Rotherham Firm Fined £140,000 After Apprentice's Thumb Crushed — What PUWER Means for You

A Rotherham metal fabrication company was fined £140,000 today after a 17-year-old apprentice had his thumb crushed in a metal-cutting guillotine — and the company failed to identify the risk even after the accident happened.

MTL Advanced Ltd was prosecuted by the Health and Safety Executive (HSE) under PUWER Regulation 11(1): the legal duty to guard dangerous parts of machinery. The case is a stark reminder that PUWER applies to every employer who operates machinery — and that the penalties for getting it wrong are severe.

This post breaks down exactly what happened, what PUWER requires, and the practical steps you need to take if you employ workers — especially apprentices — near any kind of machinery.

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What Happened at MTL Advanced?

MTL Advanced Ltd operates a metal fabrication facility in Rotherham. On the day of the incident, a 17-year-old apprentice was working in the company's dedicated apprentice training workshop — a space specifically set up to teach young workers how to use industrial equipment.

The apprentice was operating a metal-cutting guillotine when his thumb was crushed by the machine. The cause: a large gap in the guillotine bed that allowed access to dangerous, moving parts. That gap should have been guarded.

What makes this case particularly damning for the company is what happened next. After the incident, HSE served a Prohibition Notice — remotely, based on the initial report. When inspectors then attended the site in person, they found further safety failings beyond the original injury.

In other words: MTL Advanced had a chance to identify and fix the risk after a worker was hurt, and they still missed it.

The outcome:

• Fine: £140,000
• Costs: £5,013
• Victim surcharge: £2,000
• Total: £147,013
• Breach: PUWER Regulation 11(1)

The HSE published the prosecution on press.hse.gov.uk on 30 March 2026.

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What Is PUWER and Who Does It Apply To?

PUWER stands for the Provision and Use of Work Equipment Regulations 1998. Despite the date, it remains fully in force and is actively enforced across all industries.

PUWER applies to any employer who provides, or allows the use of, work equipment in the course of business. "Work equipment" is defined broadly — it includes:

• Machinery (lathes, presses, guillotines, saws, drills)
• Vehicles
• Hand tools
• Lifting equipment
• Any device, appliance, or installation used at work

If you have employees using any of these, PUWER applies to you.

Regulation 11 — Dangerous Parts of Machinery

Regulation 11 is the most commonly cited provision in HSE machinery prosecutions. It states:

Every employer shall ensure that measures are taken which are effective to prevent access to any dangerous part of machinery or to any rotating stock-bar, or to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone.

In plain English: if a machine can hurt someone, you must guard it so they can't access the dangerous part while it's moving.

The hierarchy of protective measures under Reg 11 is:

1. Fixed guards (preferred)
2. Other guards or protection devices
3. Protection appliances (jigs, holders, push sticks)
4. Information, instruction, training and supervision

Guards are the primary control. Training alone is not enough — and in the MTL case, the fact that the incident occurred in a training workshop makes this point even clearer.

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Why Apprentices and Young Workers Are a Higher-Risk Category

The MTL case involves a 17-year-old apprentice. This is not a coincidence — young and inexperienced workers are statistically more likely to be injured when working near machinery, and the law reflects this.

Under the Management of Health and Safety at Work Regulations 1999, employers must carry out a specific risk assessment for young persons before they start work. This assessment must consider:

• Inexperience — young workers may not recognise hazards that experienced workers take for granted
• Physical immaturity — smaller hands and different body proportions can create unexpected risks with standard guards
• Lack of risk perception — research consistently shows young workers underestimate machinery risk

The Health and Safety (Young Persons) Regulations add further requirements: young workers under 18 are prohibited from operating certain categories of machinery unless specific safety measures are in place and they are adequately supervised.

If you take on apprentices — even in a formal training environment, as MTL did — you have a heightened duty of care. A dedicated apprentice training workshop does not reduce that duty. It may increase it.

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The Post-Incident Failure: A Lesson in What Not to Do

Most employers, when something goes wrong, go into damage-control mode. But the MTL case shows that post-incident behaviour matters legally.

HSE served a Prohibition Notice remotely — based on information from the incident report — before they had even set foot on the premises. When they did attend, they found additional failings, including live electrical parts that should have been guarded.

