Companies warned to ensure hot and cold water systems are not a legionella risk

Leisure centres with spa pools and care homes are among the businesses being urged to do more to protect workers and members of the public from legionella risks.

The Health and Safety Executive has issued a safety notice targeting companies and organisations that use hot and cold water systems for bathing and washing or in manufacturing processes.

It follows the publication of a separate notice in July aimed at companies with cooling towers and evaporative condensers. These were identified as the most common source of significant outbreaks based on an HSE review of data going back 10 years.

The latest notice stresses the need for measures to be in place to control identified legionella risks and that these are reviewed regularly.

HSE's legionella expert Paul McDermott said:
"Companies and businesses have a legal responsibility to ensure they're doing all they can to protect workers and the public.

"While the numbers of people potentially affected by poorly maintained water systems and spa pools are likely to be smaller than poorly maintained cooling towers, there can still be fatal consequences. These can't be ignored."

"The information and guidance on managing legionella risks is well-established and readily available. Control measures should be in place and under regular review.

"The safety notice is not asking employers to do anything more than they should be doing already."

Following the HSE review of outbreaks commissioned in 2011, HSE and local authorities are developing a range of initiatives to promote better control of legionella risks.

These will include ongoing work with industry to bring about sustained improvement in standards, advice and information events. It will also include some compliance checks as a follow up to the safety notices where the impact of poorly managed legionella risks could be greatest.

Redhill company fined £167,000 over worker's death

A Redhill-based construction company has been ordered to pay £210,000 in fines and costs after an employee died following an explosion on a construction site in central London. The explosion occurred following damage to an 11,000 volt live cable within an excavation.

Ioan Boboc, 22, a construction operative from north-west London, suffered burns over 60% of his body whilst he and other workers were using breakers and a shovel within the excavation at the corner of Charing Cross Road and Tottenham Court Road on 2 December 2008.

Southwark Crown Court heard (20 Sept) that Birse Metro Ltd had not informed workers that there were live cables in the excavation and that the company had failed to put adequate measures in place prevent them from coming into contact with the cable. Mr Boboc died of his injuries on Christmas Day 2008.

Birse Metro Ltd of Station Road, Redhill, Surrey, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £167,000 and ordered to pay £43,000 in costs in the case brought by the Health and Safety Executive (HSE).

After the hearing, HSE inspector Lisa Chappell, said:
"The dangers associated with live underground cables are well-known to those carrying out groundworks in the construction industry. Clear guidance on avoiding contact with them is freely available to companies undertaking this work.

"This incident highlights the absolute necessity for such work to be properly planned and managed. Operatives should be briefed on the presence of cables and a safe system of working should be robustly enforced. Mr Boboc's family continues to grieve the loss of a son and brother following an incident that could have easily been prevented."

Leading UK snack food manufacturer in court

Walkers Snack Foods Ltd has been fined after a 400 kilogramme block of compacted snack waste fell on a worker, breaking his leg.

 

The block of compacted waste involved in the incident

 

The employee, who has asked not to be named, was working as a forklift truck driver at the company's site in Newark Road, Lincoln, when the incident happened on 17 December 2010. He was trying to put the block into a wheeled bin when the bin overturned and the compacted waste landed on him, fracturing his lower left leg.

Lincoln Magistrates' Court heard today (17 September) that waste pellets from the Quavers production line ran off a machine into a magnum bin - a large plastic box with slots underneath for the forks of a forklift truck. The pellets solidified into a large block, which could not be dug out of the magnum so the worker and a colleague used the forklift to turn the magnum over so the block fell out.

But as the block was then lifted into the wheeled bin, it became stuck at the top. When the two men attempted to move the bin, it tipped over causing the block of pellets to fall onto the employee.

He was off work for 15 weeks but has since returned to work with the company.
The Health and Safety Executive (HSE) told magistrates that the work had not been properly planned, supervised or carried out in a safe manner.
Walkers Snack Foods Ltd, of Theale, Reading, Berkshire, pleaded guilty to breaching Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 and Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998. The company was fined a total of £20,000 and ordered to pay costs of £10,000.

After the hearing HSE Inspector Scott Wynne said:
"The task of devising a method to dispose of the waste pellets had been given to an agency worker who did not have the experience or training required to allow him to properly plan how the task should be carried out. As a result it was carried out without supervision and, as the injuries to the employee suggest, the task was not carried out in a safe manner.

"Walkers Snack Foods Ltd also failed to properly assess the risks associated with the task, which should have formed an important part of the planning process. As such the risks were not fully appreciated by those workers involved in the task, and a man suffered serious injury."

Illegal gas fitter put lives in danger in Rochdale

A Rochdale man has been sentenced after he put lives at risk by illegally carrying out gas work at three homes in the borough.

Paul Gregory was prosecuted by the Health and Safety Executive (HSE) after he left a newly installed gas hob in a condition classified as 'immediately dangerous' at one house on Holmes Street in Rochdale.

Trafford Magistrates' Court heard today (14 September) that Mr Gregory had installed a new boiler and gas hob at the property during a four-month period last year, despite not being a registered gas fitter.

Shortly after the installation had been completed, the owner of the house contacted National Grid to get the gas meter changed from a pay-as-you-go to a conventional meter.

While at the property, a National Grid engineer spotted several problems with the gas work carried out by Mr Gregory and found the gas hob to be in a dangerous condition. He immediately capped off the supply to the hob.
The court was told Mr Gregory had also carried out gas safety checks for a landlord at properties on Garden Street in Milnrow and Hendriff Place in Rochdale on 21 March 2011.

