Monday 17 October 2016


Consultants out and about…

Spotted by our consultant Michael Broder in Kensington during morning rush hour - construction workers were loading waste into this skip with no safety controls in place and no consideration for the passing traffic or pedestrians.
 
 
 
 
 
 
 
 
 
 
 
Health and Safety in the news this week

Star Wars film maker fined £1.6 million for injuring Harrison Ford

The makers of Star Wars: The Force Awakens have been sentenced after failing to protect the actors and workers while on set during filming at Pinewood Studio, Slough, Buckinghamshire.
Harrison Ford suffered a broken leg and deep lacerations when he was knocked off his feet and pinned to the floor of the Millennium Falcon set as a prop door closed on him. HSE’s investigation found that there was no automatic emergency cut off, to protect those on set, instead relying on the reactions of the prop operator(s) to bring the door to a stop.

Aylesbury Crown Court heard how a combination of preventable events, starting with how the door was designed, led to the incident.
During dress rehearsals on the 12 June 2014 Harrison Ford walked back towards the entrance ramp of the Millennium Falcon and pressed the prop door button to ‘close’ the door. As the cameras were not rolling he did not expect it to close. The production crew member who was operating the prop believed they were in full rehearsal and closed the door.

The door’s steel frame was overlaid with sheets of metal and had a tapered edge. Its operation moved from ceiling to floor in a sharp downward motion. It did not have any automated safety mechanisms to cut out if a person was unexpectedly under the door.

The risk of the door causing a serious injury or death had been highlighted by one of the health and safety officers for the production company. Foodles Production (UK) Ltd should have put a system in place to ensure the actors and production workers were protected. A different design with inbuilt safety features or using a different material could have guarded against any possible miscommunication on a busy film set.
Foodles Production (UK) Ltd, who had pleaded guilty at a previous hearing to Section 2 and Section 3 (1) of the Health and Safety at Work etc. Act 1974, were today fined £1.6 million and ordered to pay costs of £20,861.22 at Aylesbury Crown Court.

HSE’s Divisional Director Tim Galloway said:

“This incident was foreseeable and preventable and could have resulted in more serious injury or even death.  The power and speed of the door was such that, had Mr Ford or anyone else had been struck on the head by the door as it closed, they might easily have been killed.  It was only the almost instantaneous actions of the prop operator in hitting the emergency stop that prevented the door from continuing to press down on Mr Ford as he lay on the floor.  I think everyone would accept that all the people who work in the film industry have a right to know that the risks they take to entertain us, including when making action movies, are properly managed and controlled.”

HSE prosecution round up:

Paper mill worker left with disabling crush injuries
A Halifax paper mill firm has been fined for safety breaches after a worker suffered severe crush injuries to his right hand.

Bradford Crown Court heard that the injured worker sustained serious crush injuries in September 2013 while changing a couch roll on a board machine at Sonoco Cores & Paper Limited’s Halifax plant. The worker’s middle finger was severed in the machine and he required subsequent amputation of both his index and ring fingers.  He is now registered as partly disabled.
Sonoco Cores & Paper Ltd of Stainland, Halifax pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £120,000.00 with £6,354.00 costs.

After the hearing, Health and Safety Executive (HSE) Inspector Jackie Ferguson said: “The Company failed to provide a safe system of work for changing couch rolls on a board machine. Their risk assessment for this type of work was not suitable or sufficient; it had identified the hazard, yet it did not consider the likelihood or severity of the risk and did not identify appropriate measures to prevent an uncontrolled fall of the machine’s hinged steel arm.  Companies should be aware that HSE will not hesitate to take appropriate action against those that fall below the required standards.”

Supermarket in court after worker injured in roof fall
Supermarket chain Tesco has been fined after health and safety breaches led to a worker falling through a skylight.

The employee of Tesco Maintenance Ltd was lucky to suffer only minor injuries after falling 30 feet through a fragile skylight onto the trading area floor of the Tesco Liscard Express store in Liscard Village, Wallasey, on the 13th June 2014.

Liverpool Crown Court heard that the worker was part of a team carrying out repairs to the roof and gutters of the store when the incident occurred.
Tesco Maintenance Ltd and Tesco Stores Ltd were prosecuted by the Health and Safety Executive (HSE) after an investigation found that no risk assessment or method statement had been produced prior to carrying out the work. The fragile skylights should have been identified and precautions taken but Tesco Maintenance Ltd had received no information relating to the fragility of the roof from their client Tesco Stores Ltd.

