Workers exposed to asbestos at Redditch industrial unit

A Redditch freight firm, its managing director and a Birmingham contractor have been prosecuted for putting at least 20 people at risk of lung disease from asbestos fibres.

The Health and Safety Executive (HSE) prosecuted Avon Freight Group Ltd (AFG) and its managing director Simon Poole, together with builder Ronald McPhee, over the exposure during work to convert the unit in Hemming Road, Redditch, into a new storage centre and headquarters for AFG.

AFG's architect commissioned a survey that identified asbestos insulation board in a number of partition walls, which the company wanted to demolish, and obtained estimates for its removal from three licensed contractors.

However, Worcester Crown Court heard Simon Poole instructed builder Ronald MacPhee, who was carrying out minor refurbishment work on the premises, to carry out the work even though he did not have a licence.

Mr MacPhee and two other workers removed almost 1.5 tonnes of asbestos insulation board from the site and disposed of it as asbestos cement, which can be removed without a licence, some time between 24 April and 16 May 2008.

Five months later, two other companies, who had been commissioned to demolish parts of the building and build an extension, discovered pieces of asbestos insulation board on the floor and still attached to retaining screws on the walls and alerted HSE.

Analysis of the area revealed that it was contaminated with asbestos fibres and required decontamination by a specialist licensed asbestos contractor.

HSE's investigation into the incident found that at least 20 people - including contract workers on the project, employees of AFG and workers for a tenant who had been using the site for storage, could have inhaled asbestos fibres during the five months.

Speaking after the hearing, HSE inspector Tariq Khan said:

"As a result of the appalling failings of the company and two individuals concerned, at least 20 people now have to live with the knowledge they have been exposed to asbestos.  This type of exposure could cause life-threatening illnesses in years to come but because it takes so long to develop, these people will be left with years of uncertainty.

"AFG and Simon Poole knew that asbestos insulation board was present in the walls and presumably knew they should get an appropriately qualified person to dispose of it, having received estimates from three properly licensed contractors.  Regardless of safety, they instructed Ronald MacPhee to remove it.

"Mr MacPhee should never have carried out the work, and his partial removal of the asbestos insulation board left the site in an even less safe state than before, as it was contaminated with fibres.

"Only licensed contractors are allowed to remove asbestos insulating board. If we find evidence of anyone who does not have a licence working with asbestos, we will not hesitate to bring enforcement action.

"It is no excuse to claim ignorance of the law, especially as there is a wealth of advice and information available from HSE free of charge."

Avon Freight Group Ltd, of Hemming Road, Redditch, pleaded guilty today to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £30,000 and ordered to pay £26,147 costs.

Simon Poole, of Streetly Lane, Sutton Coldfield, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £30,000 and ordered to pay £26,147 costs.

Ronald MacPhee, of West Avenue, Handsworth Wood, Birmingham, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £2,500 and ordered to pay £500 costs.

Asbestos is the biggest cause of occupational deaths in the UK, with an estimated 4,000 people dying every year from related diseases such as mesothelioma and lung cancer

HSE clampdown to reduce death and injury on London construction sites

Construction sites in London are being put under the safety spotlight as part of an intensive inspection initiative aimed at reducing death, injury and ill health.

Between 20 February and 16 March, inspectors from the Health and Safety Executive are visiting sites in London where refurbishment or repair works are being carried out.  This is part of a national month-long drive to improve standards in one of Britain’s most dangerous industries.

Their primary focus will be high-risk activity such as working at height and also ‘good order’ such as ensuring sites are clean and tidy with clear access routes.

The purpose of the initiative is to remind those working in construction that poor standards are unacceptable, and could result in enforcement action.

During 2010/11, eight workers were killed and more than 440 others were seriously injured while working in construction across London.

Norman Macritchie, HSE’s a principal inspector in HSE’s Southern Region Construction Division, said:

"The refurbishment sector continues to be the most risky for construction workers, all too often straightforward practical precautions are not considered and workers are put at risk. In many cases simple changes to working practices can make all the difference.

