Firm fined after workers exposed to risk of electric shock

A Tyneside firm has been fined after an electrical system was left in a dangerous condition exposing workers to the risk of electric shock or electrocution.

Darlington Magistrates' Court heard yesterday (16 August) that Coolcheck Refrigeration Ltd failed to ensure parts of an electrical system were left in a safe condition following work carried out to disconnect a refrigerated counter unit at business premises in Newgate Street, Bishop Auckland.

The Health and Safety Executive (HSE) prosecuted the company after its investigation found that an employee of Coolcheck Refrigeration Ltd had disconnected the unit and placed electrical tape over the switch of the circuit breaker to indicate that the circuit should remain isolated. However the copper conducting wires of the disconnected cable became dangerously exposed.

The court was told that two weeks later a worker in the building moved the cable to carry out some work. When he did this the copper conducting wires touched the wall of the building and an electrical short circuit occurred.

Coolcheck Refrigeration Ltd, of Unit D4 Bergen Close, Tyne Tunnel Trading Estate, North Shields, was fined a total of £7,000 and ordered to pay £2,500 costs after pleading guilty to breaching Regulation 4(3) of the Electricity at Work Regulations 1989.

After the case, HSE Inspector Keith Partington, said:

"This incident could have easily been prevented. Coolcheck Refrigeration Ltd employed a number of competent electricians and should have planned the works so that the electrical supply to the equipment was properly isolated by disconnection of wiring at the relevant circuit breaker.

"The electrical supply to the cable was 240 volts and was capable of causing electric shock or electrocution. After any work on an electrical system it should be left in a condition which prevents danger.

"The use of electrical tape to effect isolation of the switches on miniature circuit breaker electrical systems is regarded as unsafe practice by the Electrical Safety Council, which warns against it in their guidance to the industry."

Firms fined for roof fall

 
A construction firm and a roofing company have been fined for their part in a fall at a Lincoln retail park.

Taylor Pearson Construction Limited was the principal contractor building a new retail unit at The Carlton Centre on Outer Circle Road. The company sub-contracted roof cladding work to Roofwise (Bourne) Limited, which in turn engaged a sub-contract labour team of its own.

On 24 May 2011, the cladding team were installing gutter sections along one side of the roof. As one of the team, a 53-year-old self-employed roofer from Sheffield, who has asked not to be named, attempted to fix the last section of gutter he fell, striking the handrail of a scissor lift before hitting the ground more than eight metres below.

He suffered a fractured pelvis, shattered heel and broken thumb. He spent several weeks in hospital and had to have several metal plates inserted to his fractures.

An investigation by the Health and Safety Executive (HSE) found that roof edge protection and safety netting had been installed to the majority of the roof, but an indented corner had been left unprotected. It was in this area that the fall occurred.

After today's hearing (22 August) at Lincoln Magistrates' Court, HSE inspector Tony Mitchell said:

"This incident was wholly preventable. Both defendants clearly identified the risk of a fall and the precautions that were needed, but had not fully followed this through on site. Several opportunities to identify and remedy this deficiency had been missed.

"The injured worker is lucky to be alive. There is no room for complacency when it comes to work at height."

Taylor Pearson Construction Limited, of Church Road, Martin Dales, Woodhall Spa, pleaded guilty to breaching Regulation 22(1)(a) of the Construction (Design and Management) Regulations 2007 in relation to the fall. The firm was fined £5,000 and ordered to pay costs of £1,710.

Roofwise (Bourne) Limited of North Street, Bourne, pleaded guilty to breaching Regulation 4(1)(c) of the Work at Height Regulations 2005, and was fined £3,000 with £1,710 in costs

Outdoor advertising giant prosecuted for safety failings following serious injury in Bristol

Outdoor advertising company Clear Channel UK Ltd has been fined after an employee's hand was caught in a petrol-powered lawn mower in Bristol.

In a prosecution brought by the Health and Safety Executive (HSE), Bristol Magistrates Court today (20 August) heard that the maintenance worker was working at a billboard site on Bath Road on 22 August last year when the incident happened.

The worker, from Gloucestershire, who does not want to be named, sustained serious injuries to his left hand when he tried to clear a blockage from the petrol-powered mower, which he believed had been turned off.

While trying to remove the blockage the blade began rotating, almost severing his thumb and severely injuring his fingers. A 14-hour surgical procedure was required to re-attach his thumb and repair the damaged fingers.

