Wednesday 16 September 2009

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."

Pre-qualification Process in Construction Set to Become Easier

May 2009 saw the official launch of a body whose aim is to reduce the burden on construction firms created by health and safety pre-qualification questionnaires. Its website was unveiled which contains comprehensive information for clients, consultants and contractors.

The Safety Schemes in Procurement (SSIP) Competence Forum was established in response to concerns from the construction industry and small firms about the over-abundance of pre-qualification (PQ) assessments and forms they were having to complete, which add significant costs and paperwork.

A recent report by the Department for Business, Enterprise and Regulatory Reform (BERR) found that in order to compensate for the cost of unnecessary PQ activity, the construction industry would have to generate more than £1 billion in turnover.

PQ assessment providers are encouraged to maximise mutual recognition between their schemes by the SSIP Forum so that tendering for business work will only require one set of PQ documents in order to meet the stage one requirements of a wide range of construction clients.
John Murphy, the Forum chair said: "A major benefit for SSIP Forum members is that by tackling the cost and uncertainty surrounding pre-qualification, we can encourage far more suppliers, including SMEs to take part. This will widen market opportunities for SMEs and give more choice to clients."

Stakeholders have welcomed the Forum's step in the right direction to cut bureaucracy in construction. John Lacey, chair of the IOSH Construction Group said that this initiative would help "small and medium-sized businesses demonstrate they are competent in health and safety". The fact that an independent annual audit of the processes employed by each member scheme will be carried out, he added, "means industry can have confidence that the process of accreditation or registration carried out by a member scheme will be consistent and fit for purpose".

RoSPA said that they hoped the initiative "will be of value to other stakeholders, including insurers, investors, enforcing authorities, trades unions, and industry associations".

Brian Berry, the director of external affairs at the Federation of Master Builders believes that the initiative should particularly help smaller firms as the time-consuming PQ process has squeezed many of them out: “Local authorities, in particular, make it very difficult for SMEs, in terms of the types of questions being asked – they are geared towards larger contractors. Making it difficult for smaller firms means losing out in terms of the creativity and innovation they can offer. We need the Government to recognise that PQs are a major burden on small firms, and that we need more of this kind of mutual recognition – not just in terms of health and safety but also environmental and diversity issues, particularly in the current economic climate."

There is also concern that the Forum's success depends largely on the various PQ schemes that will join up. Paul Reeve, Head of HS&E at the Electrical Contractors' Association said that it is vital that more schemes join up and recognise each other: "Some leading schemes are not involved, and we are disappointed to see that they have not joined up. If it turns out that they do not then receive the full support of the construction industry, so be it."

Visit the SSIP Forum website

Employees' Warnings About Machine Ignored by Firm

A general operative at a factory received serious injuries while cleaning an unguarded machine. Wayne Lello, who was working at Swancote Foods Ltd in Telford, was cleaning a conveyor-fed potato processing machine, when his hand came into contact with an in-running nip and was drawn into the machine.

This was the first time that he had worked on the machine and he was shown how to clean it by a supervisor. He was instructed to use a scouring pad to wipe the conveyor belt while the machine was in operation when the incident took place on 20th April 2007.

Mr Lello was unable to free himself once the incident had occurred and called out for help. One of his colleagues reversed the conveyor belt to free his hand after isolating the machine. Mr Lello was then rushed to hospital and treated for lacerations, friction burns and tendon damge to his elbow and left forearm. Due to the severity of the accident, he has lost feeling in part of his arm has been unable to return to work for 3 months.

The potential dangers of this way of working had been previously highlighted and these concerns were reported to management, however nothing was done to rectify the situation.

On 31st March this year, Swancote Foods Ltd pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act 1974 and was fined £10,000 and ordered to pay costs of £5,000.
A senior manager at the company, Edward Davies, was found not guilty of breaching the same offence.

The firm was very repentant about the incident, and has carried out risk assessments on the machine following the incident. They have also installed guarding to prevent access to the danger area, and introduced a safe system of work, which states that during cleaning, the machine must be isolated.

HSE inspector, David Kivlin, said: "Adequate safeguards on moving machinery and safe systems of working should always be in place. Employees had themselves spotted fundamental flaws in cleaning procedures and raised their concerns that insufficient safeguards existed for their protection, but senior management did not heed those warnings.

"The worker's injuries were sufficiently serious to cause some long-term discomfort and adversely affect his work capabilities. The machine should clearly have been properly guarded.
"This incident could have been avoided if the company had established a safe way of tackling the job and ensuring that competent persons are regularly assessing and minimising the associated risks."

