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Rob Anderson
Director
Thursday 28 August 2014
Wednesday 27 August 2014
Stonehaven firm fined £240,000 after driver crushed to death
- A Stonehaven animal feed company has been fined £240,000 after a lorry driver was crushed to death when a two-tonnes, fully-loaded grain bin fell onto him from a forklift truck.
David Leslie, 49, of Balmedie, worked for a feed services firm and was picking up a load from East Coast Viners Grain LLP’s site in Drumlithie, Stonehaven, when the incident happened on 18 March 2013.
Aberdeen Sheriff Court heard that Mr Leslie was helping with the loading operation. He was standing near the base of the grain elevator, which carries the animal feed up and drops it into a bulk transporter, and was ready to pull the lever in the grain bin to release the feed once it was in position.
The forklift driver picked up the grain bin, which weighed around 600kg and held 1.5 tonnes of feed, and raised the forks to about five and a half feet to allow better visibility as he moved forwards. However, the bin started to move on the forks and he shouted a warning, but Mr Leslie was in front of the forklift when the bin fell off the forks and struck him.
Mr Leslie died after suffering crush injuries to his head, neck and chest.
An investigation by the Health and Safety Executive (HSE) revealed East Coast Viners Grain LLP did not have in place a safe system of work for the task and operators were left to carry it out in any way they saw fit. The company had assumed the forklift training they had received from an external provider would cover safe working.
Although the company’s site rules required visiting drivers to keep away from the loading operation until advised by the forklift driver, this was not communicated to employees or drivers. As a result employees regularly allowed visiting drivers to help loading by pulling the grain bin lever to release the feed. Supervisors were on site and aware that this was happening.
HSE also found that despite previous incidents of grain bins slipping from the forks of the trucks, no mechanism or device to secure them had been installed. There was also poor visibility in the loading area where the forklifts were operating; failures in work systems and in training for employees.
Since the incident the company has stopped using metal grain bins and now only uses cloth bags. It has updated its risk assessments and work procedures and now prevents visiting drivers from assisting in lifting operations. Visiting drivers are also asked to sign that they have read the site rules.
The court heard the company had been fined £4,000 in April 2011 for a breach of Section 2(1) of the Health and Safety at Work etc Act 1974 following an incident in which a mill operative suffered head injuries when he fell from an excavator bucket in December 2009.
East Coast Viners Grain LLP, of Broadwood, Drumlithie, Stonehaven, Aberdeenshire, was fined £240,000 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
Following the case, HSE Principal Inspector Niall Miller, said:
“East Coast Viners Grain LLP’s failure to act to make sure its employees and visiting drivers were adequately protected during loading operations, has led to the tragic death of Mr Leslie, which could have been so easily prevented.
“The issues with unsecured loads on forklift trucks and the dangers of inadequate segregation of vehicles and people are well-known in all relevant industries. Around a quarter of all workplace transport incidents involve forklift trucks, with 50 per cent of these happening because someone is hit either by the vehicle or a falling load.
“It was entirely foreseeable that there was a risk of death or serious injury if the grain bin fell from the forklift truck, particularly as the company was aware of previous incidents of loads falling.”
Suspended prison sentence after faulty gas service leaves tenant unconscious
Aberdeen Sheriff Court heard that Mr Leslie was helping with the loading operation. He was standing near the base of the grain elevator, which carries the animal feed up and drops it into a bulk transporter, and was ready to pull the lever in the grain bin to release the feed once it was in position.
The forklift driver picked up the grain bin, which weighed around 600kg and held 1.5 tonnes of feed, and raised the forks to about five and a half feet to allow better visibility as he moved forwards. However, the bin started to move on the forks and he shouted a warning, but Mr Leslie was in front of the forklift when the bin fell off the forks and struck him.
Mr Leslie died after suffering crush injuries to his head, neck and chest.
An investigation by the Health and Safety Executive (HSE) revealed East Coast Viners Grain LLP did not have in place a safe system of work for the task and operators were left to carry it out in any way they saw fit. The company had assumed the forklift training they had received from an external provider would cover safe working.
Although the company’s site rules required visiting drivers to keep away from the loading operation until advised by the forklift driver, this was not communicated to employees or drivers. As a result employees regularly allowed visiting drivers to help loading by pulling the grain bin lever to release the feed. Supervisors were on site and aware that this was happening.
HSE also found that despite previous incidents of grain bins slipping from the forks of the trucks, no mechanism or device to secure them had been installed. There was also poor visibility in the loading area where the forklifts were operating; failures in work systems and in training for employees.
Since the incident the company has stopped using metal grain bins and now only uses cloth bags. It has updated its risk assessments and work procedures and now prevents visiting drivers from assisting in lifting operations. Visiting drivers are also asked to sign that they have read the site rules.
The court heard the company had been fined £4,000 in April 2011 for a breach of Section 2(1) of the Health and Safety at Work etc Act 1974 following an incident in which a mill operative suffered head injuries when he fell from an excavator bucket in December 2009.
East Coast Viners Grain LLP, of Broadwood, Drumlithie, Stonehaven, Aberdeenshire, was fined £240,000 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
Following the case, HSE Principal Inspector Niall Miller, said:
“East Coast Viners Grain LLP’s failure to act to make sure its employees and visiting drivers were adequately protected during loading operations, has led to the tragic death of Mr Leslie, which could have been so easily prevented.
“The issues with unsecured loads on forklift trucks and the dangers of inadequate segregation of vehicles and people are well-known in all relevant industries. Around a quarter of all workplace transport incidents involve forklift trucks, with 50 per cent of these happening because someone is hit either by the vehicle or a falling load.
“It was entirely foreseeable that there was a risk of death or serious injury if the grain bin fell from the forklift truck, particularly as the company was aware of previous incidents of loads falling.”
Suspended prison sentence after faulty gas service leaves tenant unconscious
- A Suffolk gas engineer has been handed an 18 week suspended prison sentence after carbon monoxide fumes from an incorrectly serviced gas-fired heater left a tenant unconscious.
Greg Ranson, 27, a Gas Safe registered engineer from Ipswich, was prosecuted by the Health & Safety Executive (HSE) following safety failings which led to the leak of the poisonous gas.
Ipswich Magistrates’ Court heard that Mr Ranson had been hired to service a gas-fired warm air heater at a ground-floor flat in Sproughton in April 2013 before William Tumilty, 59, moved in in May.
As the weather was mild, the heating system was not turned on until November 2013. However, once the heater was operating Mr Tumilty immediately fell ill, and did so again when the heating was used the next day.
On the third day, the heating came on automatically at 4.00pm and at about 7.00pm Mr Tumilty collapsed unconscious in the hallway. He regained consciousness at 7.45 am the next day. Hospital tests confirmed he had been poisoned by carbon monoxide.
The occupants of a maisonette directly above the flat – a young couple with a two year-old child – were also affected by the potentially lethal fumes and required hospital treatment.
HSE’s investigation established that the source of the carbon monoxide was the gas-fired heater. Examination revealed the heat exchanger assembly had been blocked by a fine dust which was preventing the harmful by-products of combustion escaping safely up the flue. The heat exchanger should have been inspected and cleaned during the service undertaken by Mr Ranson but did not appear to have been cleaned for several years.
Greg Ranson, trading as Ranson Plumbing and Heating Ltd, of Downing Close, Ipswich, was given an 18 weeks prison sentence, suspended for 18 months, and ordered to pay compensation totalling £1,500 to three victims, as well as costs of £813 after pleading guilty to a single breach of the Health & Safety at Work Act 1974.
After the case, HSE Inspector Anthony Brookes said: “Fortunately cases like this are rare but they illustrate the care and diligence required on the part of qualified gas engineers to ensure gas-fired appliances are safe to use.
“People can die as a result of carbon monoxide poisoning, and, by his negligence, Mr Ranson could have caused the death of Mr Tumilty and his neighbours.”
Ipswich Magistrates’ Court heard that Mr Ranson had been hired to service a gas-fired warm air heater at a ground-floor flat in Sproughton in April 2013 before William Tumilty, 59, moved in in May.
As the weather was mild, the heating system was not turned on until November 2013. However, once the heater was operating Mr Tumilty immediately fell ill, and did so again when the heating was used the next day.
On the third day, the heating came on automatically at 4.00pm and at about 7.00pm Mr Tumilty collapsed unconscious in the hallway. He regained consciousness at 7.45 am the next day. Hospital tests confirmed he had been poisoned by carbon monoxide.
The occupants of a maisonette directly above the flat – a young couple with a two year-old child – were also affected by the potentially lethal fumes and required hospital treatment.
HSE’s investigation established that the source of the carbon monoxide was the gas-fired heater. Examination revealed the heat exchanger assembly had been blocked by a fine dust which was preventing the harmful by-products of combustion escaping safely up the flue. The heat exchanger should have been inspected and cleaned during the service undertaken by Mr Ranson but did not appear to have been cleaned for several years.
Greg Ranson, trading as Ranson Plumbing and Heating Ltd, of Downing Close, Ipswich, was given an 18 weeks prison sentence, suspended for 18 months, and ordered to pay compensation totalling £1,500 to three victims, as well as costs of £813 after pleading guilty to a single breach of the Health & Safety at Work Act 1974.
After the case, HSE Inspector Anthony Brookes said: “Fortunately cases like this are rare but they illustrate the care and diligence required on the part of qualified gas engineers to ensure gas-fired appliances are safe to use.
“People can die as a result of carbon monoxide poisoning, and, by his negligence, Mr Ranson could have caused the death of Mr Tumilty and his neighbours.”
Letting agency ignored need for property’s gas safety checks
- A Birmingham lettings agency has been fined after failing to ensure gas safety checks were made on a property it managed, potentially putting tenants’ lives at risk.
MT Properties Central Ltd, based in Small Heath, failed to arrange the statutory landlord gas safety check on the property it leased to tenants in Stechford, and subsequently failed to produce any confirmation the checks had been carried out.
The Health and Safety Executive (HSE) was made aware of concerns over the existence of a gas safety record for the property and tried several times to get a response from the company. After hearing nothing from them, HSE issued an Improvement Notice on the company on 16 August 2013.
