Two firms fined after worker suffered serious head injuries

Two North East firms have been fined after a worker suffered serious head injuries when the fork of a forklift truck struck him on the forehead.

Jim McGowan, 66, of Felling, Gateshead, was employed by MD Engineering Services (UK) Ltd when the incident happened on 15 December 2010.

The company had secured a contract to remove redundant machinery and equipment at the premises of SAICA Pack UK Ltd in Queensway, Hartlepool and he was carrying out the work with a colleague who was driving the forklift truck.

Mr McGowan was working to remove a piece of equipment from a mezzanine platform and had bent over ready to hook a lifting sling onto the fork of the forklift truck.

As the forks were raised, the right hand fork became caught on the stop bracket of the gate to the mezzanine. The driver was unaware and continued to raise the forks. The force was great enough to shear the bracket, releasing the fork which sprung upwards striking Mr McGowan on the forehead.
He suffered a double fracture to the skull, facial fractures and a fractured eye socket and continues to suffer both physically and mentally from the incident.

Hartlepool Magistrates' Court heard today (12 December) that an investigation by the Health and Safety Executive (HSE) found that SAICA Pack UK Ltd had failed to ensure the work was carried out by competent persons and that its control of contractors was inadequate.

The investigation also established that MD Engineering Services (UK) Ltd had failed to adequately assess, plan and carry out the lifting operation or ensure that the workers sent to do the job had not been properly trained.

SAICA Pack UK Ltd, of Eastmount Road, Darlington was fined £13,000 and ordered to pay £5,489.40 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.

MD Engineering Services (UK) Ltd, of Blackthorn Way, Fencehouses, Houghton-le-Spring was fined £4,000 and ordered to pay £4,600 in costs after pleading guilty to breaching Regulation 8(1)(c) of the Lifting Operations and Lifting Equipment Regulations 1998.

After the hearing, HSE Inspector Victoria Wise added:

"What happened on that day was totally preventable. Both companies failed in their duty of care to Mr McGowan and as a result he suffered serious head injuries.

"It clearly illustrates the importance of ensuring that lifting operations are properly planned and managed by a competent person."

A father of two, with five grandchildren, Mr McGowan had hoped to continue working but the ongoing effects of his injuries have now forced him to retire.

He does not feel up to talking independently about his experiences, but speaking on his behalf his wife Brenda explained:

"Jim loved his job, he'd been in the trade for 49 years and had been self-employed working with MD Engineering for the last eight years. He really misses it, but he's just not able to continue working now.

"He gets ongoing support from a support worker, case manager, physiotherapist and a psychologist. He still suffers short-term memory loss and it's also affected his hearing, balance and taste, and we don't know in the long term whether that will ever improve.

"It's had a big impact on us both and the family. It's changed everything. He was once so active and independent but now I have to spend more and more time with him, as you worry all the time if he's safe.
"I hope that this case will help highlight the importance of safety, companies cannot afford to cut corners on safety putting people's lives at risk. Jim was lucky, he could have been killed in this terrible incident and I just hope we can help stop anything like this happening to anyone else."

Builder fined after chainsaw injures contractor

A Burton upon Trent builder has been fined for dangerous working practices and for failing to report an incident after a Derbyshire worker seriously injured his hand on a chainsaw.

The worker, from Swadlincote, who does not want to be named, caught his left hand on the moving teeth of the machine after it snagged during work to cut felled trees. His thumb was cut to the bone, breaking the joint, and he also injured his fingers.

He was unable to work for six weeks.

Stafford Magistrates Court heard today (12 December) that on 16 March (2012) he had been sub-contracted by Gary Wardle, director of Wardle Site Services Ltd, to clear trees as part of a scheme to build a wall along the driveway of the company's premises at Stapenhill.

Mr Wardle was using the chainsaw while the injured worker held the log steady at a distance of just 30cms. The blade "snatched" a log during a cut and his hand was pulled towards it.

An investigation by the Health and Safety Executive (HSE) found that Mr Wardle failed to follow basic working practices for safely using a chainsaw, such as providing supports for the log and maintaining a distance of five metres between the chainsaw and other workers.

Furthermore, Mr Wardle did not inform HSE of the incident, despite it being reportable under the RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences) regulations.

Gary Wardle, of Stapenhill, Burton upon Trent, was fined £2,500 and ordered to pay £2,500 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and Regulation 3(2) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.
After the hearing, HSE inspector Nic Rigby said:

"The risks of using a chainsaw are obvious. They are dangerous pieces of machinery that can cause serious harm or even death, and Gary Wardle carried out his work in a dangerous and reckless manner.

"An effective assessment of the risks needs to be carried out prior to any work of this nature. Anyone using a chainsaw should have received adequate training and must be competent to handle it safely and sensibly.

"In addition, Mr Wardle decided not to inform HSE of this incident, when it was his clear duty to do so. Advice and guidance is readily available from HSE to help comply with the law and keep people safe."

Firm's failures led to workers' exposure to asbestos at Aberystwyth flats

Significant safety failures by a plumbing company may have led to two workers being exposed to dangerous asbestos fibres during a major refurbishment project on flats in Aberystwyth.

The workers - a site manager and a subcontractor - were not provided with information about the presence of asbestos while working at the flats in the Penparcau area between November 2010 and February 2011.

Superior Plumbing Installations Ltd, the principal contractor at the site, appeared before Aberystwyth Magistrates today (10 Dec) in a prosecution by the Health and Safety Executive (HSE).

The court heard that a routine inspection by HSE found contractors carrying out refurbishment work without taking account of asbestos that may have been present.

Workers had removed 82 metres of cement board, which a survey had identified as 'presumed to contain asbestos', by breaking it up with a hammer and shovelling it into a wheelbarrow before putting it in a general waste skip. The contractor was due to do the same on two other properties, one of which had asbestos confirmed in the soffits.

