Everyone at RHSS Ltd would like to wish you all a very Merry Christmas and a Happy (and safe) New Year!
Rob, Jack, Martin, David, Michael and Sarah
Blog will return in 2016.
HSE prosecution round up:
Worker killed by falling from ladder during boiler inspection
A sub-contractor was fined
after a worker was killed when he fell from a ladder during an inspection of a
boiler.
Winchester Magistrates’ Court
heard how third party contractor, David Wood, (62 at the time of the accident),
of Hampshire was inspecting a boiler in the loft space of a private residence.
The ladder had been incorrectly fitted which resulted in Mr Woods falling and suffering
fatal injuries.
An investigation by the HSE
into the incident, which occurred on 19th March 2013, found that the
sub-contractor Poitr Kowalczyk, who could not speak or read English and was not
conversant with current British health and safety standards, was tasked with
carrying out refurbishment and improvement works at the residence. This
included fitting a propriety loft ladder. The ceiling, not being of a standard
height was not compatible with either two or three section extendable ladders.
Piotr Kowalczyk chose to fit
the longer three section ladder. However, due to the restricted loft space it
was not possible to fit the retaining bar on the ladder. The retaining bar is a
safety device that locks the ladder at a safe angle.
When Mr Wood was on the ladder,
the omission of the retaining bar allowed the ladder to slide forward causing
Mr Wood to fall backward to the floor below. This resulted in fatal head
injuries.
Piotr Kowalczyk, of Howard
Road, Southampton, was sentenced to six months imprisonment, suspended for two
years and ordered to pay costs of £12,404 after pleading guilty to offences
under Section 3(2) of the Health and Safety at Work etc Act 1974.
Worker injured after falling through rooflight
A painting company has been
fined after a worker fell through a roof light whilst working at height.
Cwmbran Magistrates’ Court
heard the employee working for Williams Contractors Limited of Pontypridd, was carrying
out painting work when he fell off a Youngman board and through the roof
lights.
He suffered a broken left wrist
and injuries to his chest, back hip and leg and was unable to work for six
months.
An investigation by the HSE
into the incident, which occurred in August 2013, at A Schulman Incorporated
Limited, Crumlin, Newport, found that there was poor planning and supervision
of the task and an unsafe method of work.
Williams Contractors Limited,
of Gelliwastad Road, Pontypridd, was fined a total of £12,000 and ordered to
pay costs of £1,069 after pleading guilty to an offence under Regulation 4(1)
of the Work at Height Regulations 2005.
Tradesman fined after employee lost fingers
Richard John Pullinger, a sole
trader that recycles cardboard in Polesworth, was fined after a 19-year-old
employee suffered severe damage to his left hand when it was drawn into a
roller press that had no guards on it.
Nuneaton Magistrates Court
heard that the employee, Wade Moore, who had only been working for Mr Pullinger
for three weeks, had his hand on top of cardboard as it was being drawn into
the rollers. There was no emergency stop button on the machine but another
operator realised what had happened and put the machine quickly into reverse
mode.
Wade lost a third of his fifth
finger, part of his ring finger and thumb, had multiple fractures and lacerations
of his hand and needed a five hour operation to limit the damage. He still
requires physiotherapy treatment and has had a further operation on his thumb.
An investigation by the HSE
found that the machine was at least 26-years-old and was in a poor state of
repair. A prohibition notice was immediately issued after the incident and a
guard was fitted to the machine days later.
Richard John Pullinger trading
at Unit 5A Pooley Hall Farm Pooley Lane, Polesworth, was fined £13,000 and was
ordered to pay £6,143 in costs after he pleaded guilty to a Contravention of
Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 as
effective measures had not been taken to prevent access to the dangerous parts
of the roller press.
Company fined after scaffolding blown over during dismantling
A scaffolding company was fined
after scaffolding hit a bus and pedestrians when it blew over during
dismantling.
Leicester Magistrates’ Court
heard how on 28 January 2015, Emperor Scaffolding Limited of Leicester was
dismantling scaffolding on Charles Street when the incident occurred. The
scaffolding hit a bus, landed on a parked van and hit two members of the
public.
An investigation by the HSE
into the incident found that the company was not following a safe system of
work. The scaffolding was not tied to the building and sheeting was left in
place. The scaffolding dismantling took place over four days and the workers
failed to check the scaffolding condition before they started or to take
adequate measures to correct defects and ensure it would not collapse during
the dismantling.
Emperor Scaffolding Limited, of
Fairefield Crescent, Glenfield, Leicester, was fined a total of £8,000, with
costs of £2,000 after pleading guilty to offences under Regulation 28(1) of the
Construction (Design and Management) Regulations.
Construction firm fined over unsafe work practises during
refurbishment
J B Barbour and Co Ltd has been
fined after a worker was killed when he was struck by a falling signage and
fascia assembly during shop fitting work at a retail unit.
On the 6 July 2011, the
26-year-old employee, Michael Kelly, was clearing debris from the dismantling
of shop front units, when the fastenings to the signage and fascia suspended
above Mr Kelly failed causing one end to drop down to the shop floor level striking
Mr Kelly and causing fatal injuries.
The HSE investigation found
that the company failed to properly assess the supporting arrangements for the
signage and fascia assuming they were supported by steel hangers and that it
would be safe to remove the shop fronts.
