Grimsby firm fined after worker's warehouse death

A Grimsby haulage company has been sentenced for safety failings after a worker was killed when a row of steel coils 'collapsed like dominos' trapping him under their five-tonne weight.

The banded steel coils after their collapse in ABC's former warehouse in Immingham Docks.

The Health and Safety Executive (HSE) prosecuted ABC (Grimsby) Ltd after Alan Burr, a warehouseman and forklift truck driver, was fatally crushed when he tried to repair some torn packaging on a roll of coil at the firm's warehouse in Henderson Quay, Immingham Docks, on 27 January 2010.

Grimsby Crown Court heard that Mr Burr, a long-serving employee at the company, had been stacking the narrow banded coils on rolls in batches of four or five, with a gap between each coil. Each coil measured five feet in diameter and weighed around one tonne.

As he was standing between two of the rolls to repair the damaged wrapping, one of them toppled, causing a domino effect to the stack. The 52-year-old, from East Halton, Immingham, was trapped under the weight and was pronounced dead at the scene.

The investigation found that the method used by Mr Burr to store the coils was a common one and others had stored them in a similar way. No one from the company had instructed the employees not to do this.

HSE inspector Denise Fotheringham said:

"This was a shocking tragedy and has been devastating for Mr Burr's wife and family. Mr Burr had worked for ABC for more than 20 years; he was simply trying to do a good job and repair a tear in the polythene wrapping but it had these dreadful consequences.

"Narrow banded coils can be unstable when stored on roll end as they can collapse in a domino effect and that, very sadly, is exactly what happened. ABC had been storing this type of steel coil since April 2009 but had given no training to employees about how to handle and store them safely.

"This loss of life could have been avoided if sufficient instruction, training and the provision of inexpensive coil racks - which work on the same simple principle as a toast rack - had been provided by the company."

Mr Burr's wife of 24 years, Mandy, described her loss in a victim statement to the court. She said:

"Losing Alan was one of the worst days I can ever remember. To have someone knock on your door and tell you that the man you love with all your heart will not be coming home again, and then watch your daughter collapse on the floor as she heard the news, is a feeling very hard to describe. I wouldn't wish it on anyone, it's like having your heart squeezed so tightly, you cannot breathe properly.

"Alan and I had planned to grow old together and always be there for each other, but that was taken away in a split second."

ABC (Grimsby) Ltd of Lancaster Approach, North Killingholme, Immingham, pleaded guilty to two charges of breaching the Health and Safety at Work etc Act 1974. The company was fined a total of £25,000 and ordered to pay £20,000 costs

Employer fined after electrician injures back in fall

An apprentice electrician sustained serious back injuries after falling through a ceiling while working in the loft space of a Swindon youth centre.

The hole caused by Mr O'Connor's fall

Richard O'Connor's employer Roberts and Prowse (Swindon) Ltd failed to carry out a specific risk assessment for the work, and failed to ensure adequate measures were put in place to reduce the risk of a fall.

The electrical and mechanical contractors appeared before Swindon Magistrates today (14 May) in a prosecution by the Health and Safety Executive (HSE).

The court heard that Mr O'Connor, from Nythe, was 18-years-old at the time of the incident on 3 February 2010. He was undertaking electrical installation work at The Platform Youth Centre, on Farringdon Road, when he stumbled from a narrow timber walkway and fell onto an exposed plasterboard ceiling that gave way under his weight.

He managed to grab hold of a timber joist, but after a few seconds this also gave way and he fell five-and-a-half metres onto the floor below.

The apprentice sustained three fractures to his vertebrae as well as cuts and bruising. His injuries meant he was unable to work for two months.

Speaking after the hearing, HSE Inspector Damien Milbourne, said:

"Richard sustained serious injuries in the fall, but he could easily have been killed as a result of his employer's negligence.

"There was a failure by Roberts and Prowse to make a specific risk assessment for the work in the loft of the building. They also failed to ensure measures were put in place that would have prevented employees falling through the ceiling where they were working. Richard and others were left to work on and near exposed joists without suitable platforms or coverings or guardrails.

"Working at height presents clear risks, as the company should be only too aware, and it could and should have done more to protect its workforce."

Roberts and Prouse (Swindon) Ltd, of Barnfield Crescent, Exeter pleaded guilty to a breach of Section 2(1) of the Health and Safety at Work Act 1974 in relation to the fall.  The company was fined £5,000 and ordered to pay £5,156 in costs.

Construction firm fined over worker's fall injuries

A construction firm has been sentenced for safety failings after a roofer was badly injured in a fall from scaffolding at a house in Trafford.

Stephen Cartwright fell approximately three metres from the scaffolding, which had no safety rail, at a detached property on Carrwood, in Hale Barns, on 31 May 2011.

The 44-year-old, from Blacon near Chester, landed on a flat garage roof and sustained serious injuries to his right leg, including a dislocated knee and broken bones.

The building site where the accident happened

The Health and Safety Executive investigated the incident and immediately served six enforcement notices on his employer New Generation (Manchester) Ltd, stopping some work activities at the site and requiring improvements to be made.

Trafford Magistrates Court was told today (11 May) the scaffolding was in a poor condition and there were unprotected gaps in the floors and walls, all of which could have led to someone being injured in a fall.

New Generation (Manchester) Ltd was prosecuted for three braches of the Construction (Design and Management) Regulations 2007 by HSE for failing to properly plan and manage the work, for failing to provide a safe place to work, and for failing to ensure the site was in a good state.

The company, of Sackville Street in Manchester pleaded guilty all three offences. It was fined £3,900 and ordered to pay £4,000 in prosecution costs on Friday 11 May.

