Mitcham firm fined for rubbish safety
- A Mitcham rubbish clearance and skip company has been fined for ignoring safety warnings, leaving staff working on a site in Croydon at risk.
The Health and Safety Executive (HSE) carried out an inspection at Rubbish Express on Beddington Lane, Croydon, in August 2011 and found that a JCB lift truck had not been thoroughly examined and was operated by staff who had not received adequate training.
The HSE served two Improvement Notices, giving the company until October to provide training and to arrange for a competent engineer to thoroughly examine the telehandler lift truck.
Westminster Magistrates’ Court heard today (14 Nov) that Rubbish Express did not take any action until February 2012.
Rubbish Express Ltd of Graham Road, Mitcham, pleaded guilty to two breaches of the Health and Safety at Work etc Act 1974 by failing to comply with two Improvement Notices. It was fined £5,000 for each charge and ordered to pay £3,500 in costs.
After the hearing HSE inspector Clare Hawkes, said:
"Rubbish Express Limited was given sufficient time to provide suitable training to employees operating the telehandler lift truck and to ensure that it was safe to use and properly maintained. Rather than get on with the work, the company delayed taking basic safety steps to protect workers from the risk of serious accidents.
"No one was injured in this case but incidents involving lift trucks are often due to poor supervision and a lack of training. Improvement Notices should be taken seriously – it is an offence not to comply with them."
Construction company ignored vital safety warnings
- A building firm put the lives of its employees and nearby residents at risk after repeatedly ignoring safety warnings on a redevelopment project in Bristol city centre.
Peak Construction (London) Ltd was working on Riverside House in Welsh Back to convert the upper floors to residential accommodation and adding two new timber framed floors on top of the building.
The site was visited six times by inspectors from the Health and Safety Executive between August and October 2011 following initial concerns raised by members of the public about dangerous working practices.
Bristol Magistrates heard today (14 November) that on each occasion inspectors found a series of failings by the company relating to unsafe work at height, including the use of a mobile elevating work platform without worker harnesses, a lack of edge protection to prevent falls, poorly constructed scaffolding and risks with materials falling from the roof.
Inspectors also identified multiple fire risks, including no fire plan, no means of raising an alarm, no fire extinguishers, no marked emergency escape routes and the use of an open flame gas torch in the timber roof with no fire precautions in place.
Seven Prohibition Notices were served ordering work to stop immediately but some dangerous practices continued.
Peak Construction (London) Ltd, of Takeley Road, Bambers Green, Takeley in Essex pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005 and Regulation 38 of the Construction (Design and Management) Regulations 2007 for failing to make satisfactory safe working arrangements, and for allowing dangerous practices to continue. The company was fined a total of £10,000 and ordered to pay £4,629 in costs.
After the hearing HSE Inspector Steve Frain said:
"Right from the start of the job, the company was warned about its health and safety performance and individual directors were made aware of the initial failings we identified at the site.
"The number of follow-up inspections and interventions we made in this case went far beyond what would normally be required. The same risks were clearly pointed out at each inspection, yet still the company failed to take sufficient action.
"Falls from height are the single most significant cause of death or serious injury within the construction industry and timber frame construction methods pose a greatly increased fire safety risk that requires high standards of management and control throughout a project.
"Although there was no fire on this occasion, a fire on this site carried a high risk of serious injury to the workforce and members of the public.
"These are not minor technical breaches of the law. They show a failure of leadership across the company which led to a high risk of significant injuries."
Company fined after worker falls through riding school roof
- A Knightsbridge facilities and cleaning company has been fined after one of its employees fell six metres through a riding school roof on the Longcross estate in Surrey.
The worker, who does not wished to be named, miraculously escaped with only minor injuries in the fall after a sand-covered floor cushioned his impact.
His employer MB Facilities Management Ltd had been sub-contracted to clean gutters at Lilypond Farm on the estate, near Chertsey, when the incident occurred on 23 March this year.
