Labour vows to stamp out ‘phoenix firm’ abuse
A legal loophole that allows firms to evade justice in the event of a person for whom they have responsibility being killed at work will be closed, if Labour returns to power.
The commitment to stop the practice of firms facing prosecution under health and safety law from going into administration and then resuming business under a similar trading name – known as phoenix firms – was made earlier this week by Shadow Business secretary Chuka Ummuna during a speech in Scarborough.
Addressing attendees at the conference of construction union UCATT, Mr Ummuna said: “Business has responsibilities, but government does too. It is wrong that this Government is prepared to stand by while rogue businesses exploit loopholes in the law to evade justice when their malpractice leads to deaths at work.”
Earlier this year, Labour MP and UCATT member Luciana Berger introduced a parliamentary Bill in an effort to stop such subterfuge. The Bill sought to give health and safety inspectors the power to apply for a court order to freeze the assets, or parts thereof, of a firm under investigation following a death, or serious injury at work. However, it did not gain enough support for it to become law.
Added Mr Ummuna: “When workers are injured or killed at work, employers must be held accountable. They should not be able to get out of an investigation by claiming bankruptcy. The Bill would have stopped this, but it didn’t pass.
“So, I give this commitment: the next Labour government will legislate to prevent this abuse. It puts the lives of workers at risk; it is irresponsible; it is wrong – we will stop it.”
Ms Berger’s campaign was prompted, in part, by the death of a member of her Liverpool Wavertree constituency in 2007. The firm prosecuted over the incident was in administration by the time the case reached the courts, and was fined just £4500. The judge, however, suggested a fine of £300,000 would have been considered if the firm had been solvent.
Following the pledge from Mr Ummuna, UCATT general secretary Steve Murphy said a change in the law is essential to protect workers and ensure safe working practices in construction.
“Bereaved families also deserve justice,” he added: “It is bad enough for them to lose a loved one, but the law to allow those responsible to escape justice is a grievous insult.”
Here's our top ten tips to organising your event:
- If you're going for a massive event, you might need to speak to
your local council. Things like charging for entry to your event,
employing people by paying them, selling food or alcohol or wanting to
completely close roads, these are the types of things that might need a
conversation. You can find the contact details of your local council at DirectGov - Connect to your council
- If people are paying to come to your event, then you have responsibilities to your customers. See HSE's guidance on running events safely
- There's lots of good advice out there and some particularly helpful web pages include:
- Communities and Local Government - Your guide to organising a street party or fete
- DirectGov - Find your local authority
- Whether it's just you or a group of people who are planning an event
, it's a good idea to have a chat or have a think yourself
about how to make your event run smoothly, deciding on things which
might be an issue on the day, like children running about near traffic.
If you're a commercial organisation, thinking about risks is important,
but if you're not, then often common sense is enough.
- Early on, it's good to decide where you're going to hold the event
and how many people are invited - this helps you think about issues, and
whether you need extra permissions from the council.
- Often these types of events are run or helped by volunteers, so there's some good advice on HSE's Volunteering pages.
- For some real life examples that might be relevant to you, you
might want to have a look at HSE's Myth of the Month, which looks at
crazy stories about health and safety being blamed wrongly for things.
Feel free to show the jobsworths our website!
- Stand up for common sense, and if someone says you can't do
something for health and safety reasons, challenge them to find out
exactly why. If there's a genuine risk, see what you can do to minimise
that and still go ahead - it can often be done.
- You can get HSE's help with challenging jobsworths by sending details to the Mythbusters Challenge Panel.
- There is no need to get tied up in red tape as events have
been held before without worrying about things like compensation
culture. We're encouraging everyone to be a champion for common sense
and challenge jobsworths wherever they can to make sure everyone can
come to the party.
Equipment supplier fined after County Durham worker's hand severed
A worker from County Durham had his hand severed while carrying out maintenance on glass cutting machinery a court heard.
The 34-year-old maintenance technician, who has asked not to be
named, was investigating a fault on a new tilt table with a colleague at
the UK’s largest glass manufacturer Solaglas.
Lisec (UK and Ireland) Ltd was prosecuted by the Health and Safety
Executive (HSE) following the incident at Solaglas (Architectural) Ltd,
in Bishop Auckland on 12 September 2007.
The table was part of a glass cutting line manufactured and installed
by Lisec (UK and Ireland) Ltd at the Solaglas plant just four months
earlier in May 2007.
A jury at Teesside Crown Court heard the injured maintenance
technician from Esh Winning, Durham was on his hands and knees while
trying to ascertain the cause of the fault and had activated the
emergency stop.
Suspended above his right wrist was a large laminated glass sheet
measuring six metres by three metres and weighing around almost a ton.