After the hearing, HSE Inspector Ian Betley said:

"The state of the Carrwood site was an absolute disgrace when we visited it, and we immediately issued six enforcement notices to ensure the safety of the people working there.

"New Generation failed to plan the work properly or to manage it effectively. As a result, Stephen Cartwright suffered major injury and other lives were put in danger.

"Health and safety laws exist for a reason, and if this company had taken notice of them then Mr Cartwright's fall could have been avoided."

Aberdeenshire roofing boss fined after worker

An Aberdeenshire roofing boss has been fined after one of his workers was seriously injured when he fell five metres from the edge of a flat roof.

Alister McNeilly, 26, worked for Brian George Mackie, who traded as Donside Slating which specialises in roofing work.

Aberdeen Sheriff Court heard that on 10 November 2010, Mr McNeilly was working with a colleague to fix lead onto the flat roof area of a house in Strathdon.

Mr McNeilly was throwing lead cut-offs onto the ground while standing on the flat roof when he either slipped or inadvertently stepped off the edge. He lost his balance and fell five metres to the ground, landing on his right side near a skip.

His right hip ball joint was severed from his thigh bone and a metal plate and four pins had to be inserted. He was in hospital for four days and was off work for 16 weeks. He has largely made a full recovery but still experiences pain in his hip.

Following the incident, an investigation by the Health and Safety Executive (HSE) found that no scaffold platform with guard-rails and toe-boards or any other form of fall prevention equipment were in place to prevent falls either from the edges of the flat roof or at the edge of the lower porch roof.

The investigation also revealed that Mr Mackie had not been to the site that morning or in the three or four days prior to the incident and had not given any specific instructions about how to do the work.

At Aberdeen Sheriff Court today, Brian George Mackie, 43, of Auld Kirk, Rough Park, Strathdon, was fined £15,000 after pleading guilty to breaching Regulation 4 of The Work at Height Regulations 2005.

After sentencing, HSE inspector Liz Standen said:

"Mr McNeilly was very lucky to survive a five metre fall. He suffered serious injuries because his employer did not ensure that the flat roof area was safe to use, with the necessary fall prevention equipment in place, before work started and he did not given any specific instructions about how to carry out the work safely.

"This incident was completely avoidable if Mr Mackie had planned the work in advance and simple measures such as suitable barriers had been in place."

Receptionist's roof fall puts dental firm in court

The operator of a Sheffield dental practice has been fined for safety failings after a receptionist fell more than three metres through a roof light while spending her lunch break on the flat roof of the surgery.

The woman, then 40, went on to the roof of a single-storey extension at the Firvale Dental Practice, operated by Integrated Dental Holdings, with a colleague at lunchtime.

During a two-week trial, Sheffield Crown Court heard the woman sat on the domed roof light, not realising how fragile it was. The plastic of the roof light gave way and she fell to the floor injuring her back, shoulder, knee and neck and was hospitalised. The jury heard that at least five other workers had used the roof, and were at risk of falling from the roof edge or through the roof lights.

The prosecution against Integrated Dental Holdings Ltd, of Bolton, Lancashire, was brought after a detailed investigation into the incident, on 25 March 2009, by the Health and Safety Executive (HSE).

The court heard the flat roof of the surgery, based in Blyde Road, was easily reached using a door on the first floor of the main building. Although the door was locked, the key was left hanging nearby.

Some four years earlier, in a risk assessment by its own health and safety consultant, the practice had been warned the roof lights were fragile and that no protection was in place to prevent falls from the open roof edges. The owner had also failed to act on advice to remove the keys to the roof access door and to post 'no entry' signs.

Integrated Dental Holdings of Sunset Business Park in Kearsley, Bolton, a leading dental group in the UK, was found guilty of breaching the Health and Safety at Work etc Act 1974 and was fined £18,500 with costs of £71,632.79.

HSE Inspector Mark Welsh said after the hearing:

"Falls from height are the commonest cause of fatal injuries in the workplace and are also responsible for a large percentage of the most serious occupational injuries.

"While many falls take place in manufacturing and construction, the risks can be present in the most unlikely work environments and employers should assess the risks and then take the steps necessary to implement the controls needed to safeguard their employees.

"You don't have to fall from a great height to lose your life. It's wrong that workers like the one in this case suffer serious preventable injuries because simple steps have not been taken to manage obvious workplace risks."

Recycling firm fined after worker crushed to death

An Ystrad Mynach recycling firm has been prosecuted by the Health and Safety Executive (HSE) after a yard foreman was crushed to death.

56 year-old Norman Mayne from Newport died after he became trapped between a container and a skip at Amber Services Ltd's recycling yard at Dyffryn Business Park on 25 June 2008.

Cardiff Crown Court heard that Mr Mayne was carrying out one of his regular duties of locating suitable skips, when he became trapped between a stationary skip and a container that a colleague was loading onto a vehicle that had been reversed in to the yard.

An investigation by the HSE found that the company had failed to ensure the safety of its employees  because an effective system to  permit the safe movement of pedestrians and vehicles was not in place.

HSE inspector Clare Owen said:

"The death of Mr Mayne could have been prevented if a few simple measures had been put in place.

"There was no effective system for managing vehicle and pedestrian movements on site, and skip storage was disorganised. If a clearly defined system to control vehicles was in place and the site was kept in an orderly condition, the likelihood of such an incident occurring would be dramatically reduced. It is particularly important, wherever a driver has no view of his 'blind spot' during reversing and loading and unloading operations, that the activity is managed and controlled."