North Surrey Magistrates' Court heard today (17 October) that the worker was cleaning the stable roof as part of the job when he stepped on a plastic skylight that gave way beneath him. He plunged to a riding arena below, covered with soft sand for the comfort of horses.
An investigation by the Health and Safety Executive (HSE) identified that he had he fallen onto concrete he could have been seriously injured or killed.
HSE Inspectors found that MB Facilities Management failed to ensure the safety of its workers. The company's own risk assessment identified the dangers of falling through the skylight, but workers were merely advised that they shouldn't cross it. They weren't supervised and there were no measures in place to prevent a fall.
MB Facilities Management Ltd, of 55 Princes Gate, Exhibition Road, London SW7, pleaded guilty to breaching Regulation 4 of the Work at Height Regulations 2005. The company was fined £4000 and ordered to pay £3700.30 in costs. The worker received £1000 in compensation.
After the hearing, Inspector Russell Beckett said:
"The six metre fall could have easily have proved fatal and was entirely and easily preventable.
"MB Facilities Management could have covered the skylight, or used a cherry picker to raise workers up to the roof light - both simple measures to take.
"Roofers account for almost a quarter of all workers who are killed in falls from height, and falls through fragile materials like sky lights account for more of these deaths than any other single cause. Many others are seriously injured and are left with permanent life-changing disabilities.
"The dangers are obvious, the safety guidance is clear and there is no excuse for workers to be risking their lives."
Nursing home fined for elderly man's fatal fall
- Truro Crown court heard today that an elderly man with dementia was able to wander into another resident's room at his nursing home and fall to his death from a window.
Reginald Gibbings
Reginald Gibbings, 89, fell 3.6 metres from the room at Hillcrest House, Barbican Road, East Looe on 15 July 2008.
Hillcrest House Ltd was fined £40,000 and ordered to pay £95,963 in costs in a prosecution brought by the Health and Safety Executive (HSE). A compensation order of £2,300 towards the family's funeral costs was also made.
The court was told that Mr Gibbings had been admitted to the secure unit for elderly and mentally ill people at Hillcrest House care home, after his wife suffered a stroke at their home in Barbican Court, East Looe.
He did not settle well at the home and repeatedly stated he wanted to leave and tried to get out by forcing the secure garden gate on the day of his fall. On the 15th July 2008, Mr Gibbings entered a bedroom on the ground floor which had a restrictor fitted to prevent the window opening fully. The restrictor was defeated, either by Mr Gibbings or someone else, allowing the window to open fully. Although on a ground floor, the home is built into a banked area and the sloping gardens created a large drop beneath the window.
Mr Gibbings either fell through the window or fell trying to climb out it. He suffered multiple fractures and died in hospital two days later.
After the hearing, HSE Inspector, Sarah Baldwin-Jones, said:
"This tragic incident could have been avoided if Hillcrest had fitted suitable window restrictors. Someone at the home was able to defeat the restrictor and consequently, Mr Gibbings, who was a very vulnerable person, was able to fall from a significant height.
"Hillcrest failed to appreciate this risk, even though they had already purchased new window restrictors for the unit. Their delay in fitting the new, more robust restrictors which could not be defeated, resulted in Mr Gibbings' death. Had the new restrictors been fitted, this incident would likely not have occurred.
"It is essential that nursing homes consider the type of window restrictor fitted to their windows. Homes should consider the robustness of their restrictors and how easy it would be to defeat them. They should conduct a risk assessment and implement immediate measures to ensure vulnerable residents are kept safe. Window restrictors should be regularly inspected and where defects or damage are noted, there should be a system in place for making sure that necessary action is taken".
Hillcrest House Ltd of Barbican Road, East Looe, pleaded guilty to an offence under Section 3 (1) of the Health and Safety at Work Act 1974
Balfour Beatty prosecuted for safety failings at Plymouth Life Centre
- Construction giant Balfour Beatty has been fined for safety failings after an unsupported floor deck collapsed during work at the Plymouth Life Centre.
Two workers fell two-and-a-half metres in the incident on 8 July last year, although both escaped with only minor injuries.
