Revocation of the Notification of Conventional Tower Crane Regulations 2010 - The Tower Crane Register

Following the public consultation in 2012, and the HSE Board decision to recommend to the Minister for Health and Safety proposals to revoke the Notification of Conventional Tower Crane Regulations 2010, the duty to register conventional tower cranes on construction sites will no longer be required and the associated tower crane register (the register) will no longer be in operation. 

The proposals have now been agreed by the Minister and the Statutory Instrument (SI) revoking the Regulations has now been made and laid in Parliament.  Subject to Parliamentary scrutiny, the revoking SI will come into force from 6 April 2013 and from that date there will no longer be a duty to notify tower cranes to the Health and Safety Executive (HSE).

Worcestershire man prosecuted for illegal gas work

A Worcestershire man has been prosecuted for carrying out illegal and dangerous gas work which put lives at risk at a home in Worcester.

Self employed unregistered gas fitter Mark Crake, of Worcester Road, Malvern was prosecuted by the Health and Safety Executive (HSE) after he left a resident with a newly-installed gas hob leaking gas.

Despite not being registered, Mr Crake fitted the gas hob on 29 July 2011 without carrying out a pressure test to confirm there were no leaks and without tightening the connections to the gas hob.

Worcester Magistrates were told today (11 March) the home owner smelt gas after returning home in the evening and went to bed with windows open. In the morning, she contacted the National Grid and was advised to immediately turn off the gas supply at the inlet valve.

National Grid sent a First Call Operative to the house that morning, who confirmed there was a significant leak from the gas hob, and isolated and turned off the supply. Mr Crake also returned some days later to tighten the connections to the gas hob.

An investigation by Gas Safe Register confirmed the boiler had not been fitted correctly and to current standards.

Mark Crake pleaded guilty to a breach of Regulation 3 (7) and Regulation 3 (3) of the Gas Safety (Installation and Use) Regulations 1998 as well as a breach of Section 3 (2) of the Health and Safety at Work etc Act 1974. He was sentenced to four months in prison for each of the three offences with the sentences to run concurrently, but suspended for 12 months, alongside 250 hours of unpaid community work. He was ordered to pay £3,500 towards costs.

After the hearing, HSE inspector Chris Gregory said:

"Mark Crake carried out potentially lethal work at a home in Worcester. Poorly maintained, faulty or badly installed gas work can cause explosions or carbon monoxide poisoning, which can be fatal or cause serious long-term health problems.

"This is why it is essential that only people who are registered as competent, qualified gas engineers with Gas Safe should carry out work on gas fittings."
Russell Kramer, 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.

"You can check if your engineer is legal and safe to work with gas by asking for the Gas Safe ID card. You can also check the engineer's identification number by calling us on 0800 408 5500, or visiting the website at www.gassaferegister.co.uk"

On average, 20 people each year die from carbon monoxide poisoning caused by poorly installed, maintained or ventilated gas appliances and flues. Many more people become seriously ill and in extreme cases, prolonged exposure to carbon monoxide can cause paralysis and brain damage.

Sole trader sentenced for tipper death failings

A Berkshire haulier has been fined for safety failings after a long-serving employee was run over and killed by a tipper lorry at his Reading head office.

Brian Gutteridge, 67, from Caversham, was crossing a road from the main office to a car park at J Mould (Reading) on Pingewood Road North, Burghfield Bridge, when the vehicle struck him on 9 November 2010. He died at the site as a result of the injuries he sustained.

Reading Magistrates Court heard (14 March) that Mr Gutteridge had been employed by business proprietor John Mould for more than 20 years, and was walking toward his car at the end of the working day.

The tipper lorry that hit him had pulled over to the side of the road so the driver could talk to another worker, but it pulled back out just as he stepped in front of the vehicle to walk past.

The Health and Safety Executive (HSE) investigated and found there were no designated crossing points on the road, and nothing to segregate pedestrians and vehicles or guide on who had the right of way.

HSE also established that J Mould had no formal workplace transport risk assessment, despite being advised by an independent health and safety consultant about pedestrian-vehicle interactions at another site in Reading.
John Mould, of Hydecrete Pit, Pingewood Road North, Burghfield Bridge, pleaded guilty to single breaches of the Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999 and the Workplace (Health, Safety and Welfare) Regulations 1992 in his capacity as a sole trader. He was fined a total of £40,000, the maximum fine magistrates can impose, with costs of £17,060.