Amber Engineering Limited (trading as Amber Services), of the Recycling Centre Dyffryn Business Park, Ystrad Mynach, Hengoed, pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc Act 1974

Fines for 'unsafe' Croydon construction company

A Croydon-based construction company has been fined for continuing unsafe working practices at a site in Lewisham despite repeated warnings.

Unsafe working practices at the Anza Ltd site

Anza Ltd was prosecuted by the Health and Safety Executive (HSE) after inspectors found serious safety issues during two visits to a construction site on Honor Oak Road, Forest Hill in 2009.

Westminster Magistrates Court heard yesterday (16 May) that the firm received advice from HSE and was served with a Prohibition Notice about managing the risk of falls on 18 May 2009. Anza Ltd was also issued with an Improvement Notice on 27 May 2009 requiring welfare facilities to be provided on the site.

The site was visited again on 1 July 2009 by HSE Inspectors, who found that there were insufficient measures in place to prevent workers who were using stairs to access the lower level of the site from falls. A second Prohibition Notice was served for fall prevention.

The HSE investigation found that the advice given to Anza Ltd regarding its duty of care to site workers had also been ignored, and they had failed to comply with the requirements of the Improvement Notice served on the 27 May 2009.

After the hearing, HSE Inspector Abosede Ogunsekan said:

"This company had ignored previous warnings and enforcement notices from HSE, and continued to neglect their duty of care to their workers.

"Falls from height are the greatest cause of major injury and fatalities in the construction industry; and if companies do not take steps to prevent these, then HSE will be robust in its response.

"Even though there were no injuries in this instance, serious safety breaches were continued by this construction company which could have resulted in serious injuries".

Anza Ltd, of Wydehurst Road, Croydon, was found guilty in absentia of single breaches of the Health and Safety at Work etc Act 1974, the Work at Height Regulations 2005 and the Construction (Design and Management) Regulations 2007 for its failings - three breaches in total. The company, now in liquidation, was fined £15,000 and ordered to pay full costs of £6,752

Norfolk gas installer may face prison after gas explosion

A Norwich gas installer has received an eight-month suspended prison sentence and 250 hours of unpaid community service after his inadequate work on domestic gas appliances put the lives of a mother and daughter at risk in their own home.

James Hampson, 34, of Knowland Grove, Norwich, installed a new gas boiler and associated pipework at Lynne Brown's home on Chapel Road in Wrentham, Suffolk, on 22 December 2010. On the morning of 24 December, Mrs Brown switched on an electric kettle in her kitchen and her home exploded, causing extensive burns to her and her daughter Lucy Green.

Mrs Brown's home after the explosion

A Health and Safety Executive (HSE) investigation found that the joint between the emergency control valve on the boiler and the flexible pipe upstream of the meter was not tightened properly and as a result was leaking gas. The gas meter, as well as the pipework leading from it, was also inadequately secured.

The gas leaked throughout the house and was ignited when Mrs Brown switched on the kettle. As well as causing severe injuries to her and her daughter, the resulting fire and explosion caused major structural damage to their home.

Ipswich Crown Court was told today that Mr Hampson had failed to ensure that the work he had carried out on the property was properly completed, therefore putting lives at risk.

Mrs Brown said: "The accident has had a devastating effect on our lives in so many ways but we are trying to remain positive about the future."

After the hearing, HSE Inspector Malcolm Crowther said:

"Working with gas appliances is specialised and potentially very dangerous. In this case, Mr Hampson's unsafe work cost a mother and daughter their health and their home. It could have cost them their lives.

"Mr Hampson was qualified to do the work but on this occasion he failed to ensure that all gas connections were sufficiently tight, which was a serious mistake.

"HSE will not hesitate to prosecute those who put lives at risk in this way."

Mr Hampson, who was self-employed and trading as Ryan Services at the time, admitted breaching Regulations 6(1) and 7(1) of the Gas Safety (Installation & Use) Regulations 1998 and was ordered to pay £10,000 costs in addition to his suspended prison sentence and hours of unpaid community service. His suspended prison sentence will remain active for two years

Dumper truck breaks worker's foot

A Northamptonshire construction company has been fined after a six-tonne dumper truck ran over a worker's foot.

Self-employed ground worker Ross Smith, 23, from March in Cambridgeshire, was helping to build a roadway at a construction site on Wolsey Way, Lincoln, on 11 March 2011 when the incident happened.

During the Health and Safety Executive (HSE) prosecution of principal contractor Maypine Construction Ltd, Lincoln Magistrates' Court heard that Mr Smith and a second worker were filling the roadway with stone, in preparation for surfacing.

The stone was loaded on to the dumper truck at the top of the site which was then driven to an area being filled and compacted by Mr Smith, who was operating a compacting machine.

Mr Smith saw the front-loaded truck approaching the work area and began to move his machine away, but the court was told the dumper truck driver was concentrating on avoiding other obstacles and collided with Mr Smith, driving over his foot.

Mr Smith suffered four broken bones in his right foot.

The HSE investigation found Maypine Construction Ltd had failed to provide a suitable traffic route around the site, failed to manage and monitor construction activity and failed to carry out a suitable risk assessment.

The company, of Enterprise Road, Raunds, Northamptonshire, pleaded guilty to breaching Regulation 22(1)(a) of the Construction (Design and Management) Regulations 2007, and Regulation 3(1)(b) of the Management of Health and Safety at Work Regulations 1999.

Today the firm was fined £10,000 and ordered to pay £5,749 costs.

After the hearing HSE inspector Martin Waring said:

"By law, employers and duty holders must know what hazards and risks are in their workplaces and take steps to eliminate or reduce these risks.

"Many construction transport incidents are usually the result of inadequate separation of pedestrians and vehicles, and by inadequate control of vehicle movements on site.

