Tuesday 26 November 2013

Construction industry - Accident Statistics

There have been significant reductions in the number and rate of injury over the last 20 years or more. Nevertheless, construction remains a high risk industry. Although it accounts for only about 5% of the employees in Britain it accounts for 27% of fatal injuries to employees and 10% of reported major injuries.
The latest results in construction show:
  • 39 fatal injuries to workers. 12 of these fatalities were to the self-employed. This compares with an average of 53 over the previous five years - including an average of 18 to the self-employed (RIDDOR);
  • About 3 700 occupational cancer cases are estimated to arise each year as a result of past exposures in the construction sector;
  • There were an estimated 74 thousand total cases and 31 thousand new cases of work-related ill health;
  • An estimated 1.4 million working days were lost in 2011/12, 818 thousand due to ill health and 584 thousand due to workplace injury, making a total of 0.7 days lost per worker.

Revised guidance to protect the health, safety and welfare of workers

The Health and Safety Executive (HSE) has published new help for employers on how to protect the health, safety and welfare of their workers.
Following consultation, HSE has reviewed and updated the Workplace Regulations Approved Code of Practice (ACOP) (L24) to make it easier for employers, building owners, landlords and managing agents to understand and meet their legal obligations.

The ACOP was one of several identified for review and revision, consolidation or withdrawal in line with a recommendation by Professor Ragnar Löfstedt in his report Reclaiming health and safety for all.

The Workplace (Health, Safety and Welfare) Regulations 1992 cover a wide range of health, safety and welfare issues and apply to most workplaces except for those involving work on construction sites, those who work in or on a ship and those who work below ground at a mine. Legal responsibilities to protect workers’ health and safety are not altered by any changes to the ACOP.

HSE spokesman, Chris Rowe, said: “Across HSE we are working hard to ensure that employers have access to good quality advice which makes clear what they need to do to protect workers. 

“The revised ACOP has not only been updated, it will help employers understand the regulatory requirements on key issues such as temperature, cleanliness, workstations and seating, toilets and washing facilities.”

The review of and subsequent revision to the Workplace ACOP was subject to public consultation and the changes were agreed by both the HSE Board and the minister of state for responsibility for health and safety

Illegal gas fitter jailed for dangerous installation

A London landlord has been jailed for endangering his tenants after he illegally installed a boiler that he then repeatedly tried to fix after it developed a leak.
Harpal Singh, 53, attempted to repair his faulty handiwork at the Tottenham Hale property on three occasions before a concerned tenant phoned National Grid for help. A qualified technician then immediately disconnected the gas supply.
 
A subsequent investigation revealed six faults with his installation, and clear evidence that he had failed to appoint a Gas Safe registered engineer to do the work, as the law requires.

Westminster Magistrates Court was told that Mr Singh installed the boiler and associated pipework at a three-bedroomed house on Montague Road in January 2013. His tenants immediately complained of a strong smell of gas throughout the property, and continued to do so despite a number of visits to rectify the problem.
 
It wasn’t until 8 May that National Grid intervened to disconnect the supply. A Gas Safe investigation then highlighted clear faults with the work, and with Mr Singh’s legal duty of care as a landlord.

There was nothing to suggest he had appointed a competent person to do the work, and no certification to show that another gas appliance at the property had been annually checked, as the law also states.

The matter was passed to the Health and Safety Executive (HSE), who prosecuted him for three separate breaches of the Gas Safety (Installation and Use) Regulations 1998.

Harpal Singh, of Higham Road, London, N17, was jailed for a total of 26 weeks and ordered to pay £1,852 in costs after pleading guilty to all three breaches.
The judge ruled that imprisonment was justified to reflect his high culpability and the fact he acted “fast and loose” with the lives of his tenants.
 
After the hearing HSE Inspector Lisa Chappell said:

“The regulations covering landlords’ duties relating to gas appliances in their properties are unambiguous, and clearly state that only qualified engineers are permitted to undertake gas installations, checks and maintenance.

“Mr Singh should have known this, and his negligence could have cost lives. Faulty installations can cause fires, explosions or carbon monoxide poisoning, and that is why only Gas Safe registered engineers should be used.
 
“There are many instances where landlords fail to fulfil their duties, and I hope today’s case serves as a reminder that we will prosecute when that is the case.”


Roofing firm fined for ladder fall death

A roofing company has been fined for safety failings after a worker fell to his death from an unsuitable and badly maintained ladder at a Milton Keynes home.

Thomas Rowe, 56, from Crownhill, was undertaking roofline repairs at the two-storey property on 14 January 2012 when he fell almost five metres to the ground below, sustaining a fatal head injury.

He was working for Milton Keynes Roofing Ltd, which was prosecuted by the Health and Safety Executive (HSE) after an investigation revealed serious concerns with the equipment selected and used for the task.

Aylesbury Crown Court heard that Mr Rowe, a self-employed roofer who was sub-contracted to the firm on an ad-hoc basis, was working at the rear of a home on Hodder Lane to install weatherproof eaves protectors.

He accessed the roofline using a two-part extension ladder that was footed by the company director, who was also a close family friend.

The exact circumstances of how he came to fall are unclear, but he evidently slipped after failing to maintain a secure contact with the ladder and the building as he tried to work.

Thames Valley Police attended the scene before HSE was notified three days later. HSE’s investigation established that the choice of extension ladder was inappropriate, and that a more rigid system, such as a tower scaffold, should have been used instead.

Inspectors also found that the ladder had damaged rungs and missing footers, and as such should not have been in use at all.

The court was told that Mr Rowe’s death could have been prevented had a better system and equipment been in use.

Milton Keynes Roofing Ltd, of Laurel Close, Milton Keynes, was fined a total of £11,672 after pleading guilty to two separate breaches of the Work at Height Regulations 2005.

The judge ruled that the level of fine he imposed was indicative of the company’s limited means to pay, not the seriousness of the failings or the value of Mr Rowe’s life. No prosecution costs were awarded.

After the hearing, HSE Inspector John Berezansky said:

“All work at height has to be properly planned and managed, and there were clear failings with the equipment used by Milton Keynes Roofing Ltd.

“Even short duration tasks need planning and foresight, and it is evident that had more appropriate equipment been provided then Mr Rowe’s tragic death could have been avoided.

“We were unable to find a direct link between the state of the ladder and his fall, but I also hope this case underlines the need to ensure that work equipment is properly maintained and fit for purpose.”

Construction company and director in court after roof fall

A Monmouth construction firm and its managing director have been fined for safety failings after a labourer fell more than four metres through a fragile barn roof, breaking his back on his first day working for the company.

D & R Maintenance Solutions Ltd and John Dunmore were prosecuted by the Health and Safety Executive (HSE) after the incident which occurred while solar panels were being fitted to the roof of a barn at Claverdon, Warwickshire, on 24 February 2012.

The 36-year-old man from Monmouth was carrying a solar panel when he fell through the fragile roof of the barn, landing on the concrete floor below. HSE found little had been provided to protect workers from falls.

As well as fracturing two vertebrae in his lower back, requiring a brace to be worn for two months, he suffered a broken wrist which had to be pinned and a bruised heel. He returned to work after six months but no longer works in construction, and has been left with some restricted movement in his wrist.