HSE found that Superior Plumbing had made no effort to obtain asbestos surveys that existed for the properties to determine if asbestos was present in the flats (Penybont, Gwel Rheidol, Bryn Ysgol and Tremafon blocks) or assess the risk of working with asbestos on the site.

The firm also failed to make a plan to properly deal with its removal and hired a site manager for the scheme who had not been given asbestos awareness training.

Superior Plumbing Installations Ltd, of Windmill Hill Business Park, Whitehill Way, Swindon, pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £5,000 and ordered to pay £3,830 in costs.

HSE Inspector Phil Nicolle, speaking after the hearing, said:

"Superior Plumbing's failure to follow advice, guidance and their own procedures to identify the presence of asbestos and plan for its safe removal has needlessly created a serious long term risk to workers' health.

"Contractors must ensure an asbestos survey has been carried out where a building - or part of it - needs upgrading, refurbishment or demolition.

"The survey must locate and identify all asbestos-containing material before any structural work begins and appropriate arrangements put in place to deal with any asbestos containing materials that are uncovered.

"Around 4,000 people die every year as a result of breathing-in asbestos fibres, making it the biggest single cause of work-related deaths in the UK."

Roofer caught on camera risking lives

A Merseyside roofer has been fined after he allowed lives to be put at risk on the roof of a semi-detached house in Maghull.

 

Phillip McGinn (right) and another worker on the roof of a semi-detached house in Maghull

Phillip McGinn, 38, and two other workers were photographed retiling the roof of a property on Old Race Course Road on 21 August this year without safety measures in place to prevent them falling to the ground below.

The Health and Safety Executive (HSE) sent an inspector to visit the site after receiving a complaint about the work from a member of the public. The inspector immediately issued a Prohibition Notice ordering the men to come down from the roof until it had been made safe.

South Sefton Magistrates' Court in Bootle was told today (13 December 2012) that scaffolding had been erected at the front of the house, but there was nothing at the side or back of the roof to stop workers falling off.

Phillip McGinn, who trades at Stormguard Roofing, pleaded guilty to a breach of the Work at Height Regulations 2005 after he failed to take measures to prevent workers being injured in a fall.
Mr McGinn, of Wynnstay Avenue in Maghull, was fined £3,000 and ordered to pay £1,668 in prosecution costs.

Speaking after the hearing, HSE Inspector Jackie Western said:

"There were several ways this work could have been carried out safely, including fitting hand rails and toe boards around the edge of the roof to prevent people falling.

"Mr McGinn put his own life and the lives of two other men at risk by allowing the work to go ahead without suitable safety measures in place. The scaffolding at the front of the building did nothing to prevent them falling off the side or back of the roof.

"I would like to thank the person who alerted us about the work as, if they hadn't, someone could have been seriously injured or even killed."

Firm in court over forklift injuries

A firm in Chorley has appeared in court after one of its employees was injured while being lifted on the prongs on a forklift truck.

CCTV captures a worker balancing on the prongs on a forklift truck, shortly before he is injured in a fall
 

The 39-year-old worker from Preston, who has asked not to be named, was filmed on CCTV standing on the forks of the vehicle as it lifted him and a battery-operated pallet truck across the warehouse floor at H&A Prestige Packing Company Ltd.

As the vehicle moved, the pallet truck overbalanced and fell from the forklift. The worker tried to hold on but also lost his balance and was caught between the forks on the pallet truck.
He avoided being burned by the battery acid that leaked onto the floor, but suffered bruising to his right hip and thigh.

H&A Prestige Packing was prosecuted by the Health and Safety Executive (HSE) today (30 November 2012) following the incident at its factory at Ackhurst Business Park on Ackhurst Road on 31 May last year.

South Ribble Magistrates' Court, in Leyland, was told the company had been hired to bottle an energy drink for export that is used during fasting. The pallets of bottles were heavier than usual, each weighing one-and-a-quarter tonnes, so a pallet truck was used to move them inside the containers.
On the day of the incident, the warehouse shift manager had stood on the prongs on the forklift on four separate occasions so that the pallet truck could be lifted in and out of the containers. When he finished his shift at lunchtime, he asked another worker to take over. It was this worker who fell from the forklift approximately 40 minutes later.

A HSE investigation found that several workers and managers had been seen standing on the prongs on forklift trucks on several occasions prior to the incident. However, the behaviour had remained unchallenged by two layers of management.

H&A Prestige Packing Company Ltd pleaded guilty to single breaches of the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999.

The company was fined £14,000 and ordered to pay prosecution costs of £6,657 for the offences, which relate to failing to ensure the safety of workers and failing to carry out a suitable and sufficient assessment of the risks.

Speaking after the hearing, HSE Inspector Tracy Read said:

"The employee was lucky not to have been more seriously injured when he fell from the forklift truck. He could easily have been burned by the battery acid or run over by the vehicle.

"Rather than being a one-off incident, our investigation found that it had become commonplace for workers to stand on the prongs of moving forklift trucks.

"The company should have carried out a proper assessment of the risks workers faced and found a safer way of loading the pallets into the containers."

National auto centre fined

A well-known autocentre chain has been sentenced for safety failings after a worker was struck by a reversing transit van at its depot in Acocks Green, Birmingham.

Michelle Sloan, 45,from Aston, was parked in front of the Halfords Autocentre reception to unload some parts. She was reaching into the back of the vehicle when a transit van reversed into her door, closing it and trapping her legs.

The door crushed both her knees causing a torn tendon in her left knee and a severed tendon in the right one. A year after the incident she is still struggling to walk and has been unable to return to work.

Halfords Autocentres Limited was prosecuted by the Health and Safety Executive (HSE) following its investigation into the incident on 25 October 2011.

Birmingham Magistrates' Court heard today (28 Nov) that Halfords failed to put suitable control measures in place to separate pedestrians and vehicles on the site Had they done so, the incident would not have happened.

Halfords Autocentres Limited of Icknield Street Drive, Washford West, Redditch, Worcestershire, pleaded guilty to a breach of the Workplace (Health, Safety and Welfare) Regulations 1992 for failing to ensure workers and vehicles could move safely around the site. The company was fined £5,000 and ordered to pay £5,000 in costs.