Plymouth Magistrates' Court heard today (29 October) that the workers were pouring concrete onto a deck to form the floor of a weights area at the dry dive centre. However, no temporary support was used and the combined weight of the two men and concrete caused it to give way.
An investigation by the Health and Safety Executive (HSE) found that Balfour Beatty Construction Scottish and Southern Limited failed to ensure that sufficient steps were taken to protect workers during the construction work that led to the collapse.
The company did not follow its own temporary works procedure and should have checked that the deck was properly supported before allowing the work to commence.
Balfour Beatty Construction Scottish and Southern Ltd, of 24 Ravelston Terrace, Edinburgh pleaded guilty to a single breach of The Construction (Design and Management) Regulations 2007. The company was fined £2,000 and ordered to pay costs of £5,347.
Speaking after the hearing, HSE Principal Inspector Andrew Kingscott said:
"The two workers were fortunate not to have been seriously injured in this incident, which was entirely preventable had Balfour Beatty followed the proper temporary works procedure.
"The correct procedure would have highlighted the need to use a temporary support, such as stronger steel decking, propping or the construction of a temporary wall."
Firms sentenced after worker left with permanent injury
- A building company and a decorating firm have been fined after a Birmingham worker suffered multiple injuries when he plummeted more than seven metres through a skylight.
The incident happened on 11 January 2012 when Philip Brown was painting the roof on an industrial unit at Torridge Close, Telford Way, Kettering. He stepped on to a fragile skylight which shattered and he fell through to the concrete floor below.
Mr Brown, 36, of Sheldon, broke several bones on the right hand side of his body, including his leg, hip, pelvis, wrist and elbow. He also sustained head injuries and lacerations to his face. The father-of-five was in hospital for three weeks where he underwent extensive reconstructive surgery. Although Mr Brown is now at home he is bed-bound while his leg is in traction.
The Health and Safety Executive (HSE) investigated the incident and prosecuted principal contractor JBN Builders Limited, and sub-contractors K.J. Smith & Sons Painters & Decorators Ltd, the painting and decorating firm who hired Mr Brown, for safety breaches.
Corby Magistrates were told today (31 October) that HSE found Birmingham-based K.J. Smith & Sons Painters & Decorators Ltd failed to properly assess the risks involved in doing the job. As a result it hadn't got a safe system of work in place. No safety nets, skylight covers or safety harnesses were in use to prevent a fall.
JBN Builders Limited, of Northamptonshire, made very little effort to ensure K.J. Smith & Sons Painters & Decorators Ltd were competent and monitor the work being undertaken. Both companies dangerously underestimated the risk of the fragile skylights in this instance.
K.J. Smith & Sons Painters & Decorators Limited, of Poundley Close, Castle Bromwich, Birmingham, pleaded guilty to breaching Regulations 4(1)(a) and 9(2)(b) of the Work at Height Regulations 2005 and was fined £4,500 and ordered to pay £1,932 costs.
JBN Builders Limited, of Hardlands Road, Duston, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc act 1974. The firm was fined £3,000 and ordered to pay £1,932 costs.
Mr Brown, who lives with his partner, Dee Johnston, and three of his five children, aged eight, five and four, said:
"This has turned my life upside down. All of a sudden everyday things that you take for granted can't be done any more.
"I didn't see my children for the three weeks I was in hospital because I didn't want them to see me in such a mess. When I came home I couldn't pick them up or cuddle them because of my injuries and I miss not being able to do things with them, like play outside. But they've been great - they help me by getting my breakfast in the morning and when I'm having a bad day they cheer me up.
"I would like to be able to go back to painting and decorating as it's all I've ever done since leaving school but at the moment I just don't know what the future holds. I still can't fully bend or extend my arm, and that's no good in my line of work.
"The doctors originally said it would be six to eight months before I was better but I'm still in traction ten months on. I've got an operation coming up to break my leg so they can extend the bone and I've been told it might be another 12 months before it heals to an extent that I can begin to get my life back."