The court was told that a safety feature that cuts out the engine and stops the blades rotating wasn't working properly.

An HSE investigation revealed that Clear Channel UK Ltd did not have an effective reporting and maintenance system regarding faults on its equipment, and allowed a lawn mower that wasn't in efficient working order or good repair to be used by its employees.

Clear Channel UK Ltd pleaded guilty to breaching Section 5 of the Provision and Use of Work Equipment Regulations 1998. The company was fined £12,700 and ordered to pay costs of £13,000.

Speaking after the hearing, HSE Inspector Mehtaab Hamid, said:

"Clear Channel failed to take the necessary steps to protect its employees from harm through the use of non-maintained or ill-maintained equipment. Such failures led to serious injury to an employee who has only been able to return to work in the last couple of months."

Southampton worker pays price for firm's safety failings

  
A Romsey brick-making firm has been prosecuted after one of its employees suffered crush injuries to his leg in a poorly-guarded machine.

Mr Nikoloz Demetrashvili, 42, was in hospital for three weeks with a multiple fracture of his right leg after the incident at Michelmersh Brick and Tile Company Ltd on 12 October last year.

The Health and Safety Executive (HSE) investigated the incident and found that flawed protective measures meant the worker was able to access dangerous parts of a brick-making machine while it was still 'live'.

Southampton Magistrates heard today (22 August) that Mr Demetrashvili, from Southampton, had been trying to free a blockage caused when two trays dropped on a brick mould rather than one.

In an attempt to clear it, he followed work instructions and disabled pressure sensitive mats designed to prevent access to the machine as he needed power running to free the trapped tray. Although the power was on, the machine was not in production mode but sensors were still active.

Mr Demetrashvili then climbed on the machine to reach the tray, as he had done on previous occasions to free blockages. As he leant over the turntable and pulled the tray, a sensor activated and the turntable rotated, crushing his leg and trapping him in the machine.

After the incident, HSE served an Improvement Notice on Michelmersh Brick and Tile Co Ltd requiring further safeguarding of the machine. It complied by removing a switch that allowed the pressure mat to be over-ridden, meaning it is no longer possible for operators to access the machinery whilst there is power running to it.

Michelmersh Brick and Tile Company Ltd of Hillview Road, Michelmersh, Romsey, pleaded guilty to breaching Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 and Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. It was fined a total of £15,000 and ordered to pay £4,945 in costs.

After the hearing, HSE Inspector Daniel Hilbourne said:

"This case highlights the importance of ensuring proper guarding of dangerous machinery at all times. It is vital for employers to ensure that staff cannot get dangerously close to machinery that is either moving or is likely to move with people in the immediate area.

"Had the pressure mat been configured properly, it would have prevented the machine from operating with anyone near it. Sadly, Mr Demetrashvili has been left with very serious and life-changing injuries because of safety failures that could easily have been avoided.

"This prosecution is a reminder to firms of the need to carefully consider the risks of machinery and to identify and implement adequate controls to protect their employees."

Firm fined after worker injured at waste site

  

A Staffordshire environmental waste company has been fined after an employee was crushed by a reversing vehicle.

The 23-year-old man from Cannock was handpicking waste from a skip at Rugeley Environmental Waste Services Ltd on 5 September 2011 when a skid steer loader reversed into him, pinning him against the skip.

The man suffered soft tissue injuries to his groin and was taken to hospital by air ambulance. He went back to work after several weeks but has since left the company.

An investigation by the Health and Safety Executive (HSE) revealed the vehicle was being used in a relatively confined space and no measures were in place to segregate vehicles and pedestrians.

The investigation also revealed the company had failed to carry out a risk assessment of its workplace transport activities.

Rugeley Environmental Waste Services Ltd, of The Embankment, Power Station Road, Rugeley, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of employees. Today, Stafford Magistrates' Court fined the firm £5,000 and ordered it to pay costs of £4,306.

After the hearing, HSE Inspector Wayne Owen said:

"Workplace transport is the second biggest cause of death in the workplace. It is vital that risk assessments are carried out where vehicles are involved and suitable control measures put in place to prevent incidents such as this.

"This company had a poor and unsafe system of work. Had the company segregated vehicles and personnel, a man would not have suffered a painful injury."