Speaking after the hearing, HSE Inspector Matt Whitaker said:

"Halfords Autocentres didn't carry out a proper assessment of the risks and, as a result, there was no safe system for keeping unloading vans separate from moving vehicles and pedestrians.

"The woman has suffered severe and debilitating injuries as a result of the company's safety failings.
"Although it has since made improvements, it is disappointing that it took an incident of this nature for these changes to be made."

Care home provider fined after elderly resident died following fall

A South Lanarkshire care home provider has been fined after an elderly resident died after breaking her neck in a fall.

At Hamilton Sheriff Court today, BUPA Care Homes (Carrick) Ltd was fined £57,000 after pleading guilty to a breach of Section 3 of the Health and Safety at Work etc Act 1974, which led to the death of Mrs Elizabeth Stevenson, 88.

BUPA Care Homes (Carrick) Ltd admitted to failing to review and update a risk assessment for Mrs Stevenson and failing to provide adequate instruction and supervision to their employees engaged in moving and handling residents of Highgate Care Home in Uddingston.

On the morning of 22 October 2008, a carer in the home was in the process of assisting Mrs Stevenson in undressing in order to transfer her from her bed to her shower chair when Mrs Stevenson fell to the ground.

The carer, who had only very shortly before taken up work at the home, was unaware that a care plan assessment carried out a month earlier stated that two people were required to transfer Mrs Stevenson safely from her bed into the shower chair.

Mrs Stevenson, who had been a resident at the home since September 2007, was taken to Monklands General Hospital where she was found to have a broken neck. She died the following day as a result of her injuries.

A HSE investigation found that as part of Mrs Stevenson's care plan a 'Safe System of Work Assessment' on how to move Mrs Stevenson safely had been undertaken on 8 March 2008. This stated that she required the minimum assistance of one person, and that this should be updated after 12 months or sooner if there was any significant change in her mobility.

On 8 September 2008 as part of her care plan known as a "Quest Individual Assessment", Mrs Stevenson was assessed as requiring the assistance of two people for washing, dressing and undressing. However, the Safe System of Work Assessment was not updated and continued to indicate one person would suffice to move her safely.

The court heard that, while BUPA instigated induction training for care staff which covered moving and handling of residents, including the consulting of their care plans, in practice care staff relied upon consulting their colleagues about residents' moving and handling needs rather than the care plans.

The carer who had been assisting Mrs Stevenson on the morning of her fall had been given insufficient instruction and was not adequately supervised in relation to the handling of this lady and her specific needs.

The investigation concluded that the death of Mrs Stevenson was due to a failure on BUPA's part to ensure that Mrs Stevenson's Safe System of Work Assessment was updated and that its employees were adequately instructed and supervised in how to move Mrs Stevenson safely.

Following the case, HSE Principal Inspector Barry Baker, said:

"Care homes have a responsibility to look after their residents, who are often vulnerable and not able to look after themselves. In this case the standard of care provided to Mrs Stevenson by BUPA Care Homes (Carrick) Ltd fell below acceptable standards, with tragic consequences.

"This is not an isolated incident and every year there are numerous residents who suffer serious injuries as a result of a fall in a care home. To help avoid similar incidents it is crucial that care providers ensure they have thorough care plans for their residents in place and that their staff are properly trained and supported to make these plans work in practice."

Sanding machine was not modified for school pupils                                   

An 11-year-old pupil suffered serious injuries when his hand was trapped in a bench sanding machine during a class at a school in Solihull.

On 6 October last year, the boy was using the machine during a design and technology lesson at Alderbrook School. He was sanding the edges of a piece of acrylic material as part of a project to create a wind chime.

While he was using the machine, his left hand became trapped between the rotating face of the sanding disc and the machine's table edge. He required specialist surgery to repair tendon damage to his fingers and was off school for several weeks owing to his injuries. He still suffers pain in cold weather and doesn't have full range of movement in his fingers.

An HSE investigation found the machine had guarding in place, but it was designed for use by adults. The gap between the disc face and the table edge was 6mm, which was large enough to trap the student’s hand.

The company carried out a generic risk assessment when the machine was installed in 2000 but this failed to identify the potential entrapment hazard. The machine’s manual recommended the gap should be set to 1.5mm and the school failed to adapt the machine to make it safe for use by young students.

The HSE issued an Improvement Notice on 7 November last year, which required the school to put measures in place to prevent students from being able to access the dangerous area on the machine.

HSE inspector Karl Raw said: “Health and safety management for design and technology within Alderbrook School was not of the expected standard. Guidance was out of date, risk assessments were generic, and concerns raised in a 2010 audit by Solihull Metropolitan Borough Council relating to this had not been addressed.

“This prosecution is not about schools abandoning or being stopped from allowing pupils to use machines. It is about sensible assessment of risk, given the age and maturity of school pupils.”

Alderbrook School appeared at Solihull Magistrates’ Court on 5 November and pleaded guilty to breaching s3(1) of the HSWA 1974. It was fined £3500 and ordered to pay £5000 in costs.

In mitigation, the school said it had no previous safety convictions and cooperated with the enforcement notice by immediately removing the machine and another identical machine from use. It has subsequently purchased replacements, which have suitable guards in place

Packaging company prosecuted after worker injured

An Essex packaging company has been fined after one of its employees sustained a serious hand injury on an unguarded laminating machine.

Gary Dean, of Redstock Road, Southend-on-Sea, had the skin on the palm of his left hand torn away in the incident at Frith's Flexible Packaging, in Southend, on 26 September 2011.

Sourthend Magistrates' Court heard today (28 November) that he was using a glue laminating machine when he noticed an indent mark on a finished product. He put his left hand into the machine via an unguarded portal to scrape away dried glue residue from a roller that had caused the blemish, but his whole hand was drawn into the roller and the palm of his left hand was de-gloved.

