Engineers lacked half a century of records

A structural engineering firm that had no record of maintaining electrical equipment over a fifty year period has been fined after a worker suffered a shock when he connected a portable welder to an extension cable.

Stewart Baxter, 24, sustained burns to his fingers at DA Green & Sons factory in Whapload, Linccolnshire. Other employers of DA Green & Sons said they too had suffered minor shocks from equipment at the factory over the years.

An HSE investigation revealed much of the electrical installation was in a very poor state. Some of the electrical equipment had been installed 50 years earlier adnd DA Green had no record of it ever being tested or maintained.

"DA Green & Sons Ltd employs 50 staff whose health and safety has been at risk over many years," said HSE inspector Jo Anderson. The company admitted breaching Regulation 4(2) of the Electricity at Work Regualtions, by failing to maintain electrical systems. Spalding magistrated fined it £2750 plus £1950 costs.

“Management shortcomings” to blame for fatality

A waste-transfer station must pay £105,000 in fines and costs following the death of a worker at its depot in Trowbridge, Wiltshire.

Swindon Crown Court heard that Bert Reeves, 62, was working as a totter for Shanley and Sons Ltd, when he was run over by a reversing skip lorry, on 21 June 2007.

Mr Reeves was standing in the depot’s tipping yard, operating an industrial shredding machine, which is used to process skip waste. At the same time a vehicle was delivering waste products, and the driver was attempting to park in the yard, in order to tip out the load. The driver could not see Mr Reeves as he was stood in the vehicle’s blindspot. He was struck by the rear of the vehicle, and fell underneath its wheels. Mr Reeves suffered serious head and chest injuries and died in hospital two hours later.

The HSE visited the site and issued an Improvement Notice in July 2007 for the failure to separate vehicles and pedestrians.

Inspector Liam Osbourne said: “This was a truly horrific case of a man killed doing his work in a needless and entirely preventable incident.

“Large moving vehicles on waste and recycling sites are a major risk to people who have to work on foot. Safety laws were introduced in 1992 that require managers of these sites to organise them to reduce the risk of people being killed or injured in this way.

Shanley and Sons appeared in court on 25 September and pleaded guilty to breaching s2(1) of the HSWA 1974, and reg.17 of the Workplace (Health, Safety and Welfare) Regulations 1992, for failing to segregate vehicles and pedestrians. It was fined £80,000 and ordered to pay costs of £25,000.

The firm mitigated that it had no previous convictions for health and safety offences, and had complied with the Improvement Notice. It has subsequently installed a one-way system, pedestrian-only areas, and signage to separate vehicles and pedestrians. It has also stationed a traffic coordinator in the yard to guide lorries into the tipping area.

After delivering his sentence Judge Hart revealed that it was his belief that Mr Reeves’ death was caused by “management shortcomings”. He said: “This case makes disturbing reading and there was a substantial gap between reasonable practice for risk management and what was actually in place.

“Failure to put in place pedestrian segregation was a direct cause of the accident. There was also a lack of management strategy and a blatant inadequacy of risk-assessment training and a safe system of work.”

Construction firms warned not to put lives in danger after builder is left paralysed

The Health and Safety Executive (HSE) is reminding construction companies of their duties to employees after a worker was paralysed in a fall.

Harold Roach fell ten feet through roof joists at a refurbishment site on Gertrude Street in Birkenhead while he was working for Property People (NW) Ltd.

The company, which is based at Stanhope House, Mark Rake, Bromborough, Wirral, was fined £92,000 and ordered to pay full costs of £11,404 at Liverpool Crown Court on Monday 20 July after pleading guilty to two health and safety offences.

Property People admitted contravening Section 2(1) of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of its employees. It also pleaded guilty to breaching Regulation 3(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 by failing to report the injury to HSE.

The court heard that the incident happened on 23 April 2005 while joists were being removed from the ceiling of an archway, and that Property People had failed to provide a safe platform for its employees to use. Mr Roach suffered serious injuries to his back from the fall, resulting in permanent paralysis.

HSE Inspector Ian Betley said:

“The injuries Mr Roach sustained were extremely serious and he will need to use a wheelchair for the rest of his life.

