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 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
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
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.”
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.”
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