Leamington Spa Magistrates Court was told the company and its managing director, John Dunmore, were aware the roof was fragile and verbally warned employees to be careful, but did not ensure that the job was properly planned or carried out safely.

HSE found equipment provided for accessing and working on the fragile roof was not suitable, and four employees were working unsafely using single scaffold boards and crawl boards without guardrails or harnesses, and at times stepping on the roof itself.

No guardrails were in place around the roof perimeter to prevent falls from the edge, and no measures to mitigate the consequences of a fall through the fragile roof were in use, such as fall arrest harnesses, netting, or soft landing systems.


The injured man and another colleague were both working for the firm for the first time that day but neither had been given proper instruction or training for working at height.

D & R Maintenance Solutions Ltd of Cross Vane, Penalt, Monmouth, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005 and was fined £13,000 and ordered to pay £3,357 costs.

Mr John Dunmore, 54, of Cross Vane, Penalt, Monmouth, pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974 and was fined £7,000 and ordered to pay £3,357 costs.

After the hearing, HSE inspector Luke Messenger said:

“D & R Maintenance Solutions Limited, and Mr John Dunmore, its managing director, had received relevant previous verbal and written advice from HSE regarding work on fragile roofs but failed to take basic precautions to prevent falls.

“As a result, an employee was injured on his first day with the company. Considering he fell 4.5 metres, he was fortunate not to suffer more serious or even fatal injuries.

“The supervision of new employees was inadequate, despite the risks from work at height being widely known.

“It is the biggest single cause of serious injury in construction, with falls through fragile surfaces accounting for a fifth of these.

“Work at height must be properly planned and carried out safely, particularly when working on or near fragile roofs. Staff need to have the right equipment, receive correct training and supervision and safe operating procedures should be in place.”

 
Demolition company sentenced after worker severely injured on first day

A Nottinghamshire demolition company has been fined after a worker suffered severe injuries when he was hit by a falling excavator bucket on his first day on site.

Labourer James Wilson, of Misterton, was working for Bloom Plant Ltd on a demolition site on Kilton Road, Worksop, on 10 January 2011.

Excavator driver Paul Batty, who was also employed by Bloom Plant Ltd, was re-attaching the four tonne excavator bucket to the boom of his machine when it fell and slid down a pile of rubble, landing on Mr Wilson and leaving him with major crush injuries.

Mr Wilson, who was 46 when the incident happened, lost his left eye and part of his scalp.  He also broke his eye socket, cheekbone, jaw, nose, left collarbone, several ribs and his left leg. He also punctured a lung and severed the nerves on his bottom lip.

Mr Wilson was in a coma for two weeks and had to have a tracheotomy to help him breathe. He also needed extensive reconstructive surgery. He is still receiving medical treatment and will continually need to take pain relief.

An investigation by the Health and Safety Executive (HSE) found Bloom Plant Ltd had no safe systems of work in place and had not given Mr Wilson adequate information, instruction, training or supervision including adequate warnings of the hazards involved when working around plant.

Nottingham Crown Court was told that employees should have been excluded from the area while the bucket was being re-attached and a safety pin used to secure it in place.

Bloom Plant Ltd, of Askham Road, East Markham, Newark, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc act 1974 by failing to provide and maintain safe systems of work and to provide adequate information, instruction, training or supervision. The company was fined £40,000 and ordered to pay costs of £27,500.

After the hearing HSE inspector Kevin Wilson said:

“Mr Wilson suffered appalling injuries and was extremely lucky to survive.   “Bloom Plant Ltd should have provided safe systems of work with better instruction, information, training and supervision, especially as the operations being carried out were known to have serious risks. Instead, Mr Wilson was put in a position of grave danger.”

 
Firm fined after electrician suffers burns

A Tayside electrical company has been fined for safety failings after a worker suffered burns to his face, hands and arms while carrying out live electrical testing.

Gordon Roberts, then aged 38, from Dundee, spent nine days in hospital following the incident on 2 December 2010.

His employer, McGill Electrical Ltd, was prosecuted after an investigation by the Health and Safety Executive (HSE).

Dundee Sheriff Court was told that Mr Roberts, along with colleagues, was undertaking the testing inside an electricity substation at the premises of a manufacturing company in Dundee.

He had climbed a stepladder to remove bolted covers to gain access to the live conductors he was there to test. However, on manoeuvring one of the bolted covers back into position after the testing, a corner of the cover appears to have come into contact with live parts causing an electrical arc flashover.

His colleague heard a bang and a flash just before all the lights went out and the room filled with smoke. Mr Roberts, who was not wearing the correct protective equipment supplied to him, was thrown off the stepladder but was able to walk out of the substation unaided.

The manufacturing firm’s safety manager used snow that happened to be surrounding the substation in an attempt to cool Mr Robert’s burns before an ambulance arrived.

Mr Roberts was treated in hospital for burns to his face, hands and arms. He made a full recovery and returned to work two months later.

The HSE investigation concluded that McGill Electrical Ltd had failed to carry out a suitable and sufficient risk assessment for the task of removing and replacing the bolted covers while the distribution boards were live, and had also failed to have in place a safe system of work by failing to ensure that the electricity supply to the distribution boards was de-energised during removal and replacement of the covers.

McGill Electrical Ltd of Harrison Road, Dundee, was fined £2,000 after pleading guilty to breaching Section 2 of the Health and Safety at Work etc Act 1974.

Following the case, HSE Inspector Mac Young, said:

“This incident was wholly preventable. It was foreseeable that a metal plate being manipulated in close proximity to live conductors could inadvertently touch live parts and cause a flashover. The system of work, which involved removal and replacement of bolted covers while the system was live, and without knowing what was behind the covers, exposed Mr Roberts to unnecessary risk.”
 
 

 

Monday 11 November 2013

Building firm in court over worker’s multiple injuries

A North Yorkshire-based construction company has admitted safety failings that led to one of its employees suffering a fractured skull and eight broken ribs in a four-metre fall.
The 50 year-old construction worker, from Masham, was using a saw to cut through steel sheets of a mezzanine floor when he started to unbalance. He threw the saw through a hole in the metal framework and then fell himself, hitting the concrete floor below.

The incident, on 7 August 2012 at a unit on the Pool Business Park on the outskirts of Leeds, was investigated by the Health and Safety Executive (HSE), which prosecuted Ripley-based HACS Construction Ltd at Leeds Magistrates’ Court.

The court heard the firm had been contracted to lower the mezzanine floor it had previously installed. The injured worker and a colleague had already broken up and disposed of all the concrete and were working on removing the steel sheeting, working in sections and dropping the cut metal to the floor below.

At one point as a steel sheet fell, the employee felt his boot getting closer to an open edge, looked through the hole he had created and felt a panic. He threw the saw through the hole and then fell himself. Although he sustained multiple injuries, he has since been able to return to work.

Magistrates heard HSE found the HACS Construction Ltd had not put any precautions in place to prevent falls from the mezzanine level during the work. The safety harnesses they had provided to the two workers were unsuitable and neither had been given training in how to use them.

