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.”

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.

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.”

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