Thursday 28 February 2013

Building owner fined for asbestos exposure

An industrial property owner has been prosecuted for exposing untrained workers to dangerous asbestos fibres following a series of failings at a building in Newport.

In a prosecution brought by the Health and Safety Executive (HSE), Abergavenny Magistrates' Court heard today (21 February) that Mr Nasimul Karbani, from Middlesex, employed two workers and then helped them to remove rubbish and debris from a site at Bankside Coverack that he part owned.

The debris included a large amount of asbestos insulation board (AIB), which was cleaned up in an unsafe manner.

Newport City Council notified HSE following concerns about the work. A subsequent HSE investigation found that Mr Karbani did not hold a licence to deal with asbestos in the building, and that he failed to manage the risks to those employed in the clean-up. The men he hired were also not properly trained or equipped, and weren't decontaminated following the work.

Magistrates were told that Karbani was in possession of information that indicated where the asbestos was located in the building and was warned on two occasions that the work should not be carried out. Despite this, he continued the work.

The HSE investigation also found that Karbani failed to appoint a competent co-contractor to plan and manage the clean-up work, and did not carry out a proper assessment of the risk of exposure to asbestos fibres and its condition in the building before work started.

No-one involved in the management of the project had the skills, training or experience to address health and safety issues, including the risk of asbestos exposure. In addition, Mr Karbani failed to prevent the exposure of his employees to asbestos, and failed to control its spread during the clean-up.

Nasimul Karbani, from Chiltern View Road, West Drayton, Middlesex, pleaded guilty to four separate breaches of the Control of Asbestos Regulations 2012. He was fined a total of £3,000 and ordered to pay £3,015 in costs.

Speaking after the hearing, HSE Inspector Steve Richardson said:

"Inhaling asbestos fibres can cause cancer, and around 4000 people die every year from asbestos-related diseases. Those at work must ensure the risk of breathing in the fibres is therefore properly controlled.

"Any work that involves asbestos must be planned and managed by competent personnel with the right training and experience. In this case, Mr Karbani demonstrated significant failings throughout the management of the project, which put the lives of other workers at risk."

Surrey firm fined for worker fall

A Surrey carpentry firm has been fined for safety failings after a worker fractured his skull when he fell through a roof light at a construction site in Cobham.

The 21-year-old, who does not wish to be named, also suffered soft tissue damage to his right hamstring in the fall on 7 June 2012 at a development on Oxshott Rise where a large detached home was being built.

Staines Magistrates' Court heard yesterday (20 February) that he was helping to construct a flat roof with a number of roof light openings for Horley-based D&R Carpentry Ltd.

He fell through one of the openings and almost three metres to the ground below.

The Health and Safety Executive (HSE) investigated and found there was nothing in place to prevent or mitigate a fall, such as safety decking beneath the roof and openings, or a soft landing system.
The fall could have been prevented had the work been properly assessed, and better planned and managed.

Magistrates were told the company had previously been warned to consider the risks posed by falls from height by HSE following site inspections in January and February 2007 to a site in Hurst Green, East Sussex. This resulted in written advice and a Prohibition Notice being served that required work to stop and immediate improvements to be made.

D&R Carpentry, of Smallfield Road, Horley, was fined £5,000 and ordered to pay £4,407 in costs plus a further £5,000 in compensation after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

After the hearing, HSE inspector Denis Bodger said:

"Work at height is inherently fraught with risk, and falls remain the single biggest cause of deaths and serious injury in the construction industry.

"It is therefore essential that all work at height is properly assessed, managed and monitored to ensure it is carried out safely, and that all necessary precautions are taken to prevent falls and protect workers.

"There were clear failings by D&R Carpentry in this regard at the Cobham development, and an employee suffered serious injury as a result. He could easily have been killed or left with life-changing injuries."

Draft guidance unveiled on workplace first aid changes

The Health and Safety Executive (HSE) has published new draft guidance to help employers get to grips with proposed changes to workplace first aid.

Two pieces of guidance have been published on the HSE website following a consultation on proposals to amend the First Aid Regulations (1981) and remove the requirement for HSE to approve first aid training providers.

The guidance documents are available at http://www.hse.gov.uk/firstaid/proposed-changes-first-aid-regulations.htm

The changes are expected to take effect on 1 October, subject to final approval by the HSE Board and Ministers.

HSE policy advisor Peter Brown said:

“Removing the HSE approval process will give businesses greater flexibility to choose their own training providers and first aid training that is right for their work place, based on their needs assessment and their individual business needs.

“The draft guidance documents aim to provide practical support to help businesses assess and understand their first aid needs and find a provider best suited to them.

“HSE has used the feedback from the recent consultation exercise to shape the guidance, but would welcome any further feedback on the guidance before the regulations come into place.”

Until the regulations are changed businesses requiring first aid training will still have to use a HSE approved provider.

Employers will still have to ensure that they have adequate first aid provision, based on an assessment of their individual business needs.

HSE will retain a role in setting standards by controlling the syllabus content for the basic first aid at work qualifications

Window firm fined over severed finger

A Macclesfield window manufacturer has been fined after one of its employees had a finger cut off by a rotating saw.

East Cheshire Glass Ltd was today (25 February 2013) prosecuted by the Health and Safety Executive (HSE) following the incident at its factory on London Road on 30 July 2010.