Mr Dean was hospitalised for two days and required emergency surgery. This was followed by several months of physiotherapy to regain movement between his thumb and first finger, before he finally returned to work after two and a half months.

The Health and Safety Executive (HSE) investigated the incident and found that Mr Dean had removed an interlocked guard on the laminating machine some six years earlier to allow him to set the machine up more easily. He and other employees, including his supervisor, had used the machine without the guard ever since.

Had the guard been in place they would have been unable to access dangerous moving parts, including the roller, while the machine was in operation.

HSE inspectors also found that although a risk assessment and a safe system of work were available for the laminator they were very basic, did not adequately set out the control measures or troubleshooting guidance; and staff were largely unaware they existed.

Frith's Flexible Packaging was served an Improvement Notice by HSE to review their training plan, incorporating revised risk assessments and a safe system of work.

Follow-up enquiries revealed that a second laminating machine at the site had also had its guard removed, and that the company had failed to address this issue following Mr Dean's incident. HSE therefore served another Improvement Notice for guarding requirements and a third requiring 'competent person' training to enable the company to properly manage its health and safety responsibilities.

Frith's Flexible Packaging Ltd, of Coopers Way, Temple Farm Industrial Estate, Southend-on-Sea, was fined £8,000 and ordered to pay £2,046 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

After the hearing, HSE inspector Sam Thomson said:

"This incident was entirely preventable. Guards are placed on machines for a good reason and should not be removed for convenience. The fact the offending guard here had been missing for a number of years is particularly disturbing.

"Hand injuries from printing and laminating machines are a well known risk within this industry, and the company had been given previous advice on similar guarding matters. So measures should have been in place to protect Mr Dean and other workers.

"HSE will not hesitate to prosecute companies who put their employees at risk in this way."

Newquay building contractor fined for ignoring safety risks

A Newquay building contractor has been fined for allowing multiple safety failings at a new-build construction site, exposing workers to serious risk of injury.

Bodmin Magistrates' Court heard today (28 Nov) that Paul David Brannan was the principal contractor at the four-storey apartment block in Mount Wise, Newquay.

The unsafe site in Mount Wise, Newquay
 

An investigation by the Health and Safety Executive (HSE) found that numerous 'fall from height' risks were observed at the site, including unprotected edges in floor-to-ceiling window openings, the lift shaft and stairwell. Scaffolding was also incomplete.

A health and safety inspection had been carried out by a competent advisor two months before the HSE inspection. The fall risks were highlighted by the advisor, yet no effective action had been taken by Mr Brannan to make improvements or to eliminate the safety risks.

Paul David Brannan, of Ulalia Road, Newquay, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005. He was fined £3,000 and ordered to pay costs of £1,800.
Speaking after the hearing, HSE Inspector Barry Trudgian said:

"The dangers of working at height are well known within the construction industry and this site had the greatest number of fall risks I have seen in one structure. It is very fortunate that nobody was injured because in numerous parts of the building, on each floor, there were no measures in place to prevent workers falling from height.

"Today's prosecution should serve as a reminder to all building contractors and companies to protect their employees from falls when working at height. It is a legal duty to manage safety and failing to do so ends too often in tragedy."

Concrete firm in court after worker hit by forklift

A Shropshire concrete firm has been prosecuted after a worker suffered serious leg injuries when he was hit by a forklift truck.

Tomasz Kosmacz, 38, of Hadley, was responsible for removing excess concrete from moulds at Elite Precast Concrete Ltd's Telford factory.

Mr Kosmacz was putting the excess concrete in a bucket and then onto the prongs of the forklift.
He was working in close proximity to the forklift, when he was struck by the vehicle.
He suffered multiple foot fractures, needed four screws in his broken ankle and also hurt his knee. He had to have two operations and is still unable to work following the incident on 7 July 2011.

Telford Magistrates heard today (16 Nov) that the Health and Safety Executive (HSE) found there was a written instruction in the factory stating the bucket should be placed on a pallet, not directly on the forks. This had not been translated into Polish for the benefit of the migrant labour the company employed, many of whom, like Mr Kosmacz, did not speak English.

Elite Precast Concrete Ltd, of Unit L, Halesfield 9, Telford, Shropshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The firm was fined £10,000 and ordered to pay costs of £2,897

After the hearing HSE inspector Katharine Walker said:

"The incident was entirely preventable. Had the instruction requiring the use of a pallet to move the waste been translated into Polish and effectively communicated to the workers, Mr Kosmacz would not have had to endure these painful injuries.

"Elite Precast Concrete Ltd took no effective steps to prevent this incident. They relied heavily on migrant labour but lacked the arrangements to allow those workers to enjoy the expected level of safety.
"The company had allowed an unsafe custom and practice to develop. There was no effective segregation of vehicles and pedestrians and the means of transporting the waste concrete was bound to bring the two into contact.

"Mr Kosmacz had been working in this manner for a number of weeks - it was not a single error on a single day; there was an inevitability that someone was going to get hurt."

Derbyshire firm fined for putting workers in danger

A Derbyshire company has been fined for putting employees in danger by allowing them to work in confined spaces without any relevant training or safety measures.

Derby Crown Court heard today (22 November) that SAPA Profiles UK Ltd, which makes aluminium profiles, regularly sent workers into a 5.5 metre deep pit to retrieve waste aluminium that had collected at the bottom.

The Health and Safety Executive (HSE) visited the company's Sawpit Lane premises in Tibshelf in May 2008 and served an Improvement Notice after discovering that work in the pit was not carried out in accordance with a safe system of work, which should have included the provision of adequate training. The company complied with the Notice and developed a safe system of work, including providing training to some of their workers, but in August 2011 a member of staff contacted HSE to raise concerns about the way in which confined spaces work was carried out.

During a follow-up visit on 31 August 2011, HSE inspectors found the company had a written safe system of work, but it was not being adhered to. The policy stated staff should be trained when either working in the pit or observing from the top, however that training was never provided to a number of the workers involved.