The worker had his right arm extended with a mirror in his hand so he
could check the status of a sensor relating to the release of the glass
onto the table.
But when a colleague moved past another sensor on the tilt table the
glass sheet was released, falling onto the maintenance technician’s
wrist and severing his hand.
Surgeons reattached his hand with partial success and he was off work for several months while recovering from his injuries.
An HSE investigation found that there were faults within the
programme controlling the movement of the glass as it allowed the glass
sheet to be released, even when an emergency stop had been activated and
that this fault was exacerbated by the installation of the new tilt
table and the failure to integrate it properly with the existing
equipment.
Although the incident happened to a Solaglas employee at their
premises, it occurred due to a fault on a new glass cutting line which
had been installed by Lisec (UK and Ireland) Ltd. Lisec was prosecuted
as they had not complied with the legal duties imposed on installers of
machinery.
Lisec (UK and Ireland) Ltd, of Springfield Industrial Estate,
Telford, Shropshire, was today (29 May) found guilty following a
month-long trial to breaching Section 6(3) of the Health and Safety at
Work etc Act 1974 and was fined £100,000 and ordered to pay costs of
£150,000.
After the case, HSE Inspector Martin Baillie said:
"This horrific incident should never have happened. Once he had put
the table into an emergency stop condition, it should not have been
possible to release the glass.
"Installers of machinery need to ensure that new equipment is
compatible with the existing equipment and that the complete line
complies with the essential safety requirements. That includes ensuring
machinery is unable to move suddenly when an emergency stop has been
activated."
Falls from height in ports
Many of the activities carried out in ports could lead to
a fall from height. These activities may be during routine operations
or during one-off maintenance activities. In ports, the added hazard of
working near water means a fall may lead to the risk of drowning.
Typical falls from height hazards in ports
How the risks can be reduced
- Do a risk assessment for any work carried out at height. Select and use suitable work equipment.
- Avoid work at height where possible, for example working from the ground using a long-handled tool.
- If work at height cannot be avoided, you should
use work equipment or other measures to prevent falls, eg
guardrails, mobile elevating working platforms (MEWPs).
- If there is still a risk of falls, you should use
work equipment that minimises the distance and consequences of a
fall, eg nets, airbags, fall arrest systems.
- All work at height should be properly planned and organised.
- Workers involved in work at height should be competent.
- Equipment for work at height must be properly inspected and maintained.
When working over or near water
- Provide secure and adequate fencing where a risk assessment has found this to be needed.
- People should wear suitable personal protective equipment, eg lifejackets or buoyancy aids.
- Provide dock premises with adequate and suitable
rescue and lifesaving equipment and means to escape from danger,
eg handholds on the quayside at water level, ladders on quay walls
and life-saving appliances.
- Take into account the risks to lone workers
Fines imposed following scaffolding fall death
A firm, its director and a supervisor have been sentenced for safety
failings after a worker died from injuries sustained in a fall from
scaffolding at a construction site in East Sussex.
Scaffold over-roof at Washington Avenue, St Leonards on Sea
The Health and Safety Executive (HSE) prosecuted Apex Scaffolding
(Sussex) Ltd, its director, Michael Walsh, and Leslie Hustwayte, a
supervisor, for negligence and defects that contributed towards the
incident on 10 August 2009.
Hastings Magistrates’ Court heard on Friday (25 May) that Joseph
Murphy, 31, from had been constructing a scaffold over-roof at
Washington Avenue in St Leonards on Sea, when he fell.
Precisely how far or why he fell remains unclear, but a HSE
investigation identified a number of defects with the scaffolding at the
site, including missing hand rails and incomplete scaffold platforms.
Evidence of deficient working practices by Mr Hustwayte and a negligent
safety culture within the company were also found.
Magistrates were told that Prohibition Notices had previously been
served on Apex Scaffolding (Sussex) Ltd and on individual employees for
unsafe working practices, but the poor attitude to safety in the
organisation continued.
Incomplete scaffold platform
After the hearing, HSE inspector Melvyn Stancliffe said:
"HSE and the scaffolding industry have worked together to produce
easy to follow guidance to help contractors ensure their scaffolding is
safe. So there is no excuse for compromising safety – as was clearly the
case here.
"HSE takes firm action against individuals and contractors who ignore
their health and safety obligations. It is essential that contractors
and contract managers equip themselves with the necessary information
and guidance material and apply it every time a scaffold is built."
Apex Scaffolding (Sussex) Ltd, of Court House, Hooe, Battle; Michael
Walsh, of King Edward Avenue, Hastings; and Leslie Hustwayte, of Asten
Close, St Leonards on Sea, all pleaded guilty to breaching Regulation
4(1) and Regulation 6(3) of The Work at Height Regulations 2005 in
relation to the safety failings.