Macclesfield Magistrates' Court heard that the 26-year-old from Cheadle Hulme was positioning a piece of uPVC plastic under the circular blade while it was still running. His left hand came into contact with it and his index finger was severed to below the second knuckle.

The court was told that, in order to keep production moving swiftly, the machine would not be switched off in between cuts. This meant it was common for the unguarded saw blades to be raised and left running while pieces of plastic were placed underneath by hand.

The guard on the blade had also been adjusted to stop it hitting the pieces of plastic as the saw came down, but this meant several inches of the blade were left exposed.

East Cheshire Glass Ltd was fined £1,000 and ordered to pay £3,342 in costs after admitting a breach of the Provision and Use of Work Equipment Regulations 1998 by failing to prevent access to dangerous parts of machinery.

Speaking after the hearing, HSE Inspector Jane Carroll said:

"These kinds of injuries are sadly all too common in the manufacturing industry so it is vital companies make sure suitable guards are in place.

"If the guards on the blades were causing problems then East Cheshire Glass should have adapted them in a way that meant the blades were still fully protected when they were raised.

"The company's priority should have been the safety of its employees but instead one of its workers suffered a permanent injury when his hand came into contact with the unguarded rotating blade."

Company fined for dangerous excavation

A Kent construction company has been fined for unsafe excavation work at a building site in Rochester.

Concerns were raised about the Basi Construction Limited development on Britannia Road, High Halstow, on 26 January 2012 after both Southern Water and Medway Council saw evidence that work was underway down an excavation some three metres deep into soft clay that was totally unsupported.

Two plywood sheets and a single strut had been added when they returned to the site a day later, but it still posed a significant risk.

It prompted an investigation by the Health and Safety Executive (HSE), which today (19 February) prosecuted Basi Construction for failing to properly plan the excavation, and for endangering workers by leaving unsupported sidewalls that were liable to collapse.

Chatham Magistrates' Court heard the excavation had been made to connect a single new-build home to an existing sewer, with an agent employed by Southern Water visiting the site to check the connection.

An employee from the highways department at Medway Council visited separately in response to complaints about work in the footpath outside the site. The employee notified HSE and described in detail what they had seen, including someone climbing from the excavation. Tools and equipment could also be seen at the bottom.

The excavation had been backfilled by the time a HSE inspector arrived on site, but the witness evidence proved damning.

Magistrates were told that although there was no excavation collapse and no injuries, workers could have been killed had the clay sidewalls given way.

HSE also identified issues with poor welfare facilities at the site, including an inadequate mess area and a chemical toilet with no hot water for washing hands.

Basi Construction Limited, of Sir Thomas Longley Road, Medway City Estate, Rochester, was fined £8,000 and ordered to pay £8,797 in costs for a single breach of the Construction (Design and Management) Regulations 2007.

After the hearing HSE Inspector Melvyn Stancliffe said:

"It was pure good luck that the excavation didn't collapse, and had it done so anyone working at the bottom would have more than likely been killed before they could be rescued.

"Before any excavation begins contractors must ask themselves: 'What will the consequences be if this fails? And what precautions do I therefore need to put in place to prevent that from happening?'
"Sidewalls may look solid, but an unsupported wall will always collapse, and you need to work on the basis that it could give way in the next few seconds, not tomorrow or next week.

"Proper planning is essential, as is the need to ensure that only competent personnel undertake excavation work, and that all work is closely supervised. Despite this particular excavation being backfilled when HSE arrived to inspect it, we were satisfied that Basi Construction failed in this regard, and compromised safety as a result."

Material breaches found in up to a third of inspections since FFI

Between a quarter and a third of inspections carried out by the HSE since its cost-recovery scheme came into force in October last year found a material breach of health and safety law, resulting in a fee for intervention (FFI) on the duty-holders involved.

This was revealed by the regulator’s head of field operations, David Ashton, in his presentation on the new scheme to delegates at the IOSH Conference this afternoon (26 February). The first run of invoices, which was initiated last month, has so far seen 1400 bills sent out to errant duty-holders, meaning, said Ashton, “the money is really coming in”.

But he was keen to emphasise that FFI is not only – or even mainly – about the money. It has, he said, myriad other advantages for the improvement of health and safety management and compliance.

He explained: “The 35-per-cent cut to our budget announced in 2010 will take us up to the General Election in 2014, so resources are a significant element of the cost-recovery scheme. If we ask, what is best for our customers, the answer is: an adequately resourced regulator. Thanks to FFI, we should be able to start recruiting new inspectors soon.”

Mr Ashton also highlighted what he called “the multiplying effect” of the scheme: “From the cases we take and the information we publish, companies realise that they really don’t want to experience ‘the knock’ from the HSE, followed by a bill. I don’t want to call it a deterrent – I see it as more of a spur to good behaviour, and this is a definite advantage of the scheme.”

Briefly explaining how the scheme works, Mr Ashton said that for companies that comply with the law in all significant respects, the HSE’s advice is free, while those who don’t will be charged for its time to put things right.

He reassured delegates: “We won’t go looking for breaches, easy targets, or deep pockets. And there are no financial targets for inspectors. We won’t change what we do, which is look at sites, see what’s wrong, assess the significance of that and act accordingly. If there is a material breach, it will trigger a bill for our time.”

The FFI procedure, once it has been trigged by determining a material breach – which, Mr Ashton emphasised several times, is clearly explained in the myriad guidance on FFI available on the HSE’s website – works as follows.