After the hearing HSE inspector Sam Russell said:
"Work at height is a high risk activity and steps should have been taken to identify those risks and mitigate against them. K.J. Smith & Sons Painters & Decorators Limited failed in that most basic requirement.
"JBN Builders Limited, acting as principal contractor on the site, should have taken steps to ensure the company they employed was competent to undertake the work asked of them and had in place suitable control measures regarding the fragile skylights.
"As a result of failings by both firms, Mr Brown's life has changed irrevocably. He remains bedbound more than ten months after the incident and is unable to fully participate in family life with his partner and five children."
New figures published for workplace ill health and injury
Figures published today show slight falls in a number of key areas of workplace ill-health and injury.
The provisional statistics published by the Health and Safety Executive (HSE) show that in Britain between April 2011 and March 2012:
- 22,433 major injuries such as amputations, fractures and burns, to employees were reported - a rate of 89.90 injuries per 100,000 workers - compared with 24,944 in 2010/11. The average for the past five years is 27,170
- 88,731 other injuries serious enough to keep people off work for four or more days were reported - a rate of 355.5 injuries per 100,000 employees - down from 91,742 the previous year. The average for the past five years is 103,627
- An estimated 1.1 million people said they were suffering from an illness caused or made worse by their work, down from 1.2 million in 2010/11. Of these, 452,000 were new illnesses occurring in-year. The average for the past five years was 1.25 million with an average 554,000 new cases each year
- 173 workers fatally injured - down from 175 the previous year. The average for the past five years was 196 worker deaths per year.
Chair of HSE, Judith Hackitt said:
"Any reduction in the number of people being injured or made unwell by their jobs should be welcomed. Given the challenging economic conditions which many sectors have faced in recent years it is particularly encouraging to see continued reductions in levels of injury and ill health.
" Britain has earned the reputation of being one of the safest places in Europe to work, but there is still plenty of room for improvement. We need to ensure that we all focus on managing the real risks which lead to serious workplace harm.
"HSE remains committed to helping employers understand what they need to do to ensure workers can go home from their jobs safe and well without creating unnecessary paperwork and bureaucracy."
There has also been little change in the industries in which workers are most likely to be injured or made unwell by their jobs - with construction (171.8 major injuries per 100,000 employees), agriculture (241.0 major injuries per 100,000 employees) and waste and recycling (397.6 major injuries per 100,000 employees) among the higher risk sectors.
The toll of injury and ill-health resulted in 27 million working days being lost, an average of 16.8 days per case, with 22.7 million days lost to ill-health and 4.3 million days lost to injuries. These figures are up slightly on 2010/11 when 26.4million working days were lost.
Workplace injuries and ill-health (excluding work related cancer) cost society an estimated £13.4billion in 2010/11
Gas fitter's shoddy work threatened lives
- A Brixham gas fitter has been fined after falsely claiming to be registered gas engineer and leaving work he carried out in a dangerous condition.
In a prosecution brought by the Health and Safety Executive (HSE) today (2 November), Torbay Magistrates heard that Sean Collins carried out work on a gas boiler in July and August 2011 at an unoccupied house undergoing renovation in Brixham.
The court was told Collins left the flue of the boiler in a dangerous condition and also removed the gas meter and failed to reinstall it, leaving open-ended gas pipes which could have poured gas into the house.
The matter came to light when the householder could not find the meter and contacted Gas Safe Register.
Further investigations revealed that Collins falsely advertised himself as a member of Gas Safe Register and used the organisation's logo on his on-line publicity material.
Sean Collins, of Penpethy Road, Brixham, pleaded guilty to four offences under the Gas Safety (Installation and Use) Regulations 1988 and one breach of Section 3(2) of the Health and Safety at Work etc Act 1974. He was fined a total of £3,000 and ordered to pay £3,000 in costs.
HSE Inspector Simon Jones, speaking after the hearing, said:
"All gas engineers must be members of Gas Safe Register by law so customers can be sure they are dealing with someone who is properly trained and qualified to do the job.
