Tuesday 30 April 2013

Gloucester Manufacturer in court for worker fall

Roger Bouskill, 63, from Tuffley, was helping remove redundant plant and equipment at Mekufa (UK) Ltd when the incident happened on 28 March 2012.
In a prosecution brought by the Health and Safety Executive (HSE), Cheltenham Magistrates’ Court heard today (22 April) that Mr Bouskill was dismantling a large dis-used oven, the flue of which extended into the ceiling space. Sections of the flue were being removed using a forklift cage to gain access.

During the operation Mr Bouskill left the cage to get onto the roof of the oven. As the stack was being moved it toppled and knocked him 2.5 metres to the ground. Mr Bouskill fractured his arm and suffered concussion. He was unable to return to work for five weeks.

An investigation by HSE found there was no documented plan or risk assessment for the task, which was unsupervised, or for any of the other removal works taking place. In addition, the employee operating the fork lift truck was not trained to do so.

Mekufa (UK) Ltd of Unit 1 Permali Park, Bristol Road, Gloucester, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. The company was fined £3,000 and ordered to pay costs of £3,569.

Speaking after the prosecution, HSE Inspector Ian Whittles said:

"Mr Bouskill sustained a serious injury and could have died as a result of the fall.

"The dangers of working at height are well known, yet incidents of this kind occur all too often. The fall could have easily been prevented if Mekufa (UK) Ltd had assessed the risks and put simple measures in place to minimise them.

"An appropriate plan would have also ensured that those undertaking the work were appropriately supervised and competent.

"This prosecution should serve as a reminder to all companies who expect their employees to work at height of their legal duties to manage safety and provide the protection required to safeguard them from falls."

Halifax firm's failings put teenager in hospital

Halifax Magistrates heard that the 18-year-old warehouse worker suffered a broken leg in the incident at THS Industrial Textiles Ltd, Heathfield Business Park, in Elland on 16 March 2011.

The man, who lives in Halifax but does not wish to be named, was in hospital for three days and has since recovered and found a job elsewhere.

The injury prompted an investigation by the Health and Safety Executive (HSE), which brought the prosecution against the company after uncovering a series of safety failings.

The court was told the employee was inside a container unloading pallets when a double-stacked pallet fell over. HSE found THS Industrial Textiles had operated a dangerous system of work for unloading the pallets for a considerable time and failed to provide workers with the right equipment to do the job safely.

The pallets were being dragged by workers using straps across the container floor to get them closer to the doors so they could be lifted off by a forklift truck. They were also being dragged on the end of the forks to get them closer to the doors. In addition the truck, which didn’t have a valid lifting certificate at the time of the incident, was carrying pallets that were heavier than its capacity.
Another worker had warned the firm before the incident that the forklift was being used to lift loads that were too heavy, but this had been ignored.

THS Industrial Textiles was fined £6,000 and ordered to pay £4,994 in full costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

After the hearing, HSE Inspector David Welsh said:

"A young worker suffered a serious injury that could have been far worse as a result of this company’s numerous failures. This was not an isolated breach as it was clear these unloading operations had been taking place in an unsafe manner for some time.

"THS Industrial Textiles was very poor at assessing and managing risks arising from this work, despite its dangers being well recognised within the industry.
"Unloading pallets appears to be a simple operation but it needs to be planned carefully, workers need the right equipment for each kind of unloading task, and the employer needs to actively supervise them."

Worcester father and son prosecuted for illegal gas work

Christopher Amphlett, 65, and his son Mark, 37, trading as Worcester Windows, Doors and Conservatories, knew they had to manage the existing flue of the gas boiler before they began the conservatory at the property in Hillside Close, but they didn’t.

When they finished the building in Christmas 2011 they illegally inserted a plastic pipe into the original flue and extended it through the conservatory roof of the ground floor maisonette.

Worcester Magistrates' Court heard that the offence only came to light when British Gas visited the property three months later to do their annual check. They detected a gas leak from the flue in the conservatory and immediately condemned the boiler.

An investigation by the Health and Safety Executive (HSE) found the two men were aware that the flue they put in was defective but had made no attempt to rectify it. Neither of the pair were registered engineers with the Gas Safe Register.

Christopher Edmund Amphlett, 65, of Newtown Road, Worcester, pleaded guilty to breaching Regulation 8 (1) of the Gas Safety (Installation and Use) Regulations 1998, and was ordered to carry out 150 hours of unpaid community work over 12 months. He was also ordered to pay £2,400 costs.