"Poor management of risks in this industry is unacceptable. As we have demonstrated in the past, we will take strong action if we find evidence that workers are being unnecessarily put at risk".

Vehicle repair firm in court over Manchester roof death

A vehicle repair firm has been sentenced over the death of a man who fell through a fragile garage roof in Manchester.
 
Mohammed Hashim, 76, was helping to fix a new advertising sign to the roof of GB Autos on the Longsight Industrial Estate on Newton Avenue when he fell through a skylight. He did not regain consciousness and died two weeks later in hospital.

Quality Exhaust Supplies and Fitting Service Ltd, which owns the garage, was prosecuted by the Health and Safety Executive (HSE) for failing to ensure Mr Hashim's safety.

Manchester Crown Court heard the owner of the company had asked him to climb onto the sloping roof to help fix the sign in place on 8 February 2009. Once the work was finished, Mr Hashim made his way back across the roof to the ladder when the skylight gave way.

The 76-year-old from Cheetham Hill fell four metres and landed on the concrete floor in the MOT bay below. He was treated at the scene but died from his injuries on 22 February 2009.

The HSE investigation found Mr Hashim had been warned about the fragile roof by the owner of the company and no action was taken to keep him safe by preventing him accessing the area.

Quality Exhaust Supplies and Fitting Service Ltd pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £15,000 and ordered to pay £3,000 in prosecution costs on 16 February 2012.

Speaking after the hearing, Matt Greenly, the investigating inspector at HSE, said:

"It's almost unbelievable that Mohammed Hashim was asked to climb onto the roof when the owner of Quality Exhaust knew it wasn't safe.

"It simply isn't good enough to warn someone about a danger if no action is taken to prevent it. The company should have found another way of installing the sign without putting lives at risk.

"Instead, Mr Hashim has sadly lost his life because not enough thought was given to his safety while he was working for the company."

Workers seriously injured after eight metre fall

Two workers fell eight metres from a temporary structure that collapsed while they were upon it, Cheltenham Magistrates Court heard.

Spencer Gosney from Yeovil, and Matthew Brewer from Nottingham, had been sub-contracted to build a concrete core as part of a new factory building at GlaxoSmithKline's premises in Coleford, Forest of Dean. Chalcroft Ltd was the principal contractor on site.

On 12 August 2009, the two men were building the core using a large piece of climbing form work, a type of frame used to set the concrete in place. As the tower got higher, the form work was lifted up and fixed in place enabling the men to work at the top to set more concrete.

However, one of the anchor points holding the section of form work where the men were standing came out of alignment before the concrete was poured in. The men used a bolt not suited for this use in its place, but fixed it at an acute angle. The bolt was unable to withstand the weight of the concrete and broke, tipping the platform upon which the men were standing, sending them falling to the ground.

Mr Gosney suffered a laceration to his head and severe bruising to his internal organs and leg. Mr Brewer fractured his hip and pelvis. Mr Brewer's injuries were so severe that he has still not returned to work.

Sue Adsett, the HSE inspector who investigated the incident said:

"Work at height is inherently dangerous and if not managed properly can result in serious injury or even death. It is vital all work is properly planned and checked in order to prevent or reduce the impact of falls. Safety-critical parts of temporary work equipment should be checked before use.

"This incident occurred because neither of these things was done. Crucially, Chalcroft Ltd had no formal procedures in place to make safety-critical checks. These checks would have revealed that the working platform was not secure, and this failing has caused serious injury to two men."

Chalcroft Ltd, of Keytec 7 Business Park, Pershore, Worcestershire, admitted breaching Construction (Design and Management) Regulations 2007 Reg 22 (1)(a) and was fined £14,000 with £23,236.28 in costs

London construction company fined after worker badly injured

 

A construction company in Harrow has been fined after a worker suffered life-changing injuries when he fell seven metres from an unguarded roof.

The Health and Safety Executive (HSE) prosecuted R & G Construction Ltd of Harrow as a result of the incident on 7 March 2011.