After sentencing HSE Inspector Daniel Hilbourne said:

"John Mould has operated from the Burghfield Bridge site for more than 20 years, but had failed to properly manage workplace transport prior to Brian's tragic death.

"This is a well-recognised area of risk in the industry, especially on a site where there are numerous vehicle movements.

"There was a clear need for a formal traffic management system, including a designated pedestrian crossing, pedestrian walkways, a speed restriction and a strict rule to wear hi-visibility clothing at all times.

"Had vehicle-pedestrian interactions been better controlled and managed then Brian would not have been killed. It demonstrates the need for proper risk assessments, to undertake regular reviews and to be wary of complacency."
Jennifer Gutteridge, Brian's widow, said:

"The death of my husband has completely devastated my life, and that of my daughter and grand-daughter. I have lost my best friend, the man I loved, and I have no-one to talk to and share my memories with.

"Life has been very hard without him, not just for me but for all of us - his mother, brother and sisters included

Fairground owner in court after 12-year-old falls from ride

A fairground owner has appeared in court after a 12-year-old girl was badly injured when she fell from a ride at Lostock Hall Carnival near Preston.

 

The fairground ride from which the 12-year-old girl fell

 

The girl fell several metres from the end seat of the High Roller ride, as it swung through the air, and landed on the platform below.

She suffered fractures to her pelvis in five places, a lacerated bladder, cracked bone in her spine, broken finger and bruising to her lungs. She also sustained numerous cuts and bruises, and still has significant scarring.

The owner of the fairground, Gary Gore, 52, was prosecuted by the Health and Safety Executive (HSE) following an investigation into the incident on 2 July 2011.

Leyland Magistrates' Court heard that HSE had issued a nationwide safety alert following a similar incident on the same type of ride at a fairground in Halifax in June 2010 where a disabled teenager fell from the end seat. The 19-year-old was left with bruising down her side and cuts to her face.
The alert banned fairground operators from allowing passengers to sit in the end seats of similar rides until safety bars had been fitted.

The warning was distributed through the Showmen's Guild - the national association for fairground operators - and Mr Gore was also given a copy when a HSE inspector visited his fairground at Heaton Park in Manchester in July 2010.

However the court was told the 12-year-old girl from Penwortham, who was injured at Lostock, had been sitting in an end seat on the ride and no additional safety barrier had been fitted.

Gary Gore pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of passengers on the ride. Mr Gore, of School Street in Bury, was fined £18,000 and ordered to pay £12,000 in prosecution costs on 15 February 2013.

Speaking after the hearing, HSE Inspector Mike Lisle said:

"The 12-year-old girl may well be affected by her injuries for the rest of her life because Mr Gore did not act on the safety alert issued by HSE.

"He was given a copy of the warning in person by a HSE inspector nearly a year before the incident, but the young girl was still allowed to sit in the end seat of the ride.

"Mr Gore had failed to fit new safety bars to the ride, despite having over a year in which he could have arranged for this to be done. As a result, passengers were likely to have been put at risk for several months.

"Safety alerts are issued for a reason and there's no excuse for them not to be followed. This prosecution should act as a warning to business owners of the potential consequences of ignoring them."

Solar panel firm fined for worker fall in Hampshire

A Dorset company specialising in the installation of solar panels has been fined for safety failings after a worker fell from a roof in Hampshire.

The Gendex Limited employee, who does not wish to be named, stepped through a rooflight at the New Milton and District Community Centre, on Osborne Road, New Milton.

He fell three more than metres into the centre in the incident on 17 February 2012 before landing on a raised platform. This broke his fall and he managed to escape uninjured.

Southampton Magistrates' Court heard today (7 March) that Gendex was installing 68 solar panels on the flat roof of the building over three days.

An investigation by the Health and Safety Executive (HSE) established that a scissor lift had been provided for employees to access the roof, as were safety harnesses and training. However, the harnesses could only be used in the lift because there were no attachment points on the roof itself.
HSE also found that no protection had been provided for either the edge of the roof or the two rooflights that were present.

Magistrates were told the company had decided it was sufficient to merely warn employees about the potential fall risks rather than install any safety measures that may have damaged the roof fabric. Scaffolding was also ruled out as a very last resort.

The court also heard that Gendex was served with a Prohibition Notice by HSE in March 2006 relating to unsafe ladder work. So the company, which also does cavity wall insulation, was fully aware of the need to carefully control and manage all work at height.

Gendex Limited, of Bridge House, Court Road, Swanage, was fined a total of £13,000 and ordered to pay £2,477 in costs after pleading guilty to two separate breaches of the Work at Height Regulations 2005.

