Management failings on construction accident site

A carpenter working on a house refurbishment project at Tregaron, Ceredigion, in August 2011 fell more than seven metres from the top of an unsecured ladder causing severe back injuries from which he has yet to fully recover.

The incident prompted an investigation by the Health and Safety Executive (HSE) which today (23 January) concluded a prosecution against his employer, Richard Morgan, of Davies and Morgan Carpenters, at Swansea Crown Court.

Whilst the fall was not a factor in the sentencing, the court heard Morgan had not received training in the management of health and safety on construction sites and had not appointed a competent person to manage or supervise the work. He had not undertaken a suitable and sufficient assessment of the risks to his employees and had allowed them to alter and work on unsafe scaffolding.

Richard Morgan, of Cwmann, Lampeter pleaded guilty to a breach of Regulation 13 (2) of the Construction (Design and Management) Regulations 2007. He was fined £2,500 and ordered to pay £1,000 in costs.

Speaking after the hearing, HSE Inspector, Phil Nicolle, said:

"This case highlights the duty that all construction contractors have to plan, manage and monitor their work activities appropriately.

"Small construction companies cannot ignore their responsibility to effectively manage health and safety. Reliance on experience is not enough. Managers and supervisors must be suitably trained to enable them to fulfill their duties and ensure the safety of their workers.

"When using scaffolding, contractors must ensure that it has been erected by a competent person and has been inspected prior to use and at least every seven days afterwards. Any modifications to scaffolding must also be undertaken by someone with appropriate training and experience."

Company fined for worker fall during gym refurb

A Kent renovation company has been fined for safety failings after an unsupervised labourer fell more than four metres from a poorly constructed scaffold tower whilst stripping out a basement gym in central London.

The Romanian national, who does not want to be named, fractured two vertebrae and broke five ribs in the fall at a building on Farringdon Road in Farringdon on 19 April 2011.

Westminster Magistrates' Court heard today (23 January) he was part of a crew of labourers working for Swanley-based MJM Fitout Ltd to remove ventilation ducting from a two-storey gym in the basement.

A scaffold tower was erected to support the work and was being used by the worker to access ducting from a ceiling above a squash court. However, it was knocked over as he worked at height and both he and the tower crashed to the floor below, a distance of some 4.5 metres.

An investigation by the Health and Safety Executive (HSE) identified that none of the temporary labourers was competent to erect a scaffold tower, and that it was constructed without adequate supervision.

A district judge was told the incident could have been prevented had the work been properly planned, managed and monitored by MJM Fitout.

The company, of Horizon House, Azalea Drive, Swanley, Kent, was fined £8,000 and ordered to pay £3,500 in costs after pleading guilty to a single breach of the Construction (Design and Management) Regulations 2007.

After the hearing HSE Inspector Keith Levart said:

"The worker suffered painful injuries that could have been avoided had the labour crew been properly managed, and had their work on site been adequately monitored by MJM Fitout Ltd.

"The temporary staff had effectively been left to their own devices and were working in an unplanned and unsafe manner. It illustrates the clear need for companies to have practical arrangements in place to ensure that all personnel involved in and undertaking construction work understand what is expected of them, and are able to co-operate and communicate with one another.

"Work at height from scaffolds poses clear risks, and should only ever be undertaken by competent personnel with the right equipment, knowledge and experience."

Bolton fabric firm fined over employee's injuries

A Bolton fabric firm has been fined after an employee was badly injured when he was flipped around a large rotating roller.

The 39-year-old from the town, who has asked not to be named, was trying to straighten a crease on a roll of fabric as it was being wound up when his clothes became caught in the mechanism on 17 October 2011.

He was dragged around the roller three times, suffering cracked ribs and bruising to the side of his body.

Flameproofings Ltd, which treats fabrics used for curtains and sofas, was today (18 January) prosecuted by the Health and Safety Executive (HSE) following an investigation into the incident at its factory at the Lyon Road Industrial Estate.

Trafford Magistrates' Court heard that there were no guards on the machine to prevent workers from accessing dangerous moving parts, and the emergency stop button nearest to where the employee was working was defective.

The company had carried out an assessment which identified the risk of workers' clothes becoming entangled as a hazard, but it failed to act on this. It has since installed a new guard on the machine and changed its procedure for removing creases.

Flameproofings Ltd, of Springfield Road in Kearsley, was fined £6,000 and ordered to pay £3,600 in prosecution costs after pleading guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998.

Speaking after the hearing, HSE Inspector Emily Osborne said:

"The worker was badly injured because his employer didn't do enough to ensure he could not become entangled in the machine.

"Flameproofings failed to act on the findings of its own risk assessment, and install a suitable guard on the machine. It should also have made sure the defective emergency stop button was fixed and working properly.

"Sadly, it took the injury of an employee for the company to realise it needed to take action to improve safety at the factory."