“Working at height remains the single biggest cause of workplace deaths and one of the main causes of major injury. It should be managed by implementing and enforcing suitable and sufficient control measures.

“Companies are required by health and safety legislation to take reasonable measures to ensure the safety of employees and others that may be affected by their work. In this case, a suitable platform should have been used to remove the joints from

below, rather than from above. Had such steps been taken, this incident could have been avoided.

“The tragic outcome of this incident, and the subsequent fine, must act as a reminder that the results can be serious for businesses that fail to comply with the legislation.” More information about working safely at height is available at http://www.hse.gov.uk/falls/

Firm Ordered to Pay more than £42,000 After Worker Injured

A Lincolnshire based company has been ordered to pay £42,631 after a worker was seriously injured after he was struck by a trailer.

Peter Borley of Limagrain UK Ltd endured serious back and chest injuries at the firm's Woolpit Business Park site after he was struck by a trailer on 27th March 2008.

The company admitted to failing to ensure the health and safety of an employee at Ipswich Crown Court on Monday 24th August and were fined £35,000 plus ordered to pay costs of £7,631. The incident occurred after a one-tonne trailer toppled over as it was being lifted onto a chasis.

Mr Borley suffered injuries to his ribs, vertebrae and sternum. Ruth Barber who was prosecuting for the Health and Safety Executive (HSE) said that workers had propped a refurbished trailer on its side, before trying to lift it on the its chassis using a forklift truck.

Even though Mr Borley was not involved in the move, he was struck by the trailer when it toppled over despite efforts to hold it back by the manager.

Results of an investigation by the HSE found a risk assessment had not been carried out, staff had not been trained for the task and that the straps used to lift the trailer were marked stating 'not for lifting'.

The company said in mitigation that they regretted the accident and had fully cooperated with the HSE's investigation and that in the past year they had spent £140,000 on health and safety. The company also described the accident as an 'isolated lapse' and had no previous convictions.
Since the incident, the company has introduced a policy of wearing high-visibility vests and has employed health and safety consultants to advise staff.

A spokesman for the HSE said after the hearing: "Cases like this highlight the need for all employers to ensure a proper and full risk assessment is in place.

"It is imperative work is carried out safely, and the HSE will not hesitate to take action against those who are in breach of the law and put people's safety at risk."

Near miss as Winch Falls on Oil Platform

An investigation has commenced after a giant winch broke free and was dragged across the deck of an offshore platform.

The incident occurred while oil workers were testing the lifting equipment. The winch was lifting a heavy piece of equipment when it was wrenched across the desk. Luckily, two workers managed to jump out of the way of the winch and escaped unhurt.

The incident occurred on BP's Bruce Platform, which is located approximately 240 miles north east of Aberdeen.

A spokesman for BP said that they will be carrying out a full investigation and prevent a recurrence of an incident like this again from the lessons they will learn. The Health and Safety Executive (HSE) have also confirmed that they will be investigating the incident.

This incident comes after a recent report demonstrated that accidents on North Sea rigs had fallen to a record low.

Construction Firm Fined After Ignoring Prohibition Notice

A construction firm has been fined £8,500 plus costs of £9,526 after continuing to work on an unsafe excavation even though they had been served a prohibition notice.

JAS Truscott & Son Ltd. was refurbishing a house in Belgravia, London, and was excavating the property's ground floor. They had dug four three metre deep pits to create a basement.

During the basement's development, the company was advised by the local building control that their pits were not supported properly. However, the company continued to work, having received this advice and were subsequently reported to the Health and Safety Executive (HSE).

The site was visited by HSE Inspector Kevin Shorten on 2nd June 2008, who noticed that two of the pits did not have any supports in place to prevent the sides from collapsing in. The remaining two pits had insufficient supports in place which were present on only two sides of the hole. They also consisted of a plywood backboard which was supported by a horizontal timber strut. The tops of the pits did not have any edge protection.

The company was issued a prohibition notice, prohibiting them from any further work to be carried out with immediate effect until the excavation was suitably planned, and edge protection was put in place. However, when Kevin Shorten visited again the next day, work had continued without any sufficient supports in place and a rope was being used for edge protection.