Tesco Stores Ltd of Tesco House, Shire Park, Kestrel Way, Welwyn Garden City, pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work etc. Act 1974 and Regulation 10 of the Construction (Design and Management) Regulations 2007 and was fined £200,000 with £712.70 costs.
Tesco Maintenance Ltd of Tesco House, Shire Park, Kestrel Way, Welwyn Garden City, pleaded guilty to breaching Regulation 9 of the Work at Height Regulations 2005, Section 2(1) of the Health and Safety at Work etc. Act 1974 and Section 3 (1) of the Health and Safety at Work etc. Act 1974 and was fined £300,000 with £624.60 costs.

Speaking after the hearing HSE Inspector Chris Hatton said:
“Contractors should treat all roofs with care and check before starting any work if they are fragile. I am shocked at a company the size of Tesco failing to take even basic precautions to prevent injury to its employees and further, to risk injury to the public.”

Bolton night club owner fined over asbestos exposure
A Bolton night club owner has been sentenced after admitting a failure to carry out a survey for asbestos before starting on the refurbishment of a local night club.

Manchester Magistrates’ Court heard how UK Night Life Limited and its sole director, Charles John McGrath, undertook the management of a refurbishment project between 1 August and 12 August 2015 on The Level nightclub, Mawdsley Street, Bolton without an experienced contractor in place to manage the site. Up to 20 workers were potentially exposed to deadly asbestos fibres in order for the club to open in time for Fresher’s week and an influx of students to the club.
The site first came to the Health and Safety Executive’s (HSE) attention in August 2015 following a complaint from Bolton Council regarding unsafe construction works throughout the site.

The HSE inspector served a total of three Prohibition Notices and two Improvement Notices, along with a Notification of Contravention for a foreseeable risk of asbestos exposure, a lack of competent site manager, risk of falls from height, unsuitable welfare facilities and inadequate fire safety precautions.
Charles McGrath, sole director of UK Night Life Limited, of Mawdsley Street, Bolton, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974, and Regulations 5(a) and 16 of the Control of Asbestos Regulations 2012, and was fined £5,720.00 with costs of £3,535.86.

In his summing up, District Judge Sanders remarked that Mr McGrath had chosen to rush through the works with unqualified and inexperienced people running the site on a day-to-day basis. He went on to say that it was clear that these offences amounted to a ‘degree of cost cutting at the expense of safety’.
HSE inspector Matt Greenly said after the case:

“Mr McGrath totally failed in his duty to protect his workers, subcontractors and anyone else accessing this site from a foreseeable risk of serious harm. Asbestos related diseases are currently untreatable and claim the lives of an estimated 5,000 people per year in the UK.
The requirement to have a suitable asbestos survey is clear and well known throughout the construction industry. Only by knowing if asbestos is present in any building before works commence can a contractor ensure that people working on their site are not exposed to these deadly fibres.

The cost of an asbestos survey is minimal compared to the legacy facing anyone who worked on this site. They now have to live with the realisation that due to the lack of care taken by Mr McGrath they may face a life shortening disease at some point over the next 30 or more years, from an exposure which was totally preventable. This case sends a clear message to any company that it does not pay to ignore risks on site, especially to simply keep to a self-imposed tight schedule.”

Worker injured after being struck by concrete skip

A site manager and a worker have been fined for safety failings after another worker was struck by a concrete skip at a construction site in South London.
Woolwich Crown Court heard how on 23 February 2012, Ryan Musgrave, 27, suffered a badly broken left leg and fractures to his right ankle and several ribs, when an empty concrete skip (weighing 215kg) became detached from an excavator and fell onto him at the Harris Academy in Welling. He was unable to work for seventeen months.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 23 February 2012 found that there was no thorough examination certificate for the shackle on the excavator, and the shackle was defective.
Site manager Christopher Crowley, of Dominion Drive, Collier Row, London, pleaded guilty to breaching Regulation 9(1)( a) of the Lifting Operations and Lifting Equipment Regulations 1998.  He was fined £1,000, and ordered to pay costs of £2,500.

Self-employed construction worker, Michael Kernan, of CYC Coastal Club, Marine Parade, Sheerness, pleaded guilty to breaching Regulation 8(1) (c) of the Lifting Operations and Lifting Equipment Regulations 1998 and was fined £1,500 and ordered to pay costs of £2,000.
Speaking after the case HSE inspector Melvyn Stancliffe said: 

“Mr Crowley should have taken the shackle on the excavator out of use when he inspected it two days before the incident as he had not seen a thorough examination report for it.  The law is clear that lifting accessories must not be used unless they have been thoroughly examined in the previous six months and that there is a report available to prove that.
Mr Kernan, an experienced construction worker, accepted that he did not fully screw in the pin on the shackle as he should have done and as a result it failed.