He used a fake Gas Safe Register number when completing the formal documents on the checks, giving the impression they met strict legal requirements.
Paul Gregory, of Hollin Lane in Middleton, pleaded guilty to five breaches of the Gas Safety (Installation and Use) Regulations 1998. He received a community order requiring him to carry out 300 hours of unpaid work in the next 12 months, and was ordered to pay £2,279 in prosecution costs.

Speaking after the hearing, HSE Inspector Philip Strickland said:

"Paul Gregory put lives at risk at three properties in Rochdale by falsely claiming he was registered to carry out gas work.
"Landlords rely on annual gas safety checks to make sure their properties are safe, but the checks Mr Gregory completed were worthless. He also left the gas hob at one house in a dangerous condition, and it is only luck that no one was injured as a result.

"Gas work has the potential to cost lives if it is not carried out by qualified gas fitters. We will therefore continue to prosecute anyone who ignores the law."
Paul Johnston, Chief Executive of Gas Safe Register, added:
"A quarter of a million illegal gas jobs are carried out every year by people who don't have the skills or the qualifications to work safely with gas.

"It's therefore vital that people always make sure the person working on their gas appliances is on the Gas Safe Register. If they don't, they could be putting their family's lives and homes at risk from gas fires, explosions, leaks and carbon monoxide poisoning.

Company fined after worker suffers horrific head injuries

A West Midlands company has been fined after a worker suffered severe head injuries in a pneumatic metal press.

Wayne Hill, a maintenance engineer at H&E Knowles (Lye) Limited, was repairing the press when it unexpectedly started working and crushed his head. He was trapped for around ten minutes before colleagues were able to free him.
His nose and jaw were broken, his upper lip ripped off and he bit through his tongue. Mr Hill, 42, of Lye, Stourbridge, also sustained lacerations to the back of his head and neck, muscular damage to his left arm, severe neck pain and scratches and bruising to his left side.

He needed extensive reconstructive surgery and has been left with reduced sensitivity in his upper lip and nose, pain in his teeth and scarring to his shoulder. He underwent counselling after suffering nightmares and flashbacks.
Mr Hill was off work for nearly five months but has since returned to the company.

A Health and Safety Executive (HSE) investigation into the incident, which happened at the company's Talbots Lane site in Brierley Hill, West Midlands on 18 August 2011, found the machine had a faulty interlocking guard.

Dudley and Halesowen magistrates heard the press, which takes a sheet of metal and forms it into a wheelbarrow body, should not have been able to operate if the door was open but the fault meant the machine did not detect this.

The court was also told that the machine was designed and built by the company 25 years ago. No technical drawings or any other documentation existed and an adequate risk assessment had never been carried out. The machine regularly broke down and maintenance staff were left to fix it with no instructions.

H&E Knowles (Lye) Ltd, of Waterfall Lane, Cradley Heath, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £18,000 with £7,220 costs.

Speaking after the hearing HSE inspector John Glynn said:
"Mr Hill was extremely lucky not to have lost his life in this entirely preventable incident. The company should have provided safe equipment and a safe system of work for its staff. Instead, it failed almost entirely to comply with health and safety legislation in that it designed, built and operated a dangerous piece of machinery.

"There was a grossly inefficient assessment of risk, inadequate controls and a lack of supervisory oversight that exposed staff to terrible risks and left a man with horrific injuries."

Monmouth roof refurbishment company prosecuted after worker's ladder fall

A Monmouth roof refurbishment company has been fined after an employee was injured in a six-metre fall from the roof of a house in Cirencester.

Cheltenham Magistrates' Court heard today (17 September) that 26 year-old Lee Hanson, from South Shields, was using a roof ladder as he replaced tiles when the incident happened on 28 October 2011.

He lost his footing and fell six metres breaking his fall on a bush before he hit the ground. Mr Hanson broke his right wrist and suffered cuts and bruising. He was in hospital for two nights and was unable to return to work for six weeks.
An investigation by the Health and Safety Executive (HSE) found that Mr Hanson's employer, Newlook Roof Coatings Ltd, failed to provide the protection necessary to safeguard workers at height.

The court heard that Newlook Roof Coatings had been served with a Prohibition Notice earlier in 2011 after a fitter was found working on a two-storey property in Newnham, Gloucestershire, without any edge protection. The notice prevented any further work anywhere in the country until sufficient safety measures had been put in place by the firm.

HSE had also given guidance and information on roof work, yet this had not been fully implemented.

Newlook Roof Coatings Ltd of Singleton Court, Wonastow Road, Monmouth, pleaded guilty to breaching sections 4(1)(a) and 4(1)(c) of the Work at Height Regulations 2005 and was fined a total of £10,000 and ordered to pay costs of £4,500.

Speaking after the prosecution, HSE Inspector Sue Adsett said:
"Mr Hanson was lucky to have had his fall broken by a bush. Falls from height, and particularly in the construction industries, have caused many deaths and major injuries over the past 12 months.

"This incident could have easily been prevented by providing scaffolding on the property for the duration of the work. It is a reminder to all companies who expect their employees to work at height of their legal duties to manage safety and provide the protection required to safeguard them from falls."

Merseyside firm in court over life-threatening fall

A Merseyside firm has been sentenced after a worker received life-threatening injuries when he fell from scaffolding at a Croxteth sports centre.

 

The scaffolding tower the worker fell from.

 

The 43-year-old man from West Derby, who has asked not to be named, suffered a brain haemorrhage, fractured skull and collapsed lung in the incident at Croxteth Sports and Wellbeing Centre on 18 January 2011. His injuries also included a broken collar bone, ribs, wrist and fingers.
The worker was in intensive care for two weeks and his brain injury has had a long-term impact on his personality. He has also been unable to return to work as a result of his injuries.

