issue him with a visor to use when he is cleaning down, otherwise safety specs should be adequate even though he should be protected from ejected particles by the machine guards which fully enclose the machine. If its a modified lathe with cnc cpability added then either further guarding is required or safety specs always. As for paying him when he's off, well thats down to your company policy regarding accidents at work. Your insurance company only need to get involved if there is a subsequent claim. Chris is absolutely correct in what he says, and is an expert in his field, however, and no dis-respect intended, follow his lead and every machine operator would be dressed like Darth Vader, complete with built in RPE. So, unless the operator is showing signs of dermitits or skin problems, make sure they wear safety specs, the vast majority will be OK. If they do show signs of dermitis etc then they may need to be treated different. Thats what I'd do........... Holmezy
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#18 Posted : 19 March 2008 16:01:00(UTC)
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Posted By Chris Packham Holmezy I don't think my clients would be impressed if I were to insist that all their operators wore Darth Vader suits! I hope that that was not what I appeared to be recommending. In fact, for me any PPE is strictly a last resort. I know how difficult it is to ensure that it really works. For example, probably around 80% of all the gloves that I come across when conducting dermal exposure management audits are unsuitable and not protecting the operator. As you say, there are simple methods that can be used to protect the operator, or rather, to ensure that the operator is not exposed. Correct guarding and interlocks, appropriate coolant flow rates, proper coolant management systems, etc. (Back in 1979, before I became involved in skin I was very much involved in machine tools, in particular metal spinning, flow and shear forming techniques, so metalworking fluid was something I dealt with every day.) Chris
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#19 Posted : 19 March 2008 16:07:00(UTC)
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Posted By Ron Hunter I take the original question to be "do we have to pay him". That is entirely dependent on the contract of employment. Is the organisational liable? The Courts will decide that on the basis of all the evidence - which we don't have.
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#20 Posted : 19 March 2008 16:09:00(UTC)
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Posted By holmezy Chris, as I said, (definitely) no offence meant!! May the force be with you! now put the light tubes down and get back to work!! Holmezy Had a bad day, so looking forward to a beer!!
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#21 Posted : 19 March 2008 16:16:00(UTC)
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Posted By D smith Thanks all your answers have been very helpful, would an accident investigation need to be done on this?
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#22 Posted : 19 March 2008 16:17:00(UTC)
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Posted By David Bannister Back to the original question: your employee was harmed by his work: there is almost certainly liability unless you can demonstrate that you did all that was reasonably practicable. The other responses here seem to indicate that you did not. Should you pay him? If he has lost income as a result of this incident then he has an additional incentive to make a claim. If you ensure he does not lose financially then he has less to claim for (pain & suffering only) and may therefore not bother. It all depends on the claim culture in your organisation. Would you pay him if he had a heart attack?
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#23 Posted : 19 March 2008 16:19:00(UTC)
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Posted By David Bannister Yes to an investigation. You need to know the facts of what happened and whether this scenario was identified in your original risk assessment. If it was, your conclusion and controls may need to be amended. If not then it needs to be done now, with suitable controls implemented.
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#24 Posted : 19 March 2008 16:24:00(UTC)
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Posted By Mitch Pay him and take him down the hospital, as Chris has pointed out there may be residual/further damage regardless of metal particulates when was the last change of suds and do you monitor it?
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#25 Posted : 19 March 2008 16:25:00(UTC)
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Posted By Chris Packham I come back to my earlier comment. Is the eye damage serious? If it is just a short term redness and pain, with no long term effect, then yes, you would almost certainly be liable (provided he had not circumvented and of your protective measures), but the compensation would be very small. However, how do you know if there are any long term consequences for him from what happened? This is where I would want to involve an occupational physician, who might, himself, wish to refer to a consultant opthalmologist, to: a) check whether there are any long term implications, and b) ensure that, if appropriate, the right treatment is given. If you are liable, then you will at least have shown that you have taken all practicable steps to minimise the consequences. If not, then just consider what happened to Photo-Me! Chris
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#26 Posted : 19 March 2008 16:41:00(UTC)
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Posted By Jonathan Breeze In case you're not familiar with the details of the case Chris refers to, there is a summary here: http://www.hse.gov.uk/press/2006/gnn141783p.htm
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#27 Posted : 19 March 2008 16:58:00(UTC)
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Posted By Alan Nicholls From the original post, He splashed suds in his eye. No mention of guards etc, if he was cleaning a component with a blow down gun the machinery was stopped,no guard required, the process could be milling drilling or boreing, therefore suds can collect in holes or voids in components. Short of removing the work piece tipping and turning it to remove suds, an air line is the only easy reduced pressure of course 30psi with nozzle breaks. The operator may not have been aware of the impending consequences at the time he operated the air gun. I hope he was treated promptly. An accident, an unplanned unwanted occurrence. Just had to deal with similar problem. Fill out an accident form,investigate,record your findings then work out how to stop it happening again if you can. Contractor or full employee I would show good will and pay the guy. MY CHOICE. Good luck Alan N
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