After the hearing, HSE inspector Adam Wycherley 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.

"Thankfully the worker avoided injury on this occasion, but he was extremely fortunate to do so. The fall was entirely preventable and Gendex Ltd has no excuse for failing to do more than they did to mitigate the risks he and others faced.

"Roof work must be properly planned and appropriate safety equipment provided."

Firm fined after pedestrian is struck by falling masonry

A Portsmouth firm has been fined for safety failings after a member of the public was struck by masonry during unsafe overhead work in Surrey.

CCTV stills capture the moment of impact as the pedestrian is struck by the dislodged masonry

 

The 29 year-old passer-by, who does not wish to be named, cut and bruised his shoulder and experienced muscle spasms as a result of the incident on Camberley High Street on 31 May 2012.
Guildford Magistrates' Court heard today (4 March) that Majestic Construction Limited was undertaking work above shops to clean stonework and install pigeon spikes.

A mobile elevating working platform (MEWP) was correctly being used for the task, but as it was being repositioned it struck a building and dislodged a chunk of masonry weighing some 8kg that fell almost eight metres to the pavement below.

The stone struck the pedestrian on the shoulder and knocked him to the ground, as dramatically captured by nearby CCTV cameras.

A subsequent investigation by the Health and Safety Executive (HSE) established that although barriers had been placed around the nearside support legs of the MEWP, there was nothing to prevent anyone from walking directly underneath the ongoing work overhead.

Magistrates were told that some of the barriers were being moved to provide a safe-working cordon further along the street where the MEWP was headed, but nobody warned the pedestrian to stand back or to be aware of the overhead work.

The incident could have been prevented had the work been better managed with a proper safety cordon in place.

Majestic Construction Limited, of Lakeside, North Harbour, Western Road, Portsmouth, was fined £8,000 and ordered to pay £5,473 in costs after pleading guilty to a single breach of the Work at Height Regulations 2005.

After the hearing, HSE inspector Andrew Cousins said:

CCTV stills capture the moment of impact as the pedestrian is struck by the dislodged masonry

 

"This was an entirely preventable incident that resulted in a large chunk of masonry being knocked onto an entirely innocent pedestrian. It is pure luck that it missed his head, otherwise he could well have been killed.

"Simply fencing off the area beneath the works and providing an alternative route around it is all that was necessary.

"Where people are working overhead in a public area they must exclude the public from the work area wherever possible. Public safety needs to be proactively managed in exactly the same way as that of those undertaking the work, and not just left to chance."

Landscape gardener crushed by 'unsafe' skip loader

A self-employed businessman has been given a suspended jail sentence for supplying unsafe construction equipment that led to the death of a father-of-six who was working on a garden in Reigate, Surrey.

The skip loader on its side following the incident
 

Ken Pinkerton, a 47-year-old landscape gardener, was crushed when a one-tonne skip loader he was using tipped over onto its side. He had hired the loader, a type of dumper, along with a mini-digger from Brian Beavis, who traded as Heavy Plant Repairs, of Canterbury, Kent.

The fatal incident, on 28 September 2011, was investigated by the Health and Safety Executive (HSE) who today (8 March) prosecuted Mr Beavis for serious safety failings at Guildford Crown Court.

Key flaws identified by HSE with the skip loader included:

• it had no seat belt
• the roll-over protection could not be operated, and,
• a missing spring meant the engine cover couldn't be secured

The court heard that Mr Pinkerton, who lived with his long-term partner and their six children in Herne Bay, ran his own landscaping business and had been hired for a job in Reigate.

He was using the mini-digger when it turned over. He then took the skip loader to try to upright the digger. However, as he was trying to operate the machine, it went backwards, reversed over some garden waste, left the ground and then tipped over. He was thrown from his seat and sustained fatal crush injuries.

In addition to several defects on the skip loader found by HSE, Mr Beavis had failed to provide any user information for the construction equipment he had supplied.

Brian Peter Beavis, t/a Heavy Plant Repairs, of Nash Road, Ash, Canterbury, Kent, pleaded guilty to breaching Section 6(1)(a) of the Health and Safety at Work etc Act 1974. He was given a nine months' prison sentence, suspended for a year, and ordered to pay £10,000 compensation to Mr Pinkerton's partner.