His employer, CME Ceilings Ltd, was prosecuted by the Health and Safety Executive (HSE) after an investigation found the scaffolding tower the company provided for the job was unsafe.

Liverpool Magistrates' Court was told today (18 September 2012) that the firm had been hired to install a suspended ceiling at the sports centre on Altcross Road in Croxteth but had made a last-minute change to its plan.
It had originally intended to use a scissor lift to reach the ceiling but did not arrange for the equipment to be delivered to the site, and so used a scaffolding tower instead.

The court heard the brakes on the wheels of the scaffolding tower had not been applied to stop it moving and there was no edge protection, including boards and rails, around the work platform to prevent employees falling off.
The man fell more than two metres to the concrete floor below when the tower started to move across the room as he was working.
The HSE investigation found the scaffolding tower had been made up of parts from several different manufacturers, all of which were in a poor or damaged condition.

CME Ceilings Ltd pleaded guilty to breaching the Health and Safety at Work etc Act 1974 by failing to ensure the safety of employees. The company, of Domville Road in Broad Green, was fined £5,000 and ordered to pay £5,000 in costs.

Speaking after the hearing, HSE Inspector Mark Baker said:
"One of CME Ceiling's employees has suffered severe physical and mental injuries that will affect him for the rest of his life.

"The scaffolding tower the company provided simply wasn't up to the job and his life was put in danger the minute he started to climb it.
"This case should act as a warning to firms not to cut corners and to make sure they use the right equipment for the job they're doing."

Firm fined for worker's fall from height

A firm which hires out equipment for working safely at height, has been fined after a worker suffered multiple injuries when he fell from a cherry picker.

The Health and Safety Executive (HSE) prosecuted UK Platforms Ltd following the incident at the company's depot in Halesfield, Telford.

Telford Magistrates' Court heard how the 42-year-old man, who does not want to be named, was standing on the cherry picker's engine canopy to repair the mechanical arm when he fell two metres, landing on a concrete floor.

He suffered a compression fracture to his skull, which caused bleeding on his brain, and fractured four vertebrae, four ribs and his collarbone.

He was in hospital for nearly two weeks and has not been able to return to work since the incident on 28 March 2011.

HSE's investigation into the incident found UK Platforms had failed to plan or supervise the work properly and there was no protection to stop the man from falling from the machine.

UK Platforms Ltd, of Stafford Park 1, Telford, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005 and today (11 September) was fined £8,000 and ordered to pay £5,888 costs.

HSE inspector Katharine Walker said after the hearing:

"Almost a year after this entirely avoidable incident, a man is still unable to work and may not make a full recovery from these life-changing injuries.

"Companies must ensure that work at height is properly planned and supervised and carried out safely to prevent falls. If UK Platforms had used another powered access platform alongside the cherry picker, the incident would never have happened.

"It is unacceptable to see such failings, particularly as UK Platforms hires out access equipment for working safely at height and therefore should have known how to carry out this job.

Trailer firm in court over serious crush injuries

A firm, which designs and manufactures trailers for commercial vehicles, has been sentenced after a worker was seriously injured when he was crushed underneath a lorry when the tuck-away tail-lift closed on him.

Mark Dimmock, 28, had only been working for Don-Bur (Bodies & Trailers) Ltd for one week at the company's site on Mossfield Road, when the incident happened on 28 June last year.

He suffered internal bleeding, two crushed vertebrae and had to undergo surgery to remove part of his bowel.

The company was prosecuted by the Health and Safety Executive (HSE) after an investigation found it had failed to formally plan the work, undertake a risk assessment, ensure suitable systems of work were in place or provide suitable training or instructions.

Stafford Magistrates' Court heard today (12 September) that the agency worker had been working underneath the lorry to fit a tuck-away style tail-lift, used to raise heavy items onto the trailer.

The court was told that, due to a mistake in the wiring, the lift had been directly connected to the vehicle's motor. This meant that when other employees turned on a portable power supply to fit electrical components to the vehicle, the lift began to close in on the worker.

Mr Dimmock has been able to return to work on short temporary contracts following the incident but can only perform light duties.

He is struggling to go back to his normal job as a fitter in the oil refinery business, due to the work being physically demanding, and is always likely to suffer some degree of pain and difficulty with his back.

Don-Bur (Bodies & Trailers) Ltd, of Mossfield Road, Stoke-on-Trent, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of workers. The company was fined £14,000 and ordered to pay costs of £4,233.

After the hearing, HSE inspector Lyn Mizen said:

"The dangers of moving machinery are well known and this case illustrates the serious consequences of failing to suitably manage and control the risks in the workplace.

"Mark suffered an horrific experience and life-changing injuries, the results of which will stay with him forever.

"The company had failed to complete a suitable and sufficient risk assessment for this work activity. This would have identified the need for simple procedural safeguards and systems of work to protect their workers. In short, this incident could easily have been avoided."

Firm fined after worker hurt on unguarded machinery

An  engineering firm has been fined after an employee was injured on an unguarded machine.

The employee, who has asked not to be named, was making a cut in a component on a horizontal borer at MNB Precision Ltd on 20 May 2011 but as he reached over to check the cut, his sleeve came into contact with the rotating part. He was thrown over the top and suspended upside down when his belt caught on the component.

The 56-year-old, suffered minor lacerations, cuts and bruising to his right arm, side and leg and lower back. He returned to work for the company after about a month.

An investigation by the Health and Safety Executive (HSE) found the borer had never been fitted with a guard, despite having been in the factory for more than 15 years.

MNB Precision Ltd, of Falkland Close, Charter Avenue Industrial Estate, Canley, Coventry, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. Coventry magistrates today (11 September) fined the firm £18,000 and ordered it to pay full costs of £3,356.