Line Manager Competency Indicator Tool

Line managers have many significant roles to play in managing and tackling stress, identifying and managing those with stress, implementing any organisational stress policy, and communicating issue both up and down the management chain.

But managers also need to think about their behaviour, and how it can either add to the stress their staff experience or help alleviate the problem. Poor management behaviour is often highlighted as a major factor by those suffering from work related stress.

Training is usually given to those going into management but often they are then left to “get on with it” with no checks on how the manager is coping. It is difficult for managers to get feedback that allows them to assess how their staff are affected by their behaviour – a manager may be doing something that affects their staff but they are unaware of it.

The HSE, in association with the Chartered Institute of Personnel and Development and Investors in People, have designed a series of tools to allow managers to assess whether they currently have the behaviours identified as effective for preventing and reducing stress at work; its aim is to help managers reflect on their behaviour and management style.

These tools include a self-assessment tool, one that requires input from the manager’s staff (180°) and one that allows input from staff, senior managers and peers (360°)

• Line Manager Competency Indicator Tool (Interactive spreadsheet) [XLS, 496KB]

• Line Manager Competency Indicator Tool [PDF, 98KB]

 

Timber building company fined after worker's fall at Shropshire school

 

A company which makes modular timber buildings has been fined after an employee suffered multiple injuries falling from a canopy at a Shropshire school.

The canopy through which Mr Phillips fell

RG Stones (Buildings) Ltd had been contracted to replace the canopy between two temporary buildings at Lakelands School on Oswestry Road in Ellesmere when the incident happened on 8 August 2011.

William Phillips, 52, of Weston Rhyn, was standing on the canopy with two colleagues when he fell three metres between the timber joists onto the concrete floor below.

He fractured his back, breastbone, six ribs and right wrist and has not yet been able to return to work.

The canopy through which Mr Phillips fell

Shrewsbury Magistrates' Court heard today (10 August) that an investigation by the Health and Safety Executive (HSE) found the company had not installed any edge protection to prevent a fall. It had put two soft landing bags on the floor to mitigate the effect of any fall, but neither were in the area where the work was being carried out.

RG Stones (Buildings) ltd, of Grosvenor Road, Wrexham, Clwyd, pleaded guilty to breaching Regulation 2(1) of the Health and Safety at Work etc Act 1974 for failing to protect Mr Phillips. The company was fined £6,500 and ordered to pay costs of £3,105.

After the hearing, HSE inspector Guy Dale said:

"This incident was entirely preventable. The company had obviously appreciated the risks of a fall, as shown by the provision of the landing bags, but it's a shame they didn't think to put them under the area it was most needed.
"Work at height is a high risk activity and needs to be properly planned. Had that happened, a man would not have been left with debilitating injuries."

Cheltenham retailer and contractor prosecuted after asbestos exposure

A Cheltenham contractor and a retailer have been prosecuted after a construction worker was exposed to asbestos during a refurbishment project.
Simon Cooper was engaged by Hutchinson HiFi and Vision Ltd in February 2010 to refurbish an empty shop unit in Cheltenham High Street, which involved replacing a suspended ceiling.
In a prosecution brought by the Health and Safety Executive (HSE), Cheltenham Magistrates' Court heard today (27 July) that contractor Simon Cooper failed to ensure a proper asbestos survey was available before work began. As a result, workers on site, including Matthew Thompson 28, from Cheltenham, removed up to 85m of asbestos insulating board over two days on 16 and 17 February without the necessary controls or adequate protection.
The Court was also told that Hutchinson HiFi and Vision Ltd failed to provide any client information regarding the presence of asbestos within the building. They should have ensured a demolition and refurbishment survey was carried out and the results made available to Mr Cooper.
Speaking after the hearing, HSE inspector Simon Chilcott, said:
"As a result of the failings of Simon Cooper and Hutchinson HiFi and Vision, people were unnecessarily exposed to asbestos. This incident could have been avoided if the retailer had provided information on the presence of asbestos in the building and Mr Cooper had ensured he had seen a demolition and refurbishment survey before commencing the renovation work.
"The risks of asbestos are well known in the construction industry as are the controls required in dealing with it. Exposure to asbestos can have fatal or serious long term health consequences and, as such, every precaution must be taken to minimise any risks when working on buildings."
Hutchinson HiFi & Vision Ltd, of High Street, Cheltenham, pleaded guilty to breaching Regulation 10 (1) (b) of the Construction (Design & Management) Regulations 2007 and was fined £3,500 and ordered to pay £1,836 in costs. Simon Cooper, of Leckhampton, Cheltenham, pleaded guilty to breaching Regulation 5 of the Control of Asbestos Regulations 2006 and was fined £600 and ordered to pay £800 in costs