HSE said the company had considered the use of a ‘crash deck’ – a safe working platform – at the outset of the work. However, a decision was made not to proceed as it would save time.

HACS Construction Ltd of Nidderdale House, Station Yard, Ripley, Harrogate, was fined a total of £16,000 and ordered to pay £7,847 towards costs after admitting two breaches of the Work at Height Regulations 2005.
After the hearing, HSE Inspector Andy Denison said:

“It is shocking that some construction firms – which are well aware of the high levels of death and injury in their sector as well as the risks involved – are still not fully considering the safety of site workers.

“There were many failings by HACS Construction Ltd that HSE discovered. They had not properly assessed the risks of the job; they didn’t provide the correct equipment to allow it to be done safely; adequate training was not given to the two men; there was no supervision, and they failed to take suitable precautions to prevent a fall.

“There should be no compromises on worker safety, and HSE will continue to take robust action against firms and individuals who fall so far below expected standards.”

Timber firm fined after guillotine severs worker’s hand
A Lancaster timber firm has been fined for serious safety breaches after a guillotine severed the hand of one of its employees.
Charlesworth Tree Care and Fencing Ltd was prosecuted today (1 November 2013) by the Health and Safety Executive (HSE) following the incident at the Old Railway Yard in Middleton, near Carnforth, on 3 June 2010.
 
Lancaster Magistrates’ Court heard the 72-year-old man from Lancaster had been feeding pieces of wood into a diesel-powered guillotine, known as a logger, using his right hand to push wood under the blade and his left hand to operate the lever.
 
As he was doing this, he accidentally pulled down the lever before he had removed his right hand from under the blade. It passed through the top of his hand, just below his knuckles, breaking all the bones in its path and severing all the tendons. The skin on his palm was the only thing left keeping the two parts of his hand together.
 
Surgeons managed to sew his hand back together during a six-hour operation but he had to have part of his little finger amputated and now has very limited movement in his hand.
 
The HSE investigation found the level of guarding on the guillotine fell well below the minimum legal standards, and it should not have been possible to reach under the blade while operating the guillotine.
 
Charlesworth Tree Care and Fencing Ltd, which specialises in fencing, tree surgery and clearance projects, pleaded guilty to a breach of the Provision and Use of Work Equipment Regulations 1998.
 
The company, of Crown Bridge in Kirkby Longsdale, was fined £5,000 and ordered to pay £5,000 towards the cost of the prosecution.
 
Speaking after the hearing, HSE Inspector Michael Mullen said:
 
“A long-serving employee at the firm suffered life-changing injuries because the company’s safety precautions on this machine weren’t anywhere near good enough.
 
“The guillotine had been at the timber yard for over a decade but it wasn’t in daily use and didn’t meet the standards of other equipment owned by the company.
 
“This case should act as a warning to firms to make sure all their equipment meets minimum safety requirements, no matter how frequently or infrequently it is used.”
 
Partnership fined after Norfolk worker severs hand
A Norfolk worker was seriously injured when his hand and arm were pulled into a polishing lathe, a court heard today.
Gavin Nobes, 41, from Dereham, almost lost his left hand in the incident at Marshall Brass in Heckingham on 27 February 2012.

It was severed and had to be reattached through surgery. He also required a further operation to have a metal frame inserted in his wrist and now has limited movement that is likely to be permanent.

Norwich Crown Court was told that Gavin was polishing a cast brass, clock face bezel on a lathe. The bezel snagged on a polishing wheel, caught his hand and arm and drew them towards the machine where they became entangled.

An investigation by the Health and Safety Executive (HSE) found that the polishing lathe was not suitable for polishing the clock face bezel because it presented a high risk of snagging.

Marshall Brass, trading as a partnership, was prosecuted by HSE for failing to arrange an alternative method of polishing the bezel, or adapting the machine or system of work so that the job could be done safely.

The partnership, of Heckingham Hall, Heckingham, Norwich, was fined £2,000 and ordered to pay £20,000 in prosecution costs after pleading guilty of breaching Regulation 4(3) of the Provision and Use of Work Equipment Regulations 1998.

After the hearing HSE inspector Anthony Brookes said:

“This case illustrates the serious and life changing consequences of failing to assess whether a powerful machine is suitable for the task intended.

“Duty holders need to carefully consider whether a particular job presents risks not normally encountered in more routine day-to-day activity, and make the necessary adjustments to ensure a safe system of work remains in place.

“That did not happen here and Gavin has been left with permanent injuries as a result.”

Plumber in court over illegal gas work
A Milton Keynes plumber has been fined after putting householders at risk over many years after he repeatedly carried out gas fitting work while unqualified and unregistered.
Andrew Barnes, trading as APB Home Services Ltd, was found to have undertaken gas fitting work dating back to 2006. An investigation by the Health and Safety Executive (HSE) found that he deliberately and consistently pretended to be officially registered with Gas Safe and its predecessor, CORGI.
Mr Barnes ignored three warning letters from HSE and continued to advertise himself as a competent, registered gas engineer and to undertake illegal work on gas fittings and appliances in homes in the Milton Keynes area.

Milton Keynes Magistrates’ Court heard that Mr Barnes, a plumber for over 30 years, traded as APB Home Services Ltd and was the sole worker in his company. He had never been trained to work with gas and neither he nor his company had ever been on official gas safety registers.

Despite that, the CORGI and Gas Safe logos appeared on his paperwork and on his website, and he regularly issued landlord gas safety records for the work he had completed.

Andrew Barnes, 52, of Furze Way, Wolverton, Milton Keynes was given a three year conditional discharge and ordered to pay costs of £600 after pleading guilty to two breaches of the Gas Safety (Installation and Use) Regulations 1998. APB Home Services was fined £300 and ordered to pay costs of £525 for a single breach of the same Regulations.

After the case, HSE Inspector Robert Meardon said:

“This was not an isolated lapse but a prolonged and deliberate deception that could have put lives at risk across the Milton Keynes area.

“Mr Barnes was well aware of the risks but chose to ignore them – as he chose to ignore the specific warnings from HSE.

“People can die as a result of gas leaks. It is vital that only registered gas engineers, who are trained and competent, work on gas appliances and fittings. Registered engineers are on the Gas Safe Register.

“Unless you are on this Register, you should not undertake this work. If you are a landlord or a home owner, you need to make sure that you only use someone who is on the Register.”

Council fined after school janitor loses toe
Fife Council has been fined for health and safety failings after a school janitor was injured while undertaking chainsaw work.
Craig Davies, then aged 39, a council employee for more than 20 years, lost his toe while cutting back the branches of a tree that had blown down in high winds.

Fife Council was prosecuted after an investigation by the Health and Safety Executive (HSE) found that the council failed to assess risks, implement a safe system of work and instruct and supervise employees on a dangerous task.

Kirkcaldy Sheriff Court was told that in September 2011 Fife Council’s Education Service identified a possible extension to the services provided by school janitors. In addition to simple gardening duties in school grounds, they would undertake basic chainsaw work, particularly on fallen branches or trees, duties which were normally carried out by the Council’s Parks Department.

In November 2011, Mr Davies and two other workers from the educational facility service underwent basic chainsaw training.