Stafford Crown Court heard that
the incident could have been prevented if work had been properly planned,
assessed and supervised. The company’s own method statement had sufficient
information to implement some control measures that could have prevented the
incident, but neither the site team nor management team recognised the need to
follow their own guidance after receiving a holding request had been made by their
client that affected the sequence of work.
J B Barbour and Co Limited of
Lawmoor Street, Dixons Blazes Industrial Estate, Glasgow pleaded guilty to
breaching Section 2 (1) and Section 3 (1) of the Health and Safety at Work Act
1974 and was fined £85,000 with £89,053 costs.
Three companies fined after worker lost his life
Three companies have been fined
for safety failings after a concrete panel fell from a lorry and killed a
worker.
Derby Crown Court heard how on
11 January 2011 Mr Travis Hale, 45, was employed as a driver by Punchards
Haulage Limited (Punchards) to transport a load of four concrete panels from
Derby to a construction site in Edinburgh.
The panels had been designed by
VTK Structures Limited (VTK) and manufactured by Hanson Packed Products Limited
(Hanson).
When Mr Hale arrived to collect
the loaded trailer from Hanson’s yard, three vehicle straps supplied by
Punchards had been used to secure the load into the trailer.
Shortly after starting his
journey Mr Hale was contacted and asked to pull over to check his load. He was
joined by employees from VTK (designers of the panels) who advised him to fit
more straps.
When Mr Hale undid one of the
existing straps, a panel weighing approximately one and a half tonnes fell off
the trailer and killed him.
An investigation by the HSE
into the incident found that the number of straps over the load were not
sufficient to secure it safely for transport. All three companies should have
cooperated to ensure that a safer means of securing concrete panels on the
trailer were used.
Punchards Haulage Limited, of
Bramshall Industrial Estate, Stone Road, Bramshall, Staffordshire were fined a
total of £140,000, and ordered to pay costs of £37,016 after pleading guilty to
an offence under Section 2(1) of the Health and Safety at Work etc. Act 1974.
VTK Structures Limited, of Mill
Bay Lane, Horsham, West Sussex were fined a total of £140,000, and ordered to
pay costs of £37,016 after pleading guilty to an offence under Section 3(1) of
the Health and Safety at Work etc. Act 1974.
Hanson Packed Products Limited
(Formerly known as Hanson Building Products Limited), of Hanson House, Castle
Hill, Maidenhead, were fined a total of £80,000, and ordered to pay costs of
£37,016 after pleading guilty to an offence under Regulation 3(1) of the
Management of Health and Safety at Work Regulations 1999.
Builder fined after sacks of rubble thrown from building window
A Coalville construction firm
working in Leicester has been sentenced after workers were spotted throwing
sacks of rubble from a building project opposite a police station.
Police officers called the HSE
as debris was being launched out of a fifth floor window to a flat roof several
metres below. They also saw unsafe working at open edges with no fall
protection.
HSE inspectors arrived at the
site on 2 October 2014 and witnessed the activity first hand and after
investigating, prosecuted the firm.
J A Ball Ltd. was contracted to
carry out work to refurbish former office space into flats at Allied Place, 44
Abbey Street, Leicester.
Leicester Magistrates’ Court
was told company director Adam Ball decided soft stripping work should begin
and walked the site with a worker who was not a site manager while issuing
instructions.
The court heard that Ball had
not ensured a refurbishment and demolition asbestos survey had been carried out
on the site before work commenced, and no paperwork was given to the worker
regarding the methods to be used to carry out this work.
No risk assessments or site
paperwork was given to Ball’s employee and no site file existed. There was a
substantial amount of waste generated and placed into the rubble bags. These
were initially taken down the stairs to the flat roof and then dragged across
the flat roof and thrown over the edge into the skip at ground level.
The flat roof had a number of
unprotected fragile roof lights across it and there was no edge protection on
the flat roof. Mr Ball’s employees then decided it would quicker to simply
throw the rubble bags out of the window while they were working on the fifth
floor. So while standing on the window sill of an open window bags were thrown
to the flat roof before being dragged to skip.
HSE told the court that Adam
Ball had arranged for work to begin on a site without ensuring that the proper
procedures had been followed, and that all workers had been given adequate
information. He also made incorrect assumptions about his employee being
competent to manage this project.
J A Ball Ltd, of Property
Court, Telford Way, Stephenson Industrial Estate, Coalville admitted breaching
of Regulation 4(1) of the Work at Height Regulations 2005 and was fined £13,000
with £1182.00 costs.
HSE Myth Busters:
Bus
Company separates boys and girls on school bus
IssueA bus company providing contracted service to a school stated that they separated boys and girls on their school bus in order to comply with health and safety regulations.
Panel opinion
There is certainly no specific health and safety at work legislation that requires boys and girls to be separated on school buses. Bus operators do need to find practical ways to control rowdy behaviour however. This is primarily an issue of good discipline, and pupils moving about a bus or misbehaving can create real dangers for themselves, others on the bus and other road users if the driver is distracted.
Supermarket
café unable to heat up mince pies
IssueA supermarket café told a customer they were unable to heat up a mince pie they served for health and safety reasons.
Panel opinion
A clear case of "bah humbug" here. There are no health and
safety rules which would prevent the counter staff responding to a perfectly
reasonable request to heat up a mince pie. The store management have confirmed
there is no central policy on this either so we hope the serving staff can get
into the Christmas spirit soon.
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