Bricklayer's fall puts Berkshire builders in court

A construction and design company in Berkshire has been prosecuted for safety failings after a bricklayer was seriously injured when he fell three metres through a skylight opening in a flat roof.
The worker, who does not wish to be named, broke his pelvis and wrist in the fall at Holmsbury St Mary, Surrey, on 18 November last year.
Wokingham-based Bascomb and Drew, which works in London and across the Home Counties, was building a large house at the site.
Guildford Magistrates' Court heard yesterday (30 July) that the bricklayer was constructing kitchen walls when the incident occurred.
Carpenters had finished putting roof joists in place, but had left two holes for rooflights, which they had covered with blue membrane sheeting and marked with timbers around the edges.
On the day of the incident, the bricklaying team had set out the blocks to be used that day and had left them on the partially-built kitchen roof. At one stage the bricklayer moved from scaffolding to the roof so he could access the top of a wall he was working on, but slipped and fell through the hole left for the rooflight, which had was obscured by the membrane.
He is still unable to return to work as a result of the injuries he sustained.
An investigation by the Health and Safety Executive (HSE) found that Bascomb and Drew had not taken sufficient action to safeguard workers on site because the rooflight holes were inadequately guarded and obscured.
Bascomb and Drew Ltd, of Keephatch Farmhouse, Clover Close, Wokingham, was fined £13,000 and ordered to pay £4,662 in costs after pleading guilty to a breach of the Construction (Design and Management) Regulations 2007.
After the hearing, HSE Inspector Russell Beckett said:
"Falls from height are the biggest cause of injury in construction and those working within the industry should be aware of the dangers and what measures need to consistently taken in order to protect workers.
"This incident could have been avoided if the holes in the roof had been covered over with something more substantial than plastic sheeting. This would have taken just a few minutes and would have prevented a man from suffering painful and long-term injuries."

Construction company fined over near-death fall

A Surrey construction company was today (27 July) ordered to pay £160,000 in fines and costs after a worker narrowly escaped death when he was caught in a collapse of nine tonnes of steel and concrete.

Floor planks collapsed into the basement with the grey steel beam that failed lying on top of the planks.

Bola Akinola, 48, fell more than four metres when steelwork supporting concrete floor planks failed, causing the material to collapse, at a site in Westerham, Kent on 9 May 2009.
Mr Akinola, of Littlehampton, West Sussex, suffered life-changing injuries including multiple fractures to his pelvis, leg and arm. He was in hospital for several weeks and was unable to work for nearly a year. He has still not regained full mobility in his left arm.
The incident was investigated by the Health and Safety Executive (HSE), which prosecuted Esher-based Landmark Groundworks Ltd for serious safety breaches.
A nine-day trial at Maidstone Crown Court heard Mr Akinola was helping to build a large new basement alongside an empty house that was being refurbished and extended. Landmark Groundworks was contracted to oversee the project and provide supporting steelwork.
On the day of the incident, a separate sub-contractor, Mr Akinola's employer, had laid around 50 concrete floor planks, each weighing up to two tonnes, for the ground floor. Four planks were laid on a beam that had not been fixed at one end and only held with small welds at the other. As a result the beam tilted and gave way while workers were still on the planks.
Mr Akinola, a plank installer, fell four metres into the basement with the collapsing steel and three of the floor planks. Another worker managed to jump to safety as the floor gave way.
HSE's investigation found that Landmark Groundworks, which operates across the South East, had failed to follow construction industry established procedures designed to avoid this type of incident. Landmark had ignored design proposals by two structural engineers that would have helped ensure the project was carried out safely. In addition Landmark did not carry out checks on the installation to ensure it was ready to load out.
The company, of Wren House, Portsmouth Road, Esher, was today fined £110,000 and ordered to pay £50,000 in costs after being found guilty of breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
After the hearing HSE Inspector John Underwood said:
"Buildings do not build themselves. The process needs to be actively managed to ensure that sub-contractors get the correct information and use it.
"It is completely unacceptable for a main contactor, Landmark Groundworks Ltd, to allow work to continue with a botched design, and with no checks carried out on either the design or the installation.
"This incident resulted in life-changing injuries to Mr Akinola and it was a matter of luck that the collapse of nearly nine tonnes of building material did not result in multiple fatalities."