On 11 January 2012, Mr Davies was sent to Canmore Primary School in Dunfermline where an ash tree had blown down. On arrival, he realised the job was bigger than anticipated and contacted a colleague for assistance.

The two men set to work, detaching and reducing the branches until they were left with the trunk and a single limb attached at above-shoulder height.
Mr Davies climbed onto the trunk and started cutting through the limb. It sheared away from the trunk, came towards him and landed on his foot trapping it against the trunk.

Mr Davies required three surgical procedures but doctors were unable to save one of his toes. He spent three months recuperating before returning to work.
The HSE investigation concluded Fife Council failed to properly assess the risks to employees in the educational facility service while undertaking chainsaw operations; failed to maintain a safe system of work and provide sufficient training and supervision to enable them to undertake chainsaw work.

Fife Council, of Fife House, North Street, Glenrothes, was fined £20,000 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.   Following the case, HSE Inspector Kerry Cringan, said:
“The failures by Fife Council resulted in Mr Davies suffering a significant and serious injury.

“Chainsaw operations are, by their very nature, hazardous. Fife Council, having reached a position where these employees had the most basic of chainsaw qualifications, dispatched them to single-handedly tackle a job that was far in excess of their capabilities.

“As a result they found themselves in a situation outside of their experience, but without recognising it was beyond their abilities. Employers must ensure that chainsaw operations are carefully planned and supervised, particularly when employees are not experienced in arboricultural work.”

 

Friday 8 November 2013


More than 1,100 construction sites fail safety checks

Poor standards and dangerous practices were found at nearly half of the building sites visited during a month long safety drive.

During a nationwide campaign, the Health and Safety Executive (HSE) visited 2,607 sites where refurbishment or repair work was taking place.

Inspectors found basic safety standards were not being met on 1,105 sites.  On 644 sites, practices were so poor that enforcement action was necessary to protect workers – with 539 prohibition notices served ordering dangerous activities to stop immediately and 414 improvement notice issued requiring standards to improve.

The most common problems identified included failing to protect workers during activities at height, exposure to harmful dust and inadequate welfare facilities.

Heather Bryant, HSE’s Chief Inspector of Construction:

“It is disappointing to find a significant number of sites falling below acceptable health and safety standards, where our inspectors encountered poor practice this often went hand in hand with a lack of understanding. 

“Through initiatives like this we are able to tackle underlying issues before they become established and we will continue to work with the industry in an effort to drive up standards.

“However those who recklessly endanger the health and lives of their workforce can expect to face tough consequences.”

During the month of September, inspectors made unannounced visits to construction sites to ensure they were managing high-risk activity, such as working at height and the control of exposure to harmful dusts.  Inspectors were also looking for good site order, sound structures and basic welfare facilities.

Demolition firm fined after floor collapse

A Neath Port Talbot based demolition firm has been fined £30,000 after two of its workers were injured when a mezzanine floor collapsed on them.

The Health and Safety Executive (HSE) prosecuted Wrexham Demolition and Dismantling Ltd following the incident which took place on 9 September 2008.

Cardiff Crown Court heard that two employees, who do not wish to be named, were dismantling the internal structure of a building at the former NEG factory on Ocean Way in Cardiff.

As part of this work a mezzanine floor needed to be demolished. Most of the mezzanine floor had been removed without incident but an alternative method was required for the last section in order to protect air-conditioning units fixed to the end wall. The method of work adopted for this last section of the mezzanine floor was significantly different and more complex that had been adopted previously.

The company failed to recognise and adapt to the different hazards inherent in the revised system of work and as the employees began to dismantle the floor, a section collapsed, trapping them beneath it.

One employee sustained cracks to his spine and lost the toes and ball of his left foot resulting in him needing a prosthesis. His colleague suffered multiple fractures to his arms, a dislocated elbow and cracked ribs, as well as severe bruising to his back and kidneys.

The court was told the method of work chosen to demolish the last part of the floor was unacceptable and dangerous.

HSE’s investigation revealed that the company had put the safety of its employees at risk by failing to ensure the specific requirements of the job were adequately assessed, planned and supervised.

Wrexham Demolition & Dismantling Ltd of Tank Farm Road, Llandarcy, Neath Port Talbot pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc Act 1974 and was fined £30,000 and ordered to pay costs of £100,074.

Speaking after the hearing, HSE Inspector Wayne Williams said:

“Demolition work is recognised as being a particularly dangerous activity. As a result, it is essential that the work is properly planned and managed, and then carried out in accordance with a robust and safe system of work.

“Two employees of Wrexham Demolition and Dismantling Limited were involved in pre-weakening the supporting pillars of a section of mezzanine floor when it collapsed upon them. The direct cause of the accident was the choice of a totally unacceptable and dangerous method of work to demolish this part of the floor section. The likelihood of the floor prematurely collapsing due to this work was entirely foreseeable but it had not been taken into consideration. The company failed to ensure that the work was adequately assessed, planned and supervised. Consequently, no preventive or mitigating measures had been put in place to reflect the risk of the floor collapsing while the men were working beneath it.

“Both men were put in considerable danger by the choice of the method of work employed by Wrexham Demolition. Both men sustained serious injuries as a result of being struck by the falling masonry and if it were not for their quick thinking, and large element of good fortune, this incident could quite easily have had fatal consequences.”

Engineer’s poor work endangered Plymouth pensioner

A Plymouth gas engineer endangered the life of a pensioner by leaving a fire in an unsafe condition, a court has heard.

Daniel Wiles, 31, of Wesley Place, Plymouth, failed to properly clean the appliance at a home in Villiers Close in the city.

He then failed to declare the fire “at risk” despite it having a damaged and inadequate seal that could have allowed poisonous carbon monoxide fumes to escape.

Mr Wiles was prosecuted by the Health and Safety Executive (HSE) after an investigation found serious concerns with his work.

He was fined a total of £600 and ordered to pay £1,500 in costs and £60 in compensation at Plymouth Magistrates’ Court after pleading guilty a breach of the Gas Safety (Installation and Use) Regulations 1998.

Speaking after the hearing, HSE Inspector, Simon Jones, said:

“Mr Wiles’ failure to declare the fire “at risk” put a pensioner’s life in danger and his neglect could have had tragic consequences. Members of the public who put their trust in gas engineers have a right to expect the work will be done thoroughly.

“In this case, the gas fire should have been properly cleaned, declared unsafe and then isolated because of the poor seal.

“Gas engineers must always ensure they do a proper job when working on gas appliances because lives depend on their actions.”

Company fined after worker loses arm on dangerous conveyor

A recycling company has been fined for safety failings after a worker lost his arm after trapping it between a roller and the belt of a moving conveyor at a site in North East London.

Domingos da Conceicao Freitas, 28, had to have his dominant right arm amputated following the incident at MSK Waste Management and Recycling Ltd, on River Road, Barking, on 17 August 2012. He is no longer able to work and now struggles with day-to-day tasks such as washing and dressing.

Kent-based company MSK was prosecuted by the Health and Safety Executive (HSE) after an investigation identified that the conveyor system posed a clear risk because it was missing important safety guards.

