Health and Safety in the news this week

Southwark pleads guilty over Lakanal House fire

A London council has pleaded guilty to four counts of breaking fire safety regulations over a blaze in a 14-storey tower block that killed six people.

Southwark council admitted it failed to address fire risks at Lakanal House in Camberwell, south-east London, in the years leading up to the UK’s worst ever tower block fire on 3 July 2009.

The fire, which an inquest previously found had started in a television in a ninth-floor flat, spread through the 1958-built block of 98 maisonettes with a ferocity that baffled firefighters and terrified residents. 

Those who died had been told to stay in their homes by 999 operators, who believed fire safety measures would be sufficient to prevent flames and smoke from reaching them.

London Fire Brigade, which is responsible for enforcing fire safety laws, originally brought 22 charges against Southwark, but in a hearing at Southwark Crown Court, the council agreed instead to plead guilty to four charges on a revised indictment.

Outlining the case against Southwark, Stephen Walsh QC, representing the fire brigade, said:

“It was a serious fire from about four o’clock in the afternoon on that warm day. It started in a piece of electrical equipment in a bedroom in a flat on the ninth floor.

Tragically, six people, including three children, died on the 10th and 11th floors. But it’s of great importance that I make the point that this prosecution is concerned with the risks that existed prior to the fire, because that’s what the fire safety order is concerned with.”

Dave Lewis of the Sceaux Gardens Tenants and Residents Association, who lives in Marie Curie House, an identical block opposite Lakanal House, said:

“It was a very tragic day back in 2009; three children, one 20 days old, lost their lives.

I think it’s appropriate for the London Fire Brigade to bring this case against Southwark council. I think Southwark ... have put a lot of time, energy and money into improving fire safety in high-rise [blocks] and beyond there.

However, I think this case is needed because the message needs to go out to landlords, social or otherwise, that they have responsibilities that can’t be ignored.”

Dan Daly, London Fire Brigade’s assistant commissioner for fire safety, said their advice in the event of a similar incident remains the same:

“If buildings are built and maintained correctly, walls, floors and doors in flats and maisonettes give you protection from fire – a minimum of 30 to 60 minutes – so, if there is a fire elsewhere in the building but not inside your home you’re safer staying in your flat unless heat or smoke is affecting you. Stay put and call 999.

If you leave your flat you could be rushing into choking smoke, the fire itself or firefighters using equipment to bring the fire under control in another part of the building.”

A Southwark spokeswoman said the council accepted responsibility for the fire and had spent £62m on fire risk assessment programmes since.

Source: Construction Manager News

HSE prosecution round up:

Steel worker suffers life threatening injuries

A Canvey Island engineering firm was sentenced today for health and safety breaches after a worker suffered life-changing injuries.

Southend-on-Sea Magistrates’ Court heard that on 10 June 2015 Felix Trefas, 27, a welder for F. Brazil Reinforcements Ltd, was making large steel reinforcing cages which were moved by overhead travelling cranes.

When one of these cranes broke down, a colleague asked Mr Trefas to climb more than an estimated six metres up the crane supports to re-set the controls. While Mr Trefas was resetting the faulty crane, his left leg was crushed when he came into contact with another overhead crane. His leg was later amputated below the knee.

The District Judge heard the overhead cranes were poorly maintained so that workers regularly had to work at height to re-set them and during the night shift this often involved workers climbing the crane support column

Summing up he said this “horrific accident should never have happened” and that the company “should have had systems in place” to identify that unsafe access to the cranes was regularly occurring.

The court also heard the toilet and washing facilities for workers were in an extremely poor and dirty condition despite having been the subject of previous enforcement action by HSE.

F. Brazil Reinforcements Ltd of Romainville Way, Charfleets Industrial Estate, Canvey Island pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974, and to two separate breaches of Regulation 4 of the Workplace (Health, Safety and Welfare) Regulations 1992.

It was fined £277,000 in relation to the Section 3(1) charge, a single penalty of £5,000 in relation to the two breaches of Regulation 4, and ordered to pay £11,904 costs and £120 victim surcharge.

After the hearing, HSE Inspector Sue Matthews commented:

“It is essential that lifting equipment is properly maintained and that safe systems of work are in place for work at height. Employers have a duty to ensure that welfare facilities are kept clean.