Vasile Ionel Vatca, a 28-year-old Romanian, had been working on a major refurbishment project at Eaton Mews North in Belgravia. The project included the construction of a basement, and a roof replacement. Mr Vatca was on top of the roof and had been clearing up debris left over from construction work which had been carried out on the roof.

HSE's investigation found that work on the roof had been carried out by employees and subcontractors who had previously been protected from falling off the roof by scaffolding, but this had been removed the previous month. Although the site's fall safety equipment was used after the 7 March incident, it was deemed to be entirely inadequate, and workers remained at risk of falling from height.

Westminster Magistrates' Court heard that on the day of the incident, Mr Vatca was on the top of the roof, and the only way to get there was using a ladder which only reached to the lower part of the roof. While he was climbing down, the ladder fell away from the building, Mr Vatca lost his footing and fell about seven metres, suffering a broken leg, heel and wrist. He was hospitalised for a week and is still not working. When sentencing, the judge commented on the severity of Mr Vatca's injuries and the fact that he is now registered disabled.

After the hearing, HSE inspector Andrew Verrall-Withers said:

"This was an appalling and entirely preventable incident which has severely affected a young man's life.

"Companies have a duty to take steps to reduce risks and prevent falls using equipment such as guardrails and working platforms, or even nets and airbags if needs be.

"If the company had properly planned and organised the work and sufficiently assessed the risks of working at height, along with the use of appropriate work equipment - the likelihood of this happening would have been much reduced."

R & G Construction Ltd of College Road in Harrow pleaded guilty to breaching Regulation 4(1)(a), Regulation 5 and Regulation 6(3) of the Work at Height Regulations 2005. The company was fined £30,000 and ordered to pay full costs of £7,515

Company failed to act on findings of risk assessment

A machine operator was speared by two steel bars when he went inside an inadequately guarded machine to make alterations to the production line.

Pontypridd Magistrates’ Court heard that the incident took place at Allevard Springs Ltd’s factory in Clydach Vale on 28 January 2011. Steven Rowe, 49, was operating a bar drawing-line machine, which is used to prepare steel bars for processing into springs that are used in the automotive industry.

Mr Rowe noticed that when the bars were exiting the machine they were falling short of hitting a sensor, which meant they were not properly aligned when they travelled on to a conveyor. This could have resulted in the bars jamming, so Mr Rowe entered the machine enclosure, via a sliding door, to adjust an air-pressure regulator on the pinch rollers to correct the alignment of the bars.

When he was inside the machine, he leant over the path of the moving bars, which measured 10.5mm in diameter, to access the regulator. As he moved his right arm, it slipped into a gap and two of the bars went through his arm. He then used his free hand to deflect a number of other bars until a colleague managed to shut down the machine.

The emergency services had to cut him free and he was then taken to hospital. He suffered a broken right arm and needed to have multiple skin-graft operations, as well as 14 stitches in his left arm. He is still off work owing to his injuries and is still receiving ongoing outpatient treatment.

The HSE’s investigation found that the company had carried out a full risk assessment, which identified the risk that workers could access moving parts of the machine. The company failed, however, to take any steps to address the danger.

HSE inspector Hugh Emment said: “Serious incidents involving machinery which is not, or inadequately, guarded, are unfortunately, still a common event.

“Employers should ensure that machinery is suitably and sufficiently assessed. This includes taking into account relevant guidance and standards, so that all necessary guarding is in place and maintained in a good condition.”

Allevard Springs appeared in court on 3 February and pleaded guilty to breaching reg.12(1) of PUWER 1998, for failing to protect workers. It was fined £10,000 and ordered to pay £9786 in costs.

In mitigation, the company admitted it had failed to act on the issues highlighted by the risk assessment. It claimed that rather than ignoring these concerns, it had instead prioritised other safety issues and, as a result, hadn’t got round to addressing the risk before the incident took place. It immediately took the machine out of service and installed a new set of doors inside the enclosure, which has safety interlocks that isolate the machine when the doors open

Dover man fined after failing asbestos regulations

A Kent-based partner of a development company has been prosecuted after dangerous conditions were found at a demolition site in Dover.