Firm prosecuted for guarding failure

A Staffordshire company has been fined for safety failings after a worker sustained hand injuries and lost the tip of a finger using a poorly-guarded machine.

The employee, who does not want to be named, fractured his ring finger and lost the tip of his little finger following the incident at Bathgate Slate Technologies Limited, Newcastle under Lyme on 6 January 2012.

Stafford Magistrates' Court heard today, (16 January), that the company, which produces building products, was trialling a new machine that forms and sand-coats bricks. The worker was taking bricks from the end of the machine's conveyer belt. As he tried to keep up with the supply of bricks his hand became trapped between the conveyor belt and the roller underneath.

He was taken to North Staffordshire Hospital where his little finger was amputated at the tip and his fractured ring finger pinned. He was unable to work for three weeks as a result of the injury.
An investigation by the Health and Safety Executive (HSE), established that the machine was missing suitable guarding, although the intention was to install guarding when trialling was complete. Had a guard been fitted the incident would have been avoided.

Bathgate Slate Technologies Limited of Apedale Road, Chesterton, was fined £4,000 and ordered to pay £5,464 in costs after pleading guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations.

After the hearing, HSE Inspector Simon Hall said:

"The employee's painful injury should not and need not have happened. It was easily preventable had Bathgate Slate Technologies fitted appropriate guarding to prevent access to the rollers. Guards and safety systems are there for a reason, and companies have a legal duty of care to ensure they are properly fitted and working effectively at all times.

"Being drawn into machines because of inadequate guarding or - as in this case - a total absence of guarding, happens far too regularly. The importance of robust safeguards to protect workers gaining access to dangerous moving machinery cannot be overstated."

Landlord ignored gas safety warnings

A Chester landlord has been fined after ignoring repeated warnings about gas safety at a property she rented out in the city.

Nahida Hashim, 28, was prosecuted by the Health and Safety Executive (HSE) after she failed to arrange for a registered gas engineer to visit a house on Queens Avenue between October 2009 and October 2011.

Chester Magistrates' Court was told today (17 January 2013) that landlords are legally required to arrange annual gas safety checks of their properties to ensure the safety of tenants.
However, Ms Hashim neglected to do so despite being contacted on several occasions about the issue.

The court heard that she was first contacted by a Housing Standards Officer at Cheshire West and Chester Council in May 2011 asking to see a copy of the Landlord Gas Safety Record for the property.

HSE then wrote to her on two occasions in July after she failed to respond to the council's request, but it also received no reply.

In September, HSE issued Ms Hashim with an Improvement Notice giving her 21 days to arrange a gas safety check and provide proof it had been carried out. Again, she ignored this.
Nahida Hashim pleaded guilty to breaching the Gas Safety (Installation and Use) Regulations 1998 and the Health and Safety at Work etc Act 1974 by failing to arrange an annual gas safety check and failing to comply with an Improvement Notice. The landlord, of Tarvin Road in Littleton, Chester, was fined £400 and ordered to pay £1,000 in prosecution costs.

Speaking after the hearing, HSE Inspector Martin Paren said:

"Ms Hashim was given three chances to arrange a gas safety check at the property before we issued an Improvement Notice, but even then she still failed to take any action.

"Unsafe gas appliances are responsible for dozens of deaths from carbon monoxide poisoning in the UK every year. That is why it's a legal requirement for landlords to arrange checks.

"This case should act as a warning to landlords that if they ignore the law then they may find themselves in court."

Cambridge firm and consultant fined over chemical exposure

A Cambridge instrument company and a health and safety consultant have been fined for risking the health of employees from hazardous chemicals.

Paint sprayer Adam Coventon, 36, suffered irritation to his eyes, breathing difficulties, headaches and lost the ability to concentrate after working with harmful substances at Prior Scientific Instruments Ltd in Fulbourn. He is now no longer able to work.

Cambridge Magistrates' Court heard yesterday (10 January) that his job was to prepare and paint small components for scientific instruments, which involved working with chemicals including trichloroethylene, a powerful de-greaser used to clean metal before it is painted, and paints containing isocyanates.

An investigation by the Health and Safety Executive (HSE) found that Prior Scientific Instruments did not provide suitable equipment to adequately remove the hazardous fumes from the workplace, especially where items were left to dry.

HSE also found that in addition to inadequate controls, the company failed to provide employees with the necessary health surveillance for workers using hazardous substances. Health surveillance is a key part of ensuring that peoples' health has not been affected by the chemicals they use at work.
The Court was told that between September 2002 and December 2009 the company employed Keith Whiting, trading as KW Consultants, as a health and safety consultant. However, he did not provide suitable information and advice to enable the company to ensure the health and wellbeing of employees.