"Vehicles at work continue to be a major cause of fatal and major injuries and as such need to be carefully managed to avoid injuries such as this."

Leicestershire firms fined after death of worker

Two Leicestershire companies have been fined after a worker was killed when a lorry overturned onto his vehicle.

Richard Kenny, 48, from Earl Shilton, was killed instantly as the mini digger he was driving was crushed when a tipper lorry suddenly overturned on uneven ground while delivering around 20 tonnes of aggregate to a construction site.

The incident happened on 3 October 2006 during the construction of the Waltham Centre for Pet Nutrition, Freeby Lane, Melton Mowbray. J H Hallam (Contracts) Ltd and J & H Construction Ltd were prosecuted by the Health and Safety Executive (HSE) for failing to ensure the safety of Mr Kenny and for failing to properly plan, organise or control the tipping of bulk materials at the site.

Mr Kenny was employed by J&H Construction Ltd who had been subcontracted by principal contractor J H Hallam (Contracts) Ltd to do the groundworks at the site.

Leicester Crown Court heard the workplace transport risk assessment failed to properly consider tipping operations and the specific risks of vehicles overturning. The tipping area had not been adequately assessed as being safe for tipping operations, was not sufficiently level and had been poorly prepared.

HSE discovered deliveries of bulk materials were made without adequate supervision, a banksman or an exclusion zone around the vehicle during tipping and in addition, pedestrians were not kept away from vehicles, particularly during tipping.

J H Hallam (Contracts) Ltd, of Leicester Road, Oadby, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. J & H Construction, of De La Bere Crescent, Burbage, Hinckley, pleaded guilty to breaching Section 2(1) of the same Act.

J H Hallam (Contracts) Ltd was fined £80,000 and ordered to pay £20,000 costs. J & H Construction Ltd was fined £50,000 and ordered to pay £20,000 costs.

HSE inspector Frances Bailey said:

"Workplace transport should be managed on any site. This death could have been prevented if deliveries had been properly planned. It is well known that tipper lorries can overturn, especially on sloping or uneven ground and it is vital that people are kept a safe distance.

"In this case the principal contractor and the subcontractor failed to recognise the potential risk and regularly allowed lorries to tip without the aid of a banksman close to the site compound and visitor car park. J H Hallam (Contracts) Ltd should have been aware of the potential risk as it was involved in a previous incident where a skip lorry overturned on uneven ground.

"This has been a long and complex investigation, however the result will hopefully serve as a warning to others to review their arrangements for deliveries and avoid similar tragic incidents in future."

Why manage asbestos?

Breathing in air containing asbestos fibres can lead to asbestos-related diseases, mainly cancers of the lungs and chest lining. Asbestos is only a risk to health if asbestos fibres are released into the air and breathed in. Past exposure to asbestos currently kills around 4500 people a year in Great Britain. Workers who carry out building maintenance and repair are particularly at risk.

There is usually a long delay between first exposure to asbestos and the onset of disease. This can vary from 15 to 60 years. Only by preventing or minimising these exposures now can asbestos-related disease eventually be reduced.

It is now illegal to use asbestos in the construction or refurbishment of any premises, but many thousands of tonnes of it were used in the past and much of it is still in place. There are three main types of asbestos that can still be found in premises, commonly called ‘blue asbestos’ (crocidolite), ‘brown asbestos’ (amosite) and ‘white asbestos’ (chrysotile). All of them are dangerous carcinogens, but blue and brown asbestos are more hazardous than white. Despite their names, you cannot identify them just by their colour.

Any buildings built or refurbished before the year 2000 may contain asbestos. As long as the asbestos-containing material (ACM) is in good condition, and is not being or going to be disturbed or damaged, there is negligible risk. But if it is disturbed or damaged, it can become a danger to health, because people may breathe in any asbestos fibres released into the air.

Company fined after worker's finger severed by saw

A Stoke-on-Trent timber company has been fined after an employee lost his finger while operating a circular saw.

The 42-year-old worker from Stoke on Trent, who has asked not to be named, severed his finger while using a circular bench saw at Scott Timber Limited on 12 January 2011.

A Health and Safety Executive (HSE) investigation found that the top guard on the saw had not been adjusted correctly, the required 'push stick' protection device was not attached to the machinery, and the employee had not been given sufficient training to operate the saw.

Stafford Magistrates' Court yesterday (Wednesday, 9 May) heard that the victim was off work for several months as a result of the incident, and his day to day life has also been adversely affected.

Scott Timber Limited of Oldfields Business Park, Birrell Street, Stoke on Trent, pleaded guilty to breaching section Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 (PUWER).

The company was fined £5,000 by the court, and ordered to pay full costs of £2,309.

HSE inspector Katharine Walker said:

"This incident was wholly preventable. If the company had put the appropriate precautionary measures - including a correctly adjusted guard and a push stick - in place, it simply would not have happened.

"Circular saws are in widespread use across the woodworking industry, and have a relatively high incident level. The majority of circular saw bench incidents result in fingers being severed, or requiring amputation, and in most cases occur when the saw guard was either missing or not properly adjusted.

"The requirements for guarding, protective devices and machine operator training are set out in the PUWER Approved Code of Practice (ACOP), which explains to the employer what he needs to do on a practical level to comply with the law. This publication is well known in the industry and is free to download from the HSE's website. Any companies working with these types of machinery should make sure that they are familiar with it."

Yeovil construction company prosecuted after worker hit by fork lift truck

A Yeovil construction company has been fined after a subcontracted worker suffered serious injuries when he was struck by a fork lift truck.