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.

Corporate Manslaughter Legislation has Raised Awareness of the Need for Alcohol Policies

According to HR consultancy Jaluch, there has been an increasing number of employers asking for help in putting together alcohol policies.

Since August 2008 there has been an increase of 50% in this number due to the Corporate Manslaughter and Corporate Homicide Act. Under this legislation, an employer who knowingly allows an employee to come to work under the influence of alcohol can be prosecuted.

A director at Jaluch, Gina Leccacorvi said: "Certain industries, particularly the rail and manufacturing industries, clamped down on this some time ago to comply with the Health and Safety at Work Act, but now office-based firms are beginning to take heed.

"With lunchtime and evening networking a key part of working life for many city firms, imposing a no-alcohol policy has its challenges. But the risk of failing to have a clear policy in place can be high. Drinking during working hours impairs judgement which can put colleagues at risk."

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.

Corporate Manslaughter Trial to Begin in February

Cotswold Geotechnical Holdings, who are the first company being charged under the Corporate Manslaughter Act 2007 are expected to be tried next February, Bristol Crown Court was told today (19th August).

The company is being prosecuted under the Act, for the death of a geologist by gross negligence. The company's director, Peter Eaton is also charged with manslaughter under common law.
The deceased, Mr Alexander Wright, 27, was collecting soil samples from a trench, when the walls collapsed in on him.

Mr Eaton was due to enter his pleas at Bristol Crown Court, however, after an application for more time by his legal counsel, a plea hearing will now take place some time in October. The trial regarding the case however, has been provisionally set for 23rd February next year.

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."

Driver CPC for Lorry Drivers Takes Effect from 10th September 2009

The Driver Certificate of Professional Competence for lorry drivers comes into effect from 10th September.

Driver CPC is a qualification, which lorry drivers will need to have with aims to:
  • improve road safety
  • recognise and accredit skills for professional lorry drivers
  • to encourage drivers to continually update their skills and knowledge
  • raise the status of bus, coach and lorry drivers and promote driving as a career.
Bus and coach drivers are also required to have this qualification; however their requirement came into force in September last year.

If you already hold a lorry driving licence on the start dates, you will have 'acquired rights' for the next 5 years and will not need to hold a CPC during that time.

If you wish to carry on driving after those 5 years, you will have to undertake 'periodic training', which consist of 35 hours training every 5 years in order to retain your Driver CPC.

However, new drivers who do not already hold a lorry driving licence on the start date will be required to undertake an initial Driver CPC test before being able to drive professionally. The initial Driver CPC test will consist of a theory test and a practical test.

Again, in order to retain the Driver CPC, drivers will need to complete 35 hours of 'periodic training'. If you fail to complete the training and continue to drive professionally beyond the end date of your CPC, you could face legal charges.

For more information view the DSA's Driver Certificate of Professional Competence Booklet.

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."

Church Pleads Guilty to Fire Safety Offences

A church organisation has pleaded guilty to breaches of fire safety legislation following a prosecution brought against them by the London Fire Brigade.

Mountain of Fire and Miracles International have been ordered to pay £30,000 in costs and fines after pleading guilty to three breaches of the Regulatory (Fire Safety) Order 2005 at Woolwich Crown Court on 24th July 2009.

A prohibition notice was issued to the church in June 2007 restricting the number of visitors to 600 on the ground floor of its premises at Crabtree Manorway South in Erith.

However, the fire brigade undertook an inspection of the premises in January 2008 and found there to be 1,200 people in the main hall during a service. One of the fire exits was blocked by a steel bar with another adjoining fire exit was chained and locked.

The inspection also found that there was an increased risk of an explosive and fast spreading fire due to the disorganised storage of 18 LPG and butane bottles and the use of naked flame heaters inside the main hall.

Assistant commissioner for fire safety regulation, Steve Turek, said: "It is regrettable that we had to bring this action against a charitable church organisation but there were significant fire safety failures."

"These offences presented a real risk of injury to the congregation who are our main concern. Church groups and others which organise large gatherings need to make sure their premises are fit for purpose and that they take their responsibility very seriously to ensure the safety to visitors."

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."

Safety Gear Continues to Suffer from Image Problems

A specialist survey commissioned by a diversified technology company and PPE manufacturer 3M has revealed that just 30% of health and safety managers think that essential Personal Protective Equipment (PPE) is always worn on construction sites. Thirty six per cent of managers on Olympic sites believe that this is because work safety gear is not macho enough.
Building site workers as well as managers were interviewed by the researchers to find out how manufacturers could improve the products. A female structural and civil engineering worker wanted to see "smaller sizes of shoes and safety boots for ladies".

