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A “Toolbox” for Forensic Engineers

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Accidents in the Workplace 267<br />

Figure 8.6 One of several chipped teeth on dummy shaft.<br />

hard brittle case broken by an oblique impact. As the outer corners of these<br />

gear teeth were extremely hard (>900 HV), under relatively light blows the<br />

exposed corners would be likely to emit tiny, sharp edged particles at high<br />

speed.<br />

Such a small flying particle would not have caused a penetrating eye<br />

injury if eye protection had been worn. The injured man had been issued<br />

safety glasses but he claimed the glasses did not stay in position when he was<br />

working beneath a vehicle and spots of oil and greasy finger marks smeared<br />

the glass and made it difficult to see what he was doing. There was a <strong>for</strong>eseeable<br />

risk of eye injury given the tools he was using and the way he had to<br />

work with his face so close to the object he was striking. However, no amount<br />

of legal argument about whether or not the risk of injury was reasonably<br />

<strong>for</strong>eseeable could ever compensate <strong>for</strong> the loss of his eye, although damages<br />

awarded would be substantially reduced on the grounds of contributory<br />

negligence.<br />

The sad fact is there would have been nothing wrong with using the old<br />

shaft as the dummy and the injury need never have occurred if the casehardened<br />

gear teeth had first been softened by tempering.<br />

8.3.2 Lath Axe<br />

A self-employed building contractor was reslating a roof, using a tool called<br />

a lath axe, illustrated in Figure 8.7. This has an axe head at one end and a<br />

square-faced hammer head with serrations on the striking face at the other.<br />

Since purchasing the tool several weeks be<strong>for</strong>e his accident the contractor<br />

had noticed the outside of the hammer head had chipped in places, but he<br />

had continued to use it, because it “was one of the best tools he had ever

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