Passing sentence, Mr Recorder Nelson QC said: "It is just tragic that six children lost their dad. The deceased would likely have survived had there been a seatbelt and rollover bar."
After sentencing, HSE Inspector Amanda Huff said:

"This was a tragic incident that devastated Mr Pinkerton's family and left six children, the youngest only five at the time, without their father.

"Brian Beavis could have prevented the incident by making sure that the skip loader was properly maintained and safe. Skip loaders are at risk of rolling when they are used on uneven ground. Had the machine had a working seat belt and functioning roll-over protection, it is probable Mr Pinkerton would have survived the crash.

"Businesses who hire out mobile plant must ensure that is in a safe condition and provide proper safety and user instructions to the customer. Anyone wanting to hire plant would be well advised to check all the safety features are in place and that clear instructions are available."

Mr Pinkerton's partner, Karen Checksfield, said his death had a traumatic impact on all of their children, then aged between five and 17 years.

 

"Five of the children are still having counselling. I am concentrating on getting the children through this tough time.

"The main thing is Ken is no longer here. He was my best friend and would support me emotionally. I miss so much not being able to talk to him about things. I can't put into words how I feel. If I had a bad day he would give me a cuddle, I miss that. It is the silly things you miss like sharing a joke or even watching TV together, or having 'grown-up' food and a glass of wine together. I miss his strength

Scrap metal firm fined after bus swings into employee

A scrap metal firm has been fined after an employee was badly injured when a bus swung into him while it was being lifted onto a truck in Merthyr Tydfil.

Clifford Evans, 49 from Fochriw, Caerphilly, was momentarily pinned against a wall before the bus swung back again, and suffered fractures to his pelvis and ribs.

Abba Scrap Metals Ltd was today (27 Feb) prosecuted by the Health and Safety Executive (HSE) following the incident at Penygarnddu Industrial Estate on 6 December 2011.

Merthyr Tydfil Magistrates heard today (27 February) that workers at the company had been loading a three-and-a-half tonne single-decker bus onto a low-loader truck, after salvaging parts from it, so that it could be taken to a scrap yard to be crushed.

They had planned to use an excavator to lift the front of the bus and a forklift truck to lift the rear, so that the low-loader could then reverse under it. As they lifted the front of the bus, using two chains attached to the grab on the excavator, it swung outwards and struck Mr Evans.

The court was told the work had been badly planned and none of the workers involved had received training on lifting vehicles using chains. The company should not have allowed a worker to stand in a position where he was at risk of being pinned against a wall by the bus.

Abba Scrap Metals, of address, was fined £8,000 and ordered to pay £8,912 in costs after admitting a breach of the Lifting Operations and Lifting Equipment Regulations 1998.

Speaking after the hearing, HSE Inspector Dean Baker said:

"Clifford Evans suffered painful fractures to his pelvis and ribs, but his injuries could easily have been more serious or even fatal.

"The bus could have been lifted by simply using the grab on the excavator, but the company overcomplicated it by using two vehicles and not positioning the chains safely.

"Had the work had been properly planned by Abba Scrap Metals, and had workers been given proper training on lifting vehicles, then the incident could have been avoided."

Council in court for ignoring asbestos threat in school

Thurrock Council has been fined after admitting to failures in how it managed asbestos across its schools.

Basildon Crown Court heard today (1 March 2013) that despite being made aware of asbestos concerns in a boiler room at Stifford Clays Junior School, no action was taken.

A specialist contractor tasked with carrying out an asbestos survey by the council in 2004 said that dust and debris found in the boiler room containing asbestos fibres should be removed immediately under licensed conditions.
However, an HSE inspection in April 2010, as part of a national initiative to ensure that local authorities understand their duties in managing asbestos across their school estate, found that nothing had been done.

This was despite school staff and contractors alike regularly entering the boiler room in the intervening six year period.

HSE served a Prohibition Notice on 24 April 2010 barring entry to the boiler house until it was made safe.

Thurrock Council was also served with two Improvement Notices regarding the management of asbestos in its schools elsewhere in the county.

Thurrock Council, of Civic Offices, New Road, Grays, Essex, was fined a total of £35,000 and ordered to pay £15,326 in costs after pleading guilty to a Regulation 10 breach of the Control of Asbestos Regulations (CAR 2006) and a breach of the Management of Health and Safety at Work Regulations 1999 - both in relation to failings across the school estate.

The council also admitted a Regulation 11 breach of the Control of Asbestos Regulations (CAR 2006) in relation to the specific incident at Stifford Clays Junior School.