Fee for Intervention (FFI)   

HSE proposes to introduce a fee for intervention cost recovery scheme with effect from 1 October 2012, subject to Parliamentary approval of the proposed Health and Safety (Fees) Regulations 2012.
These Regulations will put a duty on HSE to recover its costs for carrying out its regulatory functions from those found to be in material breach of health and safety law.

     A material breach is, when in the opinion of the HSE inspector, there has been a contravention of health and safety law that is serious enough to require them to notify the person in material breach of that opinion in writing.

HSE and the government believe it is right that businesses and organisations that break health and safety laws should pay for HSE’s time in putting matters right, investigating and taking enforcement action. Without FFI, this is paid for from the public purse.

The proposed Fee for Intervention hourly rate for 2012/13 is £124.

FFI will also encourage businesses and organisations to comply in the first place or put matters right quickly when they don't. It will also discourage those who undercut their competitors by not complying with the law and putting people at risk
          

CD243 - Public consultation on proposals to simplify and clarify RIDDOR reporting requirements

The Health and Safety Executive (HSE) has opened a 12-week consultation on proposals to simplify and clarify how businesses comply with the requirements under the Reporting of Injuries, Disease and Dangerous Occurrences Regulations 1995 (as amended) (RIDDOR ’95).

The review is part of HSE’s work to make it easier for businesses and other users to understand what they need to do to comply with health and safety law, following recommendations made in Professor Löfstedt’s independent review of health and safety legislation.

The proposals also seek to implement the changes recommended in the 2010 Government Report, ‘Common Sense, Common Safety’, by re-examining whether RIDDOR is the best approach to providing an accurate national picture of workplace accidents.

• View the consultative document .
• Respond to the consultation using the online questionnaire or download a form to complete.

This consultation began on 2 August 2012 and ends on 28 October 2012

Director prosecuted after trainee tree surgeon severs thumb

The owner of a Hampshire arboriculture business has been prosecuted for safety failings after a trainee tree surgeon severed his thumb on a log splitter.

Rory Stamper, 18, from Church Crookham in Fleet, lost the tip of his right thumb from the base of his nail in the incident at Cedardale in Hartley Wintney on 14 September last year.

Andover Magistrates Court heard today (23 July) that he was using a vertical log splitter to cut logs when he was distracted and inadvertently stepped on a foot pedal that lowered a splitting blade.

The machine required operators to manually hold logs in place with their hands, so as the blade lowered it caught and sliced through his thumb.

He was off work for four weeks as a result of the injury and still suffers pain and has difficulty performing certain tasks, such as writing or fastening buttons on clothes.

An investigation by the Health and Safety Executive (HSE) found the splitter failed to comply with the latest safety standards for such equipment. A device should have been fitted to hold logs in place without human intervention, and the controls should have been better configured to prevent accidental use and access to the splitting zone.

In addition, there was no written risk assessment for the machine to identify potential risks and safe-working procedures.

Cedardale director Chris Kunesch, of Trimmers Farm, Trotters Lane, Hartley Wintney, was responsible for the machine. He pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999, and was fined £4,000 and ordered to pay £2,000 in costs.

After the hearing, HSE Inspector Michael Baxter said:

"This prosecution highlights two key issues. The first is the importance of carrying out suitable and sufficient risk assessments where there is a risk from moving parts, and ensuring that all employees are aware of the dangers. The second is to ensure that as equipment gets older it is properly maintained and complies with the latest safety standards, or is replaced.

"Chris Kunesch failed in both these regards in his capacity as a business owner, and Rory suffered a painful and completely avoidable injury as a result."

Management of the risks from legionella in cooling towers and evaporative condensers

Introduction:


This safety notice draws attention to key aspects of the proper management of the risks from legionella. It is informed by a recently completed review of outbreaks in the UK over the past ten years that shows common failings in control, and a potential risk of further legionella outbreaks, such as that in Edinburgh in June 2012. This notice refers to cooling towers and evaporative condensers but the principles apply to other water systems.