The company will get a formal notice of contravention, which will include details of what is wrong (i.e the contravention itself), what action is required, and information about FFI. This covers the entirety of the inspection process and the time necessary afterwards to report on that work – all of which is charged at £124 per hour.

Mr Ashton explained: “FFI may apply where an enforcement notice or prosecution is not appropriate, so they are not triggers for FFI. But FFI almost always applies where formal enforcement action is taken in relation to a material breach.”

Invoices are sent after two months, and the duty-holder has 30 days to pay. There is a formal disputes and queries mechanism, though Mr Ashton revealed that of the 1400 invoices sent so far, the number of appeals has been “in single figures”.

He also touched on the impact of the scheme on his staff – the HSE field inspectors who must implement it on the front line. “It has been difficult,” he said. “Some have said they didn’t join the HSE to be a revenue collector but I ask them to turn around and look at what is best for our customers, and that is an adequately-resourced regulator.”

He argued that FFI is actually a spur to consistency and efficiency and that the pressure it puts on HSE staff to do their job well is “good pressure”. He added: “I worry about privatising regulation but I also worry about leaving it totally at the mercy of government funding. So, this system could be a happy medium – we will find out!”

Consistency of approach by individual inspectors was raised as a question by a delegate, to which Mr Ashton responded: “We follow the Enforcement Management Model, and our thought processes and internal guidance are all available to everyone to view, so there is total transparency. We also have a peer-review process, which, professionally, is extremely valuable. And there are 100-per-cent quality checks on all invoices we issue.”

Answering another question, Mr Ashton said the scheme in this format is not going to be extended to local authorities because, with 400+ to cover, “it would not be practical”.

He concluded: “I think FFI is here to stay and, some years from now, we will be glad we did it.”

Friday 22 February 2013

Labourer broke back in 4m fall

International refurbishment firm MJM Fitout has been prosecuted by the HSE after a worker fell from a poorly constructed scaffold tower while helping to “strip out” a basement gym.

The Romanian national fractured two vertebrae and broke five ribs in the four-metre fall on 19 April 2011.

Westminster Magistrates’ Court heard the workman was one of a team of labourers removing ventilation ducting at the central London gym. He was using a scaffold tower — erected to support the work — to access the ducting from a ceiling when the tower toppled over and crashed to the floor 4.5 metres below.

HSE investigators found the temporary labourers were not competent to erect a scaffold tower, which was constructed without adequate supervision. The district judge was told the incident could have been prevented had the work been properly planned, managed and monitored.
The temporary staff had effectively been left to their own devices and were working in an unplanned and unsafe way, said HSE inspector Keith Levart.

Yesterday (23 January), MJM Fitout was fined £8000 and ordered to pay £3500 in costs after pleading guilty to breaching Regulation 22(1)(a) of the Construction (Design and Management) Regulations by failing to plan, manage and monitor the construction phase safely.

Fee For Intervention time recorded at 900 premises in two months

The HSE recorded fee-for-intervention (FFI) time at 903 premises during the first two months of the cost recovery scheme’s operation, according to solicitors DWF.

The law firm obtained the provisional figures from the HSE via a Freedom of Information (FOI) request.

Though unable to provide the exact number of Notifications of Contravention, the HSE gave DWF details of the 903 premises against which it has recorded FFI time between 1 October and 30 November 2012.

Steffan Groch, DWF regulatory partner, said the figures showed the HSE had been “busy at work”.
He also noted that, of the premises where FFI time was recorded, 373 are in the construction sector — though this figure is likely to be lower than the true number of construction sites at which the HSE spent time, as transient construction work is recorded against the head office address for the relevant dutyholder.

Groch said there “appears to have been a particular focus” on construction. “It’s difficult to say why this is,” he added, “but it could be due to the sector being an easy target for inspectors, or because greater clarity is needed around the legal obligations of the construction sector. Whatever the cause, operators in the construction sector should be aware.”

The HSE told HSW its approach is to focus inspection on priority sectors and target them on specific activities in other sectors where there is evidence of poor performance.

“The relatively high numbers in construction reflect its high priority for HSE as a high risk sector, which is why construction is a division in field operations division (FOD), whereas the other high risk sectors are covered by our geographically based divisions.”

Anyone receiving a FFI invoice has 21 days from receipt in which to query it, should they believe they weren’t in material breach of the law or the time the fee is charged for is incorrect. If they remain unhappy after the HSE’s response, they have 10 days in which to lodge a dispute.

The HSE said resulting FFI invoices are not due to be sent out until the end of this month, and so there are not currently any disputes.

Wednesday 20 February 2013

HSE launches safety clampdown on construction sites

Unsafe practices on construction sites are to be targeted as part of a national initiative aimed at reducing death, injury and ill health.

During a month-long drive to improve standards in one of Britain's most dangerous industries, the Health and Safety Executive (HSE) will visit sites where refurbishment or repair works are taking place.

Between 18 February and 15 March, inspectors will make unannounced visits to construction sites to ensure they are managing high-risk activity, such as working at height.

They will also check for general good order, assess welfare facilities and check whether suitable PPE such as head protection, is being used appropriately.

During 2011/12, 49 workers were killed while working in construction and 2,884 major injuries were reported. The purpose of the initiative is to remind those working in the industry that poor standards are unacceptable and could result in enforcement action.