The report illustrates the battles that health and safety managers have to face in the construction industry in order to get their workers to wear protective clothing and equipment, which could put simply, save their lives.

The marketing manager for 3M Occupational Health and Environmental Safety Vicky Randles, said "One of the issues the survey has thrown up is the negative general perception of 'elf and safety'. Many managers feel that the image overall needs be improved, not just the clothing. Forty-eight percent in companies of 250 workers and over cited this as the main item that could be addressed in the war to get 100 percent commitment."

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."

Safety Certification Problems Lose Nearly 40% of Subcontractors' Work

The National House-Building Council (NHBC) is to launch their own health and safety support service as figures have shown that self-certification administration is a problem for subcontractors.

The NHBC has advised that almost 40% of subcontractors are losing work over health and safety issues. These findings have encouraged the NHBC to initiate their own health and safety support service.

In accordance with the CDM regulations, subcontractors and contractors must demonstrate how they will effectively and competently manage health and safety issues on every new tender and a health and safety policy is to be included.

However, self-certification is a huge demand on time and money claims the NHBC, and even competent subcontractors are left hesitant regarding the issue, which is resulting in them losing bids.

Subsequently, NHBC has established SafeMark, a third party pre-qualification assessment scheme to help those in the house building industry. Its purpose is to save time, involving an initial assessment which is valid for one year.

Simon Mantle, health and safety manager at the NHBC said of the new scheme: "It is vital that subcontractors are fully prepared for all health and safety issues and the Health and Safety Executive (HSE) is having a real push on competence to reflect this."

"We know from our research that many subcontractors across the industry are competent - it's just a question of proving it. For some, and particularly smaller firms, the administration involved with this is simply not practical."

SafeMark is accredited to the Safety Schemes in Procurement (SSIP) standard. For more information view the NHBC's Health and Safety Competence Assessment Scheme Leaflet

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.

Stakeholder Forum: Reviewing Workplace Temperatures Legislation and Guidance

The HSE has prompted a review of health and safety at work in regards to workplace temperatures following the request of the Secretary of State.

The Stakeholder Forum will take place on Thursday 23rd July 2009 and will examine the reasons for and against a maximum workplace temperature. The Chief Executive of the HSE Geoffrey Podger will be opening the event.

The event will be an opportunity to discuss:
  • Whether the legislation and guidance is up to date and relevant with the nature of working patterns and workplaces;
  • Whether there is good reason for having a recommended minimum working temperature, but not a maximum working temperature;
  • If more can be done for those who work outside in regards to the effects of seasonal variations;
  • What there is to be learnt from good practice, e.g. access to drinking water and other facilities in the working environment.
Further information concerning workplace temperature legislation and guidance can be found on the HSE temperature website.

HSE Warns of Dangers of Not Maintaining Plant Equipment After Driver's Death

A telescopic forklift truck driver has died after he was crushed between the descending arm and side of his vehicle. Subsequently, the HSE has warned of the danger of not maintaining plant equipment.

MB Plastics Ltd and Birse Integrated Solutions Ltd were both prosecuted in relation to the incident which occurred in September 2003 at the Davyhulme Waste Water Treatment Works, Rivers Lane, Trafford, Greater Manchester. The two companies were sentenced on 30th June 2009 at Manchester Crown Court.

MB Plastics Ltd of Warrington, who employed the deceased, pleaded guilty to an offence under health and safety legislation and was fined £150,000 and ordered to pay costs of £24,323.

Birse Water Ltd of Cheadle Hulme, who was the principal contractor for the project also pleaded guilty and was fined £50,000 with costs of £41,073.

The vehicle's off side cab window usually acted as a guard, however it had been damaged in a lifting operation five weeks previous to the fatality, the court was told. The cab window was completely gone at the time of the incident.

Judge Peter Lakin, commented that while there were no witnesses to the incident, the most likely explanation is that the deceased leant out of the cab window, coming into contact with joystick, which brought the arm of the forklift truck down onto him.

MB Plastics Ltd was charged with failing to ensure the safety of employees under Section 2(1) of the Health and Safety at Work Act 1974, while involved in operating and working with, or in the vicinity of a telescopic forklift truck.