In addition, some of the harnesses intended to be worn by workers when accessing the pit had not been thoroughly examined to ensure that they were safe to use despite being reminded by their insurer of this requirement. It was also found that a gas analyser, used to ensure that the atmosphere in the pit was safe, had not been calibrated to ensure its accuracy.
SAPA Profiles UK Limited, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 for failing to protect its workforce. Derby Crown Court fined the company £30,000 and ordered it to pay full costs of £12,348.

Speaking after the hearing, HSE inspector Scott Wynne said:

"Every time someone went into the pit, a permit to work had to be completed giving details of how the work was to be carried out. Of 147 permits examined, 97 had clear issues yet those issues were never identified or followed up.

"Conditions in the pit are very unpleasant. It is a hot, humid, dark, confined space where people could easily have become disorientated or overcome by the heat. There was a significant risk to workers from oxygen deficiency and from other substances entering the pit.

"It was unacceptable of the company to put staff at risk in this way, especially when bearing in mind the previous enforcement action taken by HSE on precisely the same issue just three years earlier. The company had a duty to make sure its written procedures were being followed, but it failed in that duty. It is extremely fortunate that no serious incidents have occurred in relation to this work."

Leicester firm prosecuted after worker's five-metre fall

A Leicester door-fitting firm has been fined after an employee was injured when he fell from a wooden crate fixed to a fork lift truck.

The 39 year-old man from Enderby, Leicester, fractured his wrist, heel, ankle and elbow when he fell nearly five metres while fitting a roller shutter door at a farm in West Firsby, Lincoln.

He needed an operation on his heel and was unable to work for about three months after the incident on 2 September 2011. The Health and Safety Executive (HSE) investigated and prosecuted his employer, Multi Industrial Doors Ltd (MIDL), of Burbage, for failing to properly plan work at height.
Lincoln Magistrates' Court heard today (20 November) that on arrival at the farm, the employee and his colleague tied a wooden potato crate to a forklift truck using a strap from their vehicle. The employee was then lifted five meters to install a motor on the potato store wall. As he turned to pick up tools, the crate tipped, he fell to the ground below and the crate fell on top of him.

Multi Industrial Doors Ltd, of Sapcote Road, Burbage, pleaded guilty to breaching Regulation 8(b) of the Work at Height Regulations 2005. The firm was fined at total of £1,000 and ordered to pay £1,870 costs.

After the hearing, HSE inspector Christopher Copeman said:

"The risk of serious injury was high and foreseeable. Using the wrong equipment to work at height can lead to falls and the likelihood of serious head or back injuries. These types of injuries can lead to construction workers being unable to work as well as causing a significant reduction in quality of life for the injured person.

"Work at height should always be properly planned and the correct equipment provided to ensure the job is carried out safely."

Gloucestershire firm fined over teenager's severed fingers

A Gloucestershire manufacturer has appeared in court after a teenage apprentice had parts of two fingers severed in unguarded machinery.

The 17-year-old, who has asked not to be named, was working at The Albany Engineering Company Ltd factory in Lydney on 3 May this year when the glove on his right hand became caught in a rotating cutter, slicing off the tops of his index and middle fingers to the first joint.

The company, which produces industrial pumps, was prosecuted by the Health and Safety Executive (HSE) following an investigation into the incident.

Cheltenham Magistrates' Court was told today (19 November) that the apprentice and another worker had been holding a metal plate under a milling cutter to stop it vibrating while it was being cut. However, there were no guards in place to prevent them from being injured.
The court heard that HSE had previously issued the company with five enforcement notices following a visit to its Bradford site in September 2010 requiring improvements to machinery guarding including milling machines.

After receiving the notices, the company made changes at its Yorkshire factory but failed to take action to improve the safety of machines at its headquarters.

The Albany Engineering Company Ltd pleaded guilty to breaches of the Health and Safety at Work etc Act 1974 and the Provision and Use of Work Equipment Regulations 1998 by failing to ensure the safety of workers and failing to prevent access to dangerous machine parts.

The company, of Church Street in Lydney, was fined a total of £4,000 and ordered to pay £1,962 in costs.

Speaking after the hearing, HSE inspector Caroline Bird said:

"A teenage apprentice just entering the world of work, lost parts of two fingers because Albany Engineering didn't do enough to look after his safety.

"He should never have been holding the metal plate and, had suitable machinery guards been in place on the milling machine, his fingers would not have come into contact with the rotating cutter.
"The company failed to adopt a safe system of work on this machine and failed to carry out a proper risk assessment of the work. The training of this young person was also inadequate.

"This incident could have been avoided if the company had checked the safety of its milling machines after receiving enforcement notices relating to the guards on the machines at its Bradford factory."

Driver crushed during Old Trafford demolition

A demolition firm has appeared in court after part of a stand collapsed onto an excavator driver at Old Trafford Cricket Ground.

The 33-year-old worker from Warrington, who has asked not to be named, suffered serious injuries when a two-tonne concrete slab landed on his vehicle's cab.

Warrington-based Excavation and Contracting (UK) Ltd was today (16 November 2012) prosecuted by the Health and Safety Executive (HSE) following an investigation into the incident at the Talbot Road ground, home to Lancashire County Cricket Club, on 26 April last year.

Trafford Magistrates' Court heard the company had been hired to demolish a two-tier stand at the stadium. However, the work had not been planned properly and the excavator had been positioned too close to the stand being demolished.

The worker sustained fractures to both legs in several places and severe cuts and bruising when a four-metre wide slab fell from the upper floor onto his vehicle.

Excavation and Contracting (UK) Ltd pleaded guilty to breaching the Health and Safety at Work etc Act 1974 and the Construction (Design and Management) Regulations 2007 by failing to ensure the safety of workers and failing to plan and carry out the demolition work safely.

The company, of West Quay Road in Warrington, was fined £5,000 and ordered to pay £12,000 in prosecution costs.