Birmingham Magistrates’ Court heard that the Notice required MT Properties to employ a Gas Safe registered engineer to carry out the necessary checks by 6 September 2013 and produce evidence that the Notice had been complied with.
However, the company failed to comply with the notice or to request an extension. The notice remains open today and HSE is awaiting evidence of compliance.
MT Properties Central Ltd of Green Lane, Small Heath, pleaded guilty to breaching the Gas Safety (Installation and Use) Regulations 1998 and the Health and Safety at Work etc Act 1974, and was fined £2,000 and ordered to pay costs of £957.
Speaking after the hearing, HSE inspector Karl Raw said: “MT Properties Central Ltd had plenty of time to comply with HSE’s enforcement notice so there was no excuse for failing to do so, particularly for a property management and letting business. A gas safety check by a registered engineer can be organised quickly and easily and cost as little as £60.
“By not carrying out their duty as a landlord, MT Properties Central Ltd potentially put lives and property in danger by flouting the laws that are designed to protect people in their homes while using gas appliances.”
Chief executive of Gas Safe Register, Russell Kramer, added: “When it comes to rented property, it is vital that landlords know their duties and tenants know their rights. A landlord must be able to provide a gas safety record for the property to show that the gas appliances have been safety checked by a Gas Safe registered engineer in the last 12 months.
The Health and Safety Executive (HSE) was made aware of concerns over the existence of a gas safety record for the property and tried several times to get a response from the company. After hearing nothing from them, HSE issued an Improvement Notice on the company on 16 August 2013.
Birmingham Magistrates’ Court heard that the Notice required MT Properties to employ a Gas Safe registered engineer to carry out the necessary checks by 6 September 2013 and produce evidence that the Notice had been complied with.
However, the company failed to comply with the notice or to request an extension. The notice remains open today and HSE is awaiting evidence of compliance.
MT Properties Central Ltd of Green Lane, Small Heath, pleaded guilty to breaching the Gas Safety (Installation and Use) Regulations 1998 and the Health and Safety at Work etc Act 1974, and was fined £2,000 and ordered to pay costs of £957.
Speaking after the hearing, HSE inspector Karl Raw said: “MT Properties Central Ltd had plenty of time to comply with HSE’s enforcement notice so there was no excuse for failing to do so, particularly for a property management and letting business. A gas safety check by a registered engineer can be organised quickly and easily and cost as little as £60.
“By not carrying out their duty as a landlord, MT Properties Central Ltd potentially put lives and property in danger by flouting the laws that are designed to protect people in their homes while using gas appliances.”
Chief executive of Gas Safe Register, Russell Kramer, added: “When it comes to rented property, it is vital that landlords know their duties and tenants know their rights. A landlord must be able to provide a gas safety record for the property to show that the gas appliances have been safety checked by a Gas Safe registered engineer in the last 12 months.
Buxton food packaging firm in court over forklift injuries
- A food packaging company in Buxton has been fined after an employee suffered severe injuries to his leg when he was struck by a forklift truck.
Primopost Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation found the company did not have a safe system of work in place at its factory at Staden Park.
High Peak Magistrates’ Court in Buxton heard that Michael Booth had just given some cleaning materials to a colleague, who was working on a machine, when the incident happened on 20 November 2012.
As he stepped backwards to turn around, he was hit by a forklift truck carrying a large reel of printed film. The 42-year-old from Buxton broke his right leg in three places and was in hospital for six days, where he had metal bars and pins inserted.
The court was told there should have been a separate walkway to keep pedestrians away from vehicles, or the company should have found another way of moving goods around the factory.
Following the incident, the firm began using pallet trucks which are much safer than forklifts as they are operated by someone walking behind them and run at a slower speed.
Primopost Ltd, of Staden Lane in Buxton, was fined £30,000 and ordered to pay £2,979 in prosecution costs after pleading guilty to single breaches of the Workplace (Health, Safety and Welfare) Regulations 1992 and the Management of Health and Safety at Work Regulations 1999.
Speaking after the hearing, HSE Inspector Stuart Parry said:
“Michael suffered injuries which have had a significant impact on his life because the factory where he was working wasn’t safe.
“Forklift trucks are responsible for around a quarter of all injuries involving workplace transport and so it’s vital companies have systems in place to keep them away from pedestrians. This can be as simple as painting a white line on the floor.
“Alternatively, they should find other ways of moving goods around factory floors. If pallet trucks had been in use at the time of the incident – as they are now – then Michael’s injuries could have been avoided.”
High Peak Magistrates’ Court in Buxton heard that Michael Booth had just given some cleaning materials to a colleague, who was working on a machine, when the incident happened on 20 November 2012.
As he stepped backwards to turn around, he was hit by a forklift truck carrying a large reel of printed film. The 42-year-old from Buxton broke his right leg in three places and was in hospital for six days, where he had metal bars and pins inserted.
The court was told there should have been a separate walkway to keep pedestrians away from vehicles, or the company should have found another way of moving goods around the factory.
Following the incident, the firm began using pallet trucks which are much safer than forklifts as they are operated by someone walking behind them and run at a slower speed.
Primopost Ltd, of Staden Lane in Buxton, was fined £30,000 and ordered to pay £2,979 in prosecution costs after pleading guilty to single breaches of the Workplace (Health, Safety and Welfare) Regulations 1992 and the Management of Health and Safety at Work Regulations 1999.
Speaking after the hearing, HSE Inspector Stuart Parry said:
“Michael suffered injuries which have had a significant impact on his life because the factory where he was working wasn’t safe.
“Forklift trucks are responsible for around a quarter of all injuries involving workplace transport and so it’s vital companies have systems in place to keep them away from pedestrians. This can be as simple as painting a white line on the floor.
“Alternatively, they should find other ways of moving goods around factory floors. If pallet trucks had been in use at the time of the incident – as they are now – then Michael’s injuries could have been avoided.”
Timber firm fined after worker crushed by tree
- A Herefordshire timber firm has been fined after a worker was crushed against a machine by a tree trunk.
The 24-year-old forestry operator, who has asked not to be named, fractured his hip and damaged a knee in the incident at Westhide Wood on 24 August 2012.
He was hospitalised for two weeks, and has had to seek alternative employment in another industry because he can no longer do manual work. He is also no longer playing sport at the level he used to.
Hereford Magistrates’ Court heard that he was one of a two-man team working for Leominster-based Chalford Timber Ltd. One was using a large forestry vehicle called a forwarder to crane trees into position to enable the injured worker to chainsaw the trunks into three-metre lengths.
One tree became tangled in the branches of another as it was being moved and when it broke free hit him, forcing him against the machine.
An investigation by the Health and Safety Executive (HSE) found the company had not followed established industry procedures to ensure no-one was within the “risk zone” of the machine while it was in operation. The operator of the machine should have ensured that the man on the ground was clear of the designated working zone, in a safe area and in view.
Chalford Timber Ltd, of Nordan, Leominster, Herefordshire, was fined £8,000 and ordered to pay £16,335 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
After the hearing, HSE inspector Christopher Gregory said: “This was an incident that should have not have been allowed to occur. Forestry practices are high risk and potentially dangerous, and those who work in the industry should be fully aware of the risks. Workers and machinery should, wherever possible, be kept well apart due to the unpredictability of the work and the consequences of what can happen if it goes wrong.
“There is long established guidance for such work drawn up by the industry that confirms what a safe distance from working machinery should be. Any operator of such machinery knows the stop rule; if anyone approaches the danger zone, work must stop until the risk zone is clear. The key control is for the operator to be aware, at all times, where people are on the ground, and this relies on visual contact.
“Site specific planning is essential and control must be maintained at all times. The penalty for getting it wrong is not just financial – it causes unnecessary hardship and long term disruption to people’s lives.”
He was hospitalised for two weeks, and has had to seek alternative employment in another industry because he can no longer do manual work. He is also no longer playing sport at the level he used to.
Hereford Magistrates’ Court heard that he was one of a two-man team working for Leominster-based Chalford Timber Ltd. One was using a large forestry vehicle called a forwarder to crane trees into position to enable the injured worker to chainsaw the trunks into three-metre lengths.
One tree became tangled in the branches of another as it was being moved and when it broke free hit him, forcing him against the machine.
An investigation by the Health and Safety Executive (HSE) found the company had not followed established industry procedures to ensure no-one was within the “risk zone” of the machine while it was in operation. The operator of the machine should have ensured that the man on the ground was clear of the designated working zone, in a safe area and in view.
Chalford Timber Ltd, of Nordan, Leominster, Herefordshire, was fined £8,000 and ordered to pay £16,335 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
After the hearing, HSE inspector Christopher Gregory said: “This was an incident that should have not have been allowed to occur. Forestry practices are high risk and potentially dangerous, and those who work in the industry should be fully aware of the risks. Workers and machinery should, wherever possible, be kept well apart due to the unpredictability of the work and the consequences of what can happen if it goes wrong.
“There is long established guidance for such work drawn up by the industry that confirms what a safe distance from working machinery should be. Any operator of such machinery knows the stop rule; if anyone approaches the danger zone, work must stop until the risk zone is clear. The key control is for the operator to be aware, at all times, where people are on the ground, and this relies on visual contact.
“Site specific planning is essential and control must be maintained at all times. The penalty for getting it wrong is not just financial – it causes unnecessary hardship and long term disruption to people’s lives.”
Firms in court after Liverpool worker’s life-threatening roof fall
- Two firms have been sentenced for safety failings after a Liverpool worker suffered life-threatening injuries when he fell through the roof of a former Cheshire factory.
Peter Tracey was removing asbestos roof sheets from a disused building in Poynton when he stepped onto a fragile panel and fell more than five metres to the concrete floor below. He was airlifted to hospital with critical injuries, before being placed into an induced coma.
Haydock-based Local Asbestos Services Ltd and Leicestershire-based Construction Contracting UK Ltd were both prosecuted by the Health and Safety Executive (HSE) after an investigation found they had allowed workers onto the roof without safety measures in place.
Liverpool Magistrates’ Court was told that 59-year-old Mr Tracey, from Fairfield, was part of a group of labourers hired by Local Asbestos Services to remove the asbestos sheets from the roof of a former factory on Middlewood Road during its demolition.