Felix is incredibly lucky that he was not killed in this incident but he has suffered permanent life-changing injuries. This preventable workplace accident has changed the life of a previously fit and hard-working young man irrevocably.” 

Employer prosecuted after employee falls from roof

A self-employed businessman has been prosecuted after his employee fell from the flat roof of a building and died from his injuries.

Manchester Crown Court heard how, on 22 December 2013, father of two, Jason Fogarty, a casual employee of Roy Hardaker (trading as 9 to 5 Roofing), was working on a flat roof replacement project. He was working alongside Hardaker.

The roof replacement was complete and the men were installing cladding and flashing around the top of the building to seal the edges of the roof. Mr. Fogarty was holding the cladding sheets in position from a ladder footed by his colleague, while Hardaker secured the sheets and the flashing from the roof.

Mr. Fogarty climbed up onto the roof and subsequently fell from the edge and was pronounced dead at the scene. The reason for him climbing to the roof was not discovered.

A joint investigation carried out by Greater Manchester Police and the Health and Safety Executive (HSE) found that the work was not properly planned in order to ensure it could be carried out safely. As a result, there were no measures in place, such as scaffold edge protection, to prevent falls from the edges of the roof.

HSE inspector Laura Moran said after the hearing:

“The dangers associated with working at height are well known.

Mr. Hardaker is an experienced roofer, who completely failed in his duties to properly plan the roof work and to ensure it was carried out safely. By failing to have suitable edge protection installed around the building, Mr. Hardaker put himself and his employees at risk, ultimately costing Mr. Fogarty his life.”

Roy Hardaker, 9 to 5 Roofing, of Oldham, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and was sentenced to nine months imprisonment, suspended for two years and 200 hours of unpaid work.

London based firm fined after worker's death

Bus Company Go Ahead London has been sentenced after worker was killed when he fell from a ladder.

Southwark Crown Court heard on 26 May 2011 the worker was using a ladder to access the top of a fuel tank when he fell two and a half metres backwards, suffering fatal head injuries.

An investigation by the Health and Safety Executive (HSE) found the company did not implement and keep to their own procedures for managing contractors. As a result they failed to manage their contractors effectively and ensure that they conduct work in a safe manner.

Go Ahead London of 41-51 Grey Street, Newcastle Upon Tyne have been found guilty of section 3 (1) of the Health and Safety at Work Act 1974 and have been fined £600,000 and ordered to pay costs of £78,531.

Speaking after the hearing HSE inspector Neil Fry said:

“This is a tragic case which could have been entirely preventable.  If the company had managed their contractors effectively then the worker would have returned home safely from work.”

Self-employed haulage contractor killed by reversing lorry

A Swinton transport company and a director were in court today following the death of an HGV company owner at their Sandywood Industrial Estate.

Daniel Adams, 63, of Farnworth, rented a unit on the industrial estate owned by Alec Sharples Farm Supplies and Transport Limited where the fatal incident occurred on the 7 May 2014.

Manchester Crown Court heard how Mr Adams had been working on one of his own lorries when an HGV owned by Alec Sharples reversed into Mr Adams’s section of the yard.

The HGV driver spoke with Mr Adams. However, when the conversation was over the HGV driver reversed his truck, inadvertently crushing Mr Adams between the two vehicles. Daniel Adams was taken to Salford Royal Hospital where he died of internal injuries two days later.

The incident was investigated by the Health and Safety Executive (HSE) which prosecuted Alec Sharples Farm Supplies and Transport Limited for serious safety failings in the organisation and operation of the site.

The HSE investigation found the firm had failed to implement a safe system of work for reversing HGVs and training drivers. There was no segregation of pedestrians and HGVs or any banksmen provided.

Alec Sharples Farm Supplies and Transport Ltd of Roscow Road, Kearsley, Bolton pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £30,000 and ordered to pay costs of £14,000.

Speaking after the hearing, HSE Inspector Ian Betley said:

“This was a tragic and wholly avoidable incident, caused by the failure of the host company to implement safe systems of work, and failure to ensure that health and safety documentation was communicated and followed.

This risk was further amplified by the company’s failure to undertake a number of simple safety measures including segregating vehicles and pedestrians, ensuring that vehicles were fitted with reversing ‘bleepers’, and ensuring that reversing manoeuvres were supervised, in accordance with their site rules.
 

Container terminal in court after worker injured

London Container Terminal (Tilbury) Limited (LCT) has been fined after a worker was seriously injured when the ‘straddle’ carrier he was driving overturned at Tilbury Docks in November 2014.