Speaking after the hearing, HSE Inspector Alan Pojur said:

"The excavator driver was lucky not to have been killed when the two-tonne concrete slab collapsed onto his cab.

"His life was put in danger because Excavation and Contracting (UK) Ltd didn't plan the work properly.

"They should have arranged for a high-reach excavator to be used so that the stand could be demolished from a safe distance away. It was only after the incident that this safe method of work was implemented.

"Demolition work has the potential to be extremely dangerous so it is vital firms plan projects properly and provide appropriate supervision to make sure workers stay safe."

Firms fined after crane crashed down on building site

Two companies have been fined after a serious failure in communications led to an 80 tonne mobile crane toppling over, narrowly missing workmen and a busy road.

^[1]The site of the incident at Gillingham
 

The incident happened on a building site in Fernbrook Road, Gillingham, on 18 August 2009 during construction of a new nursing home.

South Coast Crane Hire Ltd and the principal contractors, JR Pickstock Ltd, appeared at Weymouth Magistrates court today (21 November) in a prosecution by the Health and Safety Executive (HSE).
The court heard the crane was supplied and operated by South Coast Crane Hire but confusion arose as to whether the job had been set up as a crane hire only or contract hire basis, where planning of the lifting operation is included.

This resulted in planning of the lift being neglected by both firms and led to vital roles for the job not being assigned. In addition, important information - including the weights being lifted and ground conditions - were not passed on to the workers involved.

HSE's investigation found the lift itself was carried out unsafely as the crane was overloaded and being operated on poor ground. As a result the 80-tonne crane overturned and its extended 50 metre jib fell across the site, narrowly missing the workers and a nearby road.

HSE said a larger crane should have been used and ground mats were needed to spread the load of the crane's outriggers due to the poor ground conditions.

The court was told the lift hire contract should have met industry guidance, which says a competent person should be appointed to plan the lift. This person should be provided by the crane hire company if it is a contract hire arrangement or by the hirer if it is a hire-only agreement. The crane hire company should have ensured this happened when they set-up the contract.

A lift plan should have been drawn-up by the competent person and communicated to those involved in the work. The principal contractor should also have taken all reasonable steps to ensure the construction phase plan identified risks to health and safety and included measures to address risks.
South Coast Crane Hire Ltd, of Tradecroft Industrial Estate, Portland pleaded guilty to breaching Regulation 8(1)c of the Lifting Operations and Lifting Equipment Regulations 1998 and was fined £10,000 and ordered to pay £14,917 in costs. JR Pickstock Ltd, of Maesbury Road, Oswestry, pleaded guilty to breaching Regulation 23(1)a of the Construction (Design and Management) Regulations 2007 and was fined £16,000 and also ordered to pay £14,917 in costs.
HSE inspector Kathy Gostick, speaking after the hearing, said:

"This incident could have led to death and serious injury and was a direct result of a catalogue of failures by two construction companies

"Good communications between all those involved in crane operations and all other construction activities is vital to ensure lifting operations are properly planned, particularly those involving the use of heavy mobile cranes working in a busy area such as a construction site.

"Had it been clearly established by both South Coast Crane Hire and JR Pickstock who was responsible for planning the lift when the lift hire contract was set up is highly unlikely that the crane would have overturned putting a number of workers and people on the road at unnecessary risk."

Mitcham firm fined for rubbish safety

A Mitcham rubbish clearance and skip company has been fined for ignoring safety warnings, leaving staff working on a site in Croydon at risk.

The Health and Safety Executive (HSE) carried out an inspection at Rubbish Express on Beddington Lane, Croydon, in August 2011 and found that a JCB lift truck had not been thoroughly examined and was operated by staff who had not received adequate training.

The HSE served two Improvement Notices, giving the company until October to provide training and to arrange for a competent engineer to thoroughly examine the telehandler lift truck.

Westminster Magistrates’ Court heard today (14 Nov) that Rubbish Express did not take any action until February 2012.

Rubbish Express Ltd of Graham Road, Mitcham, pleaded guilty to two breaches of the Health and Safety at Work etc Act 1974 by failing to comply with two Improvement Notices. It was fined £5,000 for each charge and ordered to pay £3,500 in costs.

After the hearing HSE inspector Clare Hawkes, said:

"Rubbish Express Limited was given sufficient time to provide suitable training to employees operating the telehandler lift truck and to ensure that it was safe to use and properly maintained. Rather than get on with the work, the company delayed taking basic safety steps to protect workers from the risk of serious accidents.

"No one was injured in this case but incidents involving lift trucks are often due to poor supervision and a lack of training. Improvement Notices should be taken seriously – it is an offence not to comply with them."

Construction company ignored vital safety warnings

A building firm put the lives of its employees and nearby residents at risk after repeatedly ignoring safety warnings on a redevelopment project in Bristol city centre.

Peak Construction (London) Ltd was working on Riverside House in Welsh Back to convert the upper floors to residential accommodation and adding two new timber framed floors on top of the building.

The site was visited six times by inspectors from the Health and Safety Executive between August and October 2011 following initial concerns raised by members of the public about dangerous working practices.

Bristol Magistrates heard today (14 November) that on each occasion inspectors found a series of failings by the company relating to unsafe work at height, including the use of a mobile elevating work platform without worker harnesses, a lack of edge protection to prevent falls, poorly constructed scaffolding and risks with materials falling from the roof.

Inspectors also identified multiple fire risks, including no fire plan, no means of raising an alarm, no fire extinguishers, no marked emergency escape routes and the use of an open flame gas torch in the timber roof with no fire precautions in place.

Seven Prohibition Notices were served ordering work to stop immediately but some dangerous practices continued.

Peak Construction (London) Ltd, of Takeley Road, Bambers Green, Takeley in Essex pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005 and Regulation 38 of the Construction (Design and Management) Regulations 2007 for failing to make satisfactory safe working arrangements, and for allowing dangerous practices to continue. The company was fined a total of £10,000 and ordered to pay £4,629 in costs.