On 18th August, JAS Truscott and Son Ltd appeared at City of London Magistrate’s Court and pleaded guilty to breaching section 33(1)(g) of the HSWA for contravening a Prohibition Notice and received a fine of £6,500. They were also fined for breaching regulation 31(1)(a) of the Construction (Design and Management) Regulations 2007 for failing to erect proper supports and for breaching regulation 6(3) of the Work at Height Regulations 2005. The company was fined £1,000 for each of these breaches and ordered to pay full costs to the HSE of £9,526.

The company mitigated that they didn’t have any previous convictions, and to ensure that the project was concluded safely, they worked closely with the HSE. They have since sub-contracted a specialist company to carry out basement work on their similar sites.

"Appalling State" of Welding Equipment Resulted in Explosion

A motor engineer working beneath a vehicle suffered serious burns after a cracked hose caught fire.

The accident happened on 16th July 2008 at A1 Rewinds Ltd. in Aston, Birmingham when Mr Harjit Singh Matharu, an electrical fitter at the company was trying to remove a car exhaust. He was using an oxy-acetylene welding gun, that had not been properly maintained.

The hose, which transported the acetylene to the gun, had numerous cracks and the gas leaked out into an air pocket underneath the vehicle. When the gun's flame came into contact with the leaking gas, it caught fire and subsequently exploded, which sparked a fire underneath the car.
Mr Matharu escaped from underneath the vehicle and extinguished the flames, but still received serious burns. After being rushed to hospital for treatment, Mr Singh Matharu was off work for several months following his serious injuries.

Pam Folsom, the HSE inspector investigating the incident, said that it was "immediately obvious" that the hose had not been properly maintained since its first use 28 years previous. The equipment was condemned after it had been taken away for inspection.

A1 Rewinds Ltd pleaded guilty to breaching regulation 5(1) of the Provision and use of Work Equipment Regulations (PUWER) 1998 at Birmingham Magistrates' Court on 24th April 2009. They were fined £2,000 and ordered to pay £1,500 towards the HSE's costs.

The company who have no previous convictions for safety offences expressed its remorse for the incident.

Inspector Folsom said: "The hoses were in an absolutely appalling state, totally perished, and had been shortened each time that a bend split the hose, allowing highly flammable gas to escape. The consequences of a gas cloud igniting beneath a vehicle, while a man is in the middle of that explosive mixture, are likely to be horrific.

"It is important for companies to ensure that they have fully considered all the risks their employees may face when using any equipment. The hoses were so obviously badly perished that there is no excuse for this incident."

Health and Safety Guidance to be Free Online

From September 2009, the Health and Safety Executive will be giving away authoritative guidance about how to protect employees from workplace dangers.

Approximately 250 priced publications will be made freely available on the HSE website in PDF Format that can be viewed online or printed for reference.

A full range of HSE guidance and Approved Codes of Practice (ACOPs) and guidance on regulations will be available.

The aim of removing the costs of these publications is to aid employers in the better understanding of their legal duties and the health and safety precautions to be taken. It also intends to help Safety Representatives to maintain and improve health and safety at work.

HSE Warns Construction Companies after Deaths Of Two Workmen

A crane company has been prosecuted for breaching health and safety law, prompting the HSE to remind construction companies of the financial penalties of not carrying out full risk assessments or ensuring staff are properly trained.

WD Bennett's Plant & Services Ltd was fined £125,000 plus costs of £264,299 on 31st July 2009 after they were found guilty of two health and safety breaches at Chichester Crown Court at a previous hearing in March. The two breaches led to an incident which caused the deaths of two workers and injuring a third.

Eurolift (Tower Cranes) Ltd have been charged alongside the company and pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and Regulation 8(3) of the Construction (Health, Safety and Welfare) Regulations 1996 at the start of the trial.
The incident took place at a construction site in Worthing on 11th February 2005, when Steve Boatman and Gary Miles were working on the jib of a crane. Both men died, with another was severely injured.