After the hearing, HSE inspector Matthew Whitaker said:

"Workers should not be able to access dangerous moving parts of machinery. To have not installed a guard on this machine was a serious failing and one which resulted in a man suffering a painful injury in what must have been a frightening incident.

"It's not unusual for an incident like this to result in a fatality so the employee was very lucky. The company has since fitted guarding but it is disappointing they did not do so before it happened."

Company fined after workers and public exposed to asbestos risk

 
A property restoration and development company has been fined after workers and the public were exposed to asbestos in a Lincolnshire town.

J Hodgson and Sons Ltd, of Carre Street, Sleaford, disturbed asbestos insulating board during refurbishment work at the former White Hart pub in Southgate in the town between March and June 2011.

The company placed the material in an open skip close to a busy thoroughfare in the early stages of stripping out the building. A surveyor visiting the premises reported this to the Health and Safety Executive (HSE), which immediately served a Prohibition Notice stopping all work at the site until the firm employed a licensed asbestos removal company to take the material away.

At Lincoln Magistrates' Court today (10 September), J Hodgson and Sons Ltd pleaded guilty to two separate breaches of the Control of Asbestos Regulations 2006 for failing to prevent the spread of asbestos and exposure to it. The company was fined £2,000 and ordered to pay costs of £2,000.

After the hearing, HSE inspector Sam Russell said:

"The company first put workers' health at risk by disturbing asbestos and then that of the public by putting the insulation board in an open skip close to a busy thoroughfare between a car park and Sleaford's main shopping area

Suspended jail term for director of Kent firm who ignored asbestos safety

The director of a Bromley firm has given a suspended jail sentence after removing asbestos without a licence and deceiving the householders by providing a doctored air test saying the room was safe to re-enter.

The Health and Safety Executive (HSE) investigated the circumstances of the incident and brought the prosecution against Mr Peter Horrey under the Control of Asbestos Regulations 2006.

Southwark Crown Court was told today (13 Sept) that Absolute Asbestos Ltd was hired to take out all the asbestos insulation from the boiler room of a home in Camden. Mr Horrey, the sole director of the firm, did the work over eleven days in July last year.

As well as being unlicensed to remove asbestos, Mr Horrey failed to effectively clean and decontaminate the area. He left visible fibres that were a danger to the householders and to the plumbers, who were due to start work in the boiler room.

After he was finished, an analyst who went to take an air test provided him with a certificate clearly showing the site had failed. However, Mr Horrey provided a doctored report to the owners indicating it had passed the test and was safe for them to re-enter, which they did.

Mr Horrey, of Jackson Road, Bromley, Kent, had pleaded guilty at an earlier hearing to three breaches of the asbestos regulations between 18 and 29 July 2011 at Greencroft Gardens, NW6. He was given six months' prison sentence on each charge, to run concurrently and suspended for two years; 300 hours' unpaid community service; given an electronic curfew between 9pm and 6am for three months; ordered to pay £11,340 to the affected Residents' Association in Camden and ordered to pay £10,160 costs.

After sentencing HSE Inspector Dominic Elliss, who investigated the incident, said he was appalled by Mr Horrey's reckless disregard for safety in the full knowledge of the dangers caused by exposure to asbestos.

"He operated outside the safeguards provided by a licensing regime, failed to clean and decontaminate the work area and then lied to the residents of the property by providing an altered air safety test done by an analyst and informing them it was clear to re-enter.

"He clearly set out to deceive these householders but, worse than that, he was apparently content to put them and the plumbers who had been booked shortly afterwards at risk.

"Asbestos is not an historical threat. It is the single greatest cause of work-related deaths in the UK and the dangers are well-known in the construction and property industries. That is why there is a well-established licensing system with companies who are fully trained and experienced in dealing properly with asbestos of all types."

Construction sites fail safety inspections

One in every five of the construction sites visited by inspectors in South Cumbria last week failed safety checks.

The Health and Safety Executive (HSE) carried out two days of intensive inspections in South Lakeland and Barrow on Thursday 6 and Friday 7 September, and found eight of the 40 sites visited failed to meet the legally required standards for health and safety.

Inspectors issued nine Prohibition Notices stopping particular work activities immediately, and six Improvement Notices requiring changes to be made to working practices. The majority of the notices related to work being carried out at height, without suitable safety measures in place.

Falls from height remain one of the most common causes of workplace deaths and injuries in Great Britain, and raising awareness of the issue was one of the main purposes of the inspection initiative.

Inspectors also looked at the general state of sites, structural stability, public protection, fire safety and asbestos issues during the checks which targeted sites where refurbishment or repair work is taking place.

HSE Inspector Allen Shute said:

"It's an alarming statistic that, on average, a construction worker is killed or suffers a major injury in Cumbria every nine days.

"The latest inspections we carried out in the southern part of the county show that the majority of companies are doing everything they can to protect workers, but sadly the persistent minority are letting down the rest of the industry.

"Construction work, by its very nature, has risks so it's therefore vital employers do all they can to make sure lives aren't put in danger."

Firm fined after worker lost finger in recycling machinery

A worker lost a finger when it was crushed in machinery as safety procedures were ignored at a recycling centre in Wales.

GLJ Recycling Ltd appeared before Caerphilly Magistrates Court in a prosecution brought by the Health and Safety Executive and were fined £6,000 and ordered to pay £5,000 in costs for breaching the Health & Safety at Work Act 1974.

The court heard that GLJ employee, Rhys Dee, of Treowen, Caerphilly who was 19 years old at the time, was working on a baling machine at Oakdale on 14 April, 2011.

He was helping to crush domestic copper boilers in the machine by standing in front of it to pick up pieces of copper and feed them into the baler to speed-up the process while a colleague operated the machine.