Prior Scientific Instruments Ltd, of Wilbraham Road, Fulbourn, Cambridge, was fined £9,000 and ordered to pay full costs of £2,852 after pleading guilty to breaching Section 2(1) of the Health & Safety at Work etc Act 1974.

Keith Whiting, trading as KW Consultants, of West Street, Chatteris, Cambridgeshire, was fined £1,500 with costs of £1,000 after pleading guilty to breaching Section 3(2) of the same legislation.
After the hearing HSE Inspector Robert Meardon said:

"Prior Scientific Instruments failed to ensure the health of its employees because it employed the wrong person to give it health and safety advice.

"Mr. Whiting's background was in quality control and he did not have adequate knowledge of health and safety for the work going on in this company. He failed to make them aware of the 'do's and don'ts', regarding the use of hazardous chemicals.

"In 2010, the Government commissioned Lord Young to review health and safety laws and among the findings, the inquiry recognised that there were a lot of people claiming to be health and safety experts, who were in fact, not. The national register of health and safety consultants has been set up as a result. All the consultants who are registered are members of a recognised professional body, and it is important that firms seeking to use a consultant choose one from the register."

Adam Coventon's partner, who does not want to be named, said:

"This whole thing has had a huge effect on our lives, as we have to constantly plan around Adam's symptoms. We all just wish that his remaining symptoms go so that he can once again be fit and strong.

"This case highlights the important job the Health and Safety Executive do, and the need for companies to monitor and control chemicals they use so they do not wreck peoples lives in the way that ours has been."

Unregistered gas fitter fined for dangerous defects

An unregistered gas fitter from Morden has been fined for endangering a Tooting family after he illegally and unsafely fitted a new boiler at their home.

Mr Mussrat Ahamed was prosecuted by the Health and Safety Executive (HSE) as a result of installing unsafe gas fittings in a family's rented property on Graveney Road, Tooting, in December 2011.

Westminster Magistrates' Court was told on Friday (11 January) that Mr Ahamed removed the family's boiler and installed a new one, leaving 13 defects, including one identified as an 'immediate danger' to life or property if an appliance had been left connected or operated.

The court heard that HSE was made aware that Mr Ahamed was operating without being 'Gas Safe' registered and did not have the expertise to carry out gas work.

Inspectors served a Prohibition Notice on Mr Ahmed preventing him from carrying out further work until he was recognised as competent and registered with the Gas Safe Register.

Mr Ahamed, of St Helier Avenue, Morden, was fined a total of £2,000 and ordered to pay £1,000 in costs after pleading guilty to two breaches of the Gas Safety (Installation & Use) Regulations 1998.
After the hearing, HSE inspector Saif Deen said:

"Unregistered installers who carry out gas work expose people to unacceptable risks that can prove fatal.

"This family's boiler had serious defects because Mr Ahamed lacked the appropriate skills to perform this work safely. He knew he wasn't Gas Safe registered, and although he understood the legal requirement to be registered he was under the impression that the work he undertook didn't constitute gas work because he didn't tamper with the supply.

"This is a worrying misconception amongst some plumbers and trades people - although the Gas Safety Regulations make it clear that only authorised engineers should carry out any work involving gas fittings or servicing.

"Gas Safe Registration is in place to ensure that only those who achieve and can demonstrate competence are allowed to work on gas systems."

Suspended prison sentence for landscape gardener after death of worker

A Staffordshire landscape gardener has been given a suspended prison sentence and 180 hours of unpaid community service, after a worker was killed by a falling gate post.

Leeson Lavender, 39, of Lyndhurst Steet, Stoke-on-Trent, was helping Eden Maddocks to install a large oak post at a property in Pepper Street, Keele, when the fatal incident occurred on 20 May 2010.

The two men stood on a trailer that had been used to transport the post and had started to manoeuvre it towards a pre-dug hole. As they lifted it the trailer shifted, causing Mr Lavender and the post to fall out.

Mr Lavender, who was known locally as Spud, hit his head on the ground before the post struck him on his head. He died later in hospital from his injuries.

Stafford Crown Court heard today (11 January) that an investigation by the Health and Safety Executive (HSE) found that Eden Maddocks, trading as Eden Creative Landscapes, had successfully used this method of work on other occasions. However, this time the oak post was larger and heavier than he had been used to.

Mr Maddocks had told Mr Lavender they would try to lift the post once and if it was too heavy they would wait for the more manpower to arrive in the form of the property owner and an electrician who was due at the house.

Eden Shane Maddocks, of Reedham Way, Bucknall, Stoke-on-Trent, was given a six month prison sentence suspended for 12 months, and 180 hours unpaid community service work, after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

After the hearing, HSE inspector Mr Lindsay Hope said:

"Mr Maddocks had balanced the trailer with sandbags and provided stone chocks to stabilize it during the lifting process. He had also provided guide nails in the trailer to stop it sliding sideways during transportation, so he had obviously considered the potential stability issues and had taken some precautions in an attempt to reduce the risks of the post overbalancing.