The injured man was working in the mast of the crane and was instructed to begin de-tourquing the crane's mast bolts. This should have been carried out one-by-one and then retightening each bolt in turn, however, he was not trained in this area of work and did not retighten the bolts, leaving them part undone. Subsequently the crane collapsed as it turned.

Mr Boatman and Mr Miles, died from the injuries they received after being thrown from the crane.

Peter Collingwood, the HSE inspector who led the investigation said: "This fine reflects the seriousness of the company's breaches of health and safety legislation. The accident, in which two men lost their lives, was avoidable. It was caused by the inadequate supervision of a worker who was not trained, nor competent for the task that he was asked to undertake.

"To avoid future tragedies like this, employers and contractors must ensure that tower crane work including erection and dismantling is only undertaken by trained, experienced and competent people who are supervised adequately."

HSE issues Safety Alert on Road Surface Top Cutting Machines

The HSE has issued a safety alert warning of the dangers involved when using top cutting machines to prepare trenches in roads without proper safety devices. This comes after a fatal incident in July, involving a worker who became entangled in the rotating drum of a top cutting machine.

The HSE wishes to raise awareness of the dangers and possible risks of becoming trapped in a top cutting machine by sending out a safety alert to the construction and utilities industries.

Helena Tinton, HSE Inspector says: "Most machines of this type require a deactivation device which automatically stops the machine when the operator leaves the drivers seat.

"Employers are legally required to ensure that work equipment is maintained in an efficient state and to make sure all safety devices are in working order. Operators should also make sure that the power is disconnected and the machine has come to a standstill before carrying out any maintenance on the cutting wheel.

"We urge those in the construction and utilities industries to check the safety devices on their top cutting machines and to prevent similar incidents occurring."

The HSE is currently undertaking an investigation into the Incident with the Wiltshire police.
Click here to read the HSE's Safety Alert: Construction machinery - Access to cutting wheel of top cutting machines.

Company and its Director Fined in Case Brought by HSE

An electrical network company based in Cottenham, Cambridge and its director have been ordered to pay more that £12,500 each after breaching health and safety legislation.

The case was brought against Fenland Electrical Network Services Ltd and the company director Nicholas McCarthy by the Health and Safety Executive (HSE), after a man needed his leg to be amputated whilst training to work with overhead power lines.

The incident occurred on 17th December 2007 when during training for an emergency descent from a mobile elevating work platform (MEWP), one man from a group of electricity company linesmen fell from the bucket of the MEWP as he was not attached to the bucket by his harness.
The victim's right leg needed to be amputated below the knee after he received significant injuries to it. He also suffered a fractured pelvis, spinal injuries and tendon damage to his left ankle.

Gavin Bull, HSE Inspector said after the case: "The accident occurred during a rescue training exercise, which went tragically wrong when the linesman fell a height of four metres from a mobile elevated work platform.

"The case serves to highlight the need to ensure that essential safety measures are in place for training and work at height."

Fenland Electrical Network Services Ltd pleaded guilty to breaching Section 3 of the Health and Safety at Work Act, for failing to ensure the health and safety of those not in its employment, while Mr McCarty admitted breaching Section 37 of the same Act.

The company and Mr McCarty were both fined £7,000 plus costs of £5,503.20.

Firm Fined for Worker Pinned Inside Unguarded Conveyor

A lead manufacturing company has been fined after a factory worker received broken ribs after becoming trapped on a moving conveyor, while trying to remove a blockage.

Stephen Shore, an employee of Calder Industrial Materials, was trying to remove a blockage of metal swarf from a conveyor, which was positioned underneath an automatic saw. Mr Shore was cutting rolls of lead into various sizes with the saw when the incident occurred on 20th February 2008 at the company premises.

A tipping table is used to cut the lead and the excess metal falls onto a conveyor belt and taken to a collection area. Mr Shore crawled underneath the machine to remove the fragments which had built up on the conveyor causing a blockage.

However, Mr Shore had not isolated the machine and he was pinned against a metal bar after the tipping table came down on him as he was leaning over the conveyor.

A colleague switched off the machine after noticing Mr Shore was in trouble however he was unable to free him. He was freed by fire fighters who attended the scene. Mr Shore sustained two cracked ribs and a bruised heart and returned to work 4 days later.