Experienced ground worker Paul Daniels, 50, suffered shattered bones and almost lost his foot in the incident on 10 September 2010. His employer CJL Construction Ltd had been subcontracted by Brookvale Homes SW (Ltd) to install external drainage to a row of newly built terrace properties at Bartlett Elms in Langport, Somerset.

Yeovil Magistrates Court heard today (3 May) that Mr Daniels was inspecting the fall of external drain pipes adjacent to a main haul road opposite the site offices.

He was hit in the chest and knocked down by the front right stabiliser of a fork lift truck that drove towards him. The wheel ran over his lower right leg, crushing his bones and partially amputating his foot.

An investigation by the Health and Safety Executive (HSE) found that Brookvale Homes (SW) Ltd had failed to manage the safe movement of pedestrians and vehicles around the construction site because there were no designated walkways, pavements or restricted vehicle only areas.

The location of storage areas and skips meant there was a significant amount of vehicle traffic across and around one of the main pedestrian thoroughfares. On the day of the incident, there was an obstruction that significantly narrowed the width of the carriageway and the space available to the forklift driver.

Speaking after the prosecution, HSE inspector Annette Walker said:

"This was a very serious and preventable incident. Luckily an extensive operation saved Mr Daniels' foot. However, this was now over a year ago and he has required further operations and treatment and is still unable to return to work.

"The law clearly states that construction companies have a duty to organise sites in such a way that pedestrians and vehicles can move safely and without risks. However, it is evident that Brookvale Homes (SW) Ltd gave very little consideration to the matter of segregating pedestrians and site vehicles.

"The risks from workplace transport should be properly assessed when pedestrians and vehicles such as fork lift trucks work in close proximity. The transport plan needs to be managed effectively at all stages of the construction project and should reflect any significant changes."

Brookvale Homes (SW) Ltd, of Alvington, Yeovil was found guilty of breaching Section Regulation 36 of the Construction (Design and Management) Regulations 2007 in relation to the incident. The company was fined £10,000 and ordered to pay £7,576.40 in costs.

Print firm fined after flash fire injures two workers

A printing company based in Waltham Forest has been fined for safety failings after two workers were burned in a flash fire when vapours from a flammable cleaning fluid ignited in a print room.

The two printers, employed by Delta Display Ltd in Blackhorse Lane, Walthamstow, suffered burns and one suffered serious breaks to both legs as he tried to escape the fire. One of them described the explosion and fire as a ‘flamethrower’ coming from the top of the printing press.

An investigation into the incident on 20 May 2011 was carried out by the Health and Safety Executive (HSE) which brought the prosecution. HSE found the company had ignored guidance given by the press manufacturers that there was a danger of fire and explosion if any cleaning agent with a flash point below 55 degrees centigrade was used.

Westminster Magistrates’ Court heard (9 May) that the two men had been using the solvent provided to hand-clean the ‘blankets’ of a printing press, a regular task to clear the build-up of ink. The solvent, called QE3, had a flash point of minus 20 degrees centigrade.

They had completed part of the process when one of them saw a flash in front of his eyes and the fire started. He jumped from the press over a safety rail to escape, shattering his left ankle, fracturing his right heel and sustaining burns on his right calf and left arm. Fellow workers were able to extinguish the fire.

This employee was in hospital for 15 days and initially off work for four months.  He had two operations and is currently undergoing physiotherapy after the second. The other employee received burns to his arms but was back at work soon after the incident.

After the court hearing, HSE Inspector Chris Tilley said:

"These two men have suffered serious and painful injuries because Delta Display Ltd did not heed the guidance from the manufacturers of the printing press. Their workers had been at risk whenever that solvent was used to clean the printing press. It was entirely foreseeable that a fire might result.

“The risks from flammable substances are well known in industry as are the relevant preventative measures. In this case, if the company had completed a sufficient risk assessment they would have identified that using QE3 solvent as a cleaning agent with this type of press was dangerous and could have substituted it for a safer cleaning material.

“The company introduced a safer alternative days after the incident but made little effort beforehand to consider the risks and put a system of work in place that would better protect their workers.”

Delta Display Ltd of Walthamstow, E17, pleaded guilty to a breach of the Dangerous Substances and Explosive Atmospheres Regulations 2002 and was fined £12,000 with £5,250 costs. The company, part of the Delta Group, employs some 400 people and specialises in producing promotional marketing materials.

Director fined after worker's fatal fall through roof

The director of a building firm has been prosecuted after a self-employed contractor fell to his death through a fragile roof at an industrial building in Penryn.

Paul Gibbons, 59, who lived in Porthleven, was carrying out re-roofing work for Acryflor Ltd at the Kernick Road Industrial Estate on 22 September 2008 when he fell eight metres through a fragile part of the asbestos cement roof onto the floor below. He was taken to hospital but died of his injuries later that day.

An HSE investigation into the incident found that Onyx Europe Ltd, (formerly Acryflor Ltd) had failed to put adequate safety measures in place at the site despite the risks involved with working at height.

Truro Crown Court heard yesterday (3 May) the work had not been adequately planned and no safety nets or crash deck platforms had been provided to mitigate the effects of a fall.

HSE Inspector, Jon Harris, speaking after the hearing, said:

"Mr Gibbons’ death could have been prevented if the work had been planned properly and industry standards, such as providing netting, had been applied. The risks of working at height are well-known and falls through fragile materials are the cause of one in five deaths in the construction industry.

"Acryflor Ltd had a duty of care to Mr Gibbons not to expose him to risk as far as was reasonably practical. Mr Williams, as a director of Acryflor, shared that duty.

"The company should have employed a planning co-ordinator to develop a construction plan for this work and the project should have been overseen by someone with appropriate knowledge and experience.

"Safety nets are the industry recognised standard for this purpose and in this case were installed following the incident."