Philip White, HSE Chief Inspector of Construction, said:

"Death and injury continue to result from avoidable incidents and it is largely those engaged in refurbishment and repair work who are failing to step up to the mark. Poor management of risks and a lack of awareness of responsibilities is unacceptable.

"In many cases simple changes to working practices can make all the difference, and can even save lives. Therefore if we find evidence that workers are being unnecessarily put at risk we will take strong action.

"We are determined to drive the message home that site safety and worker welfare cannot be compromised."

Blueprint to set out health and safety issues and solutions for waste industry

A blueprint for addressing the terrible toll of death, injury and ill health in the waste and recycling industry is to be published following a landmark summit.

Senior figures from across the sector met in Solihull to agree the key health and safety issues facing the industry and what needs to be done to tackle its poor health and safety record.
The event, aimed at building consensus and bringing together key players in the industry, was organised by the Health and Safety Executive (HSE) and the Waste Industry Safety and Health (WISH) Forum.

The plan will be published in April following ratification by WISH and will contain sections on leadership, competence, worker involvement, support for small business, and creating safer, healthier workplaces.

Giving the keynote speech to the conference, HSE chair Judith Hackitt said it was important to have a common understanding of the health and safety issues facing the industry. She said:
"We must work together to respond to the current challenges and drive improvements in health and safety performance, but improving the track record is not for HSE to resolve alone - industry must take the lead."

Chris Jones, WISH chair and Director of Risk Management and Compliance at Cory Environmental, said:

"The theme of the summit was delivering the solution together. We have established now that there is a clear willingness and commitment to take action - now we have to stop talking about it and get on with making it happen."

Parks workers suffer debilitating hand injuries

A Merseyside council has been sentenced after 29 employees were diagnosed with a debilitating condition that has left them with ongoing problems with their hands.

The Health and Safety Executive (HSE) prosecuted Wirral Metropolitan Borough Council after workers in the Parks and Leisure Department were affected by Hand Arm Vibration syndrome.
One of the workers, Nick Bower, began noticing problems with his hands after several years working as Head Green Keeper at Hoylake Golf Course, where he regularly worked with strimmers and mowers.

The 47-year-old was diagnosed with the syndrome in 2009, and suffers dexterity problems and intense pain in his hands during cold weather.

Mr Bower has since changed jobs and is now undertaking other duties for the authority that do not involve working with vibrating machinery. He is on permanent medication to help with blood flow to his hands and nerve damage.

Wirral Magistrates' Court heard today (15 January 2013) that Mr Bower is one of 29 employees at the council to have developed the condition between July 2005 and December 2009.

Hand Arm Vibration syndrome results in poor grip, numbness, tingling and acute sensitivity to cold resulting in pain. Once the condition has developed, reducing or eliminating exposure to vibrating tools will prevent it from getting worse, but the damage is largely irreversible.

The council workers' duties included grass, hedge and tree cutting, primarily using vibrating equipment. A HSE investigation showed the council did not properly assess the risks they faced of using such equipment or implement suitable control measures, such as limiting exposure to the tools or providing alternatives.

Wirral Metropolitan Borough Council, of Brighton Street in Wallasey, was fined a total of £25,000 and ordered to pay £9,417 in costs after pleading guilty to two breaches of the Control of Vibration at Work Regulations 2005.

Speaking after the hearing, Mr Bower said:

"Before I was diagnosed with Hand Arm Vibration syndrome, I would often use vibrating machinery for long periods of time in the course of my job. When I began noticing symptoms and went to the doctor, he immediately asked what I did for a living and made the connection.

"I still have problems with loss of feeling and find it difficult to do everyday tasks such as fastening buttons. An attack can be triggered by everyday events such as a change of temperature or even taking food out of the freezer.

"Although I no longer work with vibrating tools, I will have the condition for life - the nerve and blood vessel damage is irreversible."

Christina Goddard, the investigating inspector for HSE, added:

"Wirral Council failed to take action to prevent damage caused by vibrating tools, with the result that 29 workers now suffer from a debilitating condition.

"The council should have limited the amount of time workers spent using vibrating equipment or provided alternative tools. If appropriate action had been taken then the workers' condition could have been prevented."

Monday 18 February 2013

Construction firm fined for dangerous site

A construction firm has been fined for exposing workers to risks of falling from height and other safety failings at a site in Newcastle city centre.

Stoneforce Ltd, of Hertfordshire, was the main contractor hired to carry out work on the refurbishment of a new retail store in Northumberland Street, which started in September 2011 and lasted for several months.

Newcastle Magistrates' Court heard today (12 February) that a Health and Safety Executive (HSE) inspector visited the site on 14 September 2011 and advised Stoneforce Ltd of its legal obligations when managing the site.

A number of complaints about the site were received by HSE in late February 2012, including allegations of risks relating to falls from height and concerns about poor housekeeping and a lack of welfare facilities. These prompted a further inspection on 21 February 2012.

Several safety failings were found, one so serious that a Prohibition Notice was served relating to a risk of falls from height from the edge of the roof.

A number of Improvement Notices were also served the following day relating to a lack of suitable and sufficient welfare facilities and for failing to keep the site in good order.

HSE brought today's prosecution as a result of the numerous failings identified at the site and the fact that some had previously been brought to the company's attention.