Mark Kristian Amphlett, 37, of Canterbury Road, Worcester, pleaded guilty to breaching Regulation 3 (3) and Regulation 8 (1) of the Gas Safety (Installation and Use) Regulations 1998. He was also sentenced to 150 hours of unpaid community work over 12 months and ordered to pay £2,400 costs.

Speaking after the hearing, HSE Inspector Wai-Kin Liu said:

"Christopher and Mark Amphlett knowingly proceeded with an illegal gas fitting task that left the home owner at considerable risk. This case could have been much more serious if the resident had not been due a contracted check by the gas provider.

"Gas appliances may be affected by building works or the modification of premises. A common mistake among some builders and people doing DIY work is that they do not consider the implications of the building work to existing gas appliances.

"This case should serve as a lesson to any builder who is tempted to undertake gas work when not qualified and not registered. Householders should be extra vigilant in checking that any gas work is carried out only by registered engineers."

Hertfordshire company fined for electrical safety failings

Watford Magistrates’ Court heard that tools including power hammers and grinding machines, as well as fixed electrical systems, were so poorly maintained at Arrow Tools in Waltham Abbey that they presented immediate and potentially fatal risks to employees.

The failings were identified by the Health and Safety Executive (HSE) during an inspection on 19 November 2009

HSE served four Improvement Notices on the company, including one to improve management arrangements, over an 18 month period.

However, despite two extensions being granted to comply with the terms of the notices, subsequent investigations in 12 Nov 2010 and 7 April 2011 found there were still insufficient arrangements to properly manage risks.

Arrow Tools (UK) Limited, of Gordon Road, Waltham Abbey, was fined a total of £24,000 and ordered to pay £3,000 in costs after admitting a breach of the Electricity at Work Regulations 1989 and for ignoring the management improvement notice.

After the hearing, HSE inspector Peter Burns said:

"It is important that companies recognise and acknowledge the risks posed by poorly maintained electrical systems, which could ultimately result in death – as was the real danger here.

"The best way to ensure that these and other risks are controlled is to have effective management systems in place.

Arrow Tools were served several Improvement Notices, including one in relation to their management arrangements, and were given ample time to comply. Yet they failed to do so and put their employees at risk for an extended period of time in the process.

"Companies have a legal duty to protect the health and safety of their employees and other around them and this includes complying with improvement notices."

Knowsley cable firm fined over severe electric shock

Medics had to resuscitate the worker on the way to hospital when his heart stopped beating as the result of a cardiac arrest. He also sustained serious burns to his arms and hands.

Tratos Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation found the safety lock on the entrance to a high-voltage testing area at the factory had been removed.

Liverpool Magistrates’ Court was told the 28-year-old, from Hindley near Wigan, who does not wish to be named, had been working in an area of the factory used to test cables at voltages of up to 2,000 volts.

However workers at the factory had been struggling to shut the door leading to the testing pen after one of the hinges became damaged. They altered the locking mechanism for the door which tricked the safety system into believing it was locked shut. This meant power could be applied to the pen with the door still open.

The worker suffered a severe electric shock when he disturbed one of the cables in the testing pen while a current was being fed through it.

Tratos Ltd, of School Lane, Knowlsley, was fined £15,000 after pleading guilty to a breach of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of its employees. The company was also ordered to pay £4,206 in prosecution costs.

Speaking after the hearing, HSE Inspector Bruce Jones said:

"Workers shouldn’t have been able to gain access to the testing pen while electricity was being fed through the cables, but the safety system that prevents this from happening was overridden.

"Tratos Ltd’s employees hadn’t been given any information or training on what to do if the testing pen became damaged, and decided to remove the safety mechanism in the door so that they could continue to test cables.

"The company should have ensured that effective health and safety management was in place not only to provide adequate supervision but also safe working procedures for employees to follow. Had this happened, the life-threatening injuries suffered by an employee could have been avoided."

Construction company fined for maintenance failings

Basildon Magistrates’ Court heard that a forklift truck belonging to Aveley Construction Ltd was heavily used at the company’s South Ockendon premises for more than 12 months without any kind of thorough examination.

It is a legal requirement to check such equipment at least once a year, yet the truck, used to move heavy steel fabrications, was kept in continuous use for well over a year despite showing obvious signs of disrepair.

Magistrates were told that an investigation by the Health and Safety Executive (HSE) carried out on 23 June 2011 found that when the truck was eventually examined only six items out of 24 that formed the basis of the report were marked "satisfactory". The remaining 18 items were classed as "repair needed".
Defects included worn out tyres, flashing beacons and lamps not working and a loose counter-weight.