"Sadly he didn't do enough and Leeson Lavender paid with his life - a tragic and unnecessary death that could have avoided with better planning and a safer method of work."

Gas fitter may face prison after illegal work in Essex

An unregistered gas fitter has received a suspended prison sentence for illegally carrying out sub-standard gas work at a property in Essex.

Steven Arnold, 51, trading as Thermostat Plumbing and Heating Services of Hackney, north east London, installed a boiler, pipework and a new cooker fitting at a property in Leigh on Sea. However, neither Mr Arnold nor the person he paid to help him carry out the work were registered with Gas Safe Register as qualified and competent to carry out gas work.

Southend Magistrates' Court heard yesterday (16 January 2103) that the tenant of the property became suspicious when she received a landlord's gas safety inspection record that contained details of a registered gas engineer who had never visited the property.

She contacted Gas Safe Register who sent an investigator to inspect the installation. Gas Safe Register found that the installation did not meet current standards and advised that remedial work be carried out.

Mr Arnold, of Albion Drive, Hackney, admitted breaching Section 3(2) of the Heath and Safety at Work etc Act 1974 and was given a 2 month prison sentence suspended for 18 months. He was also fined £12,000 and ordered to pay £1,760 in costs.

After the hearing, HSE inspector Vicky Fletcher said:

"Mr Arnold installed a gas boiler and gas pipework knowing he was not legally allowed to do so. Unregistered gas fitters do not have the training, knowledge or experience to work on gas fittings safely. They endanger the lives of the public for financial gain, fraudulently avoiding the time and expense of becoming competent and registered.

"Every year around 15 people die from CO poisoning caused by gas appliances and flues that have not been properly installed, maintained or that are poorly ventilated.

"Badly fitted and poorly serviced gas appliances can cause fires, explosions, gas leaks and carbon monoxide poisoning. Homeowners, landlords and tenants should always request ID and check their engineer is properly accredited."

Paul Johnston, chief executive of Gas Safe Register, added:

"Every Gas Safe registered engineer carries a Gas Safe ID card, which shows who they are and the type of gas appliances they are qualified to work on. We always encourage the public to ask for and check the card and if they have any concerns about the safety of work carried out in their home, to speak to us. Every year we investigate thousands of reports of illegal gas work. Call us on 0800 408 5500 or visit our website at www.gassaferegister.co.uk

Landlord ignored gas safety warnings

A Chester landlord has been fined after ignoring repeated warnings about gas safety at a property she rented out in the city.

Nahida Hashim, 28, was prosecuted by the Health and Safety Executive (HSE) after she failed to arrange for a registered gas engineer to visit a house on Queens Avenue between October 2009 and October 2011.

Chester Magistrates' Court was told today (17 January 2013) that landlords are legally required to arrange annual gas safety checks of their properties to ensure the safety of tenants.
However, Ms Hashim neglected to do so despite being contacted on several occasions about the issue.

The court heard that she was first contacted by a Housing Standards Officer at Cheshire West and Chester Council in May 2011 asking to see a copy of the Landlord Gas Safety Record for the property.

HSE then wrote to her on two occasions in July after she failed to respond to the council's request, but it also received no reply.

In September, HSE issued Ms Hashim with an Improvement Notice giving her 21 days to arrange a gas safety check and provide proof it had been carried out. Again, she ignored this.

Nahida Hashim pleaded guilty to breaching the Gas Safety (Installation and Use) Regulations 1998 and the Health and Safety at Work etc Act 1974 by failing to arrange an annual gas safety check and failing to comply with an Improvement Notice. The landlord, of Tarvin Road in Littleton, Chester, was fined £400 and ordered to pay £1,000 in prosecution costs.

Speaking after the hearing, HSE Inspector Martin Paren said:

"Ms Hashim was given three chances to arrange a gas safety check at the property before we issued an Improvement Notice, but even then she still failed to take any action.

"Unsafe gas appliances are responsible for dozens of deaths from carbon monoxide poisoning in the UK every year. That is why it's a legal requirement for landlords to arrange checks.

"This case should act as a warning to landlords that if they ignore the law then they may find themselves in court."

Firm fined after worker's hair ripped out by machinery

A Deeside company has been fined £60,000 after a young worker was severely injured when her hair was ripped out by poorly guarded machinery.

 

Kelly Nield's hair after it was ripped out by machinery at Mainetti's factory

 

Kelly Nield, 25, of Ellesmere Port, was sorting clothes hangers on a conveyor when her scarf and hair became caught in the chain and sprocket drive of the belt as she bent over to remove accumulated hangers.

She sustained serious throat injuries, lost a substantial part of her hair and fractured a finger in the incident on 11 April 2009 at Mainetti (UK) Ltd in Deeside Industrial Park. Miss Nield needed a number of operations and was in hospital for three months.