"Unregistered installers who carry out gas work could expose people to unacceptable risks that can prove fatal.
"Sean Collins pretended to be Gas Safe registered and was happy to take the homeowner's money, disregarding the serious harm and injury he could have caused. Any business or sole trader who carries out work on any gas appliance without being properly trained and registered is breaking the law and HSE will not hesitate to prosecute."
Paul Johnston, chief executive of Gas Safe Register, said:
"Gas work should only be carried out by a suitably qualified and competent Gas Safe registered engineer. Every registered engineer has an ID card that not only confirms they are who they say they are but also shows the kind of work they are qualified to carry out. We always encourage people to ask to see the ID card and to check the details by calling 0800 408 5500 or visiting www.gassaferegister.co.uk [1] before allowing anyone to carry out gas work."
Firm fined after employee burns eyelid with caustic soda
- An aerospace company has been fined for safety failings after an Essex worker injured his eye whilst cleaning out a tank containing caustic soda.
The 39-year-old, who does not want to be named, sustained a chemical burn to his eyelid and inside his tear duct after flicking sodium hydroxide crystals into his face at Inflite Engineering Ltd in Chelmsford on 12 November 2011.
He required emergency treatment at hospital, but avoided a more serious injury thanks to prompt and effective action by his workmates.
Chelmsford Magistrates' Court heard today (6 November) that the employee was standing in a tank containing a solid crystalline material composed largely of solidified sodium hydroxide (caustic soda).
Whilst chipping away at the solid crystalline material, his protective mask misted up and as he took it off to clean the visor, some caustic soda crystals flicked onto his eye lid. Had the chemical made contact with his eye it could have caused permanent damage to his vision.
An investigation by the Health and Safety Executive (HSE) found Inflite Engineering Ltd, which operates sites in Chelmsford, Stansted and Manchester, could and should have done more to prevent the incident and protect the worker.
He was not only exposed to risks from working with a hazardous material, but could also have fallen into or from the storage tank.
The company, of Inflite House, Stansted Airport, admitted breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £17,000 and ordered to pay £3,246 in costs.
After the hearing, HSE Inspector Vicky Fletcher commented:
"This incident was completely preventable. It was a specialist task involving both the risk of chemical burns from the caustic soda, and also falling from the tank to the ground or, even worse, into an adjacent uncovered tank containing sodium cyanide solution. Had that happened, the consequences could have been fatal.
"Inflite Engineering Ltd failed to adequately assess the risks when they asked their employees to clean out the tank, and failed to provide adequate control measures to ensure the job could be done safely.
"Non-routine specialist tasks such as this can impose unnecessary risks on employees, often with grave consequences. It is essential that thorough assessments of the risks are carried out to determine if there is sufficient in-house expertise.
"If not, then employees should be provided with the necessary training and equipment to enable them to carry out the task safely, or a specialist contractor should be appointed."
Life-changing injuries for worker in scaffold fall
- A scaffolding company and its director have been fined for safety failings after a worker suffered life-changing injuries in a 2.5 metre fall from a scaffold platform at a property in Kent.
The worker, who was untrained, fell from the first lift of the scaffold as it was being dismantled. He was passing boards down to another worker when he lost his footing and fell to the concrete below.
The man, from Rainham, Kent, who does not wish to be named, suffered severe head injuries and needed surgery to remove the frontal lobe of the brain. He spent many weeks in hospital and is unlikely to be able to work again.
The Health and Safety Executive (HSE) today (6 Nov) prosecuted Paramount Scaffolding Ltd and director Luke Jessup, both of Gillingham, Kent after investigating the incident at the house in Meopham, near Gravesend, on 25 January this year.
Sevenoaks Magistrates' Court heard that Paramount Scaffolding had a three-man team on site to dismantle the scaffolding. Director Luke Jessup was the only trained scaffolder among them.