Under Section 3(1) of the Health and Safety at Work Act 1974, Birse Ltd was charged with failing to ensure the safety of people not in its employment. Birse had failed to ensure that MB Plastics Ltd had prepared suitable and sufficient risk assessments in relation to its telescopic forklift truck operations. The court also found that Birse had failed to adequately monitor MB Plastics, subsequently failing to identify the cab's broken window and ensuring it was replaced.

Warren Pennington, HSE Inspector said: "This incident would have been entirely avoidable if the proper health and safety procedures had been followed.

"MB Plastics Ltd did not have a system in place for formal regular inspections of the plant. As a result, the company failed to maintain the cab window which could have saved this man's life.

"Birse, the principal contractor on the site, also had a duty to supervise its subcontractors properly. The company had a comprehensive management system but it was not implemented and, as a result, something as simple as a missing window was not spotted.

"This incident emphasises how important it is that companies should not only ensure they have the proper procedures in place - but also ensure they are followed. We're therefore calling on employers to take their responsibilities seriously so that future tragedies can be avoided."
When passing sentence, Judge Lakin said: "MB had primary responsibility for the welfare of its employees. The harsh reality of this case is that, in relation to this contract, MB completely failed to have any proper regard to their health and safety obligations.

This directly led to the development of an unsafe and sloppy system of work in relation to the use of telehandlers. As a result MB's workforce was exposed to completely unnecessary and avoidable risk.

"Birse, as principal contractors on site, failed to implement their own systems and accordingly failed to properly monitor what MB were doing. This lack of monitoring allowed MB's disregard for health and safety to continue over a number of weeks. In short, Birse failed in their supervisory role."

Road Deaths at Record Low, But Safety Still Needs Improving

The Department for Transport (DfT) has recently announced that the number of people killed in road accidents in Britain in 2008 is the lowest since records began. A total of 2,538 people died on the roads last year - which is a drop of 14 per cent from the previous year's total, which was the previous record low (2946 deaths).

The number of pedestrian deaths fell below 600 for the first time to 572, while there were also decreases in the numbers of cyclists, motorcycle users, and children.

The Government announced a new road safety strategy in 2000 in which it aims to:
  • reduce casualties by 2010, including a 40-per-cent reduction in the number of people killed or seriously injured on the roads;
  • 50-per-cent reduction in the number of children killed or seriously injured.
The Institute of Advanced Motorists (IAM) say that the 2008 figures represent a great achievement, but the aim to make Britain number one in the world for road safety by 2020 - as stated in the Government's proposed road safety strategy published in April this year – will be a struggle. Currently the country is sixth in the world for road safety.

The statistics do not include a breakdown of fatalities involving at-work drivers, however the DfT has previously estimated that every week, 200 road deaths and serious injuries involve someone at work. With approximately three million company cars on the roads, roughly one in three will be involved in an accident each year. Road accidents which are work-related account for between 800 and 1000 deaths a year, making them the biggest cause of work-related accidental death, the Department has said.

Read the DfT's summary of statistics.

Number of Workplace Fatalities Hits Record Low

The Health and Safety Executive (HSE) has reported that the number of workplace deaths has fallen to a record low.

Their report shows that 180 people died due to work related incidents in the year ending March 2009. This is 53 people less than the previous year's statistics and is the lowest number since records began in 1974.

Number of people killed at work throughout the years:

1981 = 495
1991 = 368
2001 = 251
2009 = 180

The Chair of the HSE, Judith Hackitt said: "We very much welcome any reduction in the number of workers being fatally injured and the fact that the number for 2008/09 is a record low.

"There is inevitably variation in the figures year on year, but we can take heart from the fact that Great Britain consistently has fewer fatal injuries than comparable industrialised nations in the rest of Europe."

She added: "These statistics are encouraging but there is no magic wand in health and safety. When those running organisations show personal leadership, and when workers are involved in tackling the risks they face, safety can be improved and lives saved - that is how we can turn this encouraging sign into real sustained improvement."

Commercial marketing director, Richard Evans of St John Ambulance who train 500,000 employees per year in first aid at work had this commented on the findings: "We welcome the news there has been a reduction in workplace fatalities. It shows taking health and safety seriously can make the difference between life and death. However, 180 deaths are 180 too many."

Even though there is a downward trend in workplace fatality statistics, the year-on-year improvement is slowing down.

Landlords Imprisoned for Fire Safety Breaches

Two landlords have been sentenced to six months in prison and ordered to pay £5,000 in costs for breaching the fire safety legislation.

The prosecution followed a fire on 31st March 2007 at a house converted into bedsits on Hampden Road, North London.