The incident was investigated by the Health and Safety Executive (HSE), which prosecuted the company for serious safety failings at Mold Crown Court.

HSE found Mainetti (UK) Ltd had fitted a guard to the conveyor but it did not fully enclose the dangerous moving parts. There was no emergency stop button on the conveyor which could have lessened the impact of the incident.

In addition, the company's risk assessment failed to identify the dangers of entanglement in conveyors, and the need to keep hair and loose clothing secure when near the machinery was poorly enforced.

The court fined Mainetti (UK) Ltd of Oxnam Road, Jedburgh, a total of £60,000 and ordered the company to pay costs of £21,668 on 17 January 2013.

The company pleaded guilty to breaching three regulations under the Provision and Use of Work Equipment Regulations 1998 and one breach under Regulation 3 of the Management of Health at Safety at Work Regulations 1999.

HSE Inspector David Wynne, speaking after the hearing, said:

"These horrific, life-changing injuries sustained by Ms Nield could easily have been avoided if the right safeguarding measures had been taken by Mainetti (UK) Ltd.

"There are well-known risks associated with working with conveyor belts. It is vital, therefore, that the risks are fully assessed and guarding provided to prevent access to moving parts. Where appropriate, emergency stop controls should be installed in readily accessible places.

"Employers must also ensure that workers are properly monitored, supervised and trained when working with this sort of equipment."

Forklift failure fine for Wakefield firm

A Wakefield company has been fined for failing to keep a forklift truck in good working order, which posed a danger to workers.

Traditional Slate and Stone Supplies of Horbury Bridge was today (9 January) prosecuted by the Health and Safety Executive (HSE) at Wakefield Magistrates' Court for breaching safety law.

The company supplies stone in flexible large bags that hold around a tonne. HSE found that a forklift truck being used on 28 May 2010 had not been maintained and that two sets of bearings holding the forks in line had collapsed.

Magistrates were told by HSE that as the forks were lowered, they could jam on the mast and then fall when dislodged, putting employees working nearby at risk of serious injury.

HSE found the forklift had been repaired on many occasions in the previous year but all the work had been reactive. The company's maintenance regime was to repair in response to breakdowns.

The company, of Bridge Road, was fined £2,000 and ordered to pay £4,138 in costs after admitting a breach of the Provision and Use of Work Equipment Regulations 1998.

After the hearing, HSE Inspector Neil Hope-Collins said:

"This shows the potential dangers of relying solely on fixing things when they go wrong. All machinery should be maintained regularly to ensure it is safe to work with and near. That means looking for signs of wear and tear before they lead to an incident."

Healthcare firm in court over severed thumb

A healthcare manufacturer has appeared in court after an employee at a Chorley factory lost part of his thumb when it became trapped in machinery.

Synergy Health (UK) Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation found the guards on its dry wipes machine were not sufficient, and the worker had not received adequate training.

Leyland Magistrates' Court was told today (4 January 2013) that the 39-year-old from Bamber Bridge had been working on a machine at the plant at the Matrix Park industrial estate on Western Avenue on 27 November 2011.

He reached into the tunnel leading out of the machine to stop it becoming blocked with wipes that had not been cut properly, and his left hand became caught in the slatted conveyor belt.
The worker lost the top of his thumb to the first knuckle when the conveyor belt forced it against a metal plate.

The court heard that the company had failed to carry out a proper risk assessment for the work, and so had not identified the risk of worker's hands becoming trapped in the conveyor belt.

Synergy Health, of Whitehall Way in Swindon, Wiltshire, pleaded guilty to a breach of the Provision and Use of Work Equipment Regulations 1998 by failing to prevent access to dangerous machine parts. The company was fined £5,000 and ordered to pay costs of £2,573.

Speaking after the hearing, HSE Inspector Christina Goddard said:

"This incident could easily have been avoided if Synergy Health had carried out a proper assessment of the risks and made sure its employees were properly trained.

"The risk of workers hands becoming trapped by moving conveyor belts in well known in the industry and so it is important suitable guards are in place.

"If the guards the company installed following the incident had been there at the time then it is extremely unlikely the employee's hand would have become trapped."

Engineering firm and building contractor fined for asbestos exposure

Workers were exposed to dangerous asbestos fibres following a catalogue of errors by an engineering company and a building firm during a demolition and refurbishment project in Swansea, a court has heard.

The project was badly managed, with untrained staff put in charge of the operation, and was underpinned by inadequate surveys for the presence of asbestos and poor planning throughout.

Neath Magistrates' Court was told today (10 January) that Wall Colmonoy Ltd had contracted Oaktree Construction to renovate a building opposite its premises in Pontardawe, Swansea, in December 2010 in order to expand its operations.

