Car dealer fined £200k after employees exposed to vibrating tool risk

A franchised dealer has been fined more than £200,000 after two of its workers were diagnosed with hand arm vibration syndrome (HAVS).

The employees were diagnosed with the condition in 2022 following repeated exposure to vibration from working for Rowes Garage at its bodyshop in Truro.

They regularly used hand tools like random-orbital sanders and reciprocating saws for car body repairs.

Prolonged and regular exposure to vibration can affect a worker’s health resulting in painful and disabling disorders of the nerves, blood supply, joints and muscles of the hands and arms. These disorders are collectively known as HAVS and the risk of onset or worsening of it increases with daily exposure and varies widely between individuals.

One of the affected employees, who did not wish to be named, said: “It’s hard to say exactly how long I have had the symptoms for, but I think maybe about eight years.

“My fingers would go white and I’d lose feeling. This was particularly bad in damp or cold weather.

“I can say that over the years my symptoms seem to have got worse. The blanching has spread and I find it hard to pick up small items.”

The HSE investigation found that Rowes Garage, whcih was acquired by the nationwide Vertu Group in 2023, had not put in place adequate management arrangements to assess and monitor the exposure of its employees to vibration.

There was no suitable and sufficient risk assessment and control measures had not been implemented despite the likelihood of the exposure action value being exceeded.

Employees were not informed of the risk via information, instruction or training. Additionally, despite both employees reporting symptoms of ill health for a number of years, the company failed to take sufficient action to reduce their exposures.

Rowes Garage of Vertu House, Fifth Avenue Business Park, Gateshead, Tyne and Wear (since November 2023), pleaded guilty to breaching Section 2(1) of The Health and Safety at Work etc. Act 1974.

The company was fined £204,000 and ordered to pay £8,099 in costs at Plymouth Magistrates’ Court on May 8.

HSE inspector Emma O’Hara said: “Rowes Garage had been exposing employees to the risks arising from the use of vibrating tools for a significant period of time.

“They fell below expected standards which has been reflected in the fine that has been imposed. HAVS is a serious and disabling permanent condition and HSE will not hesitate to take action against employers that fall below the expected standard.”

The prosecution was brought by HSE enforcement lawyer Jonathan Bambro, and Paralegal Rebecca Forman.