Previous to the sentencing at Wood Green Crown Court on 12th June 2009, Michael de Havilland and Sally Fox of Muswell Hill had pleaded guilty to several breaches of the Regulatory Reform (Fire Safety) Order 2005. These breaches included:

  • Inadequate fire detection systems;
  • A lack of proper fire doors for bedrooms or the communal kitchen;
  • No emergency lighting in the building’s stairway;
  • A lack of fire fighting equipment i.e. fire extinguisher / fire blankets;
  • No fire risk assessment available for inspection.
A further inspection was arranged where an enforcement notice was issued, explaining that the breaches needed to be dealt with. But after further contact with the co-owners and further inspections over a number of months, inspecting officers found that no remedial work had been completed.

"This is our second prosecution resulting in a custodial sentence and again sends out a strong message to landlords and building owners," said Brian Coleman, chairman of the London Fire and Emergency Planning Authority. "Our role is to keep Londoners safe, and where we see that you are not taking your legal fire safety responsibilities seriously, we will take action."

Coroner Warns of Hotel Fire Risks as Penhallow Inquest Returns Open Verdict

In 2007, a fire at the Penhallow Hotel in Newquay took three lives. The coroner leading this inquest, has warned of a risk of further deaths and calls for government support for hotels and guest houses to invest in fire safety to ensure compliance with the law.

The comments were made by Dr Emma Carlyon at the conclusion of the inquest in Truro, when she directed the jury to return an open verdict.

She said: "I... intend to write to the minister for tourism to highlight to her the concerns raised by those at the inquest about the change in fire legislation and to self regulation in 2006 and the risks of future deaths, in particular of hotels and guesthouses, if sufficient measures are not provided to support the investment in fire safety or to ensure compliance."

Dr Carolyn reminded the owners of hotels and guesthouses that they are the only ones responsible for complying with the provisions of the Fire Safety Order, particularly regarding regular fire risk assessments and taking general fire precautions.

Investigators were unable to clarify how the fire at the Penhallow Hotel began, however there was evidence to suggest that the fire started from a naked flame.

Four people who were previously arrested in connection with the investigation into the fire last year have been released without charge.

Detective chief inspector Darren Lockley, speaking after the verdict said that the speed and spread of the fire was exceptional. "The inquest goes some way to explaining the tragic loss of lives; however we now wish to appeal for any information that will enable the families to fully understand what happened."

A statement on behalf of the bereaved families said they were satisfied with the evidence that had been given at the inquest but were disappointed with the open verdict.

Crane Hire Firm Fined Over Deaths

A crane hire company has been fined after two workers fell to their deaths when a crane collapsed.

Gary Miles, 37, and Steven Boatman, 45, from Berkshire, died in 2005 as the 118ft (36m) tower crane was being dismantled in Durrington, West Sussex.

They were working for Eurolift (Tower Cranes) Ltd, which was taken over by WD Bennett Plant & Services Ltd in 2003.

Eurolift was fined £50,000 for health and safety breaches and £1,000 in costs, at Chichester Crown Court.

The Hampshire-based company had admitted the breaches of the Health and Safety at Work Act 1974 at an earlier hearing.

Judge William Wood said the company deserved to be fined up to £200,000, but he accepted it would not be able to afford it as it had ceased operations since the accident.

WD Bennett, based in Gloucestershire, is currently in administration and will be sentenced when financial information becomes available.

It had denied both health and safety breaches but was found guilty following a trial at the same court in March.

The crane had been used in the construction of a school in Durrington before it collapsed.

A third man, Dave Smith, suffered broken bones in the incident.

During the trial, he told the court he had been asked to loosen the bolts of the crane's tower despite having no training.

Witnesses described hearing "a noise like pistol shots" as the crane collapsed while Mr Miles and Mr Boatman were still up it.

Both men were flung off, and died of multiple head and chest injuries.

Jurors heard there had been a "management vacuum" at the site because the person in charge of health and safety was off sick on the day of the accident.

Corporate Killing Case Referred to Crown Court

Company director Peter Eaton has appeared before magistrates in Stroud to hear a charge of corporate manslaughter against his company, Cotswold Geotechnical Holdings.

The prosecution is the first to be brought under the new Corporate Manslaughter and Corporate Homicide Act. Eaton, 60, also faces a charge of gross negligence manslaughter, and both he and the company are accused of breaching the Health and Safety at Work Act.

The charges relate to the death of 27-year-old Alexander Wright, a junior geologist who was killed in September 2008 when he was buried beneath several tonnes of mud as he collected soil samples in a trench. It took rescue workers two days to recover his body.