Lifting accessories are not complex items but if they are not used properly or are not thoroughly examined periodically then the consequences can be serious. The practice known as ‘backing off’, unwinding the pin by a quarter of a turn, is not safe and shouldn’t be used.
This case highlights the importance of ensuring simple checks are carried out properly and that equipment is used correctly”.

Worker suffers severe injuries in roof fall
A roofing company has been fined after a worker fell five metres through a roof sustaining severe injuries.

St Albans Crown Court heard how a 32 year old labourer was working for Richardson Roofing Company Limited (RRCL) on a construction site at Kingsley Green, Radlett, Hertfordshire, on 8 August 2013.
The worker was fitting battens on the roof around holes for the skylights when he stepped on a membrane covering one of the holes and fell approximately five metres. He sustained two broken wrists and four fractures to the skull and was hospitalised for fifteen days. He has not been able to return to this type of work.

An investigation by the Health and Safety Executive (HSE) into the incident found that the hole had been previously covered by boards but these were later removed in order to complete the works up to the hole’s edge, leaving the hole visually obscured by the thin roofing membrane. The company failed to properly identify and put in place controls for controlling the hazard of falling through the roof once the boards were removed.
Richardson Roofing Company Limited, of Richardson House, Moor Lane, Staines, Middlesex, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005, and was fined £200,000 and ordered to pay costs of £6,865.

Building contractor prosecuted following worker’s fall
A building contractor from Wokingham has been prosecuted after a worker fell and punctured his lung while carrying out demolition work.

Kevin Lipscombe, 58, had been asked to dismantle an old shed that was by a new build house. While working on the roof of the shed, Mr Lipscombe lost his balance and fell onto an adjacent old greenhouse. His fall, on 18 December 2014, shattered the glass and punctured his lung.
High Wycombe Magistrates’ court heard how Mr Lipscombe was not given any instructions or equipment to dismantle the shed and there has been no suitable risk assessment carried out before the work started.

An investigation by the Health and Safety Executive found that work had not been planned and there was no protection to prevent workers from falling from height.
John David McCormick (trading as Trymac Construction), pleaded guilty to breaching regulation 4 (1) and 9(2) of the Work at Height Regulations 2005. He was fined £2,000 for each, a total of £4,000, and was ordered to pay costs of £2,147 with a victim surcharge of £120.

Construction Company fined after worker loses both legs
A Cornish construction company has been fined after their worker had to have both legs amputated, around the knee, after being crushed by a dumper truck.

Roger Daw, 58, was operating a fully loaded front tipping dumper on his employer’s site in Liskey Hill, Perranporth. He drove the dumper down an incline where it became imbalanced and overturned. Mr Daw, who appears to have not been wearing a seatbelt, was thrown from the vehicle, which landed on his legs and crushed him.
Truro Crown Court heard that there were a number of failings that led to the incident. The specific type of truck being used by Mr Daw was not appropriate for the task but no-one on site had assessed the plant equipment’s limitations.

The Health and Safety Executive investigation found the company had also not carried out an assessment for any of their drivers or their competence in using the plant equipment.
Roger Daw, from Plymouth, was airlifted to hospital where they had to amputate both of his legs about the knee.

MJL Contractors Ltd, Hellys Court, Water Ma Trout Industrial Estate, Helston Cornwall, pleaded guilty to breaching Section 2 (1) Health and Safety at Work etc. Act 1974. They were fined £200,000 and ordered to pay costs of £12,312.56.
HSE inspector Jo-Anne Michael, said:

“Roger Daw’s life has been changed forever. If MJL Contractors Ltd had planned the work properly, assessed the equipment and the drivers this incident would not have happened.  Companies must learn that risk assessments are there to protect their workers from the real risk that mobile plant can become unstable.”

Council fined after employee was injured from fall
A Yorkshire council has been fined after an employee was injured when he fell from a ladder.

Hull Magistrates’ Court heard how an employee of East Riding of Yorkshire Council (ERYC) fell from a ladder while descending from a porch roof which was being re-felted. He fell 2.4 metres and suffered two broken vertebrae.
An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 23 April 2015 found that the ladder was not tied and there was no edge protection in place for the porch roof. The task had not been risk assessed and decisions regarding safety and equipment were left to the workers.