Westminster Magistrates’ Court heard that agency worker Mr Freitas was working on a picking line to sort waste and transfer materials to different bins.

A blockage occurred and he asked by a supervisor to clear it while he and others took a break.

An informal system was in place to clear blockages using a piece of wire that was pushed through an opening in the side of the conveyor frame to hook items from between the roller and the belt.

This was an established practice that had been in place for months, possibly years, and it was usually undertaken by two or three people – one to use the wire, one to stop the conveyor via a control panel situated some 75 feet away and on a different level, and one to act as a go-between relaying instructions.

However, Mr Freitas attempted it on his own, and had no real option but to do so while the conveyor was still switched on because the control panel was so far away.

His arm was caught and drawn into a roller as he accessed the opening in the frame.

HSE established that there were two such openings on the conveyor, neither of which were guarded despite sliding guards being available.

Magistrates were told the incident could have been prevented had the guards been in place, and had there been a safer system of work for clearing blockages that was properly relayed to all workers.

MSK Waste Management and Recycling Ltd, registered to Station Road, Sidcup, Kent, was fined £10,000 and was ordered to pay a further £5,944 in costs plus £5,000 in compensation after pleading guilty to a single breach of the Provision and Use of Work Equipment Regulations 1998.

After the hearing HSE Inspector Gabriella Dimitrov said:

“Mr Freitas has been left with a permanent, life-changing injury as a result of an incident that could easily have been avoided had the conveyor been properly guarded.

“Incidents of this kind occur all too often in the recycling sector, and the onus is on companies like MSK to acknowledge the dangers posed by unsafe machines and risky methods of work for clearing blockages, and to take action.

“We will continue to prosecute when worker safety is compromised.”

Cardboard firm in court over employee’s injuries

A corrugated cardboard manufacturer has been fined after an employee’s arm was dragged into unguarded machinery at a factory in Ellesmere Port.

Prowell Ltd was prosecuted by the Health and Safety Executive (HSE) following the incident at the company’s plant on North Road on 18 April 2012.

Chester Magistrates’ Court heard the 29-year-old male worker from Ellesmere Port, who does not want to be named, had been cleaning around a baling machine used to compress waste cardboard when his right hand became caught, causing crush injuries to his hand and breaking his arm.

The HSE investigation found the company had installed the second-hand baler at the factory early in 2009 but had relocated the control panel and hydraulic power pack to the outside of an enclosure around the machine to reduce the risk of fire. However, this created an unguarded gap on the machine itself.

Magistrates were told the firm failed to carry out a risk assessment on the use of the baler, despite employees being asked to clear out waste cardboard and dust inside the enclosure on a daily basis while the machine was still running. This meant that workers were regularly put at risk of being injured.

Prowell Ltd was fined £4,000 and ordered to pay costs of £7,053 after pleading guilty to single breaches of the Provision and Use of Work Equipment Regulations 1998 and the Management of Health and Safety at Work Regulations 1998 on 24 October 2013.

Speaking after the hearing, HSE Inspector Lisa Bailey said:

“Prowell allowed the baler to operate for over three years without being properly guarded, which ultimately led to a worker being badly injured.

“It should have carefully considered the consequences of removing the control panel and power pack when the machine was first installed at the factory, and assessed the risks to workers.

“The company fitted a temporary mesh guard following the incident and has since installed a permanent fixed and interlocked guard. If these measures had been in place at the time of the incident then the employee’s injuries could have been avoided.”

Sawmill fined after worker’s arm trapped in machine

A Dumfries sawmill has been fined for safety failings after a worker suffered severe injuries to his arm when it became trapped in poorly guarded machinery.

Scott Campbell, then aged 32, was working for Howie Forest Products Ltd at its Kenmuir Sawmills site, in Dalbeattie, when the incident happened on 12 January 2010.

Dumfries Sheriff Court was told that Mr Campbell was working at a wood-stacking machine when he reached over a safety fence to pick up banding strips to tie the planks together. As he did, one of the machine’s arms, which lowers the planks into position, came forward and pinned his right arm against the inside of the fence trapping it.

His arm was then hit by the base block of the machine arm, breaking his elbow and leaving a bone protruding through the skin.

Mr Campbell needed surgery to repair the fracture and did not return to work full-time until four months later. His arm is not expected to recover the full range of movement.

An investigation by the Health and Safety Executive (HSE) identified that a practice had developed for that particular machine whereby pre-cut banding strips were hung through the safety fence making them easily accessible but putting workers at risk of getting too close to machinery.

The court heard that newer stacking machines were safeguarded with light beam grids which would cut out if an operator broke the light beam and could only be restarted by the use of a pull-cord. Angled safety fencing also reduced the size of the recesses around the machines to make it difficult for an operator to stand behind the area covered by the light beams and close to any dangerous moving parts.

The investigation concluded that the company:
Failed to properly access the risks to employees by inadequate guarding of the machine and by a fence that was too close to and too short to protect people close to the machine.

Failed to properly and maintain a safe machine and system of work for employees engaged in stacking and banding planks

Failed to provide adequate safeguarding measures to stop the machine's operation in the event a person got too close to the machine's moving parts.

Failed to prevent the storage of banding strips on the boundary fence where they could fall through the lead to injury to anyone attempting to retrieve them



Howie Forest Products Ltd, of East End, Earlston, Berwickshire, was fined £20,000 after pleading guilty to breaching Section 2 of the Health and Safety at Work etc Act 1974.   Following the case, HSE Inspector Russell Berry said:
“This incident was entirely preventable. If the company had adopted a consistent approach to assessing the risks of all the machines at the site, the higher standard of protection that existed on the newer machines would have prevented this incident from occurring.
“Higher standards of protection on recent machines had been installed since October 2007 and at that point Howie Forest Products should have been aware that the safety measures on this stacking unit were inadequate.”
Boldon firm fined after worker seriously hurt in fall
 
A heating, ventilation and air conditioning company has been fined for safety failings after an employee suffered serious injuries in a fall whilst repairing an extraction unit in Newcastle.
 
Neil Pearson, 27, from Teesside, suffered fractures to his left hand and wrist, and strained his right arm after falling nearly three metres at a premises on the Newburn Industrial Estate on 1 November 2012.
 
Boldon-based HLA Services Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation found that the workers had not been provided with the correct equipment for work at height.
 
Newcastle Magistrates’ Court heard that Mr Pearson was one of two men sent to the site to carry out the repairs. He climbed up a ladder to unfasten the clips which attached a rain cover to the top of the extraction unit.
 
Mr Pearson stepped off the ladder and stood on the small lip at the front of the unit to reach the back clips. He remained standing on the lip while a colleague moved the ladder to the other side of the unit, but fell when the rain cover became unstable.
 
After undergoing two operations, Mr Pearson wore a brace on his left arm for around four months and still struggles with movement and grip in his wrist and hand.
 
Mr Pearson, who is left handed, can no longer work as a commercial catering servicing engineer and has had to retrain in a new occupation.
 
The HSE investigation found the workers had not been provided with a risk assessment or method statement for the work, and that the company failed to ensure the work at height was properly planned.
 