No pleas were entered and Stroud magistrates referred the case to Bristol Crown Court, where Eaton will appear on 23 June.

Eaton, who told the court his position in the company was "principal or sole director", was granted unconditional bail.

This story first appeared on Health and Safety Professional

HSE Could Add Safety Rules to Building Regulations in Crackdown

In order to reduce the construction industry's death toll, the Health and Safety Executive may introduce strict safety criteria to local building regulations and step up its publicising of convictions.

The chair of the HSE, Judith Hackitt and the chief executive Geoffrey Podger confirmed that the HSE was considering a range of proposals in a bid to tackle the in industry's death toll.

In 2008/09, early indications show that fatalities within the construction industry may have declined by more than 20% to approximately 55. Despite the percentage drop, the HSE remains adamant to crackdown even more and prevent an increase in fatalities when activity in the sector picks up.

New Rules

Ms Hackitt told the Work and Pensions Select Committee that one way of clamping down on bad practice, could be strict new rules within the building regulations.

Ms Hackitt said: "We want to look at the practicality of doing that because... we think there is a sound logic to the notion that says not only should [an] extension be built to last and to not put at risk those who are going to live in it, it should be built in a way that doesn't put at risk the people who have to build it in the first place."

However, she did caution the committee that the cost of pressures within local authorities could have an affect on any possible further proposals.

Mr Podger told the committee that the HSE was also looking at ways of increasing publicity about firms convicted of health and safety offences.

He said: "Often for companies it is not the fine that is the punishment, but the publicity around it. This is an area where we want to try and do more.

"We want to try and publicise some of these cases nationally, as well as regionally and locally."

Committee chair Terry Rooney, who was scathing of the regulator's enforcement levels, called on the HSE to re-examine the fines being handed down by courts around the country.

He said it was concerning that companies were still fined less for fatalities than for anti-competitive behaviour, and said "something needs to be done" about geographical differences in fines.

"There is concrete evidence of widespread geographic differences in penalties. For example, in the South-west you will get fined a lot more than you will in the North-east," he said.

Ms Hackitt assured him: "I think both of those things need to be addressed.
"We should not rest where we are, but continue to press for a more equitable viewing of different offences."
Committee criticisms

The regulator, however, shrugged off criticisms from the committee that enforcement notices were down for the fourth year running.

Mr Podger said: "I don't accept at all that there is a downward trend that is just going to manifest itself forever."

Meanwhile, the relationship between the HSE and construction union Ucatt deteriorated further amid a row over the recording of the employment status of construction workers killed at work.
Ucatt raised serious concerns about the collection of what it called "vital evidence" following fatalities, including data on whether victims were members of the Construction Industry Scheme.

Committee member Tom Levitt asked Ms Hackitt and Mr Podger why CIS data was still not being thoroughly collected, despite a pledge to do so in September 2007.

Mr Podger hit back, claiming CIS data was not relevant to the HSE's work and that the regulator simply got "the best data that we can". He said the nature of construction sites made "it more difficult to get a grip of what is going on".

He added: "From our perspective, which is different to Ucatt’s, we would have the data we need and we would act on it."

Safety at Work for Migrant Workers

London's construction industry is made up of a significant proportion of migrant workers, and the Health and Safety Executive (HSE), has acknowledged them as a particularly vulnerable group within it.

This is due to the following:

  • They can suffer from poor English;
  • Can lack an understanding of UK health and safety standards;
  • They may lack an awareness of employment rights, and experience or skills;
  • They are often open to exploitation by unscrupulous employers;
  • Can face serious problems in regards to poor accommodation, unpaid wages and grievances relating to their employment rights.
Taking the above into consideration, under these circumstances, poor health and safety standards at work can become a low priority.

Subsequently, the HSE is now recruiting outreach workers to work alongside the inspectors and Compliance Officers. This is to increase the HSE's interaction with migrant workers in construction, some of the largest groups coming from Poland, Romania and India.

These workers' awareness to their rights in relation to health and safety at work are to be improved by the outreach roles, which will be based in London. The jobs will include visits to construction sites, liaisons with the immigrant community organisations, local authorities, faith communities, further education colleges, trade union and employers, and organising events, and developing links, networks and partnerships.

In addition to promoting migrant workers safety, this month, HSE inspectors are visiting London construction sites to ensure that site operators are not putting their workers - or the public - at risk of injury or death.