The Health and Safety Executive (HSE) prosecuted Allan Smith for failing to undertake an asbestos assessment and for not securing a demolition site.

Canterbury Magistrates' Court heard on 19 April 2010 that the Royal Oak Public House, Sandwich Road, Whitfield, Dover, was purchased for development. Over the next six months, Mr Smith from ATS Developments acted as the principal contractor to demolish the building.

On 4 October 2010, HSE was contacted by a member of the public who complained that the site was insecure and children were playing on the building site. An HSE inspector visited on 7 October 2010 to find the pub partially demolished and the site unfenced, despite there being a public footpath running across the land.

The HSE investigation found that no asbestos survey had been carried out prior to demolition, which remained the case even after HSE sent a letter to the partners stating that a survey needed to be undertaken. An Improvement Notice was served on 8 October 2010 about site security.

After the hearing, HSE's Inspector Caroline Penwill said:

"Mr Smith did not think about the risks he may have exposed his workers and members of the public to by cutting corners.

"Before anyone undertakes any demolition works they must consider whether asbestos is present and take precautionary steps such as carrying out an asbestos survey.

"The site was also very unsecure and exposed local children to the hazards of a building site. What makes this case all the more disappointing is that Mr Smith continued to work after the HSE advised him to undertake an asbestos survey.

Allan Smith, from Bowling Green Lane, Deal, Kent, pleaded guilty to Regulation 5 of the Control of Asbestos Regulations 2006 and Regulation 27(2) of the Construction (Design and Management) Regulations 2007. He was fined£7,000 and ordered to pay costs of £7,000.

Man's fingertip sliced off at stoke factory

An air conditioning manufacturer has been fined after a man's fingertip was cut off by a circular saw at the company's factory in Stoke-on-Trent.

The Health and Safety Executive (HSE) prosecuted Eaton Williams Group Ltd - which trades under the name of Colman Moducel - following the incident at its premises at Oldfields Business Park, Birrell Street, Fenton.

Fenton Magistrates' Court heard how the 41-year-old employee, who has asked not to be named, was using the saw to trim metal parts for a louvred screen when he touched the blade, which cut off the tip of his right middle finger, on 16 February 2011. Although doctors managed to repair his finger and he has returned to work, he has been scarred.

HSE's investigation into the incident found that the system of work used to operate the saw was unsafe, the top guard was incorrectly positioned and basic protection devices such as jigs and push sticks were not being used.

Workers also had not received proper information, instructions, training or supervision in operating the saw, the court heard.

The investigation also revealed problems with the machine - an emergency stop control button on the machine did not work and ineffective braking meant the blade continued to spin after it should have stopped.

Eaton Williams Group Ltd, which has its registered office in Fircroft Way, Edenbridge, Kent, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £10,000 and ordered to pay £4,105 costs.

Speaking after the hearing, HSE inspector David Kivlin said:

"This incident would never have happened if Eaton Williams Group Ltd had taken the time to look at the risks involved in operating the circular saw.

"Although the company had completed a risk assessment, it did not cover all the operations being carried out by its employees. A simple assessment of these additional tasks would have identified the need to provide protection devices in addition to the top guard.

"Companies must also make sure that all safety features, especially emergency stops, work properly on these potentially dangerous machines.

"HSE provides free guidance on the operation of circular saws, which specifically covers the issues of guarding and additional protection devices, and explains the need to provide suitable training, instruction and supervision.

Unsecure working platform was not checked before use

A construction firm has admitted failing to carry out critical safety checks during the building of a new factory, where a temporary structure collapsed, injuring two workers.

Chalcroft Ltd was the principal contractor during the construction of the new building at GlaxoSmithKline’s premises in Coleford, Forest of Dean. On 12 August 2009, Spencer Gosney and Matthew Brewer were building a core using a large piece of climbing formwork, a frame used to set concrete.