Matthew Peter Williams, of Trelan Farm, Menerdue Lane, Carnmenellis, Redruth pleaded guilty to breaching Section 37 (1) of the Health and Safety at Work etc Act 1974 and was fined £2,500 and ordered to pay costs of £2,500 after the judge heard he was £1.5 million in debt and had an annual income of £15,000

Shropshire egg supplier fined for worker's fall

A Shropshire egg supplier has been prosecuted after a female worker suffered serious foot injuries falling through a hole in the floor of a poultry barn.

The 43-year-old Shropshire woman, who does not wish to be named, fractured two bones in her left ankle and the heel bone in her right ankle as result of the fall on 26 July 2011. The injuries have prevented her returning to work at Staveley’s Eggs Ltd, where she had been an egg packer for six years.

The Health and Safety Executive (HSE) today told Shrewsbury Magistrates’ Court that floorboards had been taken up for building work immediately behind a door regularly used by the worker on an upper floor. No warning signs had been posted and no one had informed her of the repair work being carried out.  

The woman opened the door outwards and fell more than two metres onto the concrete ground floor below, shattering bones in both ankles.  

The court heard she spent eight days in hospital for an operation to have two plates inserted into her left ankle in order to stabilize the joint.  She has since had a further operation on this ankle and suffers from poor mobility.

HSE prosecuted the worker’s employer, Staveley’s Eggs Ltd, based at Stoke-on-Tern, after an investigation revealed that no written risk assessments or basic instructions existed and that the flooring work was only verbally discussed. No safeguards to prevent a fall from height had been identified nor were any protection measures in place.

 HSE inspector Lyn Mizen said after the hearing:

"This worker suffered serious injuries in this incident and has been unable to return to work.  And after enduring a lengthy and painful recuperation process, she still suffers from restricted movement in her ankles, finding it difficult to walk very far.

"This incident could have easily been prevented if a suitable risk assessment had been carried out.  Fundamental and basic measures such as nailing the door shut or posting warning signs had not been taken.

"Bean bags or air bags underneath the hole would have provided appropriate and relatively inexpensive fall protection for all employees.

"Clear guidance on working at height is available from HSE and it is regrettable that the company failed to follow this."

Staveley’s Eggs Ltd of ‘The Poplars’, Warrant Road, Stoke-on-Tern,  Market Drayton, pleaded guilty to breaching Regulations 6(3) and 11 of the Work at Height Regulations 2005 and was today fined £25,000 and ordered to pay £2,386 costs.

Man jailed for illegal inspections of play equipment

A Chester man has been jailed for more than 14 months after repeatedly ignoring a legal order preventing him from inspecting inflatable play equipment.

The Health and Safety Executive (HSE) prosecuted Peter McCormack (previously known as Peter Coltilda and Peter John Morrell), of Garden Lane, Chester, for carrying out inspections of inflatables and issuing test certificates for them in contravention of a Prohibition Notice from HSE, and for carrying out unsafe seam repairs to one.

Caernarfon Crown Court heard that examples of wrongdoing by Mr McCormack, aged 77, included:

• An inspection of a pool inflatable at Poynton Leisure Centre, Cheshire, on 15 July 2010 and the issuing of the certificate two days later
• An inspection of a bouncy castle in Carterton, Oxfordshire, on 23 August 2010 and the issuing of the certificate a day later
• Another bouncy castle inspection at Abbey Leisure Centre in Selby, Yorkshire, on 19 August 2010
• One at Tadcaster, Yorkshire, on 3 August 2011
• One at Selby Park, Yorkshire, on 3 August 2011

He repaired one of the bouncy castles at Selby Park poorly on 3 August 2011, so there was a risk of children's fingers and toes being trapped in the open seams.

The court also heard today that in these illegal inspections, Mr McCormack failed to spot defects, which could have caused injuries to children.

He pleaded guilty to seven breaches of Section 33(1)(g) of the Health and Safety at Work etc. Act 1974 and one of Section 3(2) of the Act and was sentenced to 62 weeks in prison. He has already served 78 days imposed at an earlier hearing for breaching bail conditions. Today the court ruled he must serve half of the remaining time before being released on licence.

Speaking after the hearing, HSE principal inspector Steve Flanagan said:

"Inflatable play equipment must be properly maintained and inspected to make sure it is safe for children to use. HSE served the initial Prohibition Notice in 2008 because Peter McCormack's work was substandard and unsafe.

"By breaching that Prohibition Notice repeatedly - and even ignoring a direct order from a judge at Shrewsbury Crown Court in 2010 - Mr McCormack has shown that he never had any intention to stop illegally inspecting inflatables.

"He has shown utter disregard for the safety of children and for the law and has cheated the companies he issued the certificates for, by taking their money when he shouldn't have done the work.

"If people who carry out illicit or poor inspections of inflatables are not stopped, it's only a matter of time before a child suffers a serious injury."

Mr McCormack has changed his name by deed poll. He was previously known as Peter Coltilda, and before that as Peter John Morrell. The court also heard that Mr McCormack is also now known by the name Paul Armstrong.

Construction firms sentenced over Liverpool crane collapse

Two construction firms have been sentenced after a crane collapsed onto a city centre apartment block in Liverpool, resulting in the crane driver being paralysed from the waist down.

The collapsed crane at the Kings Dock Mill site

The 79-metre-high tower crane was being used as part of a multi-million pound project to build a new eight-storey hotel and seven apartment blocks at Kings Dock Mill on Tabley Street when it overturned on 6 July 2009.

The Health and Safety Executive (HSE) prosecuted the site's principal contractor, Bowmer and Kirkland Ltd, and structural engineering company Bingham Davis Ltd following an investigation into the incident.