Basildon Crown Court heard that on 16 November 2014 a worker inadvertently drove his straddle carrier into a large excavation at the docks.  The court was told that looking down from his cab, the driver did not see the road cones, small flashing lights or the ticker tape around the excavation because it was dark and the weather conditions were poor.

The straddle carrier, a vehicle used in the port terminal for stacking and moving freight shipping containers, toppled over. The worker suffered life changing injuries, his head wound required 29 staples to close and he continues to suffer from post-traumatic stress disorder.

An investigation by the Health and Safety Executive (HSE) found the precautions taken by LCT were wholly inadequate to prevent the vehicle from being able to enter the excavation. The court heard that all of the straddle carrier drivers working in the vicinity of the excavation had been exposed to the risk for several days during the course of the excavation works.

London Container Terminal Limited of Northfleet Hope House, Tilbury Docks, Tilbury pleaded guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work Act 1974 and have been fined £180,000 and ordered to pay costs of £73,296. London Container Terminal ceased trading in December the fine will be paid by the Port of Tilbury (London) Limited.

Speaking after the hearing, HSE Inspector Nicola Jaynes said:

“This was a serious incident and that could have been much worse. This was preventable if LCT had the correct safety precautions in place.  This case serves as a reminder that suitable precautions are required to protect both pedestrians and vehicles from entering excavations.”

Oldham building contractor in court over fall from height risk

An Oldham based building firm has been fined for exposing its workers to dangerous work at height.

An Inspector from the Health and Safety Executive (HSE) issued an immediate Prohibition Notice ordering Select Quality Homes Ltd to stop work at a site at Newmarket Road, Ashton under Lyne until workers had protection against falling from height. 

 

Manchester City Magistrates Court heard that an unannounced inspection took place in April 2015. During the visit the Inspector found that edge protection on the scaffolding was absent or inadequate in several places and as a result a prohibition notice was issued. Upon a return visit from HSE to the site the scaffolding was still inadequate. 

The court also heard that if Select Quality Homes Ltd had carried out their duty to plan, manage, and monitor the site properly, and subsequently followed the advice outlined by HSE’s Inspector, the defects in the scaffolding would have been resolved without the need for any formal enforcement action.

Select Quality Homes Ltd of Middleton Road, Chadderton, Oldham pleaded guilty to breaches of Regulation 6(3) of the Work at Height Regulations 2005 and Section 22 of the Health and Safety at Work etc. Act 1974, and was fined £6,600 and ordered to pay costs of £646.70.

Speaking after the hearing HSE Inspector David Argument said:

“This could have been avoided if Select Quality Homes Ltd had taken simple steps to prevent people from falling, such as guard rails, mid rails and toe-boards.  Prohibition Notices are only served when an Inspector is concerned there is a risk of serious injury.  Failure to comply with these notices is a criminal offence and HSE will take robust action when dutyholders do not take action to control serious risk”.

Source: www.hse.gov.uk

 

 

Health and Safety in the news this week

HSE to make cost recovery dispute process fully independent

The Health and Safety Executive (HSE) has announced that it is to consult on proposals to make its cost recovery scheme dispute process fully independent.

The scheme, Fee for Intervention (FFI) was introduced in October 2012 to shift the cost of regulating workplace health and safety from the public purse to businesses which break the law and ensures the cost burden of HSE intervention is picked up by those companies and not taxpayers.

If an inspector identifies serious health and safety failings in the workplace about which they need to write to the dutyholder, then that dutyholder has to pay the costs of the HSE visit. If the inspector simply issues verbal advice there is no charge. If there is disagreement on HSE’s decision the dutyholder can dispute it.

Until now, disputes were considered by a panel which consisted of two members from HSE and one independent person. However, after reviewing the current process HSE will consult with relevant stakeholders with a view to making the process fully independent.

A spokesperson for HSE said: “HSE has always kept the dispute process under review and following a recent application for a judicial review we believe the time is right to move to a dispute process which is completely independent of HSE.”

Source: www.hse.gov.uk
 

HSE prosecution round up:

Oxfordshire based company fined for safety failings

An Oxfordshire based ground engineering company has been fined after a worker contracted severe hand-arm vibration syndrome (HAVS).