This means MTL Advanced had two opportunities to identify the risk:

1. Before the incident — during their routine PUWER assessment
2. After the incident — when reviewing what went wrong

They missed both.

The practical lesson for employers: if you have an accident involving machinery, treat it as a trigger for a full PUWER audit across your site. Don't wait for HSE to find the next problem. They will look for it.

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Is Your Business PUWER Compliant? A Quick Self-Assessment

Run through this checklist. If you can't answer "yes" to every question, you have a gap that needs addressing.

Guarding:

• Are all dangerous parts of your machinery guarded to prevent access during operation?
• Are guards fixed, interlocked, or adjusted — not improvised?
• Are there any gaps, bypasses, or workarounds to guards that workers use to "speed things up"?

Risk Assessment:

• Do you have a written PUWER risk assessment for every piece of work equipment?
• Has each assessment been reviewed in the last 12 months, or after any modification to the equipment?
• If you employ young workers or apprentices, have you completed a separate young persons risk assessment?

Training and Supervision:

• Can you evidence that every operator has received formal training on each machine they use?
• Are apprentices and new starters supervised until they are assessed as competent?
• Is supervision actually happening — not just recorded as happening?

Maintenance:

• Is your machinery maintained to a standard where it remains safe to use?
• Do you have maintenance records for each piece of work equipment?

Electrical Safety:

• Are electrical systems on machinery regularly inspected and in safe condition?

If you found gaps, fix them before HSE finds them first.

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The Business Case for Getting PUWER Right

The £147,013 total cost of the MTL prosecution is significant. But it's not the only cost to consider.

When HSE prosecutes, the case is heard in the Magistrates' Court or Crown Court. Sentences are public — press.hse.gov.uk publishes every prosecution. Your company name, the facts of the case, and the fine amount are all on the public record indefinitely.

Beyond the fine:

• Business interruption — Prohibition Notices stop operations immediately. MTL was served one before the physical inspection even took place.
• Insurance impact — a PUWER prosecution will affect your employer's liability premium.
• Reputational damage — if you supply to larger contractors or public sector bodies, a prosecution can affect your ability to tender.
• Director personal liability — where failings are systemic or involve deliberate risk-taking, HSE can and does prosecute individuals, not just companies.

The cost of proper guarding and a PUWER audit? A fraction of any of the above.

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How ComplianceAlert Helps

ComplianceAlert monitors HSE enforcement activity and regulatory updates in real time. When new PUWER guidance is issued, when HSE enforcement priorities shift, or when prosecutions like this one are published — you get an alert, in plain English, with the action you need to take.

We also provide a growing library of compliance document templates, including H&S Risk Assessment templates and a PUWER Equipment Register you can use to document your machinery checks.

Not sure if your machinery guarding is up to standard? Take our free 3-minute Compliance Score quiz — 20 questions, instant results: compliancealert.co.uk/compliance-score

Start your 7-day free trial → compliancealert.co.uk — no credit card required.

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Key Takeaways

• MTL Advanced was fined £140,000 after a 17-year-old apprentice was injured on an unguarded guillotine — in a dedicated training workshop
• PUWER Regulation 11(1) requires employers to guard dangerous parts of all work equipment
• Young workers and apprentices require enhanced risk assessment under separate regulations
• The company failed to identify the risk both before and after the incident — compounding the severity
• A post-incident full PUWER audit is not optional — it's what HSE expects you to do
• The total cost (fine + costs + surcharge): £147,013

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Frequently Asked Questions

Does PUWER apply to small businesses? Yes. PUWER applies to any employer who provides work equipment for use in their business, regardless of size. There is no small business exemption.

What's the difference between PUWER and LOLER? PUWER covers all work equipment. LOLER (Lifting Operations and Lifting Equipment Regulations 1998) applies specifically to lifting equipment and is additional to PUWER, not a replacement.

How often should PUWER assessments be reviewed? There is no fixed legal interval, but HSE guidance recommends review after any significant modification to equipment, after any accident or near-miss, or at least annually as part of your routine health and safety management.

Who is responsible for PUWER compliance — the employer or the equipment manufacturer? Both. Manufacturers must supply safe equipment. Employers are responsible for safe use, maintenance, and guarding in their specific workplace. You cannot rely on a CE mark alone.

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Published 30 March 2026. Source: HSE press.hse.gov.uk — MTL Advanced Ltd prosecution.

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