Aveley Construction Limited, of Aveley Industrial Estate, Arcany Road, South Ockendon, was fined a total of £3,000 and ordered to pay £3,238 in costs after admitting single breaches of the Lifting Operations & Lifting Equipment Regulations 1998 and Provision & Use of Work Equipment Regulations 1998.

After the hearing, HSE inspector Keith Waller said:

"The company’s forklift truck had a number of serious defects which put the driver and those in the vicinity of the truck at risk of being seriously injured or even killed.

"All machinery must be maintained regularly to ensure it is safe to work with and be near. It is not enough to rely on reactive maintenance and only fix things when they go wrong; companies should be looking for signs of wear and tear before any deterioration leads to an incident.

"HSE will not hesitate to prosecute when companies neglect their equipment and put workers and others at risk."

Conder Allslade in court for safety breaches

Conder Allslade was prosecuted by the Health and Safety Executive (HSE) for serious safety failings that led to the incident at its factory in Hillsea on 10 June 2011.

The 64-year-old man, who does not wish to be named, was airlifted to Southampton hospital after being crushed by the toppling steel beam. He suffered numerous injuries including a fractured skull, two crushed discs in his back, a broken knee and ankle bones, as well as a blood clot on his lung.
Portsmouth magistrates were told (23 April) the employee, a fabricator/welder, was working on a steel beam that was sitting unsecured on a metal trolley. He was manoeuvring an overhead crane when the hook of the crane struck the beam and sent it toppling from the trolley.

The beam struck the worker causing life-threatening injuries. He remained in hospital for a month and, some two years later, is still having to undergo surgery and treatment.

HSE served a Prohibition Notice on Conder Allslade after the incident to prevent any further work on steel beams while unsupported on the trolleys.

An investigation found the company had not carried out a proper assessment of the risks involved in that particular work process, and so had failed to put in simple safety measures that would have prevented beams from being knocked and becoming dangerously unstable.

Conder Allslade Ltd of Limberline Road, Portsmouth, was fined a total of £16,000 and ordered to pay £5,074 in costs after pleading guilty to single breaches of the Management of Health and Safety at Work Regulations 1999 and the Provision and Use of Work Equipment Regulations 1998.

After the sentencing, HSE Inspector Craig Varian said:

"The painful and debilitating consequences of these dreadful injuries will be with this man for the rest of his life.

"The term ‘risk assessment’ is often lambasted as a technicality or part of a tick-box exercise. However, the true meaning of the term and its importance are very starkly demonstrated in this case. Had Conder Allslade undertaken a risk assessment and then taken the action necessary to mitigate the risks, the incident could have been avoided.

"In this case, inexpensive and easy-to-implement solutions were available and the company did put measures in place after the incident. Sadly that was too late to prevent an individual needlessly suffering multiple injuries."

Plant hire company fined after worker killed

Mr Stuart Guard died after becoming entangled in the cutting wheel of a machine designed to remove the top layers of tarmac on roads.

The Health and Safety Executive (HSE) told Swindon Crown Court that Stuart Guard, 28, from Portishead, was sent by Direct Plant Services Ltd (trading as South and West Highways Trenching) to a site in Box to prepare trenches for new gas pipes.

On 30 July 2009, Mr Guard was driving a trenching machine with a top cutter attachment. After completing the trench Mr Guard got down from the cab of the machine while the cutting wheel was still raised and rotating. He became entangled in the wheel, suffering fatal injuries.

The court heard a safety switch under the operator’s seat to stop the engine and the cutting wheel when the seat was vacated had been deliberately disabled. HSE also found the safety switches on all three top cutters owned by the firm had been bypassed.

The HSE investigation found that it was common practice for trench machine operators to check and change the picks during and at the end of each job. Although the firm recognised checking the picks was a two-man job, it routinely hired out the top cutter with only one worker. Checking the picks by a sole operator was quicker if the worker could leave his seat and observe the slowly rotating raised wheel.

South and West Highways Trenching, of Old Mill Road, Portishead, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and three breaches of Regulation 11 of the Provision and Use of Work Equipment Regulations 1998 in relation to the incident. The company was fined £100,000 and ordered to pay £56,890 in costs.

Speaking after the prosecution, HSE inspector Helena Tinton said:

"South and West Highways Trenching paid scant regard to the welfare of its employees and took dangerous shortcuts in its attitude toward safety. The company’s safety failings had disastrous consequences for Mr Guard.

"The law clearly states that employers have a duty to ensure the health and safety of their employees, which includes ensuring machinery and systems of work are safe.