Stoneforce Ltd, of Hardy House, Northbridge Road, Berkhamsted, Hertfordshire, was fined a total of £10,000 (£2,000 for each offence) after it pleaded guilty to two breaches of Regulation 6(3) of the Work at Height Regulations 2005; and three breaches within the Construction (Design and Management) Regulations 2007. The company was also ordered to pay £5,195.70 costs.

"Numerous failings were found on this site, including serious risks from falls from height that could have resulted in major injuries or even death.

"Falls from height are still the largest cause of deaths in the construction industry, accounting for half of all fatalities and more than a quarter of all major injuries.

"In addition, several thousand construction workers are injured each year as a result of a slip or trip and it should have been clear that workers were at risk of serious personal injury as a result of the lack of good order on this site.

"There was also a lack of suitable and sufficient welfare facilities on the site, with the only sanitary provision being four portable toilets, which were not well lit and were not kept in a clean and orderly condition. There were also no suitable washing facilities in the toilet area. Such facilities are a basic human right."

Unsafe work leads to fine and ban for director

The director of a Nottingham building firm has been fined after unsafe work on an asbestos cement roof.

Russell Lloyd's company, Lloyd Home Improvements Ltd, now in liquidation, had been contracted to replace the roof of a factory in Willow Road, Lenton, Notttingham in order for solar panels to be installed.

Nottingham magistrates were today (11 February) told that the Health and Safety Executive (HSE) received two complaints about the work from concerned members of the public.

When an inspector visited the factory on 28 February 2012 unsafe work was observed near numerous unprotected fragile rooflights. There was poorly-erected and incomplete edge protection and workers were not using safe work platforms or harnesses to prevent falls.

Two Prohibition Notices were served by HSE, halting work immediately.
Several weeks later the inspector uncovered evidence that a worker had fallen through one of the skylights on the morning of her visit. The court heard that Mr Lloyd denied it had happened and failed to provide any information about the injured person or any workers who may have witnessed the incident.

Russell Lloyd, 36, of Albert Avenue, Stapleford, pleaded guilty to breaching:

Regulations 4(1) and 9(2)(a) of the Work at Height Regulations for failing to ensure work was properly planned supervised and carried out safely using suitable protective measures such as platforms, guard rails and coverings; and
Section 20 of the Health and Safety at Work etc Act 1974 for failing to provide information relevant to an investigation.

Nottingham Magistrates' Court fined him £2,400 and ordered him to pay costs of £1,585. He was also disqualified as a director for two years.

After the hearing HSE inspector Frances Bailey said:

"Russell Lloyd showed a flagrant disregard of the perils of working at height. The poor system of work, the lack of equipment provided and the inadequate risk assessment meant that the work was extremely dangerous. The workers involved were young, inexperienced and untrained in roof work or working with asbestos.

"On average seven people each year are killed after falling through a fragile roof or fragile roof light. Many others suffer permanent disabling injury. However, falls can be easily prevented by careful planning, using trained and experienced workers with suitable equipment and employing a high level of supervision."

Scaffolder fined after woman injured by unguarded metal pole

A self-employed scaffolder has been fined after a member of the public suffered head injuries after walking into an unguarded metal pole.

Rothesay Sheriff Court was told today (11 Feb) that Thomas Hannen was contracted by Argyll and Bute Council in January 2011 to erect scaffolding around the disused Royal Hotel on Rothesay seafront, on the Isle of Bute, so the council could assess the building's condition.

Early on 26 January, Mr Hannen and two employees began erecting the scaffolding. Members of the public were not excluded, or in any way actively discouraged, from using the pavement beneath the work area.

Later that morning a council surveyor visited the site and drew Mr Hannen's attention to an upright scaffolding pole that was obstructing the pavement. Before he left the site he mentioned to Mr Hannen that it was a busy pavement and that he should ensure people were safe.

As a result, a scaffolding pole was placed horizontally between two of the upright poles at a height of about 1.5 metres above ground level. No padding or warning tape was wrapped around it to soften any inadvertent contact, make it easily visible or to alert members of the public to its presence.

Later that morning, a 61-year-old local woman walking underneath the scaffolding, hit her head on the horizontal pole. She was taken to hospital with a head injury which required stitches, and more seriously, fractures to her left ankle caused by her falling as a result of her impact with the pole.

An investigation into the incident by the Health and Safety Executive (HSE) found that Thomas Hannen failed to:

take advantage of the offer made to him by the local authority building standards officer to have the footpath where he was working temporarily closed;
complete any risk assessment or, alternatively, any risk assessment that was completed appears to have been wholly inadequate and did not guard against risk to pedestrians;
erect a scaffold on a pavement with any diversion in place to exclude members of the public from the work area;
display any warning signs alerting the public that it was dangerous to be in the work area such as putting padding or warning tape around any of the scaffolding poles prior to the incident;
instruct his workers to attach padding or tape around the scaffolding under erection.

Thomas Hannen, 62, of, Ascog, Rothesay, was fined £1,670 after pleading guilty to breaching sections 3(2) of the Health and Safety at Work etc Act 1974.
After sentencing, HSE Inspector Gerry Muir, said:

"This was an awful accident to a member of the public that could easily have been avoided had Mr Hannen taken some simple, readily available precautions.
"Anyone planning construction work in public places should ensure they carry out a risk assessment that identifies potential dangers to members of the public and take adequate steps to prevent them."