In 2007/08, London's construction industry suffered from the death of 11 workers with 1,600 suffering major injuries, or injuries which require more than 3 days off work. In this same period, one member of the public was killed, with 36 people injured as a result of incidents involving construction sites. The HSE inspectors are targeting principal contractors to observe how they are managing safe working at height, good order on site, and risks associated with exposure to asbestos.

If safety lapses are found, the HSE has warned that contractors can expect strong enforcement action. A similar initiative was carried out in February 2007, and of the 162 sites inspected in London, enforcement action was taken in 55 cases.

HSE Warning on Gas Safety Following Prosecution

Home owners are being warned by the Health and Safety Executive (HSE) to check that gas installers are properly registered and hold a current 'Gas Safe Register' identity card.

This warning comes after the prosecution of Mr Kevin Hall of Cannock, trading as Norfix Plumbing and Heating. He has been jailed for 84 days for breaching Health and Safety legislation.
Hall was sentenced on 9th June 2009 at Cannock Magistrates Court after pleading guilty to two counts of breaching Section 33(1)(g) of the Health & Safety at Work etc Act1974. He was carrying out gas work in contravention of a Prohibition Notice.

The HSE started an investigation into Mr Hall's work after receiving a complaint concerning gas work he'd undertaken in a house in Cannock in 2008. Mr Hall had replaced an old gas boiler, after falsely claiming that he was CORGI registered.

Before April 2009, when the Gas Safe Register was introduced, gas engineers were legally required to be CORGI registered. Mr Hall used another engineer's CORGI registration number on paperwork that he gave to the householder.

When inspected by a CORGI registered engineer, his work was found to be 'not up to current standards' although the work did not appear to pose any major risks to the occupants.

Mr Hall was issued a Prohibition Notice in July 2008, preventing him from carrying out any further gas installation work. HSE staff tried many times to contact Mr Hall, however he failed to respond. The HSE investigation uncovered further boiler installations in Cannock and nearby Brocton that had been completed in December 2008, after the Prohibition Notice had been served. At both of these addresses, Mr Hall had falsely claimed to be registered with CORGI and left the households with heating systems without hot water.

Although the installations were not immediately dangerous, the works carried out did not comply with the current standards, and households did not receive any paperwork to certify that the work had been carried out according to gas safety regulations.

Speaking after the case, HSE investigating inspector Andrew Bowker said:

"Kevin Hall continued to do sub-standard gas work without registration. The work has needed to be put right by registered engineers. Fortunately, in this instance, no one died or became ill. Such a blatant disregard for the law will not be ignored by HSE.

"By failing to be correctly registered with CORGI, Hall gained financial advantage over bona fide registered installers. However, the householders incurred additional costs in remedial work so their installations were a false economy.

"Every effort was made to contact Mr Hall in order to resolve the situation before proceedings were brought, so he was well aware that he was acting unlawfully.

"HSE would urge anyone having gas work undertaken to ensure that the contractor carries a 'Gas Safe Register' identity card. Tenants must also ensure that their landlord has provided them with a current gas safety certificate."

Shell Pays Record £345,000 FSO Fine

Shell International Ltd. has been fined a record £300,000 and ordered to pay costs of £45,000 after pleading guilty to three breaches of the Regulatory Reform (Fire Safety) Order at the Inner London Crown Court on 2nd June 2009. This is the largest penalty under the legislation to date.

The company was prosecuted by the London Fire Brigade following two small fires at the Shell Centre on London's South Bank in the space of three weeks.

A subsequent inspection on 12th January 2007 concluded that there were extensive breaches such as blocked escape routes and fire exits, defective doors and excessive fire loading, which had been considerably increased due to refurbishments taking place in the upper floors.

The Shell Tower and basement levels were restricted after the London Fire Brigade served a prohibition notice. This stated only people who were working to remedy the fire safety deficiencies were allowed to enter these parts of the building. An inspection carried out on 15th January 2007 showed that all of the fire safety failings had been taken care of and ultimately the prohibition notice was lifted.

It was also found that the company’s fire risk assessment had not been reviewed or updated since March 2003. The London Fire Brigade said that the condition of the general fire precautions in the building had deteriorated.

"Shell failed to respond properly to their risk assessment for three and a half years and had it not been for the fires which led to the inspection, it could have been considerably longer," said assistant commissioner Steve Turek. "Had Shell acted upon the findings of the 2003 risk assessment at the time, they would have avoided putting their staff at risk."

The first of the fires was on 19th December 2006 in the early hours of the morning, in which four fire engines and 20 fire fighters attended the scene. The second occurred on 5th January 2007, which was started by cutting equipment setting fire to insulation material. Forty people evacuated the building before the London Fire Brigade arrived.

