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.
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.”
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