HLA Services Ltd, of Boldon Court, Burford Way, Boldon, was fined £10,000 and ordered to pay £710.50 in costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
 
After the hearing, HSE inspector Sal Brecken, said:
 
“This was a wholly avoidable incident resulting in serious injury.
 
“Work at height is inherently fraught with risk. It is therefore essential that it is properly planned, managed and monitored to ensure it is carried out safely, and that all necessary precautions are taken to prevent falls and protect workers.
 
“If the company had properly planned the work activity and provided suitable equipment, such as a tower scaffold, then it could have been carried out safely. Instead Mr Pearson suffered painful injuries which have had a massive impact on both his work and personal life.”
 
Safety failings led to fractured skull for new worker
 
A Driffield roofing company has appeared in court for safety failings after a young worker suffered a fractured skull just weeks after being hired.
 
The worker, who does not wish to be named, was 20 years old and had started his job with Dodds Roofing Services Ltd barely a month before the incident on 29 September 2011.
 
He was one of four employees installing 25 solar panels on the roof of a farm in Tibthorpe, East Yorkshire, when he fell through a rooflight and hit the concrete floor three metres below. He suffered a fractured skull and temporary partial hearing loss, but has since made a good recovery and returned to work.
 
The Health and Safety Executive (HSE) investigated and  prosecuted Dodds Roofing Services Ltd at Bridlington Magistrates’ Court.
 
The court was told that the firm had provided a scaffold and crawling boards on the outside of the farm building, but had failed to act to adequately prevent a fall or to provide safety measures internally, such as nets or a scaffold, to mitigate the effects of a fall.
 
Dodds Roofing Services Ltd, of The Renewable Energy Centre, Bainton, Driffield, East Yorkshire, was fined £9,000 and ordered to pay £10,000 in costs after pleading guilty to a breach of the Work at Height Regulations 2005.
 
After the hearing, HSE Inspector Alan Sheldon said:
 
“This young man could very easily have sustained even worse injuries. Falls from height are a well-recognised hazard in the construction industry and falls through fragile rooflights are an all-too-common occurrence, and becoming more so with the advent of solar panels.
 
“This was an incident that could have been prevented had Dodds Roofing Services put recognised safety measures in place that were suitable and sufficient to protect their workers from the risks they faced. This could have included work equipment to prevent the fall and/or providing nets or a scaffold within the building in order to mitigate the effects of a fall.”
 
Recycling firm and director sentenced for safety risks to workers
 
A Corby recycling firm have been fined and its director given a suspended jail sentence for endangering workers after allowing them to operate fork lift trucks without proper training and then ignoring a notice requiring urgent action to address the safety failing.
 
Northampton Magistrates’ Court heard  that despite an Improvement Notice being served by the Health and Safety Executive (HSE) against BB Recycling on 29 November 2011, the necessary training was continually overlooked even after a deadline to comply was extended until 28 February 2012.
 
The company and director Russell Wayne Armer were also found to have no employer’s liability insurance, which is compulsory for all employers.
 
BB Recycling, of Pilot Road, Corby, was fined a total of £300 and ordered to pay £340 in costs after pleading guilty to single breaches of the Provision and Use of Work Equipment Regulations 1998,  the Health and Safety at Work etc Act 1974 and the Employers’ Liability (Compulsory Insurance) Act 1969.
 
Director Russell Wayne Armer, of, Furlong Street , Desborough, Northamptonshire, also pleaded guilty to the same three breaches.  He was given a fourth month prison sentence, suspended for two years, and ordered to pay a victim surcharge of £80. The court have also applied to disqualify Mr Armer from acting as a company director, managing or in any way controlling a company for at least five years.
 
Speaking after the hearing, HSE Inspector Roger Amery said:
 
“Employees were placed in unnecessary danger, but thankfully the situation was resolved before any one was injured.
 
“The requirement to train fork lift operators is long established across all industries so there is no excuse for this company and its director to blatantly ignore what was required as well as a notice that explicitly called for remedial action.
 
“Possessing valid employers’ liability insurance, meanwhile, is mandatory for all businesses. So I doubt that many employers will have much sympathy for a firm that was operating without this.”
 
Firm fined for vibrating tool failings
 
An East Sussex worker developed a painful and debilitating nerve condition through prolonged, unrestricted use of vibrating power tools, a court has heard.
 
Andrew Wood, 35, from Heathfield, is likely to suffer chronic pain in both hands for the rest of his life as a result of his work for C J Gowing and Son Ltd between July 2010 and March 2012.
 
The family-run construction company was prosecuted by the Health and Safety Executive (HSE) after an investigation found there was no control of vibration risks and no health surveillance.
 
The firm also allowed unsafe work at height and failed to support the sides of a deep excavation, which could have collapsed – as revealed in photographs taken by Mr Wood.
 
Brighton Magistrates’ Court heard that his work for C J Gowing and Son involved extensive use of vibrating power tools, including hydraulic breakers, to break out concrete floors and foundations.
 
A sensation of pins and needles in his hands intensified over time and by March 2012 the pain was so severe he was unable to sleep. He was subsequently diagnosed with bilateral carpal tunnel syndrome, which required surgery. Despite several operations he can no longer lift heavy objects or do everyday tasks like turn the pages of a book or open a bottle. The father of four is unable to work as a result.
 
HSE established that his employer had not assessed the risks of using vibrating tools for prolonged periods, and had failed to implement any control measures, such as limiting use of hydraulic breakers and the like. Inspectors also found that he had received no health surveillance during his employment. Had his health been routinely monitored, his condition could have been identified before it became acute.
 
The court was told that in his dealings with HSE, Mr Wood provided photographs of other failings by the company, including images of a site foreman working from a pallet raised to a roof line by a forklift truck.
 
Both these and his photos of an unsupported excavation were accepted as evidence of further safety breaches.
 
C J Gowing and Son Ltd, of Sharlands Lane, Blackboys, East Sussex, pleaded guilty to four separate breaches of the Control of Vibration at Work Regulations 2005 and single breaches of the Work at Height Regulations 2005 and the Construction (Design and Management) Regulations 2007. The company was fined a total of £45,000 and ordered to pay a further £4,670 in costs.
 
After the hearing HSE Inspector Amanda Huff said: “Carpal tunnel syndrome is a painful and debilitating condition that Mr Wood  need not have developed had his health and his use of vibrating tools been  properly monitored and controlled.
 
“The onus is on employers like C J Gowing to fully consider the risks arising  from prolonged use of equipment like hand held breakers, and to ensure their  workforce is adequately protected.
 
“That didn’t happen here and Mr Wood now faces a lifetime of discomfort.”
 
Dad paralysed in fuel tank explosion
 
A Heysham firm which manufactures airport fuel tanks has been ordered to pay £91,000 in fines and costs after a father-of-three suffered horrific injuries in an explosion.
 
Karol Robaczewski was cleaning the inside of a 20,000 litre fuel tank, known as a bowser, when he was engulfed by a fireball that caused severe burns and left him almost completely paralysed.
 
Fuel Proof Ltd was prosecuted after an investigation by the Health and Safety Executive (HSE) into the incident at Middleton Industrial Estate in Heysham on 9 September 2011 identified serious safety failings.
 