Liverpool Crown Court heard the crane fell onto a partially constructed apartment block, across a road and came to rest on the Chandlers Wharf apartments. Eight counterweights on the crane, weighing a total of 56 tonnes, broke free and crashed through the roof and six floors of the building.

Crane driver Iain Gillham, 55, from Woolton, fell from his cab onto the roof of the apartments and through the hole created by the counterweights.

He suffered multiple injuries including a brain haemorrhage, fractured skull, broken right shoulder, broken ribs, crush injuries to his left side, and major spinal injuries which resulted in his legs being paralysed.

The collapsed crane at the Kings Dock Mill site

No one inside the building was injured but residents had to be evacuated from the 64 apartments, and some were rescued from their balconies. The damage to the building was extensive and residents were unable to return to their homes for nearly two years while major reconstruction work took place.

The HSE investigation into the incident found that the crane's foundation could not cope with the forces generated by the crane.

During the construction of the foundation, both Bowmer and Kirkland Ltd and Bingham Davis Ltd agreed to cut away essential steel reinforcement bars from the four concrete foundation piles, so that the crane's feet could sit on top on them. These were replaced with  up to 5 steel rods in each pile. This action reduced the forces the foundation could withstand.

Summing up in court, Judge Gilmour said he was satisfied that it was the removal of the reinforcing steel and the inadequate replacement of the steel rods that led to the foundation being overloaded and the crane collapsing.

Both companies were found guilty of breaches of the Health and Safety at Work etc Act 1974 following a trial at Liverpool Crown Court by failing to ensure the safety of workers or residents.

Bowmer and Kirkland Ltd, of Church Street in Heage, Derbyshire, was fined £280,000. A decision on prosecution costs will be made separately.

Bingham Davis Ltd, formerly of Temple Street in Liverpool, has ceased trading since the crane collapse after going into voluntary liquidation. The company was fined a nominal £1,000.

Speaking after the hearing, the investigating inspector at HSE, Warren Pennington, said:

"Serious failings on the parts of both Bowmer and Kirkland Ltd and Bingham Davis Ltd were uncovered by the Health and Safety Executive during an extensive and complex investigation into the crane collapse.

"Whilst it is bad enough that Iain Gillham will be unable to walk for the rest of his life as a result of the failings of both parties, it is no exaggeration to say it was only by pure chance that this catastrophic event did not result in multiple fatalities and significantly more damage to property.

"The circumstances leading to the collapse were a mess. Bingham Davis employees had no previous experience of designing the type of crane foundation used at Kings Dock Mill. Likewise, Bowmer & Kirkland's employees at Kings Dock Mill had no experience of building one. Both parties made disastrous errors that were entirely preventable.

"The original error was made by Bingham Davis Ltd, which failed to spot a basic mistake in its calculations for the loadings imposed by the crane. This created a material risk which had the potential to have led to a crane foundation being constructed that was not strong enough to hold the crane up.

"During construction of the foundation, Bingham Davis advised Bowmer and Kirkland to cut away essential steel reinforcing bars in the foundation piles and replace such with steel rods. The removal of such reinforcing steel, resulted in the foundation being too weak to support the crane. The foundation was further weakened when Bowmer and Kirkland failed to ensure the adequate insertion of the replacing steel rods.

"Neither Company did enough to check what the result would be of cutting away this essential steel reinforcement and replacing such with steel rods."

Warren added:

"HSE hopes this case sends a clear message to the construction industry in relation to tower cranes foundations. Designers of such should be familiar with industry accepted guidance and follow it, unless they have extremely well thought-out reasons for not doing so. The role of the Principal Contractor is also crucial in managing the design process. Both Principal Contractors and Designers should ensure that robust systems for design checking are actioned at all times.

"We will continue to engage with the industry to ensure that lessons are learned."

Over the past decade, nine people have been killed and there have been 25 serious injuries as a result of incidents involving tower cranes

Shipyard fined after apprentice fell from scaffolding

An apprentice worker was badly injured after he fell off scaffolding which was not properly secured at Pendennis Shipyard Ltd in Falmouth.

In a prosecution brought by the Health and Safety Executive (HSE) today (27 April), Truro magistrates heard that David Banks, from St Austell, who was 19 at the time, suffered knee injuries in the fall which happened on 27 April, 2011.

HSE's investigation found that Mr Banks was working in the dry dock to clear and strip away plastic tenting which had been used to enclose a boat while it was being painted.

The teenager was working on the first level of scaffolding boards when they tipped, causing him to fall around two metres to the dock floor below. The injuries sustained to his knees in the fall resulted in Mr Banks needing physiotherapy.

The court heard that Pendennis Shipyard Ltd had already been warned about the risks associated with working at height and had been issued with four Improvement Notices and one Prohibition Notice relating to type of work by the HSE since 2009.

Speaking after the hearing, HSE inspector, Melissa Lai-Hung said:

"Mr Banks was unaware that the scaffold planks were insecure and there were no safety rails in place.

"The company provided no safe working method for its workforce, there was no risk assessment for the work and a lack of information, training, instruction and supervision at the site. This incident could easily have had much more serious consequences for Mr Banks."

Pendennis Shipyard Ltd, of The Docks, Falmouth, pleaded guilty to a breach of Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £6,000 and ordered to pay £6,288 in costs.

Firm fined after worker's fall from forklift

A North Devon farming business has been prosecuted for safety failings after a worker fractured his skull falling from the prong of a forklift truck at an animal feed mill.

Richard Robinson, 64, from Pyworthy, near Holsworthy, was attempting to crush recycled material when the fall occurred at Cross Mill, Holsworthy Beacon, on 3 August last year.