After the hearing HSE Inspector Steve Frain said:

"Right from the start of the job, the company was warned about its health and safety performance and individual directors were made aware of the initial failings we identified at the site.

"The number of follow-up inspections and interventions we made in this case went far beyond what would normally be required. The same risks were clearly pointed out at each inspection, yet still the company failed to take sufficient action.

"Falls from height are the single most significant cause of death or serious injury within the construction industry and timber frame construction methods pose a greatly increased fire safety risk that requires high standards of management and control throughout a project.

"Although there was no fire on this occasion, a fire on this site carried a high risk of serious injury to the workforce and members of the public.

"These are not minor technical breaches of the law. They show a failure of leadership across the company which led to a high risk of significant injuries."

Company fined after worker falls through riding school roof

A Knightsbridge facilities and cleaning company has been fined after one of its employees fell six metres through a riding school roof on the Longcross estate in Surrey.

The worker, who does not wished to be named, miraculously escaped with only minor injuries in the fall after a sand-covered floor cushioned his impact.
His employer MB Facilities Management Ltd had been sub-contracted to clean gutters at Lilypond Farm on the estate, near Chertsey, when the incident occurred on 23 March this year.

North Surrey Magistrates' Court heard today (17 October) that the worker was cleaning the stable roof as part of the job when he stepped on a plastic skylight that gave way beneath him. He plunged to a riding arena below, covered with soft sand for the comfort of horses.

An investigation by the Health and Safety Executive (HSE) identified that he had he fallen onto concrete he could have been seriously injured or killed.
HSE Inspectors found that MB Facilities Management failed to ensure the safety of its workers. The company's own risk assessment identified the dangers of falling through the skylight, but workers were merely advised that they shouldn't cross it. They weren't supervised and there were no measures in place to prevent a fall.

MB Facilities Management Ltd, of 55 Princes Gate, Exhibition Road, London SW7, pleaded guilty to breaching Regulation 4 of the Work at Height Regulations 2005. The company was fined £4000 and ordered to pay £3700.30 in costs. The worker received £1000 in compensation.

After the hearing, Inspector Russell Beckett said:

"The six metre fall could have easily have proved fatal and was entirely and easily preventable.

"MB Facilities Management could have covered the skylight, or used a cherry picker to raise workers up to the roof light - both simple measures to take.
"Roofers account for almost a quarter of all workers who are killed in falls from height, and falls through fragile materials like sky lights account for more of these deaths than any other single cause. Many others are seriously injured and are left with permanent life-changing disabilities.

"The dangers are obvious, the safety guidance is clear and there is no excuse for workers to be risking their lives."

Nursing home fined for elderly man's fatal fall

Truro Crown court heard today that an elderly man with dementia was able to wander into another resident's room at his nursing home and fall to his death from a window.

Reginald Gibbings
 

Reginald Gibbings, 89, fell 3.6 metres from the room at Hillcrest House, Barbican Road, East Looe on 15 July 2008.

Hillcrest House Ltd was fined £40,000 and ordered to pay £95,963 in costs in a prosecution brought by the Health and Safety Executive (HSE). A compensation order of £2,300 towards the family's funeral costs was also made.

The court was told that Mr Gibbings had been admitted to the secure unit for elderly and mentally ill people at Hillcrest House care home, after his wife suffered a stroke at their home in Barbican Court, East Looe.

He did not settle well at the home and repeatedly stated he wanted to leave and tried to get out by forcing the secure garden gate on the day of his fall. On the 15th July 2008, Mr Gibbings entered a bedroom on the ground floor which had a restrictor fitted to prevent the window opening fully. The restrictor was defeated, either by Mr Gibbings or someone else, allowing the window to open fully. Although on a ground floor, the home is built into a banked area and the sloping gardens created a large drop beneath the window.

Mr Gibbings either fell through the window or fell trying to climb out it. He suffered multiple fractures and died in hospital two days later.

After the hearing, HSE Inspector, Sarah Baldwin-Jones, said:

"This tragic incident could have been avoided if Hillcrest had fitted suitable window restrictors. Someone at the home was able to defeat the restrictor and consequently, Mr Gibbings, who was a very vulnerable person, was able to fall from a significant height.

"Hillcrest failed to appreciate this risk, even though they had already purchased new window restrictors for the unit. Their delay in fitting the new, more robust restrictors which could not be defeated, resulted in Mr Gibbings' death. Had the new restrictors been fitted, this incident would likely not have occurred.

"It is essential that nursing homes consider the type of window restrictor fitted to their windows. Homes should consider the robustness of their restrictors and how easy it would be to defeat them. They should conduct a risk assessment and implement immediate measures to ensure vulnerable residents are kept safe. Window restrictors should be regularly inspected and where defects or damage are noted, there should be a system in place for making sure that necessary action is taken".

Hillcrest House Ltd of Barbican Road, East Looe, pleaded guilty to an offence under Section 3 (1) of the Health and Safety at Work Act 1974

Balfour Beatty prosecuted for safety failings at Plymouth Life Centre

Construction giant Balfour Beatty has been fined for safety failings after an unsupported floor deck collapsed during work at the Plymouth Life Centre.

Two workers fell two-and-a-half metres in the incident on 8 July last year, although both escaped with only minor injuries.

Plymouth Magistrates' Court heard today (29 October) that the workers were pouring concrete onto a deck to form the floor of a weights area at the dry dive centre. However, no temporary support was used and the combined weight of the two men and concrete caused it to give way.

An investigation by the Health and Safety Executive (HSE) found that Balfour Beatty Construction Scottish and Southern Limited failed to ensure that sufficient steps were taken to protect workers during the construction work that led to the collapse.

The company did not follow its own temporary works procedure and should have checked that the deck was properly supported before allowing the work to commence.

Balfour Beatty Construction Scottish and Southern Ltd, of 24 Ravelston Terrace, Edinburgh pleaded guilty to a single breach of The Construction (Design and Management) Regulations 2007. The company was fined £2,000 and ordered to pay costs of £5,347.