The injured worker was standing on the first level of the scaffold and was lifting the boards and passing them to a colleague below. The platform had been six boards wide and was down to three when he lost his footing and fell. The edge protection had already been removed.
Paramount Scaffolding Ltd of Wigmore Road, Gillingham, and Luke Jessup of Wigmore Road, Gillingham, both pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. Both Paramount and Mr Jessup were fined £2,000 with £1,000 costs each.
After the hearing HSE Inspector Melvyn Stancliffe said:
"This is a very stark example of the tragedy that can result from a task carried out at height without proper thought and planning. It has resulted in life-changing injuries for the worker and has had a devastating impact on his family. In addition, Mr Jessup was a personal friend, and he also has to live with the consequences of his role in the incident.
"What happened that day was totally preventable if simple working methods had been followed and the untrained workers had been more closely and better supervised to ensure they carried out the work safely.
"The scaffolding industry has produced guidance on the safe working methods to follow and this case sadly reflects the harsh reality of not doing so."
Salad company in safety prosecution
- An East Yorkshire firm has been sentenced for safety breaches after a worker fell more than four metres through a greenhouse roof.
The 44-year-old, from Preston, east of Hull, was cleaning and repainting greenhouse gutters at Hedon Salads Ltd in Burstwick when he lost his footing and fell through the glass roof. He broke his wrist and needed 20 staples across a head wound before being released from hospital after an overnight stay.
The incident, on 26 August 2010, was investigated by the Health and Safety Executive (HSE), which today (2 November) prosecuted the firm for failing to protect its workforce against the risk of falls.
Hull Magistrates' Court was told the man, who does not wish to be named, was one of a team of employees tasked with working on the gutters of 20 greenhouses at the firm's 30-acre site in Main Street, Burstwick. The greenhouses, used for cultivating tomatoes, cucumbers and peppers, have an average size of 5,000 square metres.
HSE discovered the team were told to walk heel to toe along the gutters and to use a long-handled brush to steady themselves against the glazing bars. No equipment was provided and no instruction given to protect them against a fall.
The worker had cleaned some guttering and returned to the ground to collect his brush and paint. He climbed back up and had completed a short length of paintwork when his right foot went through the glass and he fell through the fragile roof.
HSE served a Prohibition Notice on the firm preventing further work on the guttering until safety measures were in place.
Hedon Salads Ltd, of Newport, Brough, which employs more than 100 people, was fined £12,500 with £3,921 in costs after admitting a breach of the Work at Height Regulations 2005.
After the hearing, HSE Inspector Andrew Gale said:
"This employee was extremely lucky not to have suffered more severe injuries, or even lost his life, in a fall of over four metres. It could have easily been prevented by providing the proper equipment, such as a lightweight walking frame.
"This case highlights how important it is for employers to identify the risks involved in working at height, particularly near fragile materials, and taking the necessary steps to reduce those risks and prevent falls.
"Falls are the second highest cause of fatal incidents in agriculture and falls through fragile material account for half of these deaths."
School fined after pupil hurt in design and technology lesson
- A Solihull school has been fined after an 11-year-old pupil suffered serious hand injuries in a design and technology lesson.
The year seven student from Alderbrook School was using a bench sanding machine when his hand became trapped between the rotating face of the sanding disc and the machine's table edge.
As a result of the incident on 6 October last year the pupil needed specialist surgery to repair tendon damage to the fingers of his left hand. He was off school for several weeks during which time he continued to study at home while recuperating from hand surgery.
As part of this recovery he has required physio. However, he still suffers pain in cold weather and doesn't have full range of movement in his fingers
.
An investigation by the Health and Safety Executive (HSE) found that although the machine had guarding in place, it was designed for use by adults. So the gap between the disc face and the table edge was big enough to trap a student's hand.
Solihull Magistrates' Court heard today (5 November) that the school had carried out a generic risk assessment for the machine that highlighted entrapment as a potential hazard. However, it failed to seek advice from the manufacturer and had made no attempt to adapt the machine for safe use by its students, whose experience and hand size is different to the normal recognised user.