East Riding of Yorkshire Council of County Hall, Beverley, Hull, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, and was fined £40,000 and ordered to pay costs of £664.00.
Metal company fined after worker loses foot

A Bedfordshire metal company has been fined for safety breaches after a worker suffered severe leg injuries and lost most of his foot.
Luton Magistrates’ Court heard how 24 year-old Luke Simpson, who was an agency worker for the company, was injured when a trolley carrying metal stock fell on his legs causing severe injuries.

A bundle of 18 stainless steel bars weighing about 900kg was on a four wheeled trolley. The trolley was manually moved by Mr Simpson and another staff member but it tipped over and the bundle of bars fell off the top of the trolley trapping his leg and foot. He was rushed to hospital by the emergency services.
Mr Simpson’s right leg was broken and his right foot was badly crushed. Despite a number of operations to save his foot, most of it was amputated and he now has a prosthetic foot. It was many months before he was able to return to work. Mr Simpson is currently only able to work on a part-time basis.

HSE found that the metal trolleys had been used on site for some 20 years without incident. Smiths purchased the trolleys to be used as ‘workstations’, but employees had chosen to also use them to move metal stock around the site. There was no risk assessment or written system of work for these trolleys at the time of the accident. The trolley also had faulty wheels and there was no record of any maintenance.  After the accident, the trolley was given a safe working load of 500kg; half the weight placed on the trolley at the time of the accident.
Smiths Metal Centres Limited of Stratton Business Park, Bedfordshire pleaded guilty to Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £130,000 with costs of £2,456.40 and a victim surcharge of £120.

Speaking after the hearing, HSE Inspector Emma Page said:
“Luke’s life has been drastically altered by what happened and this incident could have been very easily avoided with some very simple measures. The right equipment and a correct maintenance system would have prevented this from happening.”

Manufacturing firm fined after worker crushed to death
Oldham manufacturing firm R Tindall (Fabricators) Ltd has been prosecuted after a worker died after he was crushed under metal pipework.

Manchester Minshull Street Crown Court heard that 53-year-old Frank Dunne was operating a side-loader fork lift truck which was carrying a vacuum packed pipe bundle. While he was attempting to load a second bundle weighing 1.5 tonnes, it fell, crushing him underneath.
There were no eye witnesses to the incident and Mr Dunne was found over an hour later when work colleagues moved the side-loader which was still running, discovering his body under the pile.

A Health and Safety Executive (HSE) investigation found there was no risk assessment or documented system for moving and stacking pipework or any items around the site. Also the method of packing bundles had changed without being documented anywhere. The previous method using a wooden framework was actually more stable and would have meant that Mr Dunne would not have been in a danger area if this system had continued.
R Tindall (Fabricators) Ltd of West Point Industrial Estate, Hargreaves Street, Oldham pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc Act 1974 and was fined £70,000 and ordered to pay costs of £5,000.

HSE Inspector Mike Lisle said:
“There was no risk assessment carried out on this new method of working and no system put in place for the operators to follow. If the company had provided a safe system of work for their employees to follow this tragic incident to Mr Dunne could have been avoided.”

Building contractor in court after worker killed by falling load
A building contractor has been fined after a worker was killed when a load fell from a tower crane during a lifting operation in Colchester.

Urban Summit Construction Ltd was the Principal Contractor on a construction site at King Edward Quay, Haven Road, Colchester, where 780 student accommodation apartments were being built.
On 8 January 2014, during a lifting operation using the site’s tower crane, a load become detached from the chains and landed on the Banksman who was in charge of the operation. David Holloway, 35, sustained extensive injuries and died on site.

The Health and Safety Executive (HSE) prosecuted Urban Summit Construction Ltd at Colchester Magistrates Court after an investigation found the company failed to ensure that lifting operation was carried out in a safe manner.
Urban Summit Construction Ltd of 15 California, Little Downham, Ely, Cambridgeshire CB6 2UF, were fined £15,000 and ordered to pay £29,127 in costs after pleading guilty to breaching Regulation 8 (1)(c) of The Lifting Operations and Lifting Equipment Regulations 1998.

Speaking after the hearing, HSE Inspector David King said:
“It is essential that lifting operations are carried out in a safe manner, to help ensure the lift is carried out without risk to those in the area. Lifting operations must be properly planed by a competent person, carried out by adequately trained persons, and with appropriate supervision.  Guidance on carrying out lifting operations safely is freely available on HSE’s website, if this company had properly planned and supervised this work, this tragic incident could have been avoided”


 

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