Speaking after the hearing, HSE Principal Inspector Andrew Kingscott said:

"The two workers were fortunate not to have been seriously injured in this incident, which was entirely preventable had Balfour Beatty followed the proper temporary works procedure.

"The correct procedure would have highlighted the need to use a temporary support, such as stronger steel decking, propping or the construction of a temporary wall."

Firms sentenced after worker left with permanent injury

A building company and a decorating firm have been fined after a Birmingham worker suffered multiple injuries when he plummeted more than seven metres through a skylight.

The incident happened on 11 January 2012 when Philip Brown was painting the roof on an industrial unit at Torridge Close, Telford Way, Kettering. He stepped on to a fragile skylight which shattered and he fell through to the concrete floor below.

Mr Brown, 36, of Sheldon, broke several bones on the right hand side of his body, including his leg, hip, pelvis, wrist and elbow. He also sustained head injuries and lacerations to his face. The father-of-five was in hospital for three weeks where he underwent extensive reconstructive surgery. Although Mr Brown is now at home he is bed-bound while his leg is in traction.

The Health and Safety Executive (HSE) investigated the incident and prosecuted principal contractor JBN Builders Limited, and sub-contractors K.J. Smith & Sons Painters & Decorators Ltd, the painting and decorating firm who hired Mr Brown, for safety breaches.

Corby Magistrates were told today (31 October) that HSE found Birmingham-based K.J. Smith & Sons Painters & Decorators Ltd failed to properly assess the risks involved in doing the job. As a result it hadn't got a safe system of work in place. No safety nets, skylight covers or safety harnesses were in use to prevent a fall.

JBN Builders Limited, of Northamptonshire, made very little effort to ensure K.J. Smith & Sons Painters & Decorators Ltd were competent and monitor the work being undertaken. Both companies dangerously underestimated the risk of the fragile skylights in this instance.

K.J. Smith & Sons Painters & Decorators Limited, of Poundley Close, Castle Bromwich, Birmingham, pleaded guilty to breaching Regulations 4(1)(a) and 9(2)(b) of the Work at Height Regulations 2005 and was fined £4,500 and ordered to pay £1,932 costs.

JBN Builders Limited, of Hardlands Road, Duston, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc act 1974. The firm was fined £3,000 and ordered to pay £1,932 costs.
Mr Brown, who lives with his partner, Dee Johnston, and three of his five children, aged eight, five and four, said:

"This has turned my life upside down. All of a sudden everyday things that you take for granted can't be done any more.

"I didn't see my children for the three weeks I was in hospital because I didn't want them to see me in such a mess. When I came home I couldn't pick them up or cuddle them because of my injuries and I miss not being able to do things with them, like play outside. But they've been great - they help me by getting my breakfast in the morning and when I'm having a bad day they cheer me up.
"I would like to be able to go back to painting and decorating as it's all I've ever done since leaving school but at the moment I just don't know what the future holds. I still can't fully bend or extend my arm, and that's no good in my line of work.

"The doctors originally said it would be six to eight months before I was better but I'm still in traction ten months on. I've got an operation coming up to break my leg so they can extend the bone and I've been told it might be another 12 months before it heals to an extent that I can begin to get my life back."

After the hearing HSE inspector Sam Russell said:

"Work at height is a high risk activity and steps should have been taken to identify those risks and mitigate against them. K.J. Smith & Sons Painters & Decorators Limited failed in that most basic requirement.

"JBN Builders Limited, acting as principal contractor on the site, should have taken steps to ensure the company they employed was competent to undertake the work asked of them and had in place suitable control measures regarding the fragile skylights.

"As a result of failings by both firms, Mr Brown's life has changed irrevocably. He remains bedbound more than ten months after the incident and is unable to fully participate in family life with his partner and five children."

New figures published for workplace ill health and injury 

Figures published today show slight falls in a number of key areas of workplace ill-health and injury.
The provisional statistics published by the Health and Safety Executive (HSE) show that in Britain between April 2011 and March 2012:

• 22,433 major injuries such as amputations, fractures and burns, to employees were reported - a rate of 89.90 injuries per 100,000 workers - compared with 24,944 in 2010/11. The average for the past five years is 27,170
• 88,731 other injuries serious enough to keep people off work for four or more days were reported - a rate of 355.5 injuries per 100,000 employees - down from 91,742 the previous year. The average for the past five years is 103,627
• An estimated 1.1 million people said they were suffering from an illness caused or made worse by their work, down from 1.2 million in 2010/11. Of these, 452,000 were new illnesses occurring in-year. The average for the past five years was 1.25 million with an average 554,000 new cases each year
• 173 workers fatally injured - down from 175 the previous year. The average for the past five years was 196 worker deaths per year.

Chair of HSE, Judith Hackitt said:

"Any reduction in the number of people being injured or made unwell by their jobs should be welcomed. Given the challenging economic conditions which many sectors have faced in recent years it is particularly encouraging to see continued reductions in levels of injury and ill health.
" Britain has earned the reputation of being one of the safest places in Europe to work, but there is still plenty of room for improvement. We need to ensure that we all focus on managing the real risks which lead to serious workplace harm.

"HSE remains committed to helping employers understand what they need to do to ensure workers can go home from their jobs safe and well without creating unnecessary paperwork and bureaucracy."
There has also been little change in the industries in which workers are most likely to be injured or made unwell by their jobs - with construction (171.8 major injuries per 100,000 employees), agriculture (241.0 major injuries per 100,000 employees) and waste and recycling (397.6 major injuries per 100,000 employees) among the higher risk sectors.

The toll of injury and ill-health resulted in 27 million working days being lost, an average of 16.8 days per case, with 22.7 million days lost to ill-health and 4.3 million days lost to injuries. These figures are up slightly on 2010/11 when 26.4million working days were lost.

Workplace injuries and ill-health (excluding work related cancer) cost society an estimated £13.4billion in 2010/11