After the hearing HSE inspector Samantha Thomson, said:

"This was a clear example of a local Authority failing to manage asbestos across its schools for a number of years.

"At Stifford Clays Junior School, the caretaker regularly worked in the boiler room with dust and debris over a period of six years. She will have been exposed to asbestos fibres and now faces an anxious wait to see if it results in any long-term health issues.

"This was easily preventable. Thurrock Council was informed of the potential for exposure in 2004, yet failed to act on the knowledge until HSE's involvement some six years later."

London building firm fined for worker fall

A London interior fit-out company has been fined for safety failings after a worker suffered life-changing injuries when he fell through a fragile roof light at a construction site in Kensington.

The 46-year-old worker broke three vertebrae, his right shoulder blade and several ribs in the fall at a property undergoing redevelopment in Rutland Gate, Kensington, on 3 February 2011.

The married father-of-four is unlikely to be able to return to manual work as a result of the injuries.

Westminster Magistrates' Court heard yesterday (27 February) that he was carrying out insulation work on a flat roof for Shoreditch-based Sherlock Interiors Contracting Ltd.

He fell through one of the roof lights and six metres to the ground below.
The Health and Safety Executive (HSE) investigated and found that hard-board coverings previously installed over the roof lights had been removed and replaced with thin plastic sheeting. In addition, safety decking beneath the roof - designed to protect workers in the event of a fall - was no longer in place when the man started work.

The fall could have been prevented had the risks been properly assessed, and had the work been better planned and managed.

Sherlock Interiors Contracting Ltd, of Vestry Street, London, N1, was fined £8,000 and ordered to pay £5347 in costs after pleading guilty to breaching Regulation 9(1) of the Work at Height Regulations 2005.

After the hearing, HSE inspector Peter Collingwood 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 effective management arrangements are in place to ensure risks are managed and workers are protected. Fragile roof covers provide little or no protection, and should be viewed with the same level of danger as an open void."

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 prosecuted by the Health and Safety Executive (HSE) following the incident at its factory on London Road on 30 July 2010.

The poorly guarded rotating saw at East Cheshire Glass in Macclesfield

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."

Flooring firm fined after worker dragged into machinery

A flooring manufacturer has been found guilty of safety failings after an employee was dragged into an unguarded machine at its factory in Greater Manchester.

Polyflor Ltd was prosecuted by the Health and Safety Executive (HSE) following the incident at its plant on Radcliffe New Road in Whitefield on 17 May 2011.
During a four-day trial at Manchester Crown Court, the jury heard that the male worker, who has asked not to be named, was working on a nightshift when a conveyor belt became jammed.

Maintenance workers were unable to repair the fault and guards from the machine were removed so that it could continue to operate. The injured worker was using a spanner to try to stop the belt rubbing when he was pulled into the machine.

The 43-year-old from Sale had to be cut free and suffered a broken arm. He needed seven weeks off work to recover.

Polyflor Ltd, of Hollinhurst Road in Radcliffe, was today (28 February) found guilty of a breach of the Provision and Use of Work Equipment Regulations 1998 for failing to ensure routine maintenance work could be carried out safely on the machine.

The company, which manufactures flooring for offices, sports centres and schools, was fined £7,500 and ordered to pay £34,000 in prosecution costs.
Speaking after the hearing, HSE Inspector Emily Osborne said:

"The Polyflor employee was lucky to escape with a broken arm. His injuries could have been much worse.

"The company should never have allowed workers to be put at risk by letting them carry out maintenance work to the machine while it was still operating.
"It has since installed a new safety system on the conveyor belt which makes it impossible for it to be run when the guards have been removed."

Who is competent to work on gas fittings?

Domestic properties, schools etc

In domestic properties and workplaces such as shops, restaurants, schools and hospitals, this must be carried out by someone on the Gas Safe Register who is qualified to work on gas appliances. 
 
It is illegal for an unregistered person to carry out work on any domestic gas appliance. You can check this by contacting the Gas Safe Register online or by calling them on 0800 408 5500.

All those who are registered carry a Gas Safe ID card, which shows the type of work they are qualified to do and whether their qualifications are up to date.

Factories, mines etc

In factories, mines, quarries, agricultural premises, construction site huts and sewage works, work on gas fittings must be carried out by a competent person It is your responsibility to check that they are competent. If the engineer is on the Gas Safe Register, with the qualifications to do the work required, then they will be a competent person.

Work in any parts of these premises used as domestic, residential or sleeping accommodation must be carried out by someone on the Gas Safe Register.