Cheltenham Magistrates’ Court heard how an employee, who was working at the company’s earth retaining division, known as Phi Group, was eventually diagnosed as suffering from HAVS after repeatedly flagging his symptoms to the company for over five years.

Symptoms of HAVS can include tingling, numbness and pain in the hands. This affects sleep when it occurs at night and sufferers have difficulties in gripping and holding things, particularly small items such as screws, doing up buttons, writing and driving.

An investigation by the Health and Safety Executive (HSE) found the company did not have the right system in place to manage the workers’ health as it did not have a suitable health surveillance programme in place to monitor for the early onset of HAVS and to prevent the irreversible condition from developing.

Keller Limited of Oxford Road, Ryton-on-Dunsmore, Coventry, pleaded guilty to breaching Regulation 7(1) of the Control of Vibration at Work Regulations 2005 and were fined £6,000 and ordered to pay costs of £2,263.45.

Speaking after the hearing HSE inspector Mehtaab Hamid said:

“This was a case of the company completely failing to grasp the importance of HAVS health surveillance.  If they had understood why health surveillance was necessary, it would have ensured that it had the right systems in place to monitor worker’s health and the employee’s condition would not have been allowed to develop to a severe and life altering stage”.

Construction company director imprisoned after safety failings

The director of a construction company has been imprisoned for eight months after failing to take appropriate action which resulted in a young worker receiving serious burns.

Cardiff Crown Court heard the young worker was instructed to stand on top of a skip and pour a drum of flammable thinners onto the burning waste to help it to burn. The fireball that resulted when the thinners ignited caused the worker to be blown from the skip and he suffered substantial burns to his arms and legs.

An investigation by the Health and Safety Executive (HSE) found the company director did not ensure the burning of the waste material was being carried out in a safe or appropriate manner. He failed to administer any first aid to the young injured worker and did not send him to hospital, the most appropriate response given the severity of the injuries suffered. He failed to inform HSE of the incident, a legal requirement, and the incident was only reported sometime later by a third party

David Gordon Stead of Mildred Street, Beddau, pleaded guilty to breaching Section 37 of the Health and Safety at Work Act 1974 and also pled guilty to breaching Section 4 (1) of The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), and was sentenced to 32 weeks imprisonment, half on release under licence. He has also been disqualified from being a company director for seven years.

Speaking after the case HSE inspector Adele Davies said:

“David Stead failed his employees. His actions could have resulted in the death of this worker. The young man suffered unnecessary life threatening injuries due to poor working standards.  We hope this sentence sends out a message that directors of businesses must take their health and safety responsibilities seriously.”

Building Contractor fined after workers fatal fall

A Manchester building contractor has been jailed following the death of a casual labourer who fell nearly seven metres through a fragile roof.

The 45-year-old labourer from Manchester had been carrying out repair work at Witney Mill, Manchester when the incident occurred on 23 November 2013.

Saleem Hussain had been engaged by the warehouse owner, who believed him to be a competent building contractor, to carry out repair and maintenance work on the warehouse roof. He then hired two people to do the work. 

The Health and Safety Executive (HSE) investigation found that both workers were not qualified to carry out work at height. They had accessed the roof via a ladder in order to repair and seal leaking guttering. No safety precautions were in place to protect the two men from the danger of falling through the fragile roof.

Manchester Crown Court heard that Mr Hussain failed to assess the risks or put a safe working method in place. No suitable training or equipment to work on the roof had been provided.

Saleem Hussain of Birchfields Road, Manchester pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc. Act 1974 and was sentenced to 8 months immediate imprisonment.

Speaking after the hearing HSE Principal Inspector Mike Sebastian said:

”The dangers of falls through fragile roofs and working at height are well known. Simple steps such as removing the need to access the roof directly by using mobile working platforms, or boarding out the roof, or using safety harnesses, can and should be used to prevent accident and injury.  Mr Hussain’s failure to take any such actions resulted in a tragic and needless loss of life”. 

Suspended sentence for unregistered gas worker

A man has been fined and given a suspended prison sentence after working on a number of boilers without being Gas Safe registered.

High Wycombe Crown Court heard how Philip Locke carried out work on a boiler in 2013 without being registered, faults were later found with the boiler.

The Health and Safety Executive (HSE) prosecuting issued a letter to Mr Locke informing him of his responsibility to be registered in order to work on boilers. Further information given to HSE suggested that Mr Locke failed to become Gas Safe registered.