Architects' failure risked workers lives

An architects' practice has been prosecuted after builders were potentially exposed to dangerous asbestos fibres during construction work at Aberystwyth Rugby Club in Mid Wales.

Aberystwyth Magistrates today (4 February) heard that Dilwyn Roberts Penseiri/Architects Ltd failed to pass on vital information about the presence of asbestos insulation board to builders before they removed soffits from an end wall at the clubhouse in January 2012.

The situation came to light during a routine inspection of the work by a Health and Safety Executive (HSE) inspector, who found remains of damaged asbestos insulation boards on the gable end of the clubhouse.

A subsequent HSE investigation found that Dilwyn Roberts Penseiri/Architects Ltd had been appointed to design and oversee the work at the clubhouse and to act as the Construction, Design and Management Co-ordinator for the project.
Although an asbestos survey was commissioned by the rugby club and sent to the architects, this was never shown to the building contractors even though it clearly identified the presence of asbestos insulation board.

When the work was tendered in August 2011, the practice prepared the pre-construction information and advised that an asbestos survey had identified asbestos cement in the soffits, but failed to mention the asbestos insulating board.

Unlike asbestos cement products, asbestos insulation board requires removal by licenced companies under strictly controlled conditions.

In January 2012, the building contractor removed the soffits on the end wall but had not recognised the material as asbestos boards.

Dilwyn Roberts Penseiri/Architects Ltd of High Street, Newtown, Powys, pleaded guilty to a breach of Section 3(1) of The Health and Safety at Work etc Act 1974 and was fined £5,400 and ordered to pay £2,917 in costs.

HSE Inspector Phil Nicolle, speaking after the hearing, said:

"Construction Design and Management Co-ordinators are required to identify and collect pre-construction information for projects. It should contain all information relevant to the health and safety of people engaged in, affected by the work or using the building as a future workplace.

"Dilwyn Roberts Penseiri/Architects Ltd failed to pass on vital survey information, which they were aware of, resulting in a construction worker being exposed to asbestos fibres.

"Asbestos-related diseases kill more people than any other single work-related cause. The danger arises when asbestos fibres become airborne. They form a very fine dust. Breathing asbestos dust can cause serious damage to the lungs and cause cancer."

Tuesday 12 February 2013

Firms sentenced after factory worker finds brother dead

Two companies have been ordered to pay more than £450,000 in fines and costs for serious breaches of safety after a Stockport factory worker found his brother lying dead in the bed of a machine.

Manchester Crown Court, Minshull Street, heard the 38-year-old father-of-two from Denton had been working on a large machine used to manufacture bridges for the military.

An HSE investigation found Mr Miller had been leaning over a part of the machine to try and fix a fault with one of the switches when a large hydraulic ram descended on him. He was discovered by his brother, Robert, who also worked at the factory.

Netherlands-based firm Unisign Produktie Automatisering BV, which designed and manufactured the machine, was found to have supplied a machine which did not comply with European safety standards, as access should not have been possible when the machine was running at full speed.

The company, of Panningen in the southern part of the Netherlands, was fined £200,000 after pleading guilty to a breach of the Health and Safety at Work etc Act 1974, and ordered to pay prosecution costs of £28,313.

WFEL Ltd was prosecuted after it failed to ensure a safe system was in place for workers using the machine. The company was fined £200,000 with costs of £28,074 after admitting a breach of the same Act.

Speaking after the hearing, Brian Miller’s sister, Linda Smitham, 44, said:

"Brian's death has devastated us and leaves a massive hole in all our lives, especially for his partner, Trish, who faces her future without him by her side.

"It saddens us greatly knowing a life had to be lost before forcing high priority safety measures to be put in place.

"Lessons have been learnt from this tragedy and we hope no other family will have to suffer the pain and trauma of losing a loved one in the way we have.

"The verdict at the inquest was accidental death. However, this accident was preventable. Today has confirmed that Brian should have come home from work that day."

HSE Inspector Philip Strickland added:

"This was a tragic death which could have been avoided if both the machine manufacturer and the factory owner had put more thought into the safety of the people using the machine.

"Unisign should not have supplied a machine which fell below accepted standards and did not have suitable guards and safety systems installed to protect workers. WFEL should have made sure its employees only fixed faults when the machine was in a safe state.

"It simply should not have been possible to access dangerous parts of the machine while it was still operating, but both Unisign and WFEL allowed this to happen."

A quarter of all workplace deaths occurred in the manufacturing industry in 2011/12, despite the sector only accounting for around 10% of the British workforce. A total of 31 people lost their lives while working in the sector, and more than 17,000 injuries were reported

Metal firm sentenced over worker's death

A metal manufacturer in Manchester has been sentenced after an employee was killed when a machine weighing half-a-tonne fell from a forklift truck.

Bruce Dempsey, 25, from Eccles, was walking alongside the forklift as it moved the machine at Applied Fusion Ltd in Patricroft when it fell and struck him on the head. He died at the scene.

The company was prosecuted by the Health and Safety Executive (HSE) after an investigation into the incident, on 2 December 2009, found it had not planned the work in advance so that the machine could be moved safely.

Manchester Crown Court heard today (6 February) that Applied Fusion Ltd had been moving four of its machines into a bigger workshop at the factory. It was during the move of the fourth machine that it became unstable and fell, resulting in Mr Dempsey's death.

The court was told the company had taken over the Fielding Street factory six weeks before the incident, but a health and safety audit had not been carried out at the company's new premises.