However, industry guidance states that only one person should operate the machine from behind the guard to prevent injury.

HSE Inspector, Dean Baker, speaking after the hearing, said: "This serious accident could have resulted in much more severe injuries for Mr Dee.

"GLJ Recycling Ltd were aware of the guidance but encouraged the use of the machine with two people."

HSE warning over waste and recycling summer death toll

The Health and Safety Executive (HSE) is warning the waste and recycling industry to renew efforts to improve worker safety, following a spate of deaths over the summer.

Nine lives were lost in separate incidents in just 12 weeks between June 2012 and September 2012. Half of the deaths occurred in skip hire and waste transfer premises.

Heather Bryant, HSE's Operations Director and lead for HSE's waste and recycling strategy, said:

"These fatal accidents should be a stark reminder for all employers in this sector to check their controls on use of vehicles and equipment, and to make sure that staff are properly trained and supervised.

"We will not hesitate to take action if we find evidence that lives are being put at risk.

"There is no room for complacency in this sector - close attention must be given to equipment like compactors and skip vehicles."

Warrington worker struck by forklift at recycling plant

A recycling firm, which ignored warnings about safety at its plant in Warrington, has been sentenced after a worker was struck by a forklift truck.

The truck was carrying a large bale of crushed aluminium cans when it hit the 43-year-old man as he walked across the warehouse floor at the site on Thelwall Lane in Latchford. The worker, who doesn't wish to be named, suffered damage to his ankles and feet.

Novelis UK Ltd was prosecuted by the Health and Safety Executive (HSE) following the incident on 18 November 2010.

Warrington Magistrates' Court heard today (5 September 2012) that HSE inspectors had given Novelis advice about improving the vehicle and pedestrian segregation four months before the incident. Workers at the plant had also previously raised concerns about the issue.

The court was told forklift trucks were regularly used in the warehouse, but there was not an adequate system in place to keep vehicles away from pedestrians.

Novelis UK Ltd pleaded guilty to a breach of the Workplace (Health, Safety and Welfare) Regulations 1992 by failing to ensure workers and vehicles could move safely around the site. The company was fined £6,000 and ordered to pay £3,365 in prosecution costs.

Speaking after the hearing, HSE Inspector Martin Heywood said:

"Novelis received previous warnings from HSE and its own workers about how vehicles operated in the warehouse, but it failed to act on these.

"The company didn't carry out a proper assessment of the risks and, as a result, there was no system for keeping forklift trucks away from pedestrians.

"It has since made significant improvements and forklifts can now operate safely within the warehouse. However, it's disappointing that it took the injury of a worker for these changes to be made."

Contractor fined after worker left severely brain damaged

 

A Darlington contractor has been fined after a worker was left severely brain damaged following a fall from a house roof.

Mark Lambton, 50, from Darlington, was working for James Wilson, trading as J Wilson Home Improvements, when the incident happened on 2 July 2011.

Mr Wilson had secured work to replace roof tiles, point ridge tiles and fit a dry verge system to the gable end of a house in Wheeldale Close, Darlington. Mr Lambton and a third man were hired to assist.

Darlington Magistrates' Court heard today (5 September) that Mr Lambton was on the roof clearing concrete debris and fell around six to seven metres while attempting to move onto a set of ladders at the gable end of the property. He landed on the path at the side of the property.

He was rushed to hospital and was placed in a drug-induced coma for more than two months. He remains severely brain damaged, in a vegetative state with no likelihood of improvement.

An investigation by the Health and Safety Executive found the manner in which the work was carried out was unsafe as there were no precautions to prevent the workers from falling from the roof.

James Wilson, trading as J Wilson Home Improvements, 53, of Mallard Road, Darlington was fined £12,000 and ordered to pay £3,000 costs after pleading guilty to breaching Regulation 4(1)(c) of the Work at Height Regulations 2005.

Speaking after the case, HSE Inspector Emma Scott, said:

"The dangers of death and serious injury associated with falls from height during roof work are well known, and allowing such work to be carried out without any safety measures is totally unacceptable.

"This incident could have been easily avoided if appropriate edge protection and safe access had been put in place to prevent falls. Instead, Mr Lambton has suffered life-changing injuries that have left him in a vegetative state with no likelihood of improvement or recovery."

Changes to approved methods of roof tile cutting to protect against silica dust

From 1st October 2012, contractors will no longer have the option of using a cut-off saw to dry cut valley tiles.

In a bid to reduce the risks from silica dust, industry has supported changes to working methods which mean that, should a cut-off saw be used for cutting valley tiles, water suppression as well as the correct RPE will also be expected. This is in line with the controls currently in use for cutting tiles in other sections of the roof.

Contractors do have the option of using other methods as long as they can demonstrate these are equally as effective at controlling the silica risk.

More information about this can be found on the National Federation of Roofing Contractors (NFRC) website .

Note: This is not a change to the law. The Health and Safety at Work etc. Act 1974 and the Control of Substances Hazardous to Health Regulations 2002 (as amended) still apply in the same form. Inspectors can take enforcement action should they find that risks from silica are not being managed effectively to comply with the law.

The changes to working methods result from recent work by HSE to monitor the exposure of roofers to silica dust. This has shown that levels of silica dust created when dry cutting valley tiles are much higher than published safety limits. This means that a high standard of control is needed.

Silica is a natural mineral present in large amounts in many construction materials like concrete roof tiles. The silica is broken into very fine dust (also known as Respirable Crystalline Silica or RCS) during common tasks such as cutting. Regularly breathing in this dust can cause serious lung disease like silicosis and lung cancer. Recent HSE research has estimated that silica may be responsible for the deaths of over 600 people each year who have worked in construction

Liverpool rubber firm sentenced over burn injury

A Liverpool rubber manufacturer has been fined for safety failings after an employee seriously injured his hand when it became trapped in machinery.