Mr Philip Locke of Chalfont St Giles, High Wycombe pleaded of breaching pleaded guilty to two charges under the Gas Safety Regulations 1998 has been sentenced to four months imprisonment suspended for one year and fined £6500 and ordered to pay costs of £6280.

Speaking after the hearing HSE inspector Stephen Faulkner said:

“Philip Locke showed disregard for the law when he continued to work on gas appliances without certification.  This case highlights the importance that plumbers must be competent and Gas Safe registered to work on gas appliances.”

Recycling company fined after worker crushed

A recycling firm has been fined after a worker suffered crush injuries from a roller shutter door.

Newport Magistrates’ Court heard how a Recresco Limited employee was injured when the door’s roller barrel fell on him resulting in three cracked ribs and a damaged spleen, causing him to miss eight weeks of work.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on the 17 April 2015, found that none of the electronically operated roller shutter doors at the company’s site had been adequately maintained to keep the equipment safe.

Recresco Limited of Springvale Industrial Estate, Cwmbran have pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work Act 1974 and have been fined £50,000 and ordered to pay costs of £9944.

Speaking after the case HSE inspector Lee Schilling said:  

“This case highlights the importance of regular pro-active maintenance and inspection of work equipment, including roller shutter doors, to ensure equipment does not deteriorate to the extent that it puts people at risk. In this case Recresco failed to effectively maintain their equipment and it could have easily resulted in a fatal injury.”

Source: www.hse.gov.uk

 

Health and Safety in the news this week

Why Health and Safety Signage Is Important to Your Business

In 1996 there were 0.9 fatal injuries per every 100,000 workers, today the figure is 0.4.

According to the Health and Safety Executive there were 144 UK workers killed at work between 1 April 2015 to 31 March 2016. Having the correct signage in place can lead to greater prevention of accidents in the workplace.

In November 2016, the HSE released its annual statistics report with information about workplace-related injuries and illnesses. The HSE UK statistics also showed that there were 1.3 million people suffering from a work-related illness, over 621,000 work-related injuries and 2,515 people died from mesothelioma due to past asbestos exposure.

Accidents are unpredictable, however there is a lot that can be done to prevent accidents happening in the first place. One of the key ways of keeping people safe in any environment is using the correct signage.

In the past 20 years, there has been a downward trend in the rate of fatal work-related injuries. In 1992 the Safety Signs Directive was adopted by all European Union member states. In 1996 the changes were implemented through the Health and Safety (Safety Signs and Signals Regulations) Act. This required employers to provide specific safety signs whenever there is a risk that has not been avoided or controlled by other means.

The introduction of Safety Signs and Signals Regulations protects workers and members of the public. Since then the rate of fatal injury has reduced by over 50%. In 1996 there were 0.9 fatal injuries per every 100,000 workers, today the figure is 0.4.

There is a correlation between the introduction of safety signage and a reduction in the number of accidents. The first step of ensuring safety to everyone is being able to alert them to danger and having compliant signage in place. Today there is a huge range of signs available for all types of hazards. Signage is a small investment, but it will encourage safer working environments.

RoSPA’s campaign manager Rebecca Hickman said:

“Our work over the past 100 years has taught us that accidents do not have to happen, and that’s why we’re stepping up our activities to help keep people safe. Our mission is to save lives and reduce injuries and our vision is to lead the way on accident prevention. RoSPA plays a unique role in UK health and safety. As a member organisation that campaigns for safety change we also provide services and support to help organisations on their own journey to become safer and healthier places in which to work.”

It is essential for businesses to have up-to-date signage. Enforced by the HSE, if non-compliant signage is being used it could lead to extensive fines or serious consequences including prison sentences, personal injuries or even loss of life.

Source: NewsNow.co.uk

HSE prosecution round up:

Packaging manufacturer in court over workplace injury

A West Bromwich supplier of corrugated packaging has been fined after a maintenance employee was injured when he was pulled into machinery.

The injured person was repairing a cardboard printing, slotting and forming machine at Diamond Box Ltd’s Shaw Street plant when he put his foot onto an exposed conveyor and was dragged into the machine’s moving parts.

Wolverhampton Crown Court heard that the packaging company allowed uncontrolled maintenance work to take place without any assessment of the risks posed by maintenance activities or having procedures in place for safe maintenance.