Preston Crown Court heard the 38-year-old, from Morecambe, had climbed through a manhole cover on top of the six-metre-long tank and was cleaning the inside by applying a highly flammable solvent to a cloth and then wiping down the walls.
 
Mr Robaczewski decided that the lamp inside the tank was getting too hot and so he pulled the plug from its socket. As he did this, a spark caused the fumes to ignite and he was surrounded by flames, which were witnessed shooting into the air up to two meters above the manhole cover.
 
The fire was so hot that it melted the visor on his mask and his protective suit, so that only the elastic from the collar and cuffs were left.
 
Mr Robaczewski suffered multiple burns over most of his body, including his arms, legs and face, his hair and eyebrows were burnt off, and his lips badly burnt. He was in hospital for three months and is now almost totally paralysed.
 
The HSE investigation found the method of cleaning the fuel tanks with a highly flammable solvent had been used since 2007, but Fuel Proof had failed to carry out any kind of risk assessment.
 
There was no supervision of workers or monitoring of the fumes inside the tank, and the masks and lighting provided were entirely unsuitable.
 
The court was told the tanks needed to be spotlessly clean before being delivered to customers in the aviation industry to avoid dirt getting into the fuel used by aeroplanes. Workers took it in turns to clean each tank as the build-up of fumes from the solvent made them feel sick.
 
The day after the incident, the company decided it did not need to use a solvent to clean the fuel tank and instead used soapy water.
 
Fuel Proof Ltd was fined £66,000 and ordered to pay prosecution costs of £25,000 after pleading guilty to a charge under the Health and Safety at Work etc Act 1974 on 28 October 2013.
 
Speaking after the hearing, HSE Inspector Rose Leese-Weller said:
 
“Karol suffered horrific injuries in the explosion and will need to use a wheelchair for the rest of his life.
 
“It is shocking that Fuel Proof allowed workers to use a highly flammable solvent to clean the inside of fuel tanks for four years without giving a single thought to the risks.
 
“What’s even more appalling is that there was never any need for workers to use solvents to clean the tanks, as the company now uses soapy water to clean them out.
 
Firms should carefully consider whether they actually need to use flammable substances and, if they do, then find a safe way of using them, so that no one else has to suffer the terrible injuries inflicted on Karol.”
 
Karol said:
 
“I wish that what has happened to me never happens to anyone else. I am not able to lift my arms, move my legs and feet or hold anything in my fingers and hands.
 
“Every morning after breakfast, I am moved into my wheelchair and stay there until it’s time for bed.
 
“Generally, I am very bored and frustrated. I am not able to do anything I used to do before the accident such as drive a car, go to karate sessions or play my trumpet which I played since the age of 12.
 
“I can’t play football with my son or give my children a cuddle, and my life will never be the same again.”
 
Chorley car salvage firm fined over mechanic’s severe burns
 
A car mechanic suffered severe burns when the inspection pit he was standing in burst into flames, a court has heard.
 
CCTV of the incident shows Lee Roberts, 33 from Wigan, walking into a pit to remove fuel from underneath a van at Douglas Valley Breakers Ltd’s workshop on Blainscough Lane in Coppull on 22 July 2010. Seconds later, he is seen running out as fire engulfs the pit.
 
The company was prosecuted after a joint investigation by the Health and Safety Executive (HSE) and Lancashire Fire and Rescue Service discovered multiple health and safety failings.
 
Preston Crown Court was told the company regularly removes engine and gearbox oil, coolant, air conditioning liquid and fuel from old vehicles so they can be used for scrap.
 
It was common practice for employees to puncture the fuel tank on vehicles to allow fuel to drain into an open container on the floor of the pit. An electric drill was also sometimes used to make a hole in the tank.
 
The investigation concluded that the most likely cause of the fire was that the drained fuel was set alight by a spark from the electric drill or an extension lead in the pit.
 
The fire grew rapidly due to the presence of petrol and was further fuelled by plastic car body parts and items of vehicle upholstery, spreading to involve the whole of the workshop.
 
A major response was required from Lancashire Fire and Rescue Service to bring the fire under control and, with the assistance of Lancashire Police, to ensure the safety of people nearby.
 
Mr Roberts sustained severe burns to his hands, legs and nose in the fire, and he has not been able to return to work since the incident. He said:
 
“I still remember the noise of the petrol fumes igniting and a wave of blue flames engulfing the pit. The pain was instant and intense.
 
“They put me into an induced coma to stop the pain, and it was at least a couple of days later when I came around. When I woke up, I could feel the pain immediately.
 
“Even now, more than three years later, I still suffer flashbacks that cause me to wake in the middle of the night in a cold sweat. I haven’t been able to work since the accident and feel that I no longer want to be a car dismantler – the only trade I have ever known.”
 
The court was told Douglas Valley Breakers should never have allowed fuel to be drained into inspection pits, where vapours could accumulate, and it should have made sure there were no ignition sources nearby, such as electrical equipment.
 
The company also failed to ensure fuel was safely removed from the vehicle, despite having a piece of equipment that could be used to drain it into a sealed container.
 
While inspecting CCTV from the site, HSE inspectors identified several other incidents of unsafe behaviour. These included workers climbing up the outside of storage racks, and riding on the forks of a telehandler to reach items high up on the racks.
 
Lancashire Fire and Rescue Service also found the company did not have suitable fire detectors and alarms, failed to provide adequate fire safety training to staff, and failed to have appropriate procedures in place for dealing with fires.
 
Douglas Valley Breakers Ltd, of Bradley Lane in Standish near Wigan, pleaded guilty to two breaches of the Dangerous Substances and Explosive Atmospheres Regulations 2002, one breach of the Work at Height Regulations 2005 and two breaches of the Regulatory Reform (Fire Safety) Order 2005. The company was fined a total of £40,000 and ordered to pay £25,000 in costs.
 
Speaking after the hearing, HSE Inspector David Myrtle said:
 
“Lee suffered severe burns as a result of this incident but he was very lucky not to have been killed.
 
Douglas Valley Breakers was guilty of several serious safety breaches. It failed to properly consider the risks its employees faced while removing fuel from vehicles, or to do anything about them. It was therefore almost inevitable that a worker would be badly burned in a fire.
 
“The company had the right equipment to do the job properly but instead it allowed workers to stand in a pit surrounded by fuel vapours where just one spark from electric equipment could start a fire.
 
“If the fuel had been removed in a well-ventilated area, or even outside, without any ignition sources nearby then the severe burns Lee suffered could have been avoided. Sadly, our investigation found the company’s overall attitude to health and safety was poor to say the least.”
 
Assistant Chief Fire Officer David Russel added:
 
“Lancashire Fire and Rescue Service is reminding all business owners and occupiers of their legal responsibility to protect their staff and customers against the risk of fire, and warning that we will take action against anyone found to be in breach of fire safety regulations.
 
“We are here to advise and give support to local businesses and are always willing to help make sure they comply with fire safety legislation. However, where breaches of fire safety regulations place persons at risk of death or serious injury, the fire service will consider prosecution.
 
“It is a legal requirement for places of work to have a Fire Risk Assessment and guidance is available on our website. If employers are unsure about their own ability to undertake a fire risk assessment within their premises they should seek advice from a competent person.”
 