Alderbrook School, of Blossomfield Road, Solihull, was fined £3,500 and ordered to pay £5,000 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 for failing to ensure the safety of pupils.
After the hearing HSE inspector Karl Raw said:
"Health and safety management for design and technology within Alderbrook was not of the expected standard. Guidance was out of date, risk assessments were generic and concerns raised in a 2010 audit by Solihull Metropolitan Borough Council relating to this had not been addressed.
"This prosecution is not about schools abandoning or being stopped from allowing pupils to use machines. It is about sensible assessment of risk given the age and maturity of school pupils.
"In order to do this, schools need to have in place a strong culture towards health and safety with a regular review of risks and procedures. That did not happen in this case, leaving an 11-year-old boy with a very painful injury."
Demolition firm fined for illegal asbestos removal
- A Cheltenham demolition company has been prosecuted after exposing its own workers to dangerous asbestos fibres and illegally removing asbestos waste from a property in Gloucester.
The Health and Safety Executive (HSE) prosecuted DA Environmental Services Ltd at Cheltenham Magistrates' Court today (5 Nov) for three breaches of regulations relating to asbestos removal.
The court heard HSE found the firm undertook an asbestos survey before demolishing the building showing it contained a quantity of Asbestos Insulating Board (AIB). The report identified that this would have to be safely removed in a controlled manner before demolition went ahead.
However, during a six-week period in August and September 2011, the building was demolished and asbestos boarding removed by DA Environmental Services' employees, exposing them to potentially significant quantities of asbestos fibres released during the work.
The company did not hold the necessary licence to carry out the asbestos removal and failed to take adequate steps to prevent both exposure to and the spread of asbestos fibres generated by the work. The investigation also found the asbestos debris was not disposed of correctly, potentially extending the risk of exposure and spread of danger into the waste chain.
DA Environmental Services Ltd of Maida Vale Business Centre, Leckhampton, Cheltenham, pleaded guilty to breaching Sections 8, 11 and 16 of the Control of Asbestos Regulations 2006. The company was fined a total of £15,000 and ordered to pay costs of £1,452.
Speaking after the prosecution, HSE Inspector Andrew Kingscott said:
"Where material such as asbestos insulating board is identified, it should only be removed by a contractor who holds the necessary licence, in a safe manner and with the necessary control measures. DA Environmental should have appointed an appropriately licensed contractor to remove the materials.
"By undertaking the work themselves they unnecessarily exposed their own workers to the risks associated with significant levels of airborne asbestos fibres and failed to adequately contain their spread.
"Unfortunately, those working in the construction industry are regularly exposed to asbestos materials and the legacy of past exposures is evident in the high numbers of people in the UK who are suffering the fatal effects of uncontrolled exposures to asbestos fibres during their working lives."
Inspection
and Investigation of HSE Approved Training Providers
Owing to the proposed legislative
changes in first aid (see the consultation document CD248 for further details) and
operational difficulties encountered by Scout Enterprises Ltd, (the company
which monitors approved training providers on behalf of HSE), HSE will stop
undertaking proactive monitoring visits of training providers, effective
immediately. For further information please see the latest HSE update.
Update on HSE Approval of First aid Training
Employers need to be aware that from the 1 January 2013 Awarding Organisations regulated by Ofqual, the Scottish Qualifications Authority (SQA) and the Welsh Government Department for Education and Skills (DfES Wales) will be permitted to award a qualification in First Aid at Work (FAW) which will be accepted by HSE for the purposes of compliance with regulation 3(2) of the Health and Safety (First-Aid) Regulations 1981.
Awarding Organisations, through their approved training centres will implement the educational assessment standard developed by HSE in consultation with Skills for Health (the relevant sector skills council), Ofqual and the SQA. This standard is hosted by Skills for Health and is free to download from their website.
Employers should note that qualifications obtained from Awarding Organisations will help compliance with the Regulations, are accredited, nationally recognised and are rated on the Qualification and Credit Framework and the Scottish Credit and Qualification Framework.