Robert Devonport was left with a severe burn to his left hand and a crush injury to his thumb as a result of the incident at Ley Rubber Ltd's former site on Bridgewater Street on 6 December 2010.

The company was prosecuted by the Health and Safety Executive (HSE) after an investigation found there was no guarding on the machine to prevent employees' hands being trapped.

South Sefton Magistrates' Court was told today (6 September) that the 47-year-old, from Toxteth, was making adjustments to a machine while it was running on a timed cycle.

The machine was operating at temperatures of around 200 degrees Celsius to connect two pieces of rubber together when the metal clamps which hold the rubber moulds in place were released.

The top left clamp trapped Mr Devonport's left hand against the machine's control panel, causing his injuries. He was taken to the Royal Liverpool Hospital for treatment and needed nine months off work to recover.

Ley Rubber Ltd pleaded guilty to a breach of the Management of Health and Safety at Work Regulations 1999 by failing to carry out an assessment of the risks employees faced while using the machine.

The company, which has since moved to Knowsley Industrial Estate on Admin Road in Kirkby, was fined £15,000 and ordered to pay £3,518 in prosecution costs.

Speaking after the hearing, HSE Inspector Phil Redman said:

"Robert Devonport still has difficulty using his left hand nearly two years on from the incident.

"If Ley Rubber had carried out a proper assessment of the risks its employees faced then it would have been able to indentify the need for guards to be installed on the machine.

"The firm was able to fit suitable guards just two days after we visited the site, but if they had been in place at the time of the incident then it could have been avoided altogether."

Engineering firm sentenced over severed fingers

 

A Skelmersdale firm which makes outdoor shelters has appeared in court after an employee lost parts of three fingers when his hand became trapped in a forklift truck.

PRF Engineering, which manufactures shelters for bikes and supermarket trolleys, was prosecuted by the Health and Safety Executive (HSE) following the incident at its factory on Grimrod Place on 19 May 2011.

The forklift truck which caused the worker's injuries

Ormskirk Magistrates' Court heard yesterday, Monday 3 September, that the 36-year-old worker from Kirkby, who has asked not to be named, had been helping to transport a three metre-wide metal sheet when he was injured.

He and a colleague stood on top of the sheet to stabilise it on the prongs of the forklift so it could be moved, but as the sheet was lowered the worker's left hand became trapped.

He was taken to hospital by ambulance where his fingers were reattached but has only been able to regain partial use of his hand.

The court was told the company had failed to carry out a proper assessment of the risks faced by their workers. It should not have allowed employees to stand on top of the forks and should have found another way to transport the sheets of metal such as using a large metal basket.

PRF Engineering pleaded guilty to a breach of the Health and Safety at Work etc Act 1974 by failing to ensure the safety or employees. It was fined £6,000 and ordered to pay £5,164 in costs.

Speaking after the hearing, HSE Inspector Imran Siddiqui said:

"This incident resulted in an employee suffering permanent damage to his left hand because not enough thought was put into his safety.

"The company should simply not have allowed workers to stabilise sheets of metal by standing on top on them on forklift trucks. It would have been obvious to anyone witnessing this that it was unsafe.

"If PRF Engineering carried out a proper assessment of the risks its employees faced then this incident could have been avoided."

Death of Bradford worker 'avoidable'

 

 

A Bradford firm has been ordered to pay £140,000 in fines and costs after admitting safety failures that led to the death of a 61 year-old worker who was crushed beneath an unsecured racking system.

The collapsed racking system at George Barker & Co, where Jim Murphy died

Jim Murphy died from head injuries when the 'A' frame metal racking unit, weighing more than a quarter of a tonne, toppled over and pinned him underneath. As he fell his head hit part of another machine just feet away. The overloaded unit had not been bolted or secured in place.

Mr Murphy, of School Green Avenue, Thornton, had worked for refrigeration company George Barker & Co. (Leeds) Ltd for nine years.

The incident at the firm's factory in Highfield Road, Idle, on 1 December 2009, was investigated by the Health and Safety Executive (HSE), which uncovered a 'catalogue of errors'.

Bradford Crown Court was told today (6 September) that Mr Murphy had been asked to help dismantle the stacking system so that the area in the premises could be reorganised. He was kneeling on the floor in an aisle removing labels from various parts when the unit next to him toppled. Mr Murphy's head hit a raised part of another machine nearby.

The court heard the racking was not bolted to the floor and other employees had started to use it to shelve components, making it increasingly unstable. HSE found there was no system at the company to safely move or inspect the racking, no indication of its maximum load and no training given to employees.

George Barker & Co (Leeds) Ltd was fined £110,000 and ordered to pay £30,000 in costs for a breach of Section 2(1) of the Health and Safety at Work etc Act 1974. The company had admitted the offence at an earlier hearing.

After the hearing, HSE Inspector Morag Irwin, who investigated the case, said:

"This was a tragedy that was entirely preventable and was devastating for Mr Murphy's family and, indeed, for the company and what is a close-knit workforce.

"Sadly the case was based on a catalogue of errors on the part of the company. There was no system to manage the racking, no identification of the racks and no inspection regime; no one had properly looked at the risks of the racking system or how to move it and re-install it safely. People joined in and helped out as and when.

"But most importantly there was nothing to identify that the racking was not in use - no warning notice or barrier tape. At some point, workers started to fill it. The more it began to fill, the more dangerous it became.

"I hope this case serves as an important reminder to companies to make sure racking systems are securely fixed and measures are in place to manage them carefully and, in particular, when they are being dismantled.