His employer, WJ Watkins and Son Ltd, today (2 May) appeared before Barnstaple Magistrates in a prosecution by the Health and Safety Executive (HSE).

The court heard that some workers had developed their own system of working, which involved being lifted by forklifts and climbing into large bags of recycled material that were suspended in the air. They then trampled down material in the bags to make more room before coming down again on the forklifts.

The company did not provide any fixed alternative methods for the workmen to reach the bags in a safe and controlled manner.

Mr Robinson fell about one-and-a-half metres from the forklift to the concrete below.

WJ Watkins and Son Ltd, of Highfield, Holsworthy Beacon, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 for allowing dangerous working practices. The company was fined £6,000 and ordered to pay costs of £1,226.

Speaking after the hearing, HSE Inspector, Simon Jones, said:

"The company did not give enough thought to how employees were going to work on the bags that were suspended in the air. They were allowed to use a very unsafe method because there was no fixed alternative available to them. As a result Richard Robinson could easily have paid with his life.

"Working at height must be properly planned and supervised, and employers must ensure their staff have a safe system in place to prevent further incidents of this kind.".

Dorset contractor sentenced over worker death

A building contractor has been fined over serious safety breaches after a worker was killed by a piece of falling cob wall being demolished by his son.

Alaister Copland, trading as Do it Al, was fined a total of £10,000 and ordered to pay compensation to the family of £2,390 at Dorchester Crown Court in a case brought by the Health and Safety Executive (HSE) after the fatal incident.

Agency workers Jamie Ford 24 and his father, Stephen Ford, 50, were working under the control of Do It Al to demolish a barn at Dunbury Farmhouse in Winterbourne Houghton near Blandford in November 2008.

Son Jamie was using a handtool to demolish the wall when a piece came down and hit his father Stephen on the head. The HSE investigation found neither man was wearing a hard hat and Stephen, of Poole, died of his injuries at the scene.

The court heard no plan of work for the demolition was in place and Alaister Copland had no experience in demolition work of this kind.

Speaking after the hearing, HSE Inspector, Helena Tinton, said:

"This is a tragic case which clearly demonstrates the dangers of carrying out demolition work without suitable planning.

"There were multiple failings with this project. In addition to having no written plan for the demolition work, there was inadequate supervision and no-one on site wore head protection.

"This demolition work should have been carried out remotely using machinery with clearly marked exclusion zones in place.

"In failing to plan and carry out the demolition of this building in a safe manner a family has suffered the devastating consequences of worker contributing to his own father's death - an absolutely tragic situation."

Parent firm liable in “historic” asbestos case

In a judgement that could have far-reaching ramifications for UK companies with subsidiaries, the Court of Appeal has ruled in favour of an asbestosis sufferer, who sought damages against the parent company of his former employer.

The Court upheld a decision by the High Court in April last year, which ruled that Cape plc, as the parent company, was liable for the activities of its subsidiary, Cape Building Products Ltd. The appeal judgment, handed down last week (25 April), could have significant consequences for companies in the UK with domestic-based subsidiaries, as well as multi-national companies headquartered in the UK with subsidiaries in developing countries, where their operations have greater potential to cause direct harm to workers, the local environment, and consumers.

The case centered around David Chandler, 71, who was employed by Cape Building Products Limited (formerly Uxbridge Flint Brick Company), between 1959 and 1961, during which period he suffered heavy asbestos exposure. Diagnosed with asbestosis in 2007, he was unable to pursue a claim against Cape Building Products, owing to an ‘asbestosis exclusion clause’ in its insurance policy. Mr Chandler’s lawyers, Leigh Day & Co, instead decided to pursue his claim against Cape plc.

In their judgement, the Appeal Court judges stressed: “There is no imposition or assumption of responsibility by reason only that a company is the parent company of another company. The question is simply whether what the parent company did amounted to taking on a direct duty to the subsidiary’s employees.”

Leigh Day & Co provided evidence that the parent company was directly involved in, and knew about, the health and safety effects from asbestos exposure on workers at Cape Building Products Ltd. The law firm pointed out that Cape plc employed group medical and safety officers, who oversaw health and safety at its subsidiaries, and that it had close involvement with governmental organisations concerned with asbestos safety.

The Appeal Court also found it significant that the boards of both parent and subsidiary companies shared directors.
Based on such evidence, the Court found that Cape plc “assumed a duty of care either to advise Cape Building Products on what steps it had to take, in the light of knowledge then available, to provide those employees with a safe system of work, or to ensure that those steps were taken”.

The judgement concluded: “In summary, this case demonstrates that in appropriate circumstances the law may impose on a parent company responsibility for the health and safety of its subsidiary’s employees.

“Those circumstances include a situation where, as in the present case, the businesses of the parent and subsidiary are in a relevant respect the same; the parent has, or ought to have, superior knowledge on some relevant aspect of health and safety in the particular industry; the subsidiary’s system of work is unsafe as the parent company knew, or ought to have known; and the parent knew, or ought to have foreseen, that the subsidiary or its employees would rely on its using that superior knowledge for the employees’ protection.”

Following the ruling, Vijay Ganapathy, senior solicitor at Leigh Day, said: “This historic judgment gives hope to thousands of victims, not just of industrial disease, but also those injured or who have been denied justice in the past through the complexity – and sometimes cruelly contrived nature – of corporate structuring.



“It’s no longer an excuse for parent companies to hide behind an aged legal principle in circumstances where they know that workers are at risk, but still chose to do nothing to help them. This is of particular relevance in asbestos-disease cases, as many sufferers face insurmountable challenges in identifying and locating insurers for their former employers.”