The engineering firm had two asbestos management surveys for the site, which, although later deemed to be inadequate, identified the presence of asbestos material and highlighted other areas, such as the ceiling voids, which were presumed to contain asbestos.

Despite this, work was allowed to begin in the building, even though Trebanos-based Oaktree had been advised by the Health and Safety Executive (HSE) that a separate 'Refurbishment and Demolition Survey' was also required before any activity commenced.

During the demolition works an asbestos insulation board (AIB) covering a steel column was damaged, and a Wall Colmonoy employee was told to tape plastic bags around it. Work continued in the building for several months with the AIB debris left lying on the floor until an unannounced visit was carried out by an HSE inspector.

A subsequent HSE investigation found that Wall Colmonoy failed to appoint a competent Construction, Design and Management co-ordinator and principal contractor to plan and manage the construction work, and ignored advice from its own health and safety manager to notify HSE of the demolition phase of the project, as is required by law.

Wall Colmonoy also failed to provide a proper assessment of the presence of asbestos and its condition in the building before work started. The surveys they held were poor, as a licensed asbestos removal contractor had warned in advising the company that the information they contained was inadequate.

No-one involved in the management of the project had the skills, training or experience to address health and safety issues, including the risk of asbestos exposure. The company made no efforts to remove or control the risks from the asbestos materials that had been indentified in the reports.
The HSE investigation also found that Oaktree failed to prevent the exposure of its employees to asbestos, and failed to control its spread once it had been damaged.

The company failed to provide a 'Refurbishment and Demolition Survey' and its own risk assessment was inadequate because it failed to identify the risks from asbestos.

Furthermore, Oaktree did not carry out a structural assessment of the building and did not provide its staff with asbestos awareness training, despite a recommendation by the HSE in September 2010.
Wall Colomony, of Alloy Industrial Estate, Pontardawe, was fined a total of £16,000 and ordered to pay £3,287 in costs after pleading guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974.

Oaktree Construction (Wales) Ltd, of Pheasant Road, Trebanos, was fined £8,000 with costs of £2,000 after pleading guilty to breaching Regulations 16 and 11(1) (a) of the of the Control of Asbestos Regulations 2006.

Speaking after the hearing, HSE Inspector, Anne Marie Orrells said:

"Both companies involved in this case demonstrated significant failings throughout the management of the project, which put the lives of their respective workers at risk.

"Demolition and refurbishment work must be properly planned and managed by competent personnel with the right training and experience.

"Proper structural and asbestos surveys must be made and a full risk assessment carried out for all the work to be undertaken.

"Had a Refurbishment and Demolition survey been undertaken, and had a licensed asbestos contractor been used to removal all asbestos materials prior to the work starting, then the risk would have been eliminated.

"Instead this inadequate response left workers exposed to asbestos fibres, which can cause potentially fatal lung disease. The health and safety of workers must not be left to chance."

Firm fined after residents are poisoned by carbon monoxide

One of the UK's largest property service organisations has been ordered to pay more than £300,000 in fines, costs and compensation after seven people were hospitalised when carbon monoxide (CO) fumes escaped into their homes.

Apollo Property Services Group Limited, now part of Keepmoat Group, was yesterday (17 December) sentenced in relation to the incident at the Abbey Road Estate, on Adelaide Road, Camden, between 18 February and 18 March 2008.

The Old Bailey (Central Criminal Court) heard during a two-week trial that seven residents, none of whom want to be named, were exposed to CO because boiler flues servicing the flats were obstructed during roof refurbishment work.

An investigation by the Health and Safety Executive (HSE) found that Apollo knew that some flues may still be serving boilers in the properties, but did not have an adequate system for inspecting them. So work continued without checks being carried out.

The company also failed to ensure that the work was adequately supervised, and did not ensure that workers were familiar with safe working practices in relation to gas flues or were aware of the risks.
Apollo Property Services Group Ltd, of Church Street, Waltham Abbey, was fined £165,000, ordered to pay £117,582 in costs and a total of £19,000 in compensation after being found guilty of breaching section 3(1) of the Health and Safety etc. at Work Act 1974.

After sentencing, HSE's Inspector Helen Donnelly said:

"Despite the client's adviser warning the company to consider the risk of blocking or covering flues at the start of the refurbishment project, the company did not assess the risks to residents or have a safe system to ensure flues serving live boilers were not obstructed.

"Moreover, as part of one of the UK's largest property service organisations, Apollo Property Services Group Limited is very experienced in refurbishing housing estates so there is no reason for this incident to have happened."

Council in court over worker's 230 volt shock

Bury Council has appeared in court after one of its employees suffered an electric shock from a 230 volt mains cable.

The 33-year-old from Prestwich, who has asked not to be named, suffered burns to his wrist, leg and groin and singed his facial hair while removing a lamp post on Harper Fold Road in Radcliffe on 9 June 2011.