Construction Contracting was overseeing the project as the principal contractor and both companies had agreed that the sheets would be removed using a cherry picker or scissor lift underneath the roof. This would have allowed workers to cut the bolts holding the sheets in place, without the need for them to go onto the roof itself.
The court heard that, despite this, two of the men, including Mr Tracey, were allowed to climb onto the roof to remove the panels from above. No safety equipment, such as nets or harnesses, were provided to stop them falling or to prevent them from being injured.
On 5 April 2013, Mr Tracey was removing an asbestos sheet when it started to slip away. He went to grab it and stepped onto a clear plastic panel, which gave way under his weight.
Mr Tracey suffered critical injuries, including two collapsed lungs, blood in his left lung, fractures to his ribs and hip, and a ruptured left shoulder tendon. He was in hospital for a month and will be affected by his injuries for the rest of his life.
In a victim statement to support the HSE investigation, he said:
“I now struggle to do everyday things like going to the shops, and have had to rely on my daughter and sister to do my washing and clean my home. I can’t do the simplest of chores due to the restrictions I have with my shoulder. It is so frustrating.
“I always used to enjoy going to the park with my grandchildren and playing football with them, but that has all stopped. I can’t even push them on the swings now. I am missing out on them and it does upset me.”
Construction Contracting UK Ltd, of Ashby Road in Hinckley, Leicestershire, was fined £12,000 and ordered to pay costs of £23,502 after being found guilty of a single breach of the Construction (Design and Management) Regulations 2007 by failing to monitor the roof work to make sure it was safe.
Local Asbestos Services Ltd, of Salisbury Road in Haydock, was fined £8,000 and ordered to pay £6,191 in prosecution costs after pleading guilty to a single breach of the Work at Height Regulations 2005 by failing to ensure the roof work was carried out safely. Both companies were sentenced on 8 August 2014.
Speaking after the hearing, HSE Inspector Kevin Jones said:
“Sadly this kind of incident is all too common in the roofing industry, and Mr Tracey has suffered debilitating injuries because of the failings of both Local Asbestos Services and Construction Contracting.
“Many industrial buildings have clear plastic panels on them designed to act as roof lights, but they are fragile and can collapse if workers stand on them. Both companies had prepared a risk assessment and method statement identifying a safe system of work, but this wasn’t implemented.
“Instead, Peter and another worker were allowed onto the roof instead of using a cherry picker underneath, which put both their lives in danger. This case should act as a warning to firms of the consequences of not following agreed safety systems.”
Haydock-based Local Asbestos Services Ltd and Leicestershire-based Construction Contracting UK Ltd were both prosecuted by the Health and Safety Executive (HSE) after an investigation found they had allowed workers onto the roof without safety measures in place.
Liverpool Magistrates’ Court was told that 59-year-old Mr Tracey, from Fairfield, was part of a group of labourers hired by Local Asbestos Services to remove the asbestos sheets from the roof of a former factory on Middlewood Road during its demolition.
Construction Contracting was overseeing the project as the principal contractor and both companies had agreed that the sheets would be removed using a cherry picker or scissor lift underneath the roof. This would have allowed workers to cut the bolts holding the sheets in place, without the need for them to go onto the roof itself.
The court heard that, despite this, two of the men, including Mr Tracey, were allowed to climb onto the roof to remove the panels from above. No safety equipment, such as nets or harnesses, were provided to stop them falling or to prevent them from being injured.
On 5 April 2013, Mr Tracey was removing an asbestos sheet when it started to slip away. He went to grab it and stepped onto a clear plastic panel, which gave way under his weight.
Mr Tracey suffered critical injuries, including two collapsed lungs, blood in his left lung, fractures to his ribs and hip, and a ruptured left shoulder tendon. He was in hospital for a month and will be affected by his injuries for the rest of his life.
In a victim statement to support the HSE investigation, he said:
“I now struggle to do everyday things like going to the shops, and have had to rely on my daughter and sister to do my washing and clean my home. I can’t do the simplest of chores due to the restrictions I have with my shoulder. It is so frustrating.
“I always used to enjoy going to the park with my grandchildren and playing football with them, but that has all stopped. I can’t even push them on the swings now. I am missing out on them and it does upset me.”
Construction Contracting UK Ltd, of Ashby Road in Hinckley, Leicestershire, was fined £12,000 and ordered to pay costs of £23,502 after being found guilty of a single breach of the Construction (Design and Management) Regulations 2007 by failing to monitor the roof work to make sure it was safe.
Local Asbestos Services Ltd, of Salisbury Road in Haydock, was fined £8,000 and ordered to pay £6,191 in prosecution costs after pleading guilty to a single breach of the Work at Height Regulations 2005 by failing to ensure the roof work was carried out safely. Both companies were sentenced on 8 August 2014.
Speaking after the hearing, HSE Inspector Kevin Jones said:
“Sadly this kind of incident is all too common in the roofing industry, and Mr Tracey has suffered debilitating injuries because of the failings of both Local Asbestos Services and Construction Contracting.
“Many industrial buildings have clear plastic panels on them designed to act as roof lights, but they are fragile and can collapse if workers stand on them. Both companies had prepared a risk assessment and method statement identifying a safe system of work, but this wasn’t implemented.
“Instead, Peter and another worker were allowed onto the roof instead of using a cherry picker underneath, which put both their lives in danger. This case should act as a warning to firms of the consequences of not following agreed safety systems.”
Worker badly burned after firm ignores safety risks
- A West Yorkshire company has been fined after a worker was severely burned in a flashover during hot-cutting work at the Fox’s Biscuits factory in Batley.
The 61-year-old Ossett man was one of a team working for steel fabricators Hartwell Manufacturing Ltd, which had been hired to remove three disused oil tanks at the Fox’s site in Wellington Street in February 2012.
The worker was using an angle grinder to cut a hole in one of the tanks, which had only recently been drained of fuel, when sparks ignited flammable vapours causing flames to erupt.
In a panic, the worker inserted a high pressure water lance into a pipe opening to try to put out the fire but instead caused a blow-back of flames to be ejected from the opening, engulfing his lower body in flames.
Huddersfield Magistrates heard that another worker at the scene rushed to the injured man’s aid, putting out his burning clothes with a fire extinguisher. He suffered extensive burns and needed prolonged treatment and rehabilitation.
The Health and Safety Executive (HSE) investigated and prosecuted Hartwell Manufacturing Ltd for safety breaches after discovering the firm had deviated from a safe system of work it had earlier agreed with Fox’s Biscuits and their site managing firm. Instead of using cold-cutting equipment, the company had used a high-speed angle grinder, which produces heat and sparks.
HSE also found that the whole job of removing the huge tanks, in particular the means of access into the oil tanks and working in a confined space, had not been properly planned by Hartwells. In addition its emergency arrangements to evacuate any casualties on site were fundamentally flawed.
The court was told the company’s managing director had failed to liaise with Fox’s Biscuits when problems with access to the tanks emerged or when the company wanted to diverge from the agreed plan by using the hot-cutting, and thereby dangerous, angle grinder.
Hartwell Manufacturing Ltd, of Milner Way, Ossett, was fined £10,000 and ordered to pay £7,885 in full costs after admitting breaching the Health and Safety at Work etc Act 1974.
After the hearing, HSE Inspector John Micklethwaite said:
“This worker suffered exceedingly painful burn injuries that could have been avoided if Hartwell Manufacturing had followed a safe system of work and not used the angle grinder. The company used a dangerous working practice on the site unbeknown to Fox’s Biscuits.
“Work with flammable vapours must always be effectively controlled. If problems are encountered, you need to stop and reassess – not press on and use unsafe equipment which introduces an unacceptable risk of fire and explosion.
“The job should have been better planned and supervised. At several key points Hartwells failed to take the opportunity to stop the job, take stock and liaise with the occupier to ensure work could go ahead safely.”
The worker was using an angle grinder to cut a hole in one of the tanks, which had only recently been drained of fuel, when sparks ignited flammable vapours causing flames to erupt.
In a panic, the worker inserted a high pressure water lance into a pipe opening to try to put out the fire but instead caused a blow-back of flames to be ejected from the opening, engulfing his lower body in flames.
Huddersfield Magistrates heard that another worker at the scene rushed to the injured man’s aid, putting out his burning clothes with a fire extinguisher. He suffered extensive burns and needed prolonged treatment and rehabilitation.
The Health and Safety Executive (HSE) investigated and prosecuted Hartwell Manufacturing Ltd for safety breaches after discovering the firm had deviated from a safe system of work it had earlier agreed with Fox’s Biscuits and their site managing firm. Instead of using cold-cutting equipment, the company had used a high-speed angle grinder, which produces heat and sparks.
HSE also found that the whole job of removing the huge tanks, in particular the means of access into the oil tanks and working in a confined space, had not been properly planned by Hartwells. In addition its emergency arrangements to evacuate any casualties on site were fundamentally flawed.
The court was told the company’s managing director had failed to liaise with Fox’s Biscuits when problems with access to the tanks emerged or when the company wanted to diverge from the agreed plan by using the hot-cutting, and thereby dangerous, angle grinder.
Hartwell Manufacturing Ltd, of Milner Way, Ossett, was fined £10,000 and ordered to pay £7,885 in full costs after admitting breaching the Health and Safety at Work etc Act 1974.
After the hearing, HSE Inspector John Micklethwaite said:
“This worker suffered exceedingly painful burn injuries that could have been avoided if Hartwell Manufacturing had followed a safe system of work and not used the angle grinder. The company used a dangerous working practice on the site unbeknown to Fox’s Biscuits.
“Work with flammable vapours must always be effectively controlled. If problems are encountered, you need to stop and reassess – not press on and use unsafe equipment which introduces an unacceptable risk of fire and explosion.
“The job should have been better planned and supervised. At several key points Hartwells failed to take the opportunity to stop the job, take stock and liaise with the occupier to ensure work could go ahead safely.”
NHS Trust in court after workers potentially exposed to asbestos
- An NHS Trust has been fined after it was found likely to have exposed workers to potentially fatal asbestos material for more than a decade at its three hospitals in Hertfordshire.
Between April 2000 and December 2011, the estates team at West Hertfordshire Hospitals NHS Trust was maintaining buildings at Watford General Hospital, Hemel Hempstead Hospital and St Albans Hospital without knowing that asbestos was present or being trained to identify and control exposure.