"George Barker & Co Ltd now has a system in place and has been very responsive to HSE throughout this process."

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."

Property developer admits CDM ignorance 09 August 2012

A property developer has been prosecuted after a routine inspection by the HSE identified a number safety failings at a construction site in Essex.

HSE inspector David King visited the site in Sun Street, Waltham Abbey on 10 February 2011, as part of a targeted programme of construction site inspections.

Stefano Di Piazza was redeveloping two shops to create nine apartments and four shops. On arrival at the site, inspector King saw contractors working on scaffolding, which had sections lacking in edge protection.

There were also no measures in place to prevent workers from falling through window openings on the second floor of the building. The HSE issued a Prohibition Notice to Di Piazza, ordering work to stop until adequate edge protection was put in place.

Di Piazza had failed to appoint a CDM coordinator for the project and didn't notify HSE about the work. The inspector also identified multiple slip and trip hazards at the site.

Di Piazza appeared at Chelmsford Magistrates' Court on 7 August and pleaded guilty to breaching reg.4(1), reg.9(1), reg.14(1), and reg.21(1) of the Construction (Design and Management Regulations) 2007. He was fined a total of £10,000 and ordered to pay £5741 in costs.

In mitigation, he said he had no previous experience of developing properties and was not aware of the CDM requirements. He added that he had no previous safety convictions.

After the hearing, inspector King said: “Developers have a big influence on how work is done safely and they have legal duties as the construction client. They have to appoint the right people, provide information to the team, and make sure there are suitable management arrangements and a health and safety plan in place.

“Mr Di Piazza blatantly disregarded the importance of a safe working site, leaving the workers at Sun Street in serious and unnecessary danger.”

In June, the principal contractor for the project, Isidor Cata, trading as Doru Construction, pleaded guilty to breaching reg.6(3) of the Work at Height Regulations 2005, and section 33(1)(g) of the HSWA 1974 for breaching a Prohibition Notice. He was fined £2000, plus £1500 in costs

Public will be better informed about major-hazard risks 14 August 2012

New rules came into force on the 13 August aimed at providing better information for EU citizens about major threats posed by industrial plants in their immediate vicinity.

The changes are part of an update of the Seveso Directive, which is being adapted to reflect recent changes in the international and European classification of chemicals. The Directive, which was first introduced in 1982, obliges Member States to draw up emergency plans for areas surrounding industrial installations where very large quantities of dangerous substances are to be found.

The revisions mean that all establishments covered by the legislation will need to provide electronically available information about how alerts will be sounded, and about how the public should act in the event of a major accident. In such an event, the relevant authorities will need to inform anyone likely to be affected by it and explain the main measures taken to address it.

Changes to land-use planning laws will see the introduction of an appropriate ‘safety’ distance in plans for new establishments and infrastructure near existing sites.

When authorities and establishments assess the potential for major accidents and adopt measures to address this, they will need to take better account of the risks arising out of the proximity to other industrial sites and potential repercussions on nearby installations.

The updated Seveso Directive will also impose stricter standards for inspections of industrial sites that fall under the legislation.

Environment commissioner Janez Potocnik said: “Seveso III will mean better protection against major accidents for citizens and the environment. It will also mean that citizens are better informed and more involved in land-use planning decisions.”

Seveso legislation is considered to have been instrumental in reducing the likelihood and consequences of major accidents involving dangerous substances. Between 2000 and 2008 the number of reported accidents fell by 10 per cent, notwithstanding an increase in the number of sites.

Member States will have until 1 June 2015 to align their national legislation with the new rules; the deadline coincides with the date when the new chemicals classification legislation – the Classification, Labelling and Packaging of Substances and Mixtures (CLP Regulation) – becomes fully applicable in Europe.

Health and safety risks of school facilities exposed 03 September 2012

Just under half of teachers responding to a survey on the quality of the school estate believe the building in which they work poses a health and safety hazard.

A total of 2178 teachers from a range of schools across the UK participated in the survey, commissioned by ITV’s Daybreak and the Times Educational Supplement (TES).

One in four teachers conceded that they would not send their children to the school in which they work because of the state of the facilities. Just over half of teachers who responded thought their lessons were made harder by inadequate facilities, with one in five teachers going as far to say that their classrooms were unfit to work in.

A quarter of teachers said their school had been rejected funds for building and renovation work, and of these, a fifth claimed their school had been turned down more than three times. Most teachers (86 per cent) agreed that better facilities would have a positive impact on pupils’ teaching experience and their behaviour.

Gerard Kelly, editor of the Times Educational Supplement, said: “The quality of school buildings are very important to teaching, and it is apparent that there is a need for investment. While one has to accept that we live in straitened times, it is clear that finding cash to refurbish our crumbling schools should be a matter of urgency.”

However, a spokesperson for the Department for Education said the survey questionnaire was biased and failed to give an accurate representation of the state of the UK’s schools.



Added the spokesperson: “We have replaced previous schemes, which didn’t help the schools in the greatest need, and launched the Priority Schools Building Programme to target the worst school buildings first.



“We have also spent £5.5 billion on maintenance of school buildings; by 2015, we will have spent over £17 billion on school building projects and creating new school places to ensure schools meet the needs of their children and teachers.”

Worker's death leads to fines

  

Two companies have been fined after a man was killed when he drove a specialist machine into an unprotected pit in a factory floor.

Martin McMenemy, 52, of Grimsby, was working for O. Turner Insulation Ltd, also of Grimsby, on the construction of a food processing plant in Ratby Lane, Leicester, on 12 April 2008.

He was using a scissor lift, an extendable platform, to install wall and ceiling panels when he drove it unwittingly toward and into the shallow uncovered recess. The vehicle overturned and Mr McMenemy was thrown out of it. He died later in hospital of head injuries.