The firm also failed to inform its own trained engineer responsible for overseeing lifting operations that it was planning to move the machines at the plant.

The forklift operator who lifted the machine had attended a one-day driver training course in October 2006, but was not trained and competent to lift any complicated loads that were not on pallets.

Applied Fusion Ltd, which went into administration in March 2011, was found guilty of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of its employees. The company received a nominal fine of £1.

Speaking after the hearing, HSE Inspector Mike Lisle said:

"Bruce Dempsey sadly lost his life because of the failings of his employer. It was important to bring this case to court to raise awareness of this issue so that similar tragic incidents can be prevented from happening again.

"Workers at the factory were told to move heavy, bulky machinery using a forklift truck, and the company should have made sure the work was properly planned in advance.

"If the machine had been strapped to the forks, and workers told to stay a safe distance away, then Mr Dempsey's death could have been avoided."

Bruce Dempsey was one of 24 people to be killed while working in the manufacturing industry in Great Britain in 2009/10. Nearly 4,000 workers also suffered a major injury.

Unregistered gas fitter receives suspended prison sentence for fraudulent claims and endangering life

A Brixham gas fitter has appeared in court for carrying out unsafe work on boilers and illegally issuing landlord gas safety check records in Torbay while claiming to be registered.

Steven Nurse was found to have produced 10 gas safety certificates using the name and Gas Safe Register and Corgi identification numbers belonging to a legitimate registered gas engineer.

In a prosecution by the Health and Safety Executive (HSE), Exeter Crown Court heard that Nurse had also installed two boilers, signed-off work on another two and had serviced gas boilers all while falsely claiming to be a member of the Register and its predecessor, Corgi.

The HSE began investigations after Gas Safe Register received complaints about Nurse’s work.

He was found to have installed a gas boiler to undersized pipework and failed to seal the boiler flue correctly endangering the lives of people inside the domestic property in Brixham with escaping poisonous gas fumes.

Nurse pleaded guilty to breaching 26(1) of the Gas Safety (Installation and Use) Regulations 1998 and was given a two month prison sentence, suspended for 12 months. Nurse also pleaded guilty to breaching Regulation 3(3) and 3(7) of the Gas Safety (Installation and Use) Regulations 1998. He was fined a total of £2,000 and ordered to pay £500 in costs. He was also ordered to pay total of £1,000 compensation to property owners.

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

"Nurse’s shoddy work on the boiler could have killed someone.

"This incident shows how important it is for gas fitters to become properly trained and registered gas engineers.

"All gas engineers must be members of the 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. 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:

"Every Gas Safe registered engineer carries an ID card which not only proves who they are but also gives details of the kind of work they are qualified to carry out. We always encourage the public to ask to see an engineer’s ID card and to call us on 0800 408 5500 or visit www.gassaferegister.co.uk link to external website

^[1] to check the details. A registered engineer will never mind being asked and it helps us all to make life more difficult for the illegal gas fitters."

Worker's fall leads to fine for paint firm

A Walsall paint manufacturer has been fined for safety failings after a worker fell nearly three metres while installing a mezzanine floor.

Brian Sparrow, 56, of Hednesford, was working for Intercoat Industrial Paints Ltd at its premises in Bridgman Street, Walsall, on 16 December 2011 when he fell from an unprotected edge.

He fractured two vertebrae and required a body brace to keep his back straight. He also cut the back of his head, badly bruised his left shoulder and suffered a broken tooth and cut lip. Mr Sparrow has been off work since the incident.

The Health and Safety Executive (HSE) prosecuted Intercoat Industrial Paints Ltd at Walsall Magistrates' Court after its investigation found the work to install the floor had not been properly planned, assessed or supervised. Other employees were also put at risk as they were allowed to continue working below during the construction of the floor.

The court was told that Mr Sparrow had completed the framework to support the floor and was using a forklift truck to raise four metal plates above it. He then walked up a flight of stairs to the top of the framework. As the last two plates were slid off the forklift on to the framework they became jammed. Mr Sparrow stepped on to the edge of an existing floor, crouched down to un-jam the plate, but fell to the ground floor below.

Intercoat Industrial Paints Ltd, of Bridgman Street, Walsall, yesterday (4 Feb) pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 for failing to protect its employees. The company was fined £3,000 and ordered to pay costs of £1,929.

After the hearing, HSE inspector Gardabil Singh Tiwana said:

"This incident was entirely preventable. Falls from height are the biggest cause of death and injury in the workplace. It is imperative that work at height is carefully thought through, the risks assessed and adequate safety measures put in place to protect workers.

"Intercoat Industrial Paints Ltd failed to ensure that necessary safeguards were in place and, as a result, one man was left with painful injuries and others were put at unnecessary risk."

Trafford scaffolding firm caught on camera risking lives

A Trafford firm has appeared in court after workers were spotted taking down scaffolding without safety measures to prevent them being injured in a fall.

They were witnessed working on the outside of a row of terraced shops on Ripponden Road in Oldham on 4 September 2012 by a passing inspector from the Health and Safety Executive (HSE).

Trafford Magistrates’ Court heard Stretford Scaffolding Ltd had been hired to dismantle the scaffolding after it had been used by another company for a roofing project.

Neither of the two men standing on the scaffolding platforms were wearing harnesses, despite working up to six metres above the ground, and one of them was not a trained scaffolder. He should therefore not have been allowed to work on a partially dismantled section.