London fire commissioner, Ron Dobson, said: "This conviction shows that major companies are not exempt from prosecution and must take their responsibilities under the RRO seriously."
Commenting in response to the conviction, a spokesperson for Shell said: "We are sorry for the shortcomings but must emphasise there were no injuries to people. We put things right immediately and have also had an independent review of our fire safety plans and condition of the building. Shell Centre is safe and we are complying fully with the law."

LEEA Plays the TEAM Card for Safer Overhead Lifting

A registration programme has been launched by the Lifting Equipment Engineers Association (LEEA), which is designed to ensure that only qualified engineers are permitted to test, examine and maintain overhead lifting equipment.

Under this new scheme, 'TEAM' (Test, Examine and Maintain) cards will be issued to engineers who have passed its industry-recognised Diploma examination. Employers are being encouraged to insist that the card is shown by anyone proposing to work on overhead lifting equipment.

The Chief Executive for LEEA, Geoff Holden, said: "Clearly it is vital that overhead lifting equipment remains safe to operate at all times, and this demands a range of specialist skills. Employers must also bear in mind that UK law demands all lifting equipment is subject to periodic thorough examination by a competent person. It is therefore vital that they take all the necessary steps to ensure that only properly qualified engineers are allowed to work on their lifting gear." Geoff added: "The TEAM card is modelled on successful schemes such as the CITB's Construction Skills Certification programme and the International Powered Access Federation's PAL card. It is a simple and effective way of helping employers stay on the right side of the law."

The TEAM card will prove that the holder has passed the LEEA's Diploma examination, which is the recognised qualification in the industry for lifting equipment engineers. Each TEAM card will:
  • List the holder's qualification;
  • Precisely identify the types of lifting equipment they are competent to work on;
  • Be valid for 5 years;
  • Will prove the identity of the holder and their employer.
All of the information detailed on the card can be verified by contacting LEEA and TEAM cards can only be used by employees of LEEA member companies. In order to earn the right of full membership of the LEEA, companies must pass a rigorous technical audit. To remain part of the LEEA, members are subject to further periodic audits.

Geoff Holden continued: "All too often, overhead lifting is overlooked when it comes to implementing effective health and safety programmes. As a result, lifting-related accidents remain a significant cause of death and serious injury in workplaces across the UK and worldwide. The Lifting Operations and Lifting Equipment Regulations (LOLER) rightly demand that periodic thorough examination of lifting equipment is undertaken by a competent person. By demonstrating the holder's competence, the TEAM card represents an extremely valuable tool for any employer looking to meet legal obligations and reduce the risk of potentially lethal equipment being used for overhead lifting."

HSE Unveils New Health and Safety Strategy

The HSE has published its strategy "The Health and Safety of Great Britain \\ Be Part of the Solution" last week (June 3rd 2009) hoping to reduce the number of related deaths and injuries in the workplace.

In 2007/08, provisional figures show that 229 workers were killed and 136,771 employees were seriously injured at their place of work. During the same time, approximately 2.1 million people were suffering from an illness thought to be caused by or made worse by their present or past work.

The HSE's strategy outlines these 10 goals:

1.To investigate work-related accidents and ill health and take enforcement action to prevent harm and secure justice when appropriate.

2.To encourage strong leadership in championing the importance of, and common-sense approach to, health and safety in the workplace.

3.To motivate focus on the core aims of health and safety, to help risk makers and managers distinguish between real health and safety issues and trivial or ill-informed criticism.

4.To encourage an increase in competence, which will enable greater ownership and profiling of risk, thereby promoting sensible and proportionate risk management.

5.To reinforce the promotion of worker involvement and consultation in health and safety matters throughout unionised and non-unionised workplaces of all sizes.

6.To specifically target key health issues and to identify and work with those bodies best placed to bring about a reduction in the incidence rate and number of cases of work-related ill health.

7.To set priorities and, within those priorities, to identify which activities, their length and scale, deliver a significant reduction in the rate and number of deaths and accidents.

8.To adapt and customise approaches to help the increasing numbers of SMEs in different sectors comply with their health and safety obligations.

9.To reduce the likelihood of low frequency, high impact catastrophic incidents while ensuring that Great Britain maintains its capabilities in those industries strategically important to the country's economy and social infrastructure.

10.To take account of wider issues that impact on health and safety as part of the continuing drive to improve Great Britain's health and safety performance.

Download a PDF copy of the strategy here.