Legionella safety - general approach

If not vigilantly controlled, the risks from legionella in cooling towers and evaporative condensers can become serious, and problems can build up rapidly. Fortunately, the means of control are well understood. An effective approach is set out in HSE's Approved Code of Practice L8: Legionnaires' Disease - The control of legionella bacteria in water systems

 An analysis of past outbreaks indicates it is vital to follow the practical advice in L8 on:

1. identifying and assessing sources of risk;
2. preparing a scheme for preventing or controlling the risk;
3. implementing, managing and monitoring precautions;
4. keeping records of the precautions; and
5. appointing a senior person to be responsible for making sure that (a) - (d) happen.

Risk identification and control

90% of the outbreaks had their root causes in failures to identify risk (i.e. to recognise possible legionella problems) or to put in place effective schemes of control to deal with the identified risks. These failures left the plant vulnerable to a range of practical threats, for example from:

• departures from planned maintenance and cleaning schedules (allowing plant conditions to get worse, and longer periods for problems to develop);
• changes in the process (leading to changes in the risks, or rendering existing precautions ineffective);
• staff/contractor changes (leading to a loss of knowledge);
• intermittent use of plant (resulting in inconsistent control measures);
• unusual weather conditions (eg bacteria multiplying very fast in warm weather).

The written scheme for controlling the risk should be specific to the site and system, and supported by clear working procedures.  It should be updated whenever issues which can affect the ability to control the risks change e.g. as in the examples above.

System monitoring

Effective and consistent monitoring of water quality is essential to maintaining control including:

• chemical and biological monitoring and focused, specified visual checks that the system is working as it should be.

Routine monitoring of bacterial levels, whilst a useful tool, is no substitute for making sure the plant is kept in good condition and is cleaned regularly.

Carrying out system monitoring, then interpreting the results and identifying trends, all need specialist knowledge. For instance, it is not good practice to rely on frequent shot dosing for routine control without identifying the underlying problem of why the bacteria levels keep increasing.

Advice for senior managers

Senior managers (including the responsible person at (e) above) should seek assurance that effective controls are in place and that they are maintained. They should ensure that monitoring and auditing are carried out and the results acted on.

Lack of training and poor communication have been identified as contributory factors in outbreaks of Legionnaires' disease. It is therefore important that everyone involved is competent, trained and aware of their responsibilities. This is made more challenging by the likely division of roles between the company on site, maintenance staff, the water treatment contractor and (possibly) a separate subcontractor for cleaning and disinfection.

Roles and responsibilities must be assigned to named individuals with clear lines of communication, tracking and signing off of work. The company must have adequate oversight of contractors. Contractors should have clear responsibilities and reporting lines.

Two firms fined after South Shields worker injured

Two firms have been prosecuted after a worker suffered serious injuries when he was struck by a pipe and fell from a stepladder.

The 37-year-old from South Shields, who has asked not to be named, was working for MB Air Systems Ltd as a pipework installation engineer when the incident happened on 13 December 2010.

MB Air Systems Ltd had been commissioned to carry out work at the premises of GT Precision Products Ltd, in Peterlee where the worker was installing new pipework to a compressed air distribution system.

Peterlee Magistrates Court heard today (26 July) that existing pipework requiring alteration was around three metres above floor level. The worker used a stepladder to access it, but lost his balance.

He caught hold of a lever valve which opened and released a jet of compressed air. The open pipe then swung round, hit him on the left side of his head and knocked him off the stepladder.

He sustained 14 hairline fractures to his skull, a fractured left eye socket, bruising to his brain and internal bruising to his lower back. He has since recovered and been able to return to work.

An investigation by the Health and Safety Executive (HSE) revealed that a risk assessment carried out by MB Air Systems Ltd and provided to GT Precision Products Ltd, stated that a powered access platform such as a scissor lift would be used for this type of task.

However, no such platform was provided and the injured worker was left to make his own arrangements, obtaining the stepladder from GT Precision Products Ltd.

MB Air Systems Ltd, of Glasgow Road, Wishaw, Lanarkshire, was fined £5,000 and ordered to pay £3,196.50 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 for failing to ensure the risk assessment was correctly implemented.

GT Precision Products Ltd, of Traynor Way, Whitehouse Business Park, Peterlee, was fined £5,000 and ordered to pay £3,196.50 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.

Speaking after the case, HSE Inspector Paul Miller, said:

"This incident could have easily been prevented if the appropriate access equipment, as identified by the risk assessment, had been provided by the employer MB Air Systems.

"Equally, GT Precision Products Ltd should not have allowed the work to commence without the proper access equipment.