The court was told there were also no guard rails on part of the scaffolding to prevent workers falling. The HSE inspector issued an immediate Prohibition Notice, ordering the men to come down from the scaffolding until they were given suitable safety equipment by their employer.
Stretford Scaffolding Ltd, of Ciss Lane in Urmston, received a 12-month condi
tional discharge and was ordered to pay costs of £1,849 after admitting a breach of the Work at Height Regulations 2005.

Speaking after the hearing, HSE Inspector Sandra Tomlinson said:

"We are regularly called out to incidents where people have been seriously injured or even killed as a result of a fall from height. That’s why it’s vital scaffolding firms make sure safety is their top priority.

"Stretford Scaffolding should never have allowed the scaffolding to be taken down without making sure workers could do the job safely. The most sensible way of achieving this would have been to use guard rails and harnesses.

"The firm also put the life of one of the men at risk by allowing him to work on a partially dismantled section, despite the fact that he wasn’t a trained scaffolder.

"This case should act as a warning to other scaffolding firms that they risk being prosecuted if they put lives at risk."

Architects' failure risked workers lives

An architects' practice has been prosecuted after builders were potentially exposed to dangerous asbestos fibres during construction work at Aberystwyth Rugby Club in Mid Wales.

Birmingham builder fined for illegal asbestos removal

A Birmingham builder has been fined after causing young children and their parents to be potentially exposed to asbestos on the street where he lives, as well as risking exposure himself.

The Health and Safety Executive (HSE) prosecuted Nicholas Sharpe, trading as Sharpe Builders, after he illegally removed and broke up asbestos panels from a home in Castle Bromwich.

Solihull Magistrates' Court heard today (4 February) that HSE inspectors visited a house on Rover Drive on 19 July 2012, following a call from a Solihull Council Environmental Health Officer about possible unlicensed asbestos removal work.

A HSE investigation found that, during work to covert a garage into a living room, Mr Sharpe had been wearing only a dust mask for protection as he removed a number of Asbestos Insulating Boards (AIBs) from the ceiling. He broke these into pieces and put the uncovered panels on the householder's driveway.

Mr Sharpe had no plan for the work and had not acquired a survey of the building, so did not know that the material was asbestos. He also did not provide any information to the householders.
The court was told Mr Sharpe did not hold the necessary licence to remove the asbestos boards, and failed to take adequate steps to prevent both the exposure to and spread of asbestos fibres generated by his work.

These control measures are required by law to protect the health of workers and the general public from potentially harmful levels of airborne asbestos fibres.

Nicholas Sharpe, of Rover Drive, Castle Bromwich, pleaded guilty to two breaches of the Control of Asbestos Regulations 2012. Mr Sharpe was fined a total of £4,000 and ordered to pay costs of £1,100.

Speaking after the prosecution, HSE Inspector Paul Cooper said:

"Asbestos fibres are a well known and widely publicised potential health risk. The type of work being undertaken at Rover Drive should only be carried out by a contractor who holds the necessary licence, in a safe manner and with the necessary control measures.

"By carrying out this work in such a careless way, Mr Sharpe exposed himself and others to potentially harmful airborne asbestos fibres. He also demonstrated a complete disregard for the law.

"Unfortunately, those working in the construction industry are regularly exposed to asbestos. The legacy of past exposure is evident in the high numbers of people in the UK who are suffering from asbestos-related diseases which can sometimes be fatal. The current laws exist to protect future generations from this fate."

Halifax company in court on safety charge

A Halifax firm that makes shopfitting equipment has been prosecuted after one of its employees had his arm crushed when it was drawn into an unguarded machine.

The 35 year-old man from Siddal, who does not want to be named, suffered extensive damage to his right arm in the incident at Design and Display Ltd in Elland on 7 February 2011. He will never regain full use of his arm and has been unable to work since.

The Health and Safety Executive (HSE) investigated and today (6 February) prosecuted Design and Display at Halifax Magistrates' Court for a serious breach of safety legislation.

Magistrates were told that in the week before the incident there had been a problem with chains coming off the machine's rollers and maintenance engineers had been called out to replace them.
When the problem recurred, the worker again called maintenance and then set the machine running and looked through a slot at the front. He thought he saw some tape on the rollers that would damage the board that was passed between them. He leant in to try to remove it but his arm was drawn from fingers to shoulder through the 15 cm gap between the top and bottom rollers.

The man, a father of two, was in hospital for two weeks and has undergone eight operations including skin grafts. His elbow has only limited movement.

HSE found the company had failed to provide suitable guarding for the machine to prevent workers from accessing dangerous moving parts.

Design and Display Ltd, of Lowfields Business Park, Elland, West Yorkshire, was fined £2,000 and ordered to pay £1,613 in costs after admitting breaching the Provision and Use of Work Regulations 1998.

After the hearing, HSE Inspector Rachel Brittain said:

"Design and Display failed to ensure that their machinery, which cuts and shapes large wall panels, was properly guarded. Had they put in place simple but effective safeguards then this incident could have been avoided and this worker would not now be facing the rest of his life with a permanent disability.

"Workers in machine shops, engineering works and factories can be put at serious risk because their employers fail to install or maintain safety devices on machines.

"British employers would save 250,000 work days each year if they could just keep people safe on machinery. For injured workers, the results can be permanent and life-changing."