The local authority was prosecuted by the Health and Safety Executive (HSE) after an investigation found he had received inadequate training and supervision for the work.

Trafford Magistrates' Court heard today (14 December 2012) that new street lights had recently been installed on the road and the old lights had been disconnected.

The injured worker and a colleague were in the process of removing one of the old lamp posts, using a jackhammer to break the concrete around the base, when he struck a mains electricity cable.
HSE discovered the two workers had not been given service drawings for the lamp post they were removing, which would have shown where the mains cable ran.

Their manager had also not received any health and safety management training, despite it being part of his job to ensure work was carried out safely.

Bury Metropolitan Borough Council, of Knowsley Street in Bury, was fined £20,000 and ordered to pay £7,594 in costs after pleading guilty to breaching the Health and Safety at Work etc Act 1974 by failing to ensure the safety of workers.

Speaking after the hearing, HSE Principal Inspector John McGrellis said:

"The council employee needed several days off work to recover from his burn injuries but he could easily have been killed.

"He shouldn't have been put in a situation where he didn't know what the potential dangers were as he used a jackhammer to break up the concrete around the lamp post.

"It's vital that people carrying out work near to power lines receive appropriate supervision and training to ensure their safety."

Firm fined after exposing staff to chemicals

A chemical manufacturing company from Daventry has been fined for exposing its employees to a range of hazardous chemicals.

One member of staff, a 46-year-old despatch officer, was diagnosed with occupational asthma and rhinitis after handling a variety of toxic substances, mainly in liquid form, that were classed as hazardous to health at Endeavour Speciality Chemicals Ltd. They are used for flavouring and smell purposes in food production.

The female employee is now no longer able to work with chemicals and has been found another job within the firm.

Northampton Magistrates' Court was told today (21 December) how employees were required to manually pour substances into containers ready for despatch to customers. Necessary ventilation and appropriate organisation of the workplace had not been provided.

A Health and Safety Executive investigation found the company had failed to assess the risk of ill health from packing operations involving chemicals, and had also failed to implement the necessary control measures required to prevent, or adequately control employees' exposure.

Endeavour Speciality Chemicals Ltd, of Low March Industrial Estate, Daventry, Northamptonshire, admitted breaching Regulations 6(1), and 7(1) of the Control of Substances Hazardous to Health Regulations 2002 and was fined a total of £15,000 and ordered to pay costs of £5,000.

After the hearing HSE Inspector James Wright said:

"The company's failure to assess the risks, and implement control measures for what was a simple work process, has resulted in an employee suffering years of ill health, and has probably prevented her from ever working with chemicals again.

"The measures that were required to have made this work safe were inexpensive and not difficult to implement. These could have included effective fume cupboards suitable for the work, local exhaust ventilation, good hygiene practices, exposure monitoring and suitable PPE. Companies should ensure they have suitable arrangements in place to manage the risks from the handling of hazardous substances."

"Every year, thousands of workers are made ill by hazardous substances, contracting lung disease such as asthma, cancer and skin disease such as dermatitis. These diseases cost many millions of pounds each year to industry, to replace the trained worker, to society, in disability allowances and medicines, and individuals, who may lose their jobs."

Companies fined after waste centre incident

Two London companies have been ordered to pay nearly £110,000 in fines and costs after a lorry driver sustained life-changing injuries when he fell down a processing chute at a waste recycling plant.

The Old Bailey was told the agency worker, then 49, was employed by ICSL Accord Ltd as a skip lorry driver. He was tipping rubbish into a deep waste chute at Hornsey Street Waste and Recycling Centre in Islington when he fell ten metres from the rear of the vehicle down the chute.

The incident, on 3 December 2007, was investigated by the Health and Safety Executive (HSE), which prosecuted both ICSL Accord and the centre's operators, London Waste Ltd, for serious safety failings.

The court heard that the worker, from Islington, who does not want to be named, sustained life threatening injuries. He was treated at the Whittington Hospital for fractures to two vertebrae and was in a spine brace for nine months, unable to work.

An independent medical report suggested the man would never be able to return to his career as a HGV driver. He now walks with a limp and is limited in the range of activities he can undertake.

HSE told the court that in 2006 London Waste sites, including Hornsey Street, were inspected and audited. HSE inspectors recommended the company reassessed its tipping arrangements and avoided work at height by directing drivers to tip their loads into flat bays.

The incident could have been prevented had that procedure been in place, and the company has since made improvements to ensure it is.

HSE found that ICSL failed to give some employees sufficient training in how to safely tip rubbish at the site; London Waste failed to monitor non-compliance of site safety rules, and both companies failed to cooperate and coordinate site activities.

London Waste Ltd, of Advent Way, Edmonton, was fined £40,000 and ordered to pay £34,265 in costs after being found guilty of breaching Section 3(1) of the Health & Safety at Work etc Act 1974.