"Falls from height are a major cause of death and serious injury in the workplace. The consequences affect not only the victims, but their families and the community, and thus work at height should be carefully planned, the right equipment identified and used. Where companies have contractors on site, the work of contractors must also be properly monitored."

Safety failings led to asbestos exposure at Dorset school

The unsafe removal of asbestos insulation boards at a large independent school in Dorset led to several people being exposed to asbestos fibres, Dorchester Crown Court heard today (13 July).

The Health and Safety Executive (HSE) prosecuted Sherborne School and Peter Eldridge, the director of a company responsible for the refurbishment project, after an investigation found they had failed to identify and prevent the risk of asbestos exposure at the school.

Asbestos insulation boards were removed in an unsafe way, exposing building contractors and a teenage work experience student to asbestos fibres, and leaving them at risk of developing serious and potentially fatal diseases later in life.

The HSE investigation found that from the initial design stages in May 2008 right through to undertaking the construction work in July 2009, there was inadequate planning and a failure to carry out a full asbestos survey.

This was despite the fact that a sample taken from the building in 2008 had identified its presence and asbestos had previously been removed from other parts of the school. An asbestos register was also kept for the school buildings.

The court heard that neither Mr Eldridge nor the school had appointed a Construction Design and Management (CDM) coordinator for the refurbishment project, despite it being a requirement of the Construction (Design and Management) Regulations 2007 for a project of this size.

The CDM coordinator would have ensured a full refurbishment and demolition asbestos survey was completed in advance of construction work. Licensed asbestos contractors could then have been appointed to safely remove it.

Sherborne School pleaded guilty breaching Regulation 4(8) of the Control of Asbestos Regulations 2006 and Regulation 14 of the Construction (Design and Management) Regulations 2007 at a previous hearing before Weymouth Magistrates. The school was fined a total of £60,000 and ordered to pay £13,000 in costs.

Peter Eldridge, of Long Street, Sherborne, Dorset, also pleaded guilty at Weymouth Magistrates to breaching Section 37 of the Health and Safety at Work Act for his neglect as an individual director. He also pleaded guilty to breaching Regulations 11(3) and 18(1) of the Construction (Design and Management) Regulations 2007 for contributing to the failings of his company. He was fined a total of £10,000 with costs of £6,000.

Speaking after the prosecution, HSE Inspector Joanna Teasdale, said:

"Both Peter Eldridge and Sherborne School knew about the risks posed by the presence of asbestos in the school buildings, and yet they failed to manage the risk of exposure to asbestos fibres during the refurbishment project.

"As a result several people, including at least one teenager, were put at unnecessary risk. In being exposed to asbestos fibres they could develop a serious and potentially fatal illness.

"Although Sherborne School was the client, it still had a duty to manage the control of asbestos on its site, and to be aware of the requirements of removing asbestos safely.

"This incident and the risk to those involved could have been easily avoided if competent people had been engaged during the planning of the refurbishment project to advise the school, such as a CDM coordinator."

Recycling firm fined after worker breaks arm

A Birmingham metal recycling company has been prosecuted after a worker trapped and broke his arm in an unguarded conveyor belt.

The 28 year-old man, from Blackheath, employed as a recycler, was attempting to retrieve a piece of scrap metal that had got stuck in the conveyor at Hawkeswood Metal Recycling Limited, based in Nechells, on 20 April 2010.

Birmingham Crown Court heard today (26 July) that he initially used a mop and then his right hand to free the metal.  However his glove got caught between the conveyor belt and a rotating roller, dragging his arm into the machinery.

As well as breaking his right arm, he also suffered soft tissue damage to his wrist. The worker, who does not want to be named, was only able to return to work nine months after the incident, due to his injuries.

An investigation by the Health and Safety Executive (HSE) found there was no guard in place to protect employees from dangerous moving parts of the conveyor belt.

 HSE inspector Ed Fryer said after the hearing:

"There is no excuse for companies to operate without protecting employees from dangerous parts of machinery. The requirement for guarding is common knowledge and the risks are obvious.

"The failure to protect workers has serious consequences, and in this particular incident caused painful injuries that could have been avoided by putting a simple guard in place."

Hawkeswood Metal Recycling Limited, of Trevor Street, Birmingham, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 for its failings. The company was fined £50,000 and ordered to pay  £10,056 in costs