On 30th July 2009 at Chester Magistrates' Court, Calder Industrial Materials pleaded guilty to breaching regulation 11(1) of PUWER 1998 for failing to prevent access to the dangerous part of the machine. The company was fined £4,500 and ordered to pay costs of £1,050.

The firm has since installed an interlock gate and guarding to prevent employees from accessing the conveyor.

Bruce Jones, HSE inspector said: "Mr Shore was badly injured because Calder Industrial Materials failed to prevent him from gaining access to dangerous machinery.

"Fixed guards and a padlocked gate should have prevented Mr Shore from entering the machine and accessing the underside of a tipping table, which is used to tip debris on to a conveyor belt. But the guards and gate were not installed until after the incident."

Company Fined for Legionnaire's Test Failings

A company has been ordered to pay £41,276 after admitting that they didn't carry out the correct water treatment surveys in two care homes in South Wales.

DEBA UK Ltd appeared at Abertillery Magistrates Court on 6th August after failing to carry out legionella surveys on water systems at nursing homes in Tredegar and Llangattock.
This led to vulnerable residents at the homes being put at a considerably higher risk of contracting the potentially fatal legionnaire's disease.

The court was told that DEBA UK Ltd was commissioned to carry out the risk assessments for legionnaire's disease at the nursing homes and found the risk to be low. A following routine check at the nursing homes revealed there to be insufficient controls for legionella, and focus moved onto the work carried out by the company.

The company was fined £24,000 plus ordered to pay costs of £17,276 after pleading guilty to three charges under Section 3(1) of the Health and Safety at Work etc Act 1974.

Speaking after the case, Matthew Hamar, HSE inspector, said: "The nursing home operators commissioned DEBA UK Ltd to carry out the surveys in good faith and to help them comply with their responsibilities to manage the risk posed by legionella on their premises. They were badly let down in this case.

"Elderly nursing home residents are at greater risk from the bacteria that give rise to conditions such as legionnaires disease, so it is imperative that safety critical surveys like those carried out by DEBA UK Ltd are adequate.

"Fortunately, there was no evidence of any outbreak of the disease as a result of these incidents, but there is a clear responsibility to those companies carrying out specialist work that they need to carry out adequate surveys and provide accurate information.

"The health and safety of all those who use our services, as well as our members of staff, is always our top priority. We take matters such as this very seriously and have been working very closely with the Health and Safety Executive throughout this case. We hope that everyone acts upon the valuable lessons from this case."

Hampshire Waste Firm Fined £60,000 over Worker's Death

The Health and Safety Executive is warning companies that adequate risk assessments must be in place after an employee died after being hit by a vehicle at a waste transfer station.

Frederick Aubrey who worked for John Stacey and Sons died on 1st June 2007 at its Tadley facility in north Hampshire.

Mr Aubrey and two other employees were hand-sorting material in a process known as totting at the waste management and construction firm. A fourth employee was instructed to tip over a skip using a shovel loader and in doing so, reversed over Mr Aubrey, who died from his injuries 5 days later.

John Stacey and Sons appeared at Winchester Crown Court on July 29th 2009 and pleaded guilty to section 2(1) of the Health and Safety at Work etc Act 1974 and regulations 3(1) of the Management of Health and Safety at Work Regulations 1999 at a previous hearing at Basingstoke Magistrates Court on 29th June. The company was fined £60,000 and ordered to pay costs of £29,061, plus a victim surcharge of £15.

The HSE explained that the process of totting had only been carried out at the company for about 2 weeks before the incident occurred, and the company had not identified that this practice unnecessarily exposed employees to the risk of vehicles moving around them without protection to them.

HSE Inspector David Bibby said: "This case highlights the importance of assessing risks and putting adequate controls in place to protect pedestrians from vehicles, and the tragic consequences when this is not properly done."

"This should serve as a message to all companies, and especially those in the waste industry where unfortunately accidents like this are all too common, to ensure that risks from workplace transport are identified and suitable measures put in place to prevent accidents."

Wakefield firm fined for Legionnaire's outbreak

A butchery processing company has been fined after two of their employees contracted Legionnaire's disease.