A Health and Safety Executive (HSE) investigation found that the machinery had a ‘jog mode’ which could have been set up to enable such maintenance work to be carried out safely, but the company had not identified this, trained staff to use it or enforced its use.

Diamond Box Ltd of Unit 4, Shaw St, Hill Top Industrial Estate, West Bromwich, B70 0TX pleaded guilty to a breach of Section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £400,000 with £9886.04 costs.

Speaking after the case, HSE Inspector Caroline Lane said:

“The company relied on the experience of maintenance employees rather than controlling risks through careful assessment and putting safe systems of work in place.  In summing up, his Honour Judge Berlin considered the maintenance practices used by Diamond Box to be ‘utterly dangerous’ and the risk to workers was wholly avoidable”.

Bury demolition contractor fined for failing to prevent exposure to Asbestos

A demolition contractor has been sentenced after admitting illegally removing asbestos from a building he was working on.

David William Briggs, trading as Briggs Demolition was found to have ignored an asbestos survey while demolishing the former Oakbank Training Centre in Chadderton, Oldham. Manchester Magistrates’ Court heard he also failed to prevent exposure to asbestos to workers and others on site.

The firm from Bridge Works, Wellington Street, Bury, was contracted to demolish the former education centre off Chadderton Park Road and advised the site owners to have the site surveyed for asbestos before demolition could began.

Mr Briggs recommended a suitable surveyor and the site owner paid for a full asbestos survey to be carried out on Mr Briggs’ recommendation.

The Health and Safety Executive (HSE), prosecuting, told the court that Mr Briggs then chose to ignore the asbestos report which identified approximately 230 square metres of asbestos materials throughout the buildings, and began demolition without having any of it safely removed.

HSE first visited the site in 2015, and met Mr Briggs on site. They found that approximately half of the buildings had been demolished or partly demolished. When Mr Briggs was asked if the asbestos had been removed he denied there was any on site.

A HSE Prohibition Notice (PN) was served on Mr Briggs and on the site owners, stopping work until the extent of the asbestos disturbance could be established. HSE visited with scientists from the Health and Safety Laboratory (HSL) and confirmed the findings of the original asbestos survey report and identified hazardous asbestos in the remaining buildings.

The court heard that three workers were potentially exposed to deadly asbestos fibres. They also heard that local residents and passers-by to the site were also at risk due to the uncontrolled method of demolition where large amounts of asbestos were present.

David Briggs was charged with failing to protect the safety of his employees, failing to protect the safety other persons not employed by him, i.e. members of the public, failure to prevent the spread of asbestos and one count of illegally removing asbestos materials without a license.

David William Briggs of Wellington Street, Bury, pleaded guilty at Manchester Magistrates’ Court to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974 and Regulations 8(1) and 16 of the Control of Asbestos Regulations 2012 and was sentenced to 24 weeks imprisonment.

HSE inspector Matt Greenly said after the case:

“Mr Briggs wilfully ignored a professional asbestos survey, instigated by himself, and in doing so failed in his duty to protect his workers and anyone else around 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.

Anyone who worked on this site at this time, due to the lack of care taken by Mr Briggs, could possibly face a life shortening disease at some point over the next 30 years from an exposure which was totally preventable. This case sends a clear message to any individual or company that it does not pay to ignore known risks on site, especially to increase profits at the expense of people’s lives”.

Firm fined for failing health and safety standards

A Kent-based box manufacturing company has been fined for health and safety failings.

Maidstone Crown Court heard how an external consultant had highlighted a number of concerns eight months prior to the Health and Safety Executive (HSE) visit. The visit found areas including electrical safety, machinery guarding and the storage of materials needed improvement. As the result of concerns raised by an ex-employee, there were two visits by the HSE and a total of 14 notices were served.

W E Roberts (Corrugated) Limited, of Boyne Park, Tunbridge Wells, Kent, pleaded guilty to breaching Regulation 11 of the Provision and Use of Work Equipment Regulations 1998 (PUWER); Regulation 4(2) of the Electricity at Work Regulations 1989, and Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999, and was fined £297,000 and ordered to pay costs of £14,180.

HSE inspector Robert Hassell said after the hearing:

“The need to effectively manage health and safety is not an ideal, it is a regulatory requirement. Employers need to ensure that any issues in relation to health and safety in the workplace that are brought to their attention need to be suitably addressed.”