The estates team, whose work is to carry out small repairs and maintenance projects where external contractors are not needed, could have disturbed asbestos fibres in the course of a job, but would have had no way of knowing or of protecting themselves.
St Albans Crown Court was told that over the 11-year period, the Trust had identified some of the asbestos materials at their sites but did not have a management or monitoring plan in place to control the risks associated with the deadly fibre.
It was only when additional surveys were carried out in December 2011 that the Trust realised more asbestos was present at all three hospitals than initially identified. Neither the newly identified asbestos nor the material that had originally been identified were being managed. The Trust alerted the Health and Safety Executive (HSE), which investigated and brought a prosecution for health and safety breaches against the Trust.
The court heard the NHS Trust immediately put control measures in place after the survey results came back. Unfortunately, the extended lack of awareness reiterated that it had caused workers to potentially be exposed over a significant period of time, which constituted a major failure on its part.
West Hertfordshire Hospitals NHS Trust, of Vicarage Road, Watford, Hertfordshire, was fined £55,000 and ordered to pay £ 34,078 in costs after pleading guilty to four breaches of the Control of Asbestos Regulations 2006 and a single breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Sandra Dias said: “Employers have a duty to protect their staff from the long term health risks associated with asbestos, which include lung cancer and mesothelioma.
“This duty includes finding out whether the premises contains asbestos, assessing the risks and making a plan to manage that risk and act on it.
“West Hertfordshire Hospitals NHS Trust did not adequately manage the risk over an 11-year period. As a result, a number of its employees will now have to spend the rest of their lives not knowing whether they have been exposed. We all hope that none will suffer as a result.”
Around 4,500 people die every year as a result of breathing in asbestos fibres, making it the biggest single cause of work-related deaths in the UK. Airborne fibres can become lodged in the lungs and digestive tract, and can lead to lung cancer or other diseases, but symptoms may not appear for several decades.
The estates team, whose work is to carry out small repairs and maintenance projects where external contractors are not needed, could have disturbed asbestos fibres in the course of a job, but would have had no way of knowing or of protecting themselves.
St Albans Crown Court was told that over the 11-year period, the Trust had identified some of the asbestos materials at their sites but did not have a management or monitoring plan in place to control the risks associated with the deadly fibre.
It was only when additional surveys were carried out in December 2011 that the Trust realised more asbestos was present at all three hospitals than initially identified. Neither the newly identified asbestos nor the material that had originally been identified were being managed. The Trust alerted the Health and Safety Executive (HSE), which investigated and brought a prosecution for health and safety breaches against the Trust.
The court heard the NHS Trust immediately put control measures in place after the survey results came back. Unfortunately, the extended lack of awareness reiterated that it had caused workers to potentially be exposed over a significant period of time, which constituted a major failure on its part.
West Hertfordshire Hospitals NHS Trust, of Vicarage Road, Watford, Hertfordshire, was fined £55,000 and ordered to pay £ 34,078 in costs after pleading guilty to four breaches of the Control of Asbestos Regulations 2006 and a single breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Sandra Dias said: “Employers have a duty to protect their staff from the long term health risks associated with asbestos, which include lung cancer and mesothelioma.
“This duty includes finding out whether the premises contains asbestos, assessing the risks and making a plan to manage that risk and act on it.
“West Hertfordshire Hospitals NHS Trust did not adequately manage the risk over an 11-year period. As a result, a number of its employees will now have to spend the rest of their lives not knowing whether they have been exposed. We all hope that none will suffer as a result.”
Around 4,500 people die every year as a result of breathing in asbestos fibres, making it the biggest single cause of work-related deaths in the UK. Airborne fibres can become lodged in the lungs and digestive tract, and can lead to lung cancer or other diseases, but symptoms may not appear for several decades.
Brothers given custodial sentence for exposing workers to asbestos
- Two Stoke-on-Trent brothers with little or no experience of building and construction work have been given prison sentences after they exposed workers to asbestos.
At least seven workers are known to have been exposed to asbestos – one aged just 17 at the time – by Akram Hussain, 52, of City Road, and Inam Hussain, 47, of Boughey Road, during refurbishment work at a former print works on Scotia Road, Burslem, since February 2012.
Stafford Crown Court was told that neither was qualified or experienced in construction, demolition or refurbishment work; nor were they licensed to remove asbestos.
Akram Hussain is a snooker hall manager and Inam Hussain a taxi driver, although they have been carrying out the work on the building for around ten years.
The Health and Safety Executive (HSE) prosecuted the brothers after an investigation found work was being carried out without the necessary asbestos surveys and without a Construction, Design and Management Co-ordinator (CDM) in place, which is required if work is to take more than 30 days.
Despite repeated visits from HSE inspectors and numerous enforcement notices warning them of their failings, the brothers continued to refurbish the building and disturb asbestos material – putting workers at risk.
A Prohibition Notice was issued on 17 February 2012 stopping all work with, or liable to disturb, asbestos. A ‘Direction to Leave Undisturbed’ was also issued for the building until HSE had provided written confirmation that work could continue.
However, several lorry-loads of waste contaminated with asbestos were removed from the site and taken to an unlicensed waste disposal site in Stoke-on-Trent. Workers were also witnessed exiting the site covered in dust and not wearing the correct protective clothing.
A further Prohibition Notice and an Improvement Notice were served on Akram Hussain on 25 February 2012 when inspectors again found work being carried out without an asbestos survey or a CDM.
A separate Prohibition Notice was also served on Inam Hussain on 18 May 2012 for the non-licensed removal of the asbestos from the building. An Improvement Notice was served at the same time for the ongoing failure to appoint a CDM.
An asbestos survey was later carried out, but work inside the building continued to disturb materials containing asbestos.
The court heard that HSE is aware of at least seven workers being exposed to asbestos in the building. Many more could have been exposed during the course of the refurbishment project.
Akram Hussain and Inam Hussain both pleaded guilty to breaching section 3(2) of the Health and Safety at Work etc Act 1974. Akram Hussain was given a custodial sentence of 22 weeks and ordered to pay costs of £43,000. Inam Hussain was given a custodial sentence of 14 weeks.
Speaking after the hearing, HSE inspector Lindsay Hope said:
“The Hussains have shown a willful disregard for the health and safety of workers and others. Our investigation uncovered a catalogue of serious errors, safety failings and a disregard of the laws around the safe and correct removal of asbestos.
“This was an appalling case of failing to properly plan, manage and resource this project, which led to workers being exposed to risks to their health from asbestos.
“It is essential at the outset of a building refurbishment to first seek specialist advice regarding the possible presence of asbestos within that building. Only with the full knowledge of what is present, or not, can any asbestos then be dealt with safely.
“Failure to identify and deal with any asbestos can lead to it being damaged and people then breathing in the fibres. The Hussains failed in their duty by choosing to ignore the dangers of this hidden killer.
"No low level hot water dispenser for wheelchair users"
"Retailer removed a free gift razor from a mans style magazine"
"Children 15 or under must be accompanied in a zoo"
"Swimming pool unable to lend floats, goggles or woggles"
The pool operators should own up to the real reason why they no longer provide this service to their customers.
"University bans the throwing of mortar boards on graduation day"
Stafford Crown Court was told that neither was qualified or experienced in construction, demolition or refurbishment work; nor were they licensed to remove asbestos.
Akram Hussain is a snooker hall manager and Inam Hussain a taxi driver, although they have been carrying out the work on the building for around ten years.
The Health and Safety Executive (HSE) prosecuted the brothers after an investigation found work was being carried out without the necessary asbestos surveys and without a Construction, Design and Management Co-ordinator (CDM) in place, which is required if work is to take more than 30 days.
Despite repeated visits from HSE inspectors and numerous enforcement notices warning them of their failings, the brothers continued to refurbish the building and disturb asbestos material – putting workers at risk.
A Prohibition Notice was issued on 17 February 2012 stopping all work with, or liable to disturb, asbestos. A ‘Direction to Leave Undisturbed’ was also issued for the building until HSE had provided written confirmation that work could continue.
However, several lorry-loads of waste contaminated with asbestos were removed from the site and taken to an unlicensed waste disposal site in Stoke-on-Trent. Workers were also witnessed exiting the site covered in dust and not wearing the correct protective clothing.
A further Prohibition Notice and an Improvement Notice were served on Akram Hussain on 25 February 2012 when inspectors again found work being carried out without an asbestos survey or a CDM.
A separate Prohibition Notice was also served on Inam Hussain on 18 May 2012 for the non-licensed removal of the asbestos from the building. An Improvement Notice was served at the same time for the ongoing failure to appoint a CDM.
An asbestos survey was later carried out, but work inside the building continued to disturb materials containing asbestos.
The court heard that HSE is aware of at least seven workers being exposed to asbestos in the building. Many more could have been exposed during the course of the refurbishment project.
Akram Hussain and Inam Hussain both pleaded guilty to breaching section 3(2) of the Health and Safety at Work etc Act 1974. Akram Hussain was given a custodial sentence of 22 weeks and ordered to pay costs of £43,000. Inam Hussain was given a custodial sentence of 14 weeks.
Speaking after the hearing, HSE inspector Lindsay Hope said:
“The Hussains have shown a willful disregard for the health and safety of workers and others. Our investigation uncovered a catalogue of serious errors, safety failings and a disregard of the laws around the safe and correct removal of asbestos.
“This was an appalling case of failing to properly plan, manage and resource this project, which led to workers being exposed to risks to their health from asbestos.
“It is essential at the outset of a building refurbishment to first seek specialist advice regarding the possible presence of asbestos within that building. Only with the full knowledge of what is present, or not, can any asbestos then be dealt with safely.
“Failure to identify and deal with any asbestos can lead to it being damaged and people then breathing in the fibres. The Hussains failed in their duty by choosing to ignore the dangers of this hidden killer.
Tenants left in gas danger for four years
- A Slough landlord has been fined for serious safety breaches after he left a young family in potential danger for nearly four years by repeatedly failing to check the gas appliances in a property he rented to them.
Mohammed Nawaz, 25, was prosecuted for two offences of breaching gas safety regulations and a further offence of failing to comply with an enforcement notice after an investigation by the Health and Safety Executive (HSE).