Boguslaw Plociennik and Zbigniew Rauk contracted the disease at the company's Bamber Bridge premises near Preston in September and October 2006 respectively.

Kepak UK pleaded guilty to breaching health and safety regulation at Preston Crown Court and were subsequently fined £25,000 and ordered to pay £20,000 costs.

A Health and Safety Executive led committee obtained water samples from the building and found significant levels of legionella were present in three locations.

Dorothy Shaw, HSE principal inspector said: "Kepak failed to carry out simple checks on the hot and cold water system. As a result, many of its employees working at the site were potentially exposed to the legionella bacteria, and two individuals were made seriously ill.

"Any system containing water at temperatures between 20 and 45 degrees Celsius, and which may release an aerosol during operation or maintenance, is at risk of exposure to legionella bacteria.

"Legionnaires' disease is a potentially fatal illness and, had the correct procedures been in place, the outbreak at Kepak's premises would not have occurred.

"Legionella bacteria can build up in purpose-built water systems and, if conditions are favourable, the bacteria can multiply, increasing the risk."

Firm to Pay £733,000 After Deaths

An international firm has been fined more than £700,000 after two of its employees died after an argon gas leak.

Stuart Jordan, 50 and Richard Clarkson, 29, who worked for Bodycote HIP Ltd at a Hereford metal refining plant died 5 years ago after argon gas leaked from a large vessel in a pit.

After admitting to breaching the Health and Safety at work Act 1974, Bodycote HIP Ltd of Macclesfield, Cheshire, were fined £533,000 plus costs of £200,000.

The Health and Safety Executive (HSE), who brought the case against the firm, informed Worcester Crown Court that the two men were found collapsed on the stairs that lead to the pit at the College Road site on 14th June 2004. The HSE continued to tell the court that on the day of the incident, the pit's oxygen alarm system was switched off, and the ventilation system, which could have saved the men's lives, was not running.

The HSE also said that there was no evidence that Mr Jordan had received any appropriate safety training.

In it s defence, Bodycote HIP Ltd said that complacency had developed, however there was not a general disregard for health and safety at the company and that since the incident, the health and safety deficiencies have been remedied.

Speaking after the case, HSE inspector Luke Messenger said: "Both these tragic deaths were not only regrettable but also entirely preventable".

He added: "Confined spaces can be found in a wide range of workplaces and these deaths should serve as a reminder to all industries of the dangers of this type of work."

Fatal Glasgow Factory Blast "Avoidable"

An inquiry into an explosion at a plastics factory in Glasgow, which killed 9 people, concluded it to be "an avoidable tragedy".

The incident which occurred in May 2004 at ICL Plastics Ltd and its associate company ICL Tech Ltd also injured about 40 workers after the explosion flattened the factory in the Maryhill area of the city.

The inquiry found that the blast was undoubtedly caused by a leak from an old underground metallic pipe, which was carrying liquefied petroleum gas.

The pipe was corroded due to being buried without proper protection and the report found that the management of the two companies had shown a lack of understanding concerning LPG and the risk of explosion.

The report also mentioned that there were deficiencies in the HSE's oversight of the site with a failure to understand the risk of underground pipes and to promptly carry out the follow up visits.

Lord Gill, the inquiry chairman wrote: "This was an avoidable tragedy... Nearly five years after the explosion HSE has not produced a coherent action plan to deal with underground metallic pipework and the risk of a recurrence.

While the probability of another explosion may be low, the consequences of a similar event, should it occur, may be catastrophic. A sense of urgency would be an appropriate response to the serious issue of public confidence that this disaster has raised."

In 2007, ICL Plastics and ICL Tech pleaded guilty to four health and safety breaches and were fined £200,000 at the Glasgow High Court and were both fined £200,000.

The firms commented: "The ICL companies wish to express profound sadness and apologise for their omissions and the shortcomings of those who were responsible for the health and safety of the employees".

They continued: "The inquiry's analysis of the essential facts and crucial expert knowledge provides much needed answers and recommendations which will have an important bearing on the future."