"The top cutter is a powerful machine, designed to cut through tarmac. They are fitted with safety switches for a very good reason – to prevent operators getting too close to rotating cutting wheels. Sending any of the three company machines to sites with one operator and with the safety switches deliberately bypassed puts workers at risk of serious injury or death while trying to check the picks"

Firm sentenced after worker is killed by runaway lorry

Father-of-three Gary Walters, 51, was working for Gloucester-based contract haulier Larkins Logistics Ltd when the fatal incident occurred on 11 October 2010.

He was collecting a trailer loaded with structural concrete products from Bison Manufacturing Ltd in William Nadine Way, Swadlincote, Derbyshire. He failed to apply the brake in his cab and, because Bison’s drivers had not applied the brake to the trailer, the vehicle moved off as he was coupling the two parts together.

Mr Walters, of The Street, Crowmarsh, Oxfordshire, is believed to have gone round the front of the vehicle, possibly in an attempt to get into the cab and apply the brakes, but he was struck by the cab and run over. He died of multiple injuries.

An investigation by the Health and Safety Executive (HSE) found that drivers working for Bison did not routinely apply the trailer brakes to ensure the units were safely parked. Following Mr Walters’ death, a police vehicle examiner examined ten other trailers at the site but none had the brakes applied, and no other manual system of restraint, such as chocks or hooks, was in place.

Derby Crown Court heard that there had been a number of other instances of lorries rolling away and Larkins’ drivers had not been properly trained to assess the use of trailer brakes in the yard.

Both companies had identified the risk to workers, but had failed to implement appropriate control measures. Their method of working ignored published safety guidance, which meant that drivers and other employees were all at risk.

Following a trial on 8 and 9 April 2013 Larkins Logistics Ltd, of Dobbs Hill Farm, Staunton, Gloucester, was found guilty of breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and was today (24 April) fined £350,000 for the Section 2(1) offence, £100,000 for the Section 3(1) offence and ordered to pay full costs of £23,317.

Bison Manufacturing Ltd, of Bridge Place, Anchor Boulevard, Admirals Park, Crossways, Dartford, Kent, admitted the same charges and was fined £233,000 for the Section 2(1) offence, £67,000 for the Section 3(1) offence and ordered to pay full costs of £21,341.

After the hearing HSE inspector Judith McNulty-Green said:

"This was not an isolated incident – sadly there are deaths and serious injuries to drivers every year in similar circumstances. It happened out of poor practice and was entirely preventable.

"Bison Manufacturing Ltd failed to implement a safe system of work for the storage of trailers with the brakes applied. They and Larkins Logistics Ltd also failed to implement and monitor working procedures for coupling and uncoupling trailers in the yard, and they failed to do it despite previous incidents.

"Had they do ne so they would have realised trailer brakes were routinely not being applied, taken appropriate action and a man would not have lost his life so needlessly."

Mr Walters had three children with his wife Vanessa – James, who was 19 at the time of the incident, Joanna, 15, and Tanya, 13.

Mrs Walters said:

"I hope that people learn from this tragedy and that today’s prosecution will go some way to changing the way people in the same industry work. I do not want this to happen to another family.

"Telling our children their dad had died was the worst experience of my life. I felt so helpless that they were hurting and that there was nothing I could do to make it better. As a parent you want to protect your children at whatever cost.

"James is 21 now and starting his own family. It’s sad that Gary never got to see his first grandchild. When the girls get married it won’t be a traditional wedding as their dad won’t be there to give them away. Gary will be missing from all the family portraits. There will never be a full picture again."

Builder in court over life-threatening roof fall

The 48-year-old from Wallasey, who does not want to be named, landed head first on the tarmac path outside the front door of the house on St Winifred Road in Wallasey on 2 August 2012. His skull was split open causing a severe bleed on his brain.

His employer, Scott Davies, was prosecuted by the Health and Safety Executive after an investigation found the scaffolding tower was incomplete and unsafe, and that there was inappropriate protection for the edge of the roof.

Wirral Magistrates’ Court heard Mr Davies, who trades as Merseyside Roofing Solutions, had been hired to repair a flat roof over a bay window, repair damaged roof tiles and fit new guttering at the three-bedroom end-terrace house.

His employee was working on the roof when he slipped down a sloping section and off the unprotected edge, falling more than six metres to the ground below. As well as sustaining severe head injuries, he also suffered crushed vertebra and prolapsed discs in his back, a broken collar bone, and shoulder and nerve damage.

He was in hospital for several weeks and will never work again due to the extent of his injuries. He still suffers fits and is waiting to have a metal plate fitted to his skull.