One of the two anchor points holding the formwork platform in place came out of alignment when the concrete was poured. As a replacement, the men used an unsuitable bolt to attach the formwork to the anchor point. The bolt was unable to hold the weight of the concrete and broke, tipping the platform and causing the men to fall eight metres to the ground.

Mr Gosney suffered cuts to his head and severe bruising to his internal organs and leg. He was unable to return to work for nearly a year owing to his injuries. Mr Brewer fractured his hip and pelvis and has still not returned to work.

The HSE visited the site on the day of the incident and issued a Prohibition Notice, which required work to stop until a more thorough method statement was created. HSE inspector Sue Adsett explained that the incident could have been avoided if the company had put in place temporary work procedures. This requires the appointment of a project coordinator to ensure that safety critical checks were carried out.

Inspector Adsett said: “'Work at height is inherently dangerous and, if not managed properly, can result in serious injury, or even death. It’s vital all work is properly planned and checked in order to prevent or reduce the impact of falls. Safety-critical parts of temporary work equipment should be checked before use.

“This incident occurred because neither of these things was done. Crucially, Chalcroft Ltd had no formal procedures in place to make safety-critical checks. These checks would have revealed that the working platform was not secure, and this failing has caused serious injury to two men.”

Inspector Adsett told SHP that J&J Harkin Ltd was sub-contracted to manage the building of the core. The firm has admitted breaching reg.13 and reg.8 of the Construction (Design and Management) Regulations 2007, and will be sentenced on 5 March at Cheltenham Magistrates’ Court.

Chalcroft appeared at the same court on 6 February and pleaded guilty to breaching reg.22(1)(a) of the CDM Regulations 2007, for failing to properly plan the work. It was fined £14,000 and ordered to pay £23,236 in costs.

In mitigation, the company said the workers were experienced and it put a lot of trust in them to do the work safely. The method of work was changed just before the project started and the company failed to implement temporary work procedures. The work was subsequently completed safely after the company put the necessary measures in place.

In 2007, the firm was fined £200,000 for an incident in Nottingham where one of its workers suffered serious injuries when in a fall from a mezzanine floor, which had unsuitable edge protection

More senior managers prosecuted for health and safety failings

The number of directors and senior managers prosecuted under section 37 of the HSWA 1974 has rocketed by more than 400 per cent in the last five years, according to unofficial figures released by the HSE in response to a freedom of information (FoI) request.

In October last year, solicitor Lee Hughes asked the regulator a number of questions regarding prosecutions of individual directors over the last 12 years. The figures reported back to Mr Hughes show that 43 directors and/or senior managers and company secretaries were prosecuted under s37 of the HSWA in 2010/11* – the highest since 1999/2000. The total also represents a significant increase on the 12-year-period’s low of 10 prosecutions under s37 in 2005/06, and follows the period’s previous high of 36 – recorded in both 2008/09 and 2009/10.

The total number of individuals convicted under s37 in 2010/11 was 35 – a substantial increase on the five convictions secured in 2005/06.*

Interestingly, of the senior managers and directors prosecuted in 2010/11, seven faced charges as a result of an investigation that followed a fatal incident; 15 were prosecuted for offences that resulted from an investigation where there had not been a fatal incident; and 21 resulted from an investigation where no incident of any nature had occurred.

Following conviction, three directors were disqualified for periods of between four and five years under the Company Directors Disqualification Act 1986. Data in relation to this matter were not available prior to 2008/09, a year in which three directors were also disqualified. None was disqualified in 2009/10.

Disqualification is not confined to s37 breaches; other reasons could include breaches of sections 3(2), 7, 8 and 36 of the 1974 Act, as well as contravention of Improvement or Prohibition Notices. Nevertheless, a general lack of awareness among HSE operations directors and their local-authority counterparts of the 1986 Act provisions was highlighted in an influential research report prepared for the HSE in 2007 by academics at the University of Warwick.