HSE told Slough Magistrates’ Court that its investigation revealed that the gas appliances had not been maintained and checked so the family could be provided with a Landlord’s Gas Safety record for the property.
The court heard that as a landlord, Mr Nawaz had a legal duty to ensure the gas appliances in any properties he rented were checked every 12 months by a competent gas engineer. However, between June 2010 and February 2014, no such checks were carried out and no record was ever provided to the tenants at any point in four years’ tenancy.
When a Gas Safe Register engineer visited the property, a boiler was classed as ‘At Risk’ because of an inadequate seal around the flue and incorrectly-sized gas supply pipes to the boiler.
Despite warnings and an enforcement notice from HSE, plus an abatement notice from the local council requiring him to comply with the law, Mr Nawaz failed to respond, continuing to expose the family to potential health risks.
Mohammed Nawaz, of Bath Road, Slough, Berkshire, was fined a total of £9,000 and ordered to pay full costs of £3,941after admitting two breaches of the Gas Safety (Installation and Use) Regulations and a further charge of non-compliance with a HSE Improvement Notice.
After the case, HSE Inspector Karen Morris said:
“Mohammed Nawaz failed to take seriously his duties and responsibilities as a landlord and the result was to put a family – including two children – at risk of significant harm.
“There is no excuse for landlords failing to ensure that gas appliances in rented properties are properly maintained and subject to annual safety checks. These are simple and inexpensive measures, but they are vital for the safety of the people living in the premises.
“HSE takes gas safety issues very seriously and we will take enforcement action when necessary.”
Russell Kramer, Chief Executive of Gas Safe Register, commented:
“When it comes to rented property, it is important that landlords know their duties and tenants know their rights. A landlord must be able to provide a gas safety record for the property, showing that the gas appliances have been safety-checked by a Gas Safe registered engineer in the last 12 months.
“Tenants can also sign up to a free reminder service at staygassafe.co.uk to make sure their landlord or managing agent is carrying out their duties of getting an annual gas safety check.”
HSE told Slough Magistrates’ Court that its investigation revealed that the gas appliances had not been maintained and checked so the family could be provided with a Landlord’s Gas Safety record for the property.
The court heard that as a landlord, Mr Nawaz had a legal duty to ensure the gas appliances in any properties he rented were checked every 12 months by a competent gas engineer. However, between June 2010 and February 2014, no such checks were carried out and no record was ever provided to the tenants at any point in four years’ tenancy.
When a Gas Safe Register engineer visited the property, a boiler was classed as ‘At Risk’ because of an inadequate seal around the flue and incorrectly-sized gas supply pipes to the boiler.
Despite warnings and an enforcement notice from HSE, plus an abatement notice from the local council requiring him to comply with the law, Mr Nawaz failed to respond, continuing to expose the family to potential health risks.
Mohammed Nawaz, of Bath Road, Slough, Berkshire, was fined a total of £9,000 and ordered to pay full costs of £3,941after admitting two breaches of the Gas Safety (Installation and Use) Regulations and a further charge of non-compliance with a HSE Improvement Notice.
After the case, HSE Inspector Karen Morris said:
“Mohammed Nawaz failed to take seriously his duties and responsibilities as a landlord and the result was to put a family – including two children – at risk of significant harm.
“There is no excuse for landlords failing to ensure that gas appliances in rented properties are properly maintained and subject to annual safety checks. These are simple and inexpensive measures, but they are vital for the safety of the people living in the premises.
“HSE takes gas safety issues very seriously and we will take enforcement action when necessary.”
Russell Kramer, Chief Executive of Gas Safe Register, commented:
“When it comes to rented property, it is important that landlords know their duties and tenants know their rights. A landlord must be able to provide a gas safety record for the property, showing that the gas appliances have been safety-checked by a Gas Safe registered engineer in the last 12 months.
“Tenants can also sign up to a free reminder service at staygassafe.co.uk to make sure their landlord or managing agent is carrying out their duties of getting an annual gas safety check.”
Building firm director in court over health risk
- The director of a building firm has been fined after the health of workers was put at risk for more than three months.
Roland Couzens, 67, from Macclesfield, was prosecuted by the Health and Safety Executive (HSE) after it emerged bricklayers, plasterers and a roofer could have suffered skin burns or lead poisoning as there was no hot water to wash off dust and contaminants.
Trafford Magistrates’ Court heard that Mr Couzens, a director at CSC Construction Ltd, had been overseeing a project to refurbish a row of Victorian terraced houses on Ashton Old Road in Openshaw between May and September 2013.
The company, which has since gone into administration, had been stripping the houses bare before plastering them and fitting them with new kitchens and bathrooms.
HSE carried out an inspection of the site on 4 September 2013 and found that one of the vacant properties was being used for the site office and to provide welfare facilities for the workers. However, there was no hot or warm water supply in either the kitchen or bathroom.
The court was told that bricklayers and plasterers were put at risk of suffering skin burns as they were working with cement and plaster but could not use hot water to clean themselves. A roofer working with lead could also have suffered lead poisoning from residues on his skin.
Mr Couzens admitted to visiting the site several times a week during the project but failing to provide a hot water supply until after the HSE inspection, despite the need for hot water being highlighted in the company’s construction plan.
Roland Couzens, of Sugar Lane in Rushton Spencer, near Macclesfield, was fined £2,000 and ordered to pay £3,102 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Matt Greenly said:
“There were around a dozen people working on the site every day so it’s astonishing that they were without hot water for more than three months. Mr Couzens was brought in to oversee the project, including the health and safety of workers, but he failed to ensure this basic legal requirement was met.
“The houses were taken back to brick before being completely renovated so there were large amounts of dust, as well as the risk of workers suffering skin burns or lead poisoning from the components in the building materials.
“This case should act as a warning to companies and directors that we will not hesitate to prosecute if they do not act to ensure the health and safety of their employees.”
HSE Myth Busters
"Burger van refuses to cut burger in half"
"Recycling Centre banned enquirer from using a garden fork to off-load his thorny garden waste"
Trafford Magistrates’ Court heard that Mr Couzens, a director at CSC Construction Ltd, had been overseeing a project to refurbish a row of Victorian terraced houses on Ashton Old Road in Openshaw between May and September 2013.
The company, which has since gone into administration, had been stripping the houses bare before plastering them and fitting them with new kitchens and bathrooms.
HSE carried out an inspection of the site on 4 September 2013 and found that one of the vacant properties was being used for the site office and to provide welfare facilities for the workers. However, there was no hot or warm water supply in either the kitchen or bathroom.
The court was told that bricklayers and plasterers were put at risk of suffering skin burns as they were working with cement and plaster but could not use hot water to clean themselves. A roofer working with lead could also have suffered lead poisoning from residues on his skin.
Mr Couzens admitted to visiting the site several times a week during the project but failing to provide a hot water supply until after the HSE inspection, despite the need for hot water being highlighted in the company’s construction plan.
Roland Couzens, of Sugar Lane in Rushton Spencer, near Macclesfield, was fined £2,000 and ordered to pay £3,102 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Matt Greenly said:
“There were around a dozen people working on the site every day so it’s astonishing that they were without hot water for more than three months. Mr Couzens was brought in to oversee the project, including the health and safety of workers, but he failed to ensure this basic legal requirement was met.
“The houses were taken back to brick before being completely renovated so there were large amounts of dust, as well as the risk of workers suffering skin burns or lead poisoning from the components in the building materials.
“This case should act as a warning to companies and directors that we will not hesitate to prosecute if they do not act to ensure the health and safety of their employees.”
HSE Myth Busters
"Burger van refuses to cut burger in half"
Issue
Enquirer was queuing at a burger van when the customer in front of them received their freshly cooked food and asked if one of the burgers could be cut in half as it was for her children. The stall owner immediately said "Can't do that - health and safety. We're just not allowed to do that." They accepted this excuse and left with the burger intact.Panel decision
This is not a health and safety matter; there is no legislation which would prevent the stall from meeting the customer’s reasonable request to have their burger cut in half. Health and safety law does not prevent catering staff from using knives, in fact you expect them to know how use them safely."Recycling Centre banned enquirer from using a garden fork to off-load his thorny garden waste"
Issue
Refusal by supervisor to allow a member of the public to use a garden fork to help transfer thorny garden waste from his trailer to the green waste compactor at the local household waste recycling centre.Panel decision
The use of gardening tools at household waste recycling centres is not prohibited by health and safety law or by the HSE. Instead of forking out excuses, the site operators should either allow the individual to use their garden fork to transfer thorny green waste or dig up the real reasons behind their ban. Depending on the specific details of the site there may be concerns regarding other users’ safety but these could be easily managed without the need to ban the use of sensible and practical tools."No low level hot water dispenser for wheelchair users"
Issue
Work have installed a lower level kitchen unit so that wheelchair users can get a drink of cold water. They are refusing to put a hot water dispenser there though, quoting health and safety.Panel decision
There are no health and safety reasons which would prevent the installation of a hot water facility. In fact the panel is bemused at how a project which set out to improve access for disabled staff has singularly failed to meet its objective – leaving users having to stand to get to a hot water supply. Poor excuses don't hold water – hot or cold!"Retailer removed a free gift razor from a mans style magazine"
Issue
A retailer removed the free gift razor from a mans fashion and style magazine for health and safety reasons.Panel decision
Razors are an everyday item for sale in stores and supermarkets. Health and safety legislation does not prevent them being displayed for sale or offered as free gifts with magazines. If the razors were secure within the packaging and out of easy reach of small children it is unclear why the retailer chose to remove them and very disappointing that health and safety is being used as the excuse."Children 15 or under must be accompanied in a zoo"
Issue
A zoo has a policy stating that "For Health and Safety reasons children aged 15 or under must be accompanied by a responsible person aged 16 or over at all times".Panel decision
The panel’s view is that the policy decision to restrict access to the Zoo to those under 16 unless accompanied by a responsible adult is a reasonable one but it is not a legal requirement under health and safety law. The proprietor’s reasons for the policy decision are likely to include numerous factors, including potential unruly behaviour, and concerns about the welfare of the animals. A better explanation of the reasons for the policy rather than falling on the easy “health and safety“ catch all would have been much better."Swimming pool unable to lend floats, goggles or woggles"
Issue
A poster at a public swimming pool says: "Due to health and safety regulations, we are unable to lend floats, goggles or woggles."Panel decision
There is no health and safety regulation which prevents the loan of goggles and flotation devices at public swimming pools. Many swimming pools continue to provide these aids to swimmers without problem. The notice itself is confusing in that it is unclear whether their use is banned or if it’s ok to use them if customers provide their own.The pool operators should own up to the real reason why they no longer provide this service to their customers.