The court was told Mr Davies did not have any Employers’ Liability Compulsory Insurance at the time of the incident. This means the injured worker will be unable to make a claim for compensation from an insurance company.
Scott Davies, 39, pleaded guilty to separate breaches of the Health and Safety at Work etc Act 1974 and the Employers’ Liability (Compulsory Insurance) Act 1969. Mr Davies, of Rowson Street in New Brighton, was ordered to carry out 100 hours of community service in the next 12 months, and to pay prosecution costs of £3,000.

Speaking after the hearing, HSE Inspector Mark Baker said:
"The worker sustained horrific life-changing injuries and could easily have been killed.

"Scott Davies was in charge of the work, but he failed to put in place suitable safety measures. The scaffolding tower was unsafe and there was no barrier around the roof to prevent workers falling to the ground below.

"The injured worker’s injuries mean he will never be able to return to work, and will need support for the rest of his life.

"Sadly Mr Davies’ decision not to get insurance, despite it being a legal requirement, means that the worker will be unable to make an insurance claim for compensation."

Building firm sentenced after employee falls to death

The Health and Safety Executive (HSE) prosecuted Galt Civil Engineering Ltd and Peter Stuart following an investigation into the death of Peter Halligan at Sutton Hall Farm on 14 August 2008.

Liverpool Crown Court heard that the 45-year-old from Liverpool and a colleague had started work at the farm, on London Road in Lyme Green, three days earlier. They had been constructing brick manhole chambers above the circular tank, approximately 7.5 metres in diameter, which had been installed to collect flood water.

A HSE investigation found they had not been given sufficient information or a risk assessment for the job, and were not given any advice about working above the storage tank by their employer.

Peter Stuart, 54, who was the director with day-to-day responsibility for running the company, visited the site the day before the incident and saw both men working over the exposed openings in the tank. However, he took no action to put safety measures in place.

On the day of the incident, Mr Halligan’s colleague had gone to collect a saw but when he turned back around he could no longer see Mr Halligan. His body was found at the bottom of the storage tank.

Galt Civil Engineering Ltd, which is in administration, and Peter Stuart pleaded guilty to breaching the Health and Safety at Work etc Act 1974 by failing to ensure the safety of workers.

Galt Civil Engineering Ltd, of Manchester Road in Wilmslow, received a nominal fine of £50 and was ordered to pay prosecution costs of £24,974. Peter Stuart, of Delph Lane in Chorley, was fined £30,000 with no costs.

James Halligan, one of Peter’s brothers, said:

"Peter was the glue that held us together after the loss of our parents. He is missed so much that it hurts.

"Every day I say to myself Peter should be here with us where he is loved so much. It should have been old age that took him away but it was not."
Speaking after the hearing, HSE Inspector Kevin Jones said:

"Peter Halligan sadly lost his life because his employer didn’t give any thought to his safety as he worked above a 15-metre deep tank.

"There were several ways the work could have been carried out safely, such as using a harness, installing a guardrail around the opening, or providing temporary covers. However, Galt Civil Engineering and Peter Stuart chose none of these.

"This case shows how health and safety when working at height doesn’t just affect work being carried out at the top of buildings. The risks are just as great at lower levels if there’s the potential for someone to fall a distance likely to cause serious injury."

Builder fined for failing to provide proper facilities for workers

David Lawrance, as a partner for Swiftfix Reinforcement Specialists, failed to provide adequate washing facilities and rest areas at a site in Beach Road, Carbis Bay, between May and July 2012 where a new home was being built.

Bodmin Magistrates’ Court heard that when an inspector from the Health and Safety Executive (HSE) visited the site he found there was no hot or cold running water, or even a basin to wash in.

There was also no supply of suitable drinking water, just a hose running from a neighbouring property into a plastic container.

The inspector also found that an area for resting, drying clothes or eating was inadequate. There was a small portable office with room for three chairs, but there were eight workmen on site and there was no electricity supply connected to the office.

An Improvement Notice was served requiring better conditions, but a follow-up HSE inspection revealed nothing had changed.

David Lawrance, of Downside, Rosudgeon, near Penzance, pleaded guilty to a single breach of the Construction (Design and Management) Regulations 2007. He was given a two year conditional discharge and ordered to pay costs of £2,141.

Speaking after the hearing, HSE Inspector Barry Trudgian, said:

"The need to provide running water to wash hands and arms is not a trivial matter on a building site.
"The workmen were pouring concrete and when splashed on the skin this can lead to dermatitis if it is not washed off. Apart from being an unpleasant condition, in some cases it can lead to the loss of use of fingers and hands.

"Site contractors and supervisors like David Lawrance, who are responsible for the work of employees or subcontractors, have a legal duty to ensure that adequate facilities are in place for the welfare of the workforce from the very start to the completion of construction work."