ICSL Accord Ltd, of Albany Way, Welwyn Garden City, was fined £24,000 with £11,241 in costs after pleading guilty to breaching Section 2(1) of the same legislation.

After sentencing, HSE Inspector Neil Fry said:

"This was a life-changing incident with devastating consequences for the agency worker. It is also one that could have been prevented had both firms ensured that adequate safety measures were in place, which are so important in the waste and recycling sector.

"Companies must manage risks through training, instruction, supervision and monitoring, and adopting safe working practices. When companies like London Waste Ltd and ICSL Accord Ltd share sites, it is essential they cooperate and coordinate the management of health and safety with one another."

Skip firm fined following death of worker

A skip company has been fined for safety breaches at its West Bromwich site where an employee had been killed when he was run over by a 13-tonne shovel loader.

The Health and Safety Executive (HSE) today (17 December) prosecuted Need a Skip Ltd at Wolverhampton Crown Court for failing to ensure that workers and vehicles were safely segregated on the site.

24-year-old Wayne Meylan died of his injuries at the firm's premises when the loader struck him as he was crouching over a manhole cleaning out a drain pump in the yard on 11 September 2006.

HSE's investigation found that Need a Skip Ltd did not have a transport plan in place to segregate people from vehicles and the company's on-site health and safety training plan had not been adhered to.

The court was told the company had previously been informed of the risks associated with workplace transport by HSE during a routine inspection.

Need a Skip Limited, of Brandon Way, West Bromwich, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £45,000 and ordered to pay costs of £125,000

After the hearing HSE inspector Karl Raw said:

"Transport is one of the biggest causes of death and injury within the workplace, especially where the machinery in use is large. For this reason it is imperative that where people and machinery need to work in close proximity the employer ensures, wherever possible, that measures are implemented to segregate them or put in place suitable and effective measures to ensure safety of their employees.

"The ad hoc approach by Need a Skip to its on-site activities, combined with heavy machinery moving around, meant there was a high potential for an incident to occur."

Council and building firm fined for asbestos exposure during school refurbishment

Staffordshire County Council and a refurbishment firm have been fined for exposing a nursery class, school staff and two joiners to asbestos fibres.

Rugeley firm G Evans (Services) Ltd was refurbishing Glenthorne Community Primary School in Cheslyn Hay for the council when the incident happened on Friday 13 February 2009.

Stafford Crown Court heard two joiners were cutting through a large built-in cupboard in the nursery class when they noticed unidentified material nailed to the back of it.

They showed this to their site manager, who allowed them to carry on dismantling the cupboard and to detach the material. However, the material was asbestos insulating board, which by law should only be moved by a licensed asbestos removal contractor. The court heard the joiners used an ordinary vacuum cleaner to clear up dust and debris, which would also have spread asbestos fibres in the air.

On the Friday the work was undertaken, seventeen children aged between three and four, were in the classroom for half-day sessions together with a teacher and teaching assistant. A school cleaner, who was working in the classroom later in the day, was also exposed to the potentially dangerous substance.

The following Monday, an analyst, who was monitoring asbestos levels in the air during licensed asbestos removal work, spotted pieces of asbestos insulating board in an open skip. The school was closed immediately for investigation and subsequent decontamination.

A Health and Safety Executive (HSE) investigation into the incident found Staffordshire County Council had failed to carry out a pre-refurbishment asbestos survey in the nursery before work started. These surveys were essential to ensure that anyone who was likely to work or disturb asbestos was provided with information on the location and condition of the asbestos.

G Evans (Services) Ltd had not taken sufficient steps to identify the asbestos insulating board attached to the cupboard before work started and its procedures for identifying asbestos containing materials were inadequate which permitted their site manager to assume the material was safe to work with and to continue disturbing it. The court heard the work should have been stopped until the material had been investigated further.

HSE inspector David Brassington said after the hearing:

"A series of assumptions and missed opportunities led to contractors, school staff and nursery age children being exposed to asbestos fibres during refurbishment work.

"The joiners who were working directly with the asbestos were significantly exposed to the disturbed fibres– something that should not have happened with proper planning and access to an asbestos survey before work commenced.

"Fortunately, the risk to children and school staff who were in the classroom the same day as the asbestos was disturbed will have been lower because they spent less time in the nursery at the time when the asbestos was initially disturbed.

"This incident has understandably caused a great deal of anxiety. As soon as the suspect material was found the work should have been stopped for further investigation.

"The long term health risks associated with exposure to asbestos dust are well known and it is unacceptable for incidents such as this to be taking place."

Staffordshire County Council, of Tipping Street, Stafford, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was today (14 December) fined £10,000and ordered to pay £5,000 costs.

G Evans (Services) Ltd, of Wheelhouse Road, The Towers, Rugeley, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and was fined £8,000 and ordered to pay £4,000 costs