"University bans the throwing of mortar boards on graduation day"
Issue
A university has banned the throwing of mortar boards on graduation day. The university collected the hats after the graduates ceremony finished, to avoid them throwing their caps into the air. Enquirer was told they do this because of health and safety issues.Panel decision
There is nothing in health and safety law which stops graduates having fun and celebrating their success in the time-honoured fashion! What a shame that jobsworths choose to stand in the way of this great photo opportunity. If the concern is really about the hats being returned in good condition then the University should say that and not use health and safety as an easy excuse.Monday 11 August 2014
Fire fighters - industrial action
The Fire Brigades Union (FBU) have balloted members who have voted in support of industrial action.The Government response to this industrial action has been coordinated by the Department for Communities and Local Government (DCLG) in close liaison with the Scottish and Welsh Government. These Departments have been working with Local Fire and Rescue Authorities to ensure that appropriate contingency plans are in place to deliver any alternative arrangements needed.
Their top line advice for businesses at this time is to:
- Review your current fire risk assessment
- Check your detection systems
- Make sure escape plans are in place and employees know them
- Avoid arson risks, such as rubbish left around.
Cleaning company fined for risky rooftop work
- A Stoke-on-Trent company, which uses jet washers to clean roof tiles, has been fined after a worker was spotted on a roof without any falls protection in place.
A member of the public spotted a man standing on the pitched roof of a domestic property in Cheddleton, Staffordshire, while carrying out the cleaning work on 25 October 2013.
The member of the public took photos of the work taking place and contacted the Health and Safety Executive (HSE) who carried out an investigation.
Stafford Magistrates’ Court heard that an inspector from HSE’s Stoke office followed up the member of the public’s report and found that Roof Right UK Ltd routinely arranged for such work to take place without any suitable falls protection being in place.
A Prohibition Notice was issued to Roof Right UK Ltd preventing them from carrying out further work unless suitable controls such as scaffolding were provided.
Roof Right UK Ltd of Festival Park, Stoke-on-Trent, were found guilty in their absence to breaching Regulation 3(1)(b) of the Management of Health and Safety at Work Regulations 1999, and Regulation 4(1) of the Work at Height Regulations 2005. They were fined £10,000 and were ordered to pay costs of £1,277.
Speaking after the hearing, HSE inspector Andrew Bowker said:
“I would like to thank the member of the public for bringing this matter to our attention as they have undoubtedly prevented a serious injury.
“It is staggering to me that a company operating in 2013 thought that it was acceptable to allow workers onto pitched property roofs to carry out jet washing work without providing scaffolding or other suitable falls protection measures"
“Roof Right UK Ltd put workers’ lives in danger by allowing them onto a slippery roof without suitable safety measures being in place. They failed to recognise their responsibility to ensure that work at height carried out under their control was done safely.”
The member of the public took photos of the work taking place and contacted the Health and Safety Executive (HSE) who carried out an investigation.
Stafford Magistrates’ Court heard that an inspector from HSE’s Stoke office followed up the member of the public’s report and found that Roof Right UK Ltd routinely arranged for such work to take place without any suitable falls protection being in place.
A Prohibition Notice was issued to Roof Right UK Ltd preventing them from carrying out further work unless suitable controls such as scaffolding were provided.
Roof Right UK Ltd of Festival Park, Stoke-on-Trent, were found guilty in their absence to breaching Regulation 3(1)(b) of the Management of Health and Safety at Work Regulations 1999, and Regulation 4(1) of the Work at Height Regulations 2005. They were fined £10,000 and were ordered to pay costs of £1,277.
Speaking after the hearing, HSE inspector Andrew Bowker said:
“I would like to thank the member of the public for bringing this matter to our attention as they have undoubtedly prevented a serious injury.
“It is staggering to me that a company operating in 2013 thought that it was acceptable to allow workers onto pitched property roofs to carry out jet washing work without providing scaffolding or other suitable falls protection measures"
“Roof Right UK Ltd put workers’ lives in danger by allowing them onto a slippery roof without suitable safety measures being in place. They failed to recognise their responsibility to ensure that work at height carried out under their control was done safely.”
Contractor in court after falling steel injures workers
- Two workers were left with broken bones but escaped with their lives after being struck by a length of steel that fell from nine floors above them, a court has heard.
Ryan Smith, 31, damaged a vertebrae and was forced to wear a brace for several months as a result of the incident at a renovation project in Bournemouth on 16 July 2013. Co-worker Paul Martret, 42, suffered a fractured elbow as a result of the blow.
East Dorset Magistrates’ Court was told that both could have been killed by the falling object, which was knocked into a stairwell during work from a temporary platform.
Harbourview Developments Ltd appeared in court as the principal contractor for the refurbishment and conversion of two properties on Christchurch Road. The work involved removing a stairwell and converting it into a lift shaft. A temporary platform was created using a series of scaffold planks resting on a scaffold tube structure, which was then put in place over the opening to the stairwell.
An investigation by HSE established that work had started to fit a series of vertical and horizontal steel sections around the stairwell to facilitate the construction of additional floors and walls. The installation of the steel sections involved chipping concrete around the edges underneath the temporary platform, which created a series of gaps up to 16cm wide along the edges.
On 16 July 2013, a subcontractor placed a 1.4 metre, 5kg piece of steel on a structural beam running parallel to the temporary work platform in order to step over it. However, he knocked the steel as he raised his leg, sending it plunging into a gap in the stairwell and towards the workers nine floors below.
They were unable to move away in time and it struck them on their back and elbow respectively.
Magistrates heard the incident could have been avoided had Harbourview Developments Ltd better managed the temporary works to ensure there was no risk from falling materials.
The company, of ArenaBusinessPark, Poole, which is now in liquidation was fined a token amount of £1 after pleading guilty to breaching Regulation 8(b) of the Work at Height Regulations 2005.
Speaking after sentencing HSE inspector Ian Whittles, said: “Mr Smith and Mr Martret sustained painful injuries, but could both have been killed by the falling metal, which struck them from height, at speed and without warning.
“Harbourview Developments failed to ensure that the refurbishment activity was carried out without presenting a danger. The incident was clearly preventable by using a combination of boarding and debris netting to create a safer working platform where materials or objects couldn’t fall through.
East Dorset Magistrates’ Court was told that both could have been killed by the falling object, which was knocked into a stairwell during work from a temporary platform.
Harbourview Developments Ltd appeared in court as the principal contractor for the refurbishment and conversion of two properties on Christchurch Road. The work involved removing a stairwell and converting it into a lift shaft. A temporary platform was created using a series of scaffold planks resting on a scaffold tube structure, which was then put in place over the opening to the stairwell.
An investigation by HSE established that work had started to fit a series of vertical and horizontal steel sections around the stairwell to facilitate the construction of additional floors and walls. The installation of the steel sections involved chipping concrete around the edges underneath the temporary platform, which created a series of gaps up to 16cm wide along the edges.
On 16 July 2013, a subcontractor placed a 1.4 metre, 5kg piece of steel on a structural beam running parallel to the temporary work platform in order to step over it. However, he knocked the steel as he raised his leg, sending it plunging into a gap in the stairwell and towards the workers nine floors below.
They were unable to move away in time and it struck them on their back and elbow respectively.
Magistrates heard the incident could have been avoided had Harbourview Developments Ltd better managed the temporary works to ensure there was no risk from falling materials.
The company, of ArenaBusinessPark, Poole, which is now in liquidation was fined a token amount of £1 after pleading guilty to breaching Regulation 8(b) of the Work at Height Regulations 2005.
Speaking after sentencing HSE inspector Ian Whittles, said: “Mr Smith and Mr Martret sustained painful injuries, but could both have been killed by the falling metal, which struck them from height, at speed and without warning.
“Harbourview Developments failed to ensure that the refurbishment activity was carried out without presenting a danger. The incident was clearly preventable by using a combination of boarding and debris netting to create a safer working platform where materials or objects couldn’t fall through.
Directors and two firms fined for potential asbestos risk
- A Hartlepool firm and two of its directors have been fined along with a second company after redundant steel work was removed, putting workers at risk of exposure to asbestos.
Baxketh Ltd, a metal-recycling business, agreed to remove the steel work from the premises of UK Tankcleaning Services Ltd in New Road, Billingham, on the basis that Baxketh Ltd would take the value of the scrap metal as payment for the work.
However, the steel included several pipe work systems covered in lagging containing potentially-dangerous asbestos fibres, which were removed by workers without the firm putting any measures in place to prevent the spread of asbestos fibres.
The HSE told Teesside Magistrates’ Court that inspectors visited the site on 22 February 2013 following a complaint from a worker at a neighbouring premises and a joint investigation was carried out by HSE’s Construction Division and Hazardous Installation Division.
Inspectors saw Baxketh Ltd directors Michael Almond Senior and Michael Almond Junior on the site, with a significant amount of pipe work and damaged insulation scattered on the ground. Almond Jnr was operating a mechanical excavator with a grab to move steel work from the ground into a skip.
A Prohibition Notice was served on Baxketh Ltd to prevent further work. An Improvement Notice was also served on UK Tankcleaning Services Ltd that required it to carry out an asbestos survey and develop a system to ensure the results were shared with those likely to disturb any asbestos.
Tests carried out by HSE later confirmed that the insulation debris found lying on the ground did contain asbestos.
The court was told that Michael Almond Senior had negotiated the arrangement to remove the steel work with the site manager.
The court heard that UK Tankcleaning Services Ltd failed to ensure information about location and condition of asbestos materials was provided to those liable to disturb it.
Baxketh Ltd had conducted the work without carrying out the necessary assessment to determine whether asbestos was present and had failed to take any measures to prevent the spread of asbestos fibres. The personal involvement of both directors meant they too had been prosecuted as individuals.