Waltham Forest builders in court
 
A Leyton building firm has been fined after a labourer suffered multiple leg fractures in a fall when a newly-built first floor collapsed under the weight of concrete blocks weighing some 1.6 tonnes.
 
The 48 year-old casual labourer fell three metres to the ground at the site in Harpers Yard, Ruskin Road, Tottenham, on 14 September 2012, with the concrete blocks falling around him.
 
He sustained serious breaks in the lower leg bones and needed a major operation and a skin graft. He still cannot walk properly and is unable to return to work.
 
A colleague at ground level narrowly escaped being hit.
 
The Health and Safety Executive (HSE), which investigated the incident, found Cosmos Builders 88 Ltd had allowed the load capacity of the floor to be exceeded by seven times.
 
HSE prosecuted the building firm at Westminster Magistrates’ Court after finding a series of flaws in the construction work and numerous risks of falling from height faced by workers at the site.
The court heard that instead of laying three courses of blocks onto joist hangers, the first floor had been loaded with two piles, each of 88 concrete blocks weighing 1.6 tonnes. The labourer was piling up the blocks on the first floor and without the vital strengthening block work, the collapse was inevitable.
 
Cosmos Builders was aware of the correct construction method, as eight previous houses on site had been properly completed, but had gone ahead regardless to ‘keep the workers busy’.
 
HSE inspectors also found poor management had led to builders had been put in unnecessary danger by being told to work at height in areas where there were no safety measures in place. When questioned at the time, the company said they wanted to keep the workers busy while awaiting for scaffolders to arrive.
 
Cosmos Builders 88 Ltd, of Elm Park Road, Leyton, Waltham Forest, London, was fined a total of £6,000 and ordered to pay £4,000 in costs after pleading guilty to a breach of the Work at Height Regulations and a separate breach of the Construction (Design and Management) Regulations.
 
After the hearing, HSE Inspector Keith Levart said
 
"Both offences were caused because the Cosmos Builders instructed workers to undertake tasks that they knew to be unsafe, but were unwilling to halt the work.
 
“In terms of the collapse, the firm cut corners by not carrying out the first floor work to the accepted standard and then allowed it to become grossly overloaded. As a result, a casual labourer has suffered an injury that may prevent him from returning to manual employment for a considerable time.
 
“Cosmos Builders 88 Ltd did not pay enough attention to the tasks being undertaken and failed to fully appreciate the risks involved. For this reason, it is hugely important that if something alters on site, such as materials being late, managers must take the responsibility to re-assess the risks and make sure there are no unintended – and possibly fatal – consequences.” In London last year (2012/13), provisional statistics show eight deaths were recorded in the construction sector, more than was recorded in any other region of Great Britain. The previous year, there were five fatalities and nearly 500 major injuries.
 
Worker lost arm in conveyor at South Wales recycling firm
 
An experienced worker had his right forearm pulled off by a conveyor belt as he was trying to clean it, a court heard.
 
Stephen John, 57, of Baglan Moors, Port Talbot, was working for Neath Port Talbot Recycling Ltd in Swansea when the incident happened on 11 May 2011.
 
Swansea Crown Court fined the company a total of £90,000 and ordered it to pay £50,000 in costs in a prosecution brought by the Health and Safety Executive (HSE).
 
The court heard that Mr John was asked to clean a conveyor which had become blocked with a sticky black substance known as flack.
 
The company did not have any risk assessment or safe system of work for completing this task, and experienced employees like Mr John had developed their own way of cleaning the conveyor belt roller.
 
This system of work was devised partly because the control switch was located some distance away from the actual conveyor.
 
To clean the rollers, one employee stood by the control switch, which is out of sight from the conveyor, and a second person inserted a bar and scraped the flack from the roller. He then inserted his arm to wipe away the flack.
 
A command was given to the switch controller and the conveyor was started and stopped quickly. The process was repeated until the roller was clean.
 
On the day of the incident, Mr John inserted his arm and was wiping the flack away. He then passed the bar to a work colleague. The switch controller misinterpreted this as a signal and started the conveyor.
 
Mr John’s right forearm was trapped and amputated by the conveyor belt. His arm was severed below the elbow and could not be reattached by surgeons.
 
Speaking after the hearing, HSE Inspector Sarah Baldwin-Jones said:
 
“Mr John suffered a serious and permanent injury. The potential for greater harm or a fatal incident was also a realistic possibility.
 
“The company failed to fully guard the conveyor around the tail end roller and this failure resulted in employees having access to dangerous parts of the machine. The risk of entrapment is well known in the industry, and this company could have taken simple steps to fit guarding.
 
“There was also no line of sight between Mr John and the employee operating the machinery and the company failed to carry out a risk assessment when the conveyor was installed. They also failed to devise a safe way of cleaning the rollers and to instruct employees on how to clean them safely.
 
Neath Port Talbot Recycling of Crymlyn Burrows, Swansea, pleaded guilty to breaching Regulation 11 of the Provision and Use of Work Equipment Regulations 1998 and Section 2 (1) of the Health and Safety at Work etc Act 1974. The company was fined a total of £90,000 and ordered to pay costs of £50,000.
 
Council and decorating firm prosecuted for asbestos failings
 
North Warwickshire Borough Council and a Birmingham decorating firm have been fined after workers were exposed to potentially-deadly asbestos fibres.
 
Leamington Spa Magistrates’ Court was told that the council was refurbishing its community centre in Eastlang Road, Fillongley, on 13 March 2012 when it sent its contractor, Intal Decorators Limited, to remove asbestos insulation board.
 
The material should have been removed under controlled conditions by a licensed contractor. Instead it was spread around the site by the decorating firm’s staff.
 
The matter came to light when other tradesmen on the site realised what was happening and reported the situation to managers, which led to a visit from the Health and Safety Executive (HSE).
 
HSE’s subsequent investigation revealed the council had undertaken a survey detailing the presence of asbestos but had failed to pass information on to Intal Decorators Limited.
 
The firm had also failed to carry out its own assessment of the insulation boards to check whether asbestos was present.
 
North Warwickshire Borough Council, of South Street, Atherstone, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 for failing to provide sufficient information and instruction to its contractors regarding the presence, nature and scope of work involving asbestos. It was fined £10,000 and ordered to pay costs of £1,200.
 
Intal Decorators Limited, of Rough Road, Birmingham, pleaded guilty to breaching Regulation 5 of the Control of Asbestos Regulations 2012 for removing asbestos-containing materials without carrying out an assessment. It was fined £5,000 and ordered to pay a further £500 in costs.
 
Speaking after the hearing, HSE inspector Paul Cooper said:
 
“Refurbishment and demolition work must be planned and carefully thought through, especially where asbestos may be present. It is reasonable to expect North Warwickshire Borough Council to have planned its work in such a way that workers were not put at risk of exposure to this deadly material.
 
 “Intal Decorators Limited should have undertaken an assessment of the risks involved in its activities at the community centre and fulfilled its responsibilities as a contractor and employer to protect those on site.
 
 “As a result of these failures Intal employees, and potentially other tradesmen on site, were exposed to harmful asbestos fibres.”