A Health and Safety Executive (HSE) investigation found that O. Turner Insulation Ltd and principal contractor Clegg Food Projects Ltd, of Nottingham, had failed to take simple precautions to cover the hole.

Leicester Crown Court heard today (24 August 2012) the incident could have been prevented had the hole been covered with a metal plate or cordoned off.

O. Turner Insulation Ltd, of Estate Road No 4, South Humberside Industrial Estate, Grimsby, pleaded guilty to breaching Regulations 13(2) and 37(6) of the Construction (Design and Management) Regulations 2007 and was fined £22,500 with £12,806 costs.

Clegg Food Projects Ltd, of High Pavement, Nottingham, admitted breaching Regulations 22(1)(a) and 37(6) of the same Regulations and was fined £22,500 with £12,674 costs.

After the hearing HSE Inspector Stephen Farthing said:

"This was an entirely preventable tragedy. A family has been left without a father because simple precautions were not taken to eliminate what was an obvious hazard.

"Both companies had a duty to plan, manage and monitor the work being carried out under their control, but failed in that duty."

Firm fined after worker breaks neck and back in roof fall

A housing repair and maintenance company has been fined after a Nottingham worker suffered serious neck and back fractures falling 2.4 metres through a fragile roof.

The employee, 49, who has asked not to be named, needed to wear a body and neck brace for three months after falling head first through an outhouse roof in St Mary's Close, Gedling on 28 July 2010.

The Health and Safety Executive (HSE), which brought the prosecution, told Nottingham magistrates today (28 August) that the work, carried out by Morrison Facilities Service Ltd of Glasgow on behalf of Gedling Homes, had not been properly planned, supervised or carried out in a safe manner by trained staff.

The court heard that two workers were replacing cement sheets on a fragile, flat roof of a single storey outhouse. The employee accessed the roof via the top section of a triple ladder placed across it, with his colleague working from the bottom of the ladder which rested against a wall.

During the work, one of the sheets started to collapse but was left still hanging from the roof. The worker below was able to hang on to this section, while the employee attempted to get off the roof. However, while going back down the ladder, he put his hand on the collapsed sheet and immediately fell straight through it, head first, landing on a concrete floor.

The man spent ten days in Nottingham’s Queens Medical Centre and had to wear a body and neck brace for three months every time he was mobile. He was in constant pain and had to be helped with washing and dressing during this time. He also needed to walk with a stick for several weeks after the incident.

Morrison Facilities Service Ltd, of Tannochside Park, Uddingston, Glasgow, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £18,000 and ordered to pay costs of £5,452

After the hearing HSE Inspector Nic Rigby said:

"Work at height carries significant risk and must be properly planned, particularly when it involves fragile roof surfaces.

"This incident has left a man with life-changing injuries yet it could have been avoided if a suitable and sufficient risk assessment had been carried out. This would have identified the need for this work to have been properly supervised and carried out by trained staff.

"The employee spent several months after the incident not knowing when he would be able to return to work or when life would return to normal."

Firms prosecuted over asbestos danger at Bolton mill

Two companies have been prosecuted after workers were exposed to potentially deadly asbestos fibres at a mill in Bolton.

A pile of damaged asbestos boards stacked up at a mill in Bolton.

The Health and Safety Executive (HSE) took legal action against Hazelwise Ltd and RH Property Management Ltd after finding dozens of damaged asbestos boards stacked up at Brownlow Mill during a visit on 20 October 2010.

Manchester Crown Court heard today (24 August 2012) that neither company had put a plan in place to manage the asbestos in the mill on Tennyson Street, where several small businesses rent units.

HSE became aware of the issue when a contractor on the site raised concerns that asbestos insulation boards had been stripped out of unoccupied floors at the mill, releasing potentially deadly asbestos fibres into the air.

Inspectors issued two Prohibition Notices banning the removal of tools and other items from four floors of the mill in case they had become contaminated with asbestos fibres, and preventing access to the floors.

They also found that asbestos was present in other parts of the mill, occupied by tenants, but nothing had been done to protect it and make sure it was safe.

The court was told the letting agent, RH Property Management Ltd, had raised the issue of the lack of an asbestos assessment in 2006 but did not take any further action. The owner of the mill, Hazelwise Ltd, also failed to arrange for an asbestos survey to be carried out.

Both companies pleaded guilty to a breach of the Health and Safety at Work etc Act 1974 for failing to ensure the health and safety of people at the mill. Hazelwise also admitted a breach of the Control of Asbestos Regulations 2006 by failing to properly assess the risks from asbestos at the site.

Hazelwise Ltd, of Mauldeth Avenue in Chorlton, was fined £40,000 and ordered to pay £8,969 in prosecution costs. RH Property Management Ltd, of Greek Street in Stockport, was fined £15,000 and with costs of £11,011.

Speaking after the hearing, HSE Inspector Philip Strickland said:

"Workers at Brownlow Mill have been exposed to potentially deadly fibres because neither company did anything to find out where asbestos was on the site.

"It is a legal requirement for owners and letting agents of commercial properties to carry out an assessment as to whether asbestos is present in a building, and what action is needed to keep it safe.

"If employers don't take the risks from asbestos seriously, then thousands of people will continue to die in the UK every year as a result of breathing in asbestos fibres."

Asbestos boards were commonly used up until the 1980s to help insulate buildings, to build partition walls and as ceiling tiles. The boards only become dangerous if they are broken up and asbestos fibres are released into the air.

Fibres that are breathed in can become lodged in the lungs or digestive tract, and may lead to lung cancer or other diseases if large numbers of fibres are inhaled. However, symptoms may not appear for several decades.