The Magistrates' Court heard that the worker was cleaning a machine consisting of three tanks which tipped food into each other. To clean the machine properly, operatives needed to stand on the frame of the machine to reach some of the parts.
The operative was injured as they reached up and then lost their footing and so fell into one of the 1.5 metre deep tanks. This resulted in the operative losing consciousness. The operative was rescued by colleagues who heard them shout as they fell.
The injured operative was subsequently off work for five weeks and reported suffering from severe headaches and pains in her neck and back, for which they had to take pain killers.
The Company was fined £3,500 and ordered to pay costs of £2,091 after pleading guilty to breaching section 2 (1) of the Health and Safety at Work etc Act 1974.
The HSE Inspector said:
"No-one at the Company realised that climbing was involved cleaning this machine. A risk assessment should have been carried out and an examination of how work at height was being undertaken.
"The company has now introduced a system of cleaning using long-handled brushes, which goes to show how simple it can be to prevent this incident in the first place.
"This case highlights the need for employers to be aware of what goes on during the night shift. All staff have a right to the same standard of care irrespective of their working hours."
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