The research, which looked at the period between the 1986 Act coming into force and 2005, concluded that just 10 directors had been disqualified for health and safety reasons over this timespan – a figure dwarfed by the 1500, or so, directors disqualified for insolvency, or other financial reasons over the same period.

In September last year, the Lib Dems put forward a policy paper at their party conference, advocating that the power to disqualify an individual from being a company director should be extended to serious failure to protect employees’ well-being.

Moreover, despite calls for the Institute of Directors/HSE code of practice on directors’ duties to be made statutory, it remains voluntary.

Bill aims to stop firms escaping justice after worker fatalities

The case of a worker who was fatally crushed on a construction site is the inspiration behind a new Bill aimed at preventing companies going into administration to escape punishment following a death or serious injury.

Labour MP Luciana Berger has tabled a Ten-minute Rule Bill to give health and safety inspectors the power to apply for a court order to freeze the assets, or parts thereof, of a company under investigation following a death or serious injury at work. The Bill has been prompted, in part, by the death of a member of Ms Berger’s Liverpool Wavertree constituency nearly five years ago.

Richard Mark Thornton died on 29 March 2007 when he was struck by a six-tonne steel column, which was being moved by a poorly-maintained 50-tonne crane, during the construction of a new floor on a warehouse at Wavertree Business Park.

The crane-hire firm, Bryn Thomas Crane Hire Ltd, went into administration in December 2010, a few months prior to the case going to court. The firm pleaded guilty to health and safety failings, which contributed to Mr Thornton’s death, but was fined just £4500 with no costs, owing to its financial status. However, according to construction firm UCATT, which is supporting Ms Berger’s Bill, the judge remarked that an appropriate fine would have been £300,000 if the company had not been in administration.

After entering administration, the company was sold to Bryn Thomas Cranes Ltd and Bryn Thomas Holdings Ltd, which resumed trading using the same equipment.

The Bill, which will be heard in the House of Commons on 8 February, seeks an end to the practice of companies – known as phoenix firms – opting for administration to avoid prosecution, or heavy fines, before starting up again as a similar business.

Commenting on her Bill, Ms Berger MP said: “Companies whose actions result in the death of a worker must be forced to take responsibility. If passed, my Bill will ensure that companies can’t become phoenix firms to escape justice.”

Steve Murphy, general secretary of UCATT, said: “Every workplace death is a tragedy, leaving a family devastated. It is simply appalling that companies can cheat justice following the death of a worker by using creative accountancy and get away completely scot free.”

The Bill also builds on an Early Day Motion (EDM), introduced in May last year by Labour MP for Liverpool Walton, Steve Rotheram. The EDM called on the Government to introduce stronger legislation to prevent companies that “continue to avoid prosecutions and have fines reduced for committing health and safety offences [from] going into administration and then re-establishing their business using a slightly different name with the same premises and the same equipment.”

Firm fined £40,000 over crane accident

A Bury company has been fined £40,000 after a HGV driver was left unable to walk when he was crushed by metal tubes falling off a crane.

David Collins, 31, from Manchester, suffered severe injuries in the accident while working for Spectra Scaffolding in November 2008.

The Health and Safety Executive (HSE) found the Bury firm, which pleaded guilty, failed to maintain the crane.

Stoke-on-Trent Crown Court also heard it failed to train Mr Collins properly.

Mr Collins was working for Spectra Scaffolding refurbishing a shop at Festival Park in Hanley, Stoke-on-Trent, when the accident happened.

Faulty safety catch

The court heard how Mr Collins was unloading 21ft-long scaffolding tubes from a truck using a vehicle-mounted crane.

As he stood under the load operating the crane controls, one of the lifting slings detached from the crane hook, causing scaffolding tubes weighing nearly 1.5 tonnes to fall on him.

The court was told the tubes had fallen because a safety catch on the crane was faulty.

The company had known about this, the court heard, but no action was taken to replace the catch and Mr Collins had not been trained to realise its importance.

As well as the £40,000 fine, the company was ordered to pay £45,000 in prosecution costs