Thursday 18 April 2013

Seasonal illuminations company fined for employee fall

Ryszard Zolyniak, from Chesham, aged 44 at the time, was fixing bunting outside a supermarket to celebrate the wedding of the Duke and Duchess of Cambridge when the incident occurred at Chesham High Street on 11 April 2011.

He and a colleague from Lamps and Tubes Illuminations Ltd were using a ladder for the job when he slipped, falling five metres to the ground below. Mr Zolyniak suffered five broken bones in his wrist, a lost tooth and a trapped nerve in his leg.

Aylesbury Magistrates Court heard that an investigation by the Health and Safety Executive (HSE) established that a Lamps and Tubes Illuminations Ltd director had attended the site and advised Mr Zolyniak and his co-worker to use the ladder - even though two other employees working nearby were using a cherry picker.

The use of a ladder was unnecessary when a safer, more suitable way of working was available – as the company made clear in its own written procedures.

Lamps and Tubes Illuminations Ltd, of Springfield Road Industrial Estate, Chesham, was fined £5,950 and ordered to pay £10,000 in costs after admitting breaching Regulation 6(3) of the Work at Height Regulations 2005.
After the hearing HSE Inspector Stephen Faulkner said:

"Falls from height pose a frequent risk for Lamps and Illuminations Ltd employees due to the nature of the company’s work. So the bunting project should have been better managed.

"The company had in place a written set of procedures, which included not using ladders if another more suitable method of working at height was available. However, these were seemingly overlooked on the day of the incident, resulting in painful injuries for Mr Zolyniak that could have been avoided."

Cabinet firm fined over worker's severed finger

Michael Page was using a rotating circular saw to cut a piece of wood at Richmond Cabinet Company Ltd, on the Hadfield Industrial Estate, on 28 October 2011 when it severed the top of the little finger on his left hand.

The company, which manufactures cabinets for kitchens, arcade machines and fire surrounds, was prosecuted by the Health and Safety Executive (HSE) after an investigation found he had not received training on how to use the saw, or been given suitable equipment.

High Peak Magistrates’ Court heard that Mr Page, from Stalybridge, had pushed the wood through the saw by hand whereas he should have been given a push-stick or another tool to use.

There was also nobody at the factory responsible for supervising the use of the saw, despite it being operated daily.

The court was told that when an HSE inspector visited the site to investigate the incident, he found another machine had towels wrapped around the top of it to try and prevent wood dust getting into the air. Despite this, the machine was still covered in dust.

The inspector found that the exhaust ventilation system fitted above the machine to suck up the dust was not suitable as it left gaps.

Richmond Cabinet Company Ltd pleaded guilty to a breach of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of employees. The firm, of Waterside in Hadfield, was fined £8,000 and ordered to pay prosecution costs of £9,692.

Speaking after the hearing, HSE Inspector Stuart Parry said:

"Sadly the loss of fingers on circular saws is all too common, but Michael Page’s injuries could have been prevented if he had been given proper training and a push-stick to use.

"The company should also have done more to prevent workers breathing in wood dust, which can cause asthma and other respiratory illnesses.

"It should have been immediately obvious that stuffing towels around a machine wasn’t a sensible way of dealing with the problem. The exhaust ventilation system was not suitable and should have been replaced."

Company fined for flawed lifting operation

The 25-year-old from Gravesend, punctured both lungs, broke 17 ribs and suffered major internal trauma as a result of the incident at a hotel under construction on Park Lane, Stratford, on 15 November 2011.

He was in intensive care for eight days and was off work for more than five months as a result of the injuries he sustained.

Westminster Magistrates’ Court heard in a prosecution brought by the Health and Safety Executive (HSE) that his employer, Rollmark Engineering Limited, trading as MRI London, was contracted to move large items of equipment into a lower ground plant room at the hotel.

The injured worker was one of five MRI employees attempting to move a vessel weighing 1.3 tonnes into the room using a chain blocks and hoists. One worker was operating the hoists, two others were standing alongside the vessel to steady it and the final two, including the injured party, were standing on the edge of a raised ledge to provide further steadying support.

The vessel had been manoeuvred so that two of its feet were on the floor, but as it was being raised to stand fully upright the injured worker fell from the upper level. At the same time the vessel detached from a load hook and fell on top of him, pinning and crushing him against the edge of the ledge.