Landlord prosecuted for gas safety failings

A Preston Landlord has been given a suspended prison sentence after failing to ensure gas appliances in one of her properties were checked for safety.

Preston Magistrates Court heard that following a concern received from Preston City Council about the gas appliances in a property on Alvern Avenue in Fulwood, the Health and Safety Executive (HSE) made contact with the landlord, Mrs Pritpall Kaur Singh, 44, to establish whether she was complying with her legal duties as a landlord to ensure annual gas safety checks were carried out.

Mrs Singh failed to co-operate with HSE and failed to produce a Landlord Gas Safe Record to demonstrate that these checks had been undertaken correctly.

An Improvement Notice (IN) was issued to Mrs Singh by the HSE for non-provision of a gas safety record for the gas appliances in her property, but Mrs Singh did not comply with that notice.

Pritpall Kaur Singh pleaded guilty to breaching section 33(1)(g) of the Health and Safety at Work etc Act, 1974 and to one breach of the Gas Safety (Installation and Use) Regulations 1998 (36 (3)) and was sentenced to a 26 week prison sentence, suspended for 12 months and was ordered to pay £1,000.00 costs.

After the hearing, HSE inspector Anthony Banks commented:

“If you rent property out, you must comply with requirements of the Gas Safety (Installation and Use) Regulations, including the need to have a gas safety certificate. Gas appliances should be regularly checked, as faulty appliances can kill.”

Overhead crane worker suffers life threatening injuries

A Cleckheaton engineering firm was sentenced today for safety breaches after a worker suffered life changing injuries.

H E Realisations Ltd (now in liquidation, formerly Hogg Engineering Ltd) of pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and Reg 8(1) of the Lifting Operation and Lifting Equipment Regulations 1998.

Gateshead Magistrates’ Court heard that on 24 February 2015, Kevin Tait was using equipment to lift an 18 tonne steel roll at the company’s premises at Carlington Court, Factory Road, Blaydon-on-Tyne. The equipment being used was not suitable for the lifting operation due to the fact that the load being lifted exceeded the equipment’s safe working load.

During the lift, part of one of the shortening clutches sheared causing the load to swing and strike Mr Tait on the head. The Health and Safety Executive (HSE) prosecuting told the court the lifting operation had not been suitably planned and the equipment in use was poorly maintained. 

H E Realisations Ltd of Moorland House, Snelisins Road, Cleckheaton was fined £40,000 and ordered to pay £2230 costs.

After the hearing, HSE inspector Laura Catterall commented:

“Lifting operations are hazardous and require a competent person to properly plan and supervise them to ensure that suitable and properly maintained equipment is used in the right configuration to avoid exceeding safe working loads.

Kevin is incredibly lucky that he was not killed in this incident and he has suffered permanent life changing injuries as a result. This workplace accident has changed the lives of Kevin and his family irrevocably.”

Fencing business owners receive suspended sentences after worker injury

The two owners of Kidderminster based fencing firm Hoo Farm Fencing have been given suspended sentences after a worker was hit by timber posts and frames which fell from a fork lift truck.

Forty-nine year old Raymond Lainsbury suffered injuries that still require regular physiotherapy sessions following the incident on 12 February 2016.

Worcester Magistrates’ Court heard how Hoo Farm Fencing’s method of working was unsuitable for the task they were carrying out at the time of the incident. Mr Lainsbury was helping to dip timber posts and frames in preservative, when they fell from the metal frame on the fork lift truck, striking him.

A Health and Safety Executive (HSE) investigation found that the company had not been using the suitable equipment for the task. The operator had not been properly trained to operate a fork lift truck. The company also failed to have the fork lift truck in question thoroughly examined up to required standards.

Maurice James Blackford of Minster Road, Stourport, Kidderminster, pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act 1974 and Susan Hawthorne of Blackthorne House, Hartlebury Road pleaded guilty to the same breach.

Both were sentenced to 18 weeks imprisonment suspended for two years and fined £10,000 each. Full Prosecution costs of £4318 split between the two defendants, were awarded to the Health and Safety Executive (HSE) that prosecuted the case.

Speaking after the hearing HSE inspector Tariq Khan said:

“The seriousness of the safety failings could have resulted in much more severe injuries to Mr Lainsbury who was lucky to walk away from this incident.

“This case highlights the importance of maintaining proper safety practices and also all duty holders will be held accountable for failing to do so.”

Source: www.hse.gov.uk