The work carried out by Baxketh Ltd meant asbestos debris was scattered over the working area, which exposed workers there and on neighbouring sites to a potential risk to their health. UK Tankcleaning Services Ltd had to have the site environmentally cleaned.
Baxketh Ltd, of Burn Road, Hartlepool, was fined a total of £12,000 and ordered to pay £3,804.20 in costs after pleading guilty to breaching Regulations 5(a) and 16 of the Control of Asbestos Regulations 2012.
UK Tankcleaning Services Ltd, of Lodge Lane, Doncaster, was fined £10,000 with £2,243.40 costs after pleading guilty to breaching Regulation 4 of the same legislation.
Michael Joseph Almond Snr, 73, of Westbourne Road, Hartlepool was fined £1,000 and ordered to pay £204.80 in costs after pleading guilty to breaching Regulation 5(a) of the same legislation.
Michael Vincent Almond Jnr, 47, of Plymouth Walk, Hartlepool was fined £650 after pleading guilty to breaching Regulation 16 of the same legislation. There was no order for costs against Mr Almond Jnr.
Speaking after the case HSE Inspector Julian Nettleton said:
“Asbestos is the single greatest cause of work-related deaths in the UK and there is a lot of industry in the Teesside area that still uses, or occupies premises that have old chemical processing plant dating back to the 60’s. Almost all of it was lagged with asbestos in those days.
“Site operators and contractors working at these sites should always assume that old pipework is lagged with asbestos unless there is reliable evidence that says otherwise. Those involved in the construction and refurbishment industry also have a clear duty to ensure that work is managed so as to prevent the spread of asbestos.
“This incident occurred because UK Tank cleaning Services Ltd’s asbestos management systems did not include anything relating to informing others of the presence of asbestos on the site.
“Baxketh failed to carry out an asbestos assessment before starting work and did not take any measures to prevent the spread of asbestos fibres.
“This put the directors themselves, their own employee and others working nearby at risk of exposure to asbestos fibres and the court agreed that both companies were equally culpable for the offences.”
However, the steel included several pipe work systems covered in lagging containing potentially-dangerous asbestos fibres, which were removed by workers without the firm putting any measures in place to prevent the spread of asbestos fibres.
The HSE told Teesside Magistrates’ Court that inspectors visited the site on 22 February 2013 following a complaint from a worker at a neighbouring premises and a joint investigation was carried out by HSE’s Construction Division and Hazardous Installation Division.
Inspectors saw Baxketh Ltd directors Michael Almond Senior and Michael Almond Junior on the site, with a significant amount of pipe work and damaged insulation scattered on the ground. Almond Jnr was operating a mechanical excavator with a grab to move steel work from the ground into a skip.
A Prohibition Notice was served on Baxketh Ltd to prevent further work. An Improvement Notice was also served on UK Tankcleaning Services Ltd that required it to carry out an asbestos survey and develop a system to ensure the results were shared with those likely to disturb any asbestos.
Tests carried out by HSE later confirmed that the insulation debris found lying on the ground did contain asbestos.
The court was told that Michael Almond Senior had negotiated the arrangement to remove the steel work with the site manager.
The court heard that UK Tankcleaning Services Ltd failed to ensure information about location and condition of asbestos materials was provided to those liable to disturb it.
Baxketh Ltd had conducted the work without carrying out the necessary assessment to determine whether asbestos was present and had failed to take any measures to prevent the spread of asbestos fibres. The personal involvement of both directors meant they too had been prosecuted as individuals.
The work carried out by Baxketh Ltd meant asbestos debris was scattered over the working area, which exposed workers there and on neighbouring sites to a potential risk to their health. UK Tankcleaning Services Ltd had to have the site environmentally cleaned.
Baxketh Ltd, of Burn Road, Hartlepool, was fined a total of £12,000 and ordered to pay £3,804.20 in costs after pleading guilty to breaching Regulations 5(a) and 16 of the Control of Asbestos Regulations 2012.
UK Tankcleaning Services Ltd, of Lodge Lane, Doncaster, was fined £10,000 with £2,243.40 costs after pleading guilty to breaching Regulation 4 of the same legislation.
Michael Joseph Almond Snr, 73, of Westbourne Road, Hartlepool was fined £1,000 and ordered to pay £204.80 in costs after pleading guilty to breaching Regulation 5(a) of the same legislation.
Michael Vincent Almond Jnr, 47, of Plymouth Walk, Hartlepool was fined £650 after pleading guilty to breaching Regulation 16 of the same legislation. There was no order for costs against Mr Almond Jnr.
Speaking after the case HSE Inspector Julian Nettleton said:
“Asbestos is the single greatest cause of work-related deaths in the UK and there is a lot of industry in the Teesside area that still uses, or occupies premises that have old chemical processing plant dating back to the 60’s. Almost all of it was lagged with asbestos in those days.
“Site operators and contractors working at these sites should always assume that old pipework is lagged with asbestos unless there is reliable evidence that says otherwise. Those involved in the construction and refurbishment industry also have a clear duty to ensure that work is managed so as to prevent the spread of asbestos.
“This incident occurred because UK Tank cleaning Services Ltd’s asbestos management systems did not include anything relating to informing others of the presence of asbestos on the site.
“Baxketh failed to carry out an asbestos assessment before starting work and did not take any measures to prevent the spread of asbestos fibres.
“This put the directors themselves, their own employee and others working nearby at risk of exposure to asbestos fibres and the court agreed that both companies were equally culpable for the offences.”
Tuesday 5 August 2014
British workplaces among safest in the world
Figures at a record low on the 40th anniversary of the Health and Safety at Work Act
The number of people who lose their lives at work has dropped sharply by 85 per cent over the past forty years, from over 650 every year in 1974 to a record low of 133 today, new figures reveal.
The number of injuries at work has also reduced considerably by 77 per cent over the same time period, from 336,701 to 78,222. The statistics illustrate the enormous impact of an act that created a flexible, proportionate and world class regulatory system.
The 1974 Act paved the way for the creation of the Health and Safety Commission and the establishment of the Health and Safety Executive as we know it today – which regulates health and safety law working with industry to help them manage their health and safety risks effectively and also bringing irresponsible employers to justice.
Minister of State for Health and Safety Mark Harper said: “Britain has come an incredibly long way over the past forty years in protecting its workforce. Our workplace safety record is now the envy of the world, with businesses and governments queuing up to tap into our expertise.
“Any death at work is a death too many. But few can dispute that the reduction in fatalities and injuries over the past 40 years is a significant step forward. Britain is now officially one of the safest places in Europe – and the world – to work.
“So, while we all rightly curse false health and safety excuses, it’s worth thinking how fortunate we are today that we can go out to do a hard day’s work safe in the knowledge that our safety is being taken seriously.”
Judith Hackitt, Chair of the HSE, said: ”Our health and safety law places responsibility on those who create risk to manage that risk in a proportionate practical way. It sets standards in terms of outcomes to be achieved, not by straitjacketing dutyholders and business into doing things in a particular way according to prescriptive rules.
“This means that it is universally applicable – regardless of whether you’re farming, fracking for shale gas or working with nano-materials in an ultra high-tech laboratory. The Heath and Safety at Work Act may be 40 years old but it – and our regulatory system - are world class.”
Unregistered fitter sentenced for string of gas offences
A gas fitter has been given a suspended prison sentence for carrying out repeated illegal and dangerous gas work at homes and businesses in Norfolk.
Terry Arnold, 49, from Thetford, continued to work on gas appliances in clear breach of an enforcement notice and despite being suspended from the Gas Safe Register.
His failings came to light after food safety inspectors visited a Chinese take-away in Swaffham in April 2012. They noted concerns about the standard of cooking appliances he had worked on at the premises, which were subsequently classed as ‘immediately dangerous’ by a Gas Safe inspector.
Gas Safe informed the Health and Safety Executive (HSE), which served a Prohibition Notice preventing him from undertaking any further gas work while it investigated his activities.
Norwich Crown Court heard that Mr Arnold had issued a safety certificate for his work at the restaurant. However, his Gas Safe accreditation was invalid because he was suspended in May 2010 for failing to have his work inspected in accordance with the terms of his registration.
Despite this, and in clear contravention of the Prohibition Notice, HSE’s investigation found he continued to carry out illegal gas work at addresses in Kings Lynn and Swaffham during 2012 and 2013, despite providing a written undertaking he would not do any such work.
Terry Arnold, of Priory Drove, Great Cressingham, Thetford, was sentenced to eight months imprisonment, suspended for one year, after pleading guilty to seven breaches of the Gas Safety (Installation and Use) Regulations 1998, and one breach of the Health and Safety at Work etc Act 1974. Further alleged breaches of the Gas Safety (Installation and Use) Regulations 1998, and the Health and Safety at Work etc Act 1974 were left to lie on file. The judge commented on sentencing that it was only Mr Arnold’s medical condition – he is receiving treatment for renal cancer – that prevented an immediate prison sentence.
After the case, HSE Inspector Anthony Brookes said:
“Terry Arnold is a prolific offender who has continued to carry out gas work without being registered over a number of years. He was well aware of the registration requirements; and by continuing to carry out gas work and providing Gas Safety certificates pretending to be registered over this time; had deliberately chosen to continue working in flagrant disregard for the law.
“He has compounded this offending and displayed utter contempt by continuing his illegal activities despite the service of Prohibition Notices on him by HSE and acted contrary to a written undertaken he had given not to carry out further gas work.
“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.”
HSE - Myth Buster
Issue
A newspaper article reports that the new owners of a local shopping centre have claimed that the children's playground is a health and safety risk and that they want to remove it for this reason.
Panel decision
A local paper incorrectly reported that play equipment was being removed as it posed a health and safety risk to children. The facts are that the new owners of the shopping centre have advised that they plan to refurbish the play area to provide a new play experience. This should have been reported as a good news story but instead the newspaper is misrepresenting it as a health and safety issue
Construction firms fined after workers hurt in scaffold collapse
A house builder and a scaffolding company have been fined after two bricklayers were hurt falling from an unsafe scaffold.
Lincoln Magistrates’ Court heard the two men, who have asked not to be named, were working for Persimmon Homes Ltd on a development site in Ploughman’s Lane, Bunkers Hill, Lincoln, when the incident happened on 4 April 2012.