A subsequent HSE investigation found that although MRI had prepared a risk assessment and method statement for the work it was deficient in several areas. The statement was lacking detail, the wrong lifting equipment was specified and the assessment was not site specific, failing to acknowledge the actual risks associated with moving equipment down into the plant room.
HSE also found that the lifting equipment being used included a defective chain block hoist that had a missing safety catch.

Rollmark Engineering Limited, of Wharf Road, Denton Industrial Estate, Gravesend, was fined £12,000 and ordered to pay £14,860 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

After the hearing HSE Inspector Eileen Gascoigne said:

"This serious incident was entirely preventable and clearly demonstrates the need to ensure that lifting operations are planned and managed with the utmost care, especially when they involve heavy items of kit or machinery.

"Had the work been better assessed, and had the right equipment been provided, then the trauma the worker endured could have been avoided.

"He and his colleagues were placed at unnecessary risk, and I hope today’s prosecution sends a clear message to anyone undertaking such operations."

Company fined for scissor lift training failures

Knowsley-based Firesafe Installations Limited uses mobile elevated work platforms (MEWPs), such as a scissor lift, to access high work areas.

Southwark Crown Court in London heard that when a company employee was trapped between the guardrail of a scissor lift and some overhead ducting a colleague was unable to release him and bring him down because he was unaware of how to use the emergency controls.

Shaun Scurry, 39, of Kirkby, tragically died following the incident at the Westfield shopping centre in Stratford, East London, on 9 December 2009.
The court was told that although Firesafe Installations cannot be held directly accountable for the death, the company should have ensured staff knew how to operate the equipment they were using.

The Health and Safety Executive (HSE) investigated the fatality and established that familiarisation training was inadequate. Industry guidance dictates that such training is essential for anyone using MEWPs, and should be routinely assessed because controls vary between different makes and models.

Firesafe Installations Limited, of Security House, Caddick Road, Knowsley Industrial Park South, was fined £30,000 and ordered to pay £29,000 in costs after pleading guilty to a single breach of the Provision and Use of Work Equipment Regulations 1998.

After the hearing HSE Inspector Eileen Gascoigne said:

"This tragic case underlines the importance of familiarisation training – not only for direct operatives, but also those who may be required to take control in the event of an emergency.

"There is clear HSE and industry guidance on what is expected of companies working with MEWPs in this regard, and the failing of Firesafe Installations Limited is a clear example of why it is so important."

Builder in court over life-threatening roof fall

The 48-year-old from Wallasey, landed head first on the tarmac path outside the front door of the house on St Winifred Road in Wallasey on 2 August 2012. His skull was split open causing a severe bleed on his brain.

His employer, Scott Davies, was prosecuted by the Health and Safety Executive after an investigation found the scaffolding tower was incomplete and unsafe, and that there was inappropriate protection for the edge of the roof.

Wirral Magistrates’ Court heard Mr Davies, who trades as Merseyside Roofing Solutions, had been hired to repair a flat roof over a bay window, repair damaged roof tiles and fit new guttering at the three-bedroom end-terrace house.

His employee was working on the roof when he slipped down a sloping section and off the unprotected edge, falling more than six metres to the ground below. As well as sustaining severe head injuries, he also suffered crushed vertebra and prolapsed discs in his back, a broken collar bone, and shoulder and nerve damage.

He was in hospital for several weeks and will never work again due to the extent of his injuries. He still suffers fits and is waiting to have a metal plate fitted to his skull.

The court was told Mr Davies did not have any Employers’ Liability Compulsory Insurance at the time of the incident. This means the injured worker will be unable to make a claim for compensation from an insurance company.

Scott Davies, 39, pleaded guilty to separate breaches of the Health and Safety at Work etc Act 1974 and the Employers’ Liability (Compulsory Insurance) Act 1969. Mr Davies, of Rowson Street in New Brighton, was ordered to carry out 100 hours of community service in the next 12 months, and to pay prosecution costs of £3,000.

Speaking after the hearing, HSE Inspector Mark Baker said:

"The worker sustained horrific life-changing injuries and could easily have been killed.

"Scott Davies was in charge of the work, but he failed to put in place suitable safety measures. The scaffolding tower was unsafe and there was no barrier around the roof to prevent workers falling to the ground below.

"The injured worker’s injuries mean he will never be able to return to work, and will need support for the rest of his life.

"Sadly Mr Davies’ decision not to get insurance, despite it being a legal requirement, means that the worker will be unable to make an insurance claim for compensation."

Company fined after hoarding injures pensioner

The 85-year-old, sustained a deep cut that required 13 stitches in the incident at Wardroper House on St Georges Rd, Southwark, on 15 July 2010.