Jim Murphy, Scottish Secretary said that the government will be providing a full response to the report in January: "What is clear from the report published today is that this disaster could and should have been avoided," he said. "It lays out a litany of failings and it is imperative that we take on board Lord Gill's recommendations for a better and more effective safety regime surrounding LPG installations to ensure an unnecessary and preventable fatal incident such as this never happens again."

'Inappropriate' working at height methods lead to big fines

The Health and Safety Executive has reported that a company and its contractor have been fined following the fall of an employee from a height of more than 10 metres.

Veolia Environmental Services Birmingham was fined £100,000 with costs of £22,000, while the contractor Hansen Transmissions of Huddersfield was fined £70,000 with costs of £22,000.

The incident took place when an employee of the contractor, was replacing a gear box in a condenser unit at Veolia Environmental Services' premises. The employee fell causing him to suffer broken ribs, a hernia and a punctured lung. His fall was broken when he landed on a pallet of copper pipes.

Paul Smith, HSE investigating inspector said of Hansen Transmissions system: "was plainly unsafe - men [were] working ten metres and more up in the air, [they] were manoeuvring bulky plant using inappropriate methods, [and they were] on and above an inadequate working platform, with markedly inadequate protection from the drop beneath".

Director Fined for Smoking at Desk

An anonymous complaint to the HSE led to a company director being fined for smoking in his office after council officers visited the firm.

Metric Scaffolding of Preston, Lancashire, was reminded of their responsibilities under the smoke-free legislation back in November 2008, after the council was informed that the firm's staff smoked frequently in the office and in the company vehicles.

Enforcement Officers re-visited the premises in January 2009 and found Martin Lenehan, Operations Director, smoking at his desk.

An on the spot penalty of £50 was issued to Mr Lenehan, which he refused to pay, and subsequently a court date was appointed. On 11th June 2009, South Ribble Magistrates, found Mr Lenehan guilty in his absence of smoking in a smoke-free area. He was fined £175 plus costs of £75.

Councillor Peter Mullineaux commented "This latest conviction will hopefully serve as a reminder to the small minority of employers who are not observing the smoke-free legislation that they have a legal duty to comply and will be prosecuted if they do not."

Plant Fined £30,000 After Worker Loses Three Fingers

An employee at a meat processing plant in Prestwick lost three fingers when a machine he was attempting to repair started up. The owners of the company have been convicted of failing to have a safe isolation procedure in place for the machinery.

The incident happened in June 2008 when employee Steven Glass was working on an Endoline tape packaging machine which had been under repair. When the machine wouldn’t work he tried to fix it. As the machine could not be properly isolated to prevent accidental operation, it started and subsequently trapped three of his fingers, which were amputated. One of his fingers was successfully reattached.

Since Mr Glass' accident, the company has been taken over hand has seen significant improvements in regards to health and safety.

On 2nd July 2009 at Ayr Sherriff Court, Belcher Food products Ltd of Prestwick, pleaded guilty to breaching Sections 2(1); 2 (2) and 33 (1) (a) of the Health and Safety at Work Act 1974 and was fined £30,000.

The Health and Safety Executive (HSE) has stressed the importance of ensuring machinery is capable of being isolated to prevent operation and to ensure employees are given sufficient training, instruction and supervision.

Helen Diamond, HSE Investigating Inspector is now warning companies of the importance of maintaining machinery and ensure that it is properly guarded: "This serious accident was entirely foreseeable and preventable. The company themselves had identified a large number of serious faults with their machinery well before this accident, yet little was done to rectify these faults. The company also failed to follow the advice of our inspectors.

"It is vital for the safety of all employees that companies ensure machinery is properly maintained and that systems are in place to ensure it cannot accidentally be operated when under repair. Our investigations showed that it was normal practice for employees to repair their own machines."

A year previous to the accident, the court heard that an electrical inspection of their premises identified 866 faults with the electrics and wiring system, 200 of these regarded as most urgent. Little or no work had been done to correct these faults by the time of the accident.

HSE inspectors visited the plant 3 months prior to the accident and informed the company that they have a procedure in place to ensure machinery could be properly isolated while being prepared. This had not been carried out at the time of the accident.