They were about to start work on a scaffold platform six metres from the ground, which had been loaded with materials. Just as they started work, the scaffold collapsed and they fell around two metres on to a platform below.
One, a 62-year-old from Rossington, South Yorkshire, broke his left foot. He was unable to work for nine weeks. The second, 29, also of Rossington, bruised his neck and twisted his knee. He missed one day of work.
A Health and Safety Executive (HSE) investigation found The Cathedral Scaffold Company Ltd had constructed the scaffold to bridge a narrow gap between the gable ends of two neighbouring properties. However, the company did not build it to a recognised design, which would have incorporated standards to transfer loads to the ground. They wrongly believed they could not fit them and a four board-wide working platform, as required by Persimmon, into the gap.
Instead they used a non-standard configuration of scaffolding but failed to carry out strength and stability calculations to ensure it was fit for purpose. The company issued a Handing Over certificate to Persimmon, setting out restrictions on the use of the scaffold. This identified it as a general purpose scaffold capable of supporting a specified distributed weight load, but because no strength or stability calculations were undertaken by either defendant, this distributed load could not be guaranteed.
Persimmon subsequently overloaded the platform, causing it to collapse.
HSE found the weight of just one pack of dry blocks distributed evenly over the platform would have taken it over the load limit – even without the men, tools or mortar on the platform. It was likely that the actual loading could have increased the danger as the blocks were all stacked towards one side of the platform.
Persimmon Homes Ltd, of Fulford, York, pleaded guilty to breaching Regulation 8(b)(i) of the Work at Height Regulations 2005 and was fined £8,000 and ordered to pay £10,426 costs.
The Cathedral Scaffold Company Ltd, of Dixon Way, Lincoln, pleaded guilty to breaching Regulation 8(b)(ii) of the same Regulations and was fined £4,000 with costs of £5,500.
Speaking after the hearing, HSE inspector Linda-Jane Rigby said:
“Unless a scaffold is a basic configuration described in recognised guidance it should be designed by calculation, by a competent person, to ensure it will have adequate strength and suitability. The design information should describe the sequence and methods to be adopted when erecting, dismantling and altering the scaffold. That did not happen in this case.
“Persimmon accepted handover of the scaffold and subsequently overloaded it, causing it to collapse.”
Firm fined after worker seriously hurt in roof fall
A roofing firm has today been fined after a worker was seriously injured in a five metre fall through the roof of a Gateshead warehouse.
The 61-year-old, from Wrekenton, a roofer employed by C Grant (Roofing and Guttering) Ltd, fractured two vertebrae in his spine and also fractured his pelvis in the incident on 12 June 2012.
He was in hospital for a week and although he is walking again, it is unlikely he will return to work in the roofing industry.
The Health and Safety Executive (HSE) prosecuted his employers after an investigation identified serious safety failings.
Gateshead Magistrates’ Court heard that the injured man was part of a two-man team that was working on the roof, sealing roof lights to make them watertight. He fell through one of the rooflights, then through a suspended ceiling below and landed on the floor of a corridor inside the building.
HSE inspectors found that C Grant (Roofing and Guttering) Ltd had failed to ensure that the repair work was carried out in a safe manner.
C Grant (Roofing and Guttering) Ltd, of Coldwell Park Drive, Gateshead, pleaded guilty to breaching Regulation 4(1)(c) of the Work at Height Regulations 2005. The company was fined £4,000 and ordered to pay £1,600 costs.
Speaking after the case HSE Principal Inspector Robert Hirst said:
“This was a wholly avoidable incident that resulted in serious injury to this man.
“Work at height is a high risk activity and falls from height remain the single biggest cause of death and serious injury in the construction industry.
“It is therefore essential that all such work is properly planned, managed and monitored, and carried out in a safe manner by ensuring that all necessary precautions are taken to prevent falls and protect workers.
“C Grant (Roofing and Guttering) Ltd failed to meet these simple requirements.”
Cambridgeshire company and director in court after scaffold falls into street
A Cambridgeshire company and its director have been prosecuted after an unsecured scaffold collapsed into a street.
It fell onto the pavement and road in High Street, Stretham, on 18 April 2013 three days after it was erected in front of a house by Buckden firm Crusaders Scaffolding Ltd and director Gary Driver.
Both parties were prosecuted by the Health and Safety Executive (HSE) after an investigation found the two-storey structure, which was around 11 metres long and 4.5 metres high, had not been secured to the property in any way.
Cambridge Magistrates’ Court heard that a large covering of plastic sheeting had been attached to the outside of the scaffold to protect passers-by as the work being carried out on the house involved shot blasting and steam jetting. However, this ultimately acted as a sail that caused it to blow over in the wind.
Crusaders Scaffolding Ltd, registered to High Street, Saffron Walden, Essex, but operating from Great North Road, Buckden, was fined a total of £15,000 and ordered to pay £526 in costs after pleading guilty to two breaches of the Work at Height Regulations 2005 and one of the Health and Safety at Work etc Act 1974.
Gary John Driver, 51, of Hunts End, Buckden, St Neots, was fined £5,000 with £500 costs after also pleading guilty to the same Health and Safety at Work etc Act 1974 offence.
Speaking after the hearing, HSE inspector John Berezansky said:
“It was extremely fortunate that no-one was working on the scaffold at the time and that no-one or nothing was hit when it fell. This is a busy High Street used by children to get to and from the local school. Had the scaffold fell during the morning or afternoon school run it could have been a different story.
“The scaffold fell well below the required standard. In essence, Crusaders Scaffolding created an unsecured sail that fell over in the wind. Gary Driver was directly involved in the commissioning and construction of the scaffold. The risks associated with scaffolding are well known in the industry and to have not secured the structure was a basic error.”
Timber firm in court over worker’s injuries
A timber company has been fined after an employee was run over by a forklift truck.
Nottingham Magistrates’ Court heard that James Abrahams was walking alongside the forklift to steady a pallet of fencing being transported at Jon Walker Timber Product Ltd’s yard at Mansfield Lane, Calverton, when the incident happened on 30 July 2012.
He suffered leg fractures, broken and dislocated toes and deep grazing.
Mr Abrahams, 21, of Calverton was hospitalised for 12 days and unable to work for a number of months. He has not returned to the company.
A Health and Safety Executive (HSE) investigation found a number of failings at the company.
There was no safe system of work for transporting pallets through the yard. A risk assessment was not carried out and employees had not been provided with adequate training, information or instruction. Pedestrians and vehicles should not have been working in such close proximity.
The forklift driver’s licence had expired four months prior to the incident and forklifts were operated by other unlicensed drivers.
The court heard that the firm had been issued with an Improvement Notice in 2001 for a lack of risk assessments, and written advice had previously been given by HSE on workplace transport issues, including forklift driver training.
Jon Walker Timber Products Ltd, of Bonington Road, Mapperley, pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. Act 1974 and Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999 and was fined £15,000 and ordered to pay £9,850 costs.
After the hearing HSE inspector Samantha Farrar said:
“This incident could so easily have resulted in a fatality and was entirely preventable.
“It had become the usual procedure, when pallets were leaning or unstable, for employees to walk alongside forklift trucks to hold the loads steady. It was this unsafe practice that led to serious injury.
“Vehicles at work are a major cause of fatal and severe injuries with more than 5,000 incidents involving workplace transport every year. Providing a safe system of work based upon the findings of a suitable risk assessment and adequately training, informing and instructing of staff makes incidents such as this significantly less likely.”
Building sub-contractor’s safety neglect led to his own injuries
A Newton Abbot building sub-contractor who suffered a fractured spine while demolishing a temporary school classroom near Exmouth in Devon, has been fines for safety failings that could have also put the safety of others in danger.
William Batten (66), trading as Bill Batten Concrete Cutting and Demolition Service, was injured when he removed key timber supports at the corners of the roof, destabilising it and causing it to collapse on top of him. The collapse was witnessed by schoolchildren in a nearby playground on their lunch break.
Mr Batten suffered a fractured vertebrae and neck injury. He was hospitalised for a week but has since returned to work undertaking light duties.
An investigation by the Health and Safety Executive (HSE) found Mr Batten had started work he was not supposed to. It identified that the roof of the temporary classroom had been supported by timber in each corner. Steel fixtures had been inserted to add additional structural support for the windows, but not the roof.
North and East Devon Magistrates’ heard that Mr Batten’s firm had been contracted to demolish two buildings at Lympstone Church of England Primary School.
A ‘soft strip’ of the temporary classroom took place on 11 June 2013 and demolition of the main structure by mechanical means was to be carried out on the following days when Mr Batten’s son, business partner and planner of the work, returned from leave. A further risk assessment and method statement was to also be submitted prior to the structural demolition going ahead.
However, after Mr Batten had finished the ‘soft strip’ with two labourers, he decided to undertake further stripping work, including the removal of the timber supports to the corners and cladding.
Mr Batten wrongly assumed that steel stanchions supporting the windows were holding up the roof when in fact they were not. When the wooden struts to the corners of the building were removed, the roof became unstable and collapsed. The two employees narrowly escaped harm but Mr Batten, was trapped underneath the roof for several hours.
William Melvin Batten, trading as Bill Batten Concrete Cutting and Demolition Service, of Exeter Road, Kingsteignton, Devon, was fined £500 and ordered to pay costs of £868.90 after pleading guilty to breaching Regulation 29(1) of the Construction (Design and Management) Regulations 2007.
Speaking after sentencing HSE inspector James Powell, said:
“William Batten failed to ensure the demolition of the temporary classroom was carried out without presenting a danger to anyone, including himself and two employees. The work had been properly planned, by his son and partner, in advance and had the work been carried out in that manner, this incident would not have happened.
“He had not demolished a classroom like this one before but he was aware that he was only to undertake a soft-strip and that he knew the main structure was going to be brought down with a machine at a later date – once the inside had been cleared.
“But after stripping the internal fixtures, Mr Batten continued to strip the building, wrongly assuming that the steel fixtures supporting the windows were holding up the roof. The two other employees on site at the time were extremely lucky to have escaped with no injuries.
“Demolition, dismantling and structural alteration are high risk activities which require careful planning and execution by trained demolition operatives under the supervision of a competent person.”
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