Mr Hustwayte also pleaded guilty to breaching Regulation 14(2) of the same legislation.
The company was fined a total of £3,000 and ordered to pay £5,000 in
costs for its failings, Michael Walsh was fined £1,500 with £2,500 in
costs and Leslie Hustwayte was fined £2,000 with costs of £2,500.
Suffolk roofer caught on camera risking lives
The director of a Suffolk roofing firm has been sentenced for safety
failings after he was caught on camera using a power tool while
balancing on the ridge of a house roof.
Anthony Nightingale caught on camera using a power tool
Anthony Nightingale of Copdock, Ipswich, was filmed using a
petrol-powered disc cutter to cut through a tile while he and an
employee worked on the roof without any measures in place to stop them
being injured in a fall.
Mr Nightingale was prosecuted in his quality as director of 3A
Roofing Ltd by the Health and Safety Executive (HSE) after a member of
the public spotted the unsafe work at Dennington, Suffolk last July and,
concerned, reported it to the HSE.
Ipswich Magistrates’ Court was told yesterday (29 May) that Mr
Nightingale, 34, failed to use a suitable roof ladder to reach the ridge
and instead he and his employee were seen clambering up and down the
tiles. They were seen walking along the ridge where there were no
measures in place to prevent them from falling off the roof.
Anthony Nightingale pleaded guilty to a breach of the Work at Height
Regulations 2005 and was fined £1,300. He was also ordered to pay £3,000
in prosecution costs and a £15 victim surcharge, the proceeds of which
will be spent on services for victims and witnesses.
Speaking after the hearing, HSE Inspector Elizabeth Fowle said:
"Mr Nightingale should have led by example, but instead he put his
own life and the life of an employee at risk. Fortunately no one was
injured on this occasion, but it is astonishing that Mr Nightingale
thought it was acceptable to use a potentially dangerous piece of
machinery while perched at the top of the roof.
"This case should serve as a warning to other company directors that
if you work without the right safety equipment and put lives at risk,
you could end up in court."
Falls from height are the biggest single cause of workplace deaths in
the UK. The latest figures show that more than 4,000 workers suffered a
major injury as a result of a fall in 2010/11, and 15 were killed.
What is Legionnaires' disease?
Introduction
Legionellosis is the collective name given to the pneumonia-like
illness caused by legionella bacteria. This includes the most serious
legionnaires’ disease, as well as the similar but less serious
conditions of Pontiac fever and Lochgoilhead fever. Legionnaires’
disease is a potentially fatal form of pneumonia and everyone is
susceptible to infection. However, some people are at higher risk,
including:
- people over 45 years of age
- smokers and heavy drinkers
- people suffering from chronic respiratory or kidney disease
- anyone with an impaired immune system
The bacterium Legionella pneumophila and related
bacteria are common in natural water sources such as rivers, lakes and
reservoirs, but usually in low numbers. They may also be found in
purpose-built water systems such as cooling towers, evaporative
condensers and whirlpool spas.
If conditions are favourable, the bacteria may grow increasing the
risks of legionnaires’ disease. Therefore, it is important to control
the risks by introducing measures outlined in Legionnaires' disease - The Control of Legionella bacteria in water systems (L8).
Where does it come from?
Legionella bacteria are widespread in natural water systems, e.g.
rivers and ponds. However, the conditions are rarely right for people
to catch the disease from these sources. Outbreaks of the illness occur
from exposure to legionella growing in purpose-built systems where water
is maintained at a temperature high enough to encourage growth, e.g.
cooling towers, evaporative condensers, spa pools, and hot water systems
used in all sorts of premises (work and domestic).
How do people get it?
People can catch legionnaires’ disease by inhaling small droplets
of water, suspended in the air, containing the bacteria. Certain
conditions increase the risk from legionella, including:
- water temperature between 20–45 °C, which is suitable for growth
- creating and spreading breathable droplets of water, e.g. aerosol created by a cooling tower, or water outlets
- stored and/or re-circulated water
- a source of nutrients for the organism e.g. presence of sludge, scale or fouling
While most cases of legionnaires’ disease are the result of
infections caught in the UK, a number of cases occur abroad. Useful
advice on travel can be found from the European Working Group for Legionella Infections (EWGLI).
What are the symptoms?
The symptoms are similar to those of flu, i.e. high temperature,
fever and chills, cough, muscle pains and headache. In a severe case,
there may also be pneumonia, and occasionally diarrhoea, as well as
signs of mental confusion. Legionnaires’ disease is not known to spread
from person to person