She was hospitalised for eight days before eventually making a full recovery.
Westminster Magistrates’ Court heard yesterday (10 April) that Durkan Ltd, of Waltham Cross, was responsible for the hoarding, which stood alongside a pavement outside the ongoing development.

An investigation by the Health and Safety Executive (HSE) identified that it was poorly maintained, badly designed and constructed, and had been overloaded with advertising material.

Magistrates were told that had the hoarding been properly designed and maintained to withstand a specific weight and inclement weather, then the incident could have been avoided.

Durkan Ltd, of High Road, Waltham Cross, Herts, was fined a total of £5,000 and ordered to pay £6,000 in costs after pleading guilty to a breach of the Construction (Design and Management) Regulations 2007.

After the hearing HSE Inspector Toby Webb said:

"Advertising hoardings of this nature are defined as temporary works and must be properly designed, constructed and maintained to ensure they are safe.

"This sign and hoarding was not maintained in a safe condition, and a pensioner was seriously injured as a result. She could have been killed, and there was a clear risk to other passers-by as well as workers on the construction site it served.

"Durkan Ltd could and should done more to prevent that risk."

Bournemouth building contractor prosecuted after worker loses leg

Dorchester Crown Court heard that David Mitchell, a director of Ferndown Developments Ltd, had hired James O’Connor, from Winton, to work at the cottage when the incident happened on 29 April 2009.

An investigation by the Health and Safety Executive (HSE) found that the property was on a sloping site and needed excavating below the level of the shallow cottage foundation in order to construct the foundations for the extension.

Mr O’Connor, 42, was in the process of lowering the ground level when the gable wall collapsed, knocking him to the ground.

At the same time, part of the wall fell through the windscreen of an excavator and activated the reverse lever. Mr O’Connor’s leg, which was on the track of the excavator, was pulled in and became trapped between the track and body of the excavator. He suffered shoulder, back and leg injuries and had to have his right leg amputated above the knee.

The HSE investigation found that Mr Mitchell, who had been contracted to carry out the job, did not control the work in a safe manner. He failed to identify the need to support the building during the excavation and foundation stages of the project.

David Mitchell, director of Ferndown Developments Ltd, Park Homer Drive, Wimborne, pleaded guilty to breaching Section 28(1) of the Construction (Design and Management) Regulations 2007 and was fined £2,000 and ordered to pay costs of £18,000.

Speaking after the prosecution, HSE Inspector Frank Flannery said:

"This was a very serious and wholly preventable incident in which a man in his prime lost a leg as a result of the omissions and failings during the planning and construction phases of the project.

"Had Mr Mitchell fully assessed the safety aspects of the work that he was contracted to do prior to starting, he would have identified the need to support the building during the excavation and the building of the new foundation. This would have allowed a structural engineer to be instructed prior to the work starting, and a safe system of work could have been determined.

"Whilst welcoming the verdict today, the fact remains that this incident could have easily resulted in a more serious outcome and is a reminder to all those in the construction industry of their legal duties to manage health and safety."

Worker's death leads to £75,000 fine for Nuneaton transport firm

Marcin Rogala, 29, who lived in Harold Street, Nuneaton, was working at Ralph Coleman International Ltd on the Bermuda Industrial Estate in Nuneaton when the incident happened on 9 November 2010.

Warwick Crown Court was told that Mr Rogala and his colleagues were gathering up fallen pallets from a tall stack that had collapsed in the yard on that wet and windy morning.

As Mr Rogala and other workers removed the wooden pallets, another tall stack toppled over. Others jumped clear but Mr Rogala was struck by the pallets, which weighed 36kg each, and died after sustaining multiple injuries.

An investigation by the Health and Safety Executive (HSE) found that a lack of effective management control over operations in the pallet yard, combined with high stock levels, had led to an unsafe environment and stacks being made too tall.

Ralph Coleman International Ltd, of Gresham Road, Bermuda Industrial Estate, Nuneaton, pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc Act 1974. The company was fined £75,000 and ordered to pay costs of £25,316.

Speaking after the hearing, HSE inspector Roger Amery said:

"This death was a tragedy which could have been prevented if this company had given proper and thoughtful attention to its pallet yard operation. Its failure to do so put other workers at risk and led to the death of Mr Rogala.

"Lots of firms form unsupported or freestanding stacks in their yards. I hope this death and the penalty imposed prompts them to check the condition and height of their stacks so that this doesn’t happen again."

Unregistered gas fitter sentenced for false claims and endangering life

Luke Potts, who trades as Devon Plumber, installed a new gas boiler at a home in Chelmsford Road, Exeter, in May 2012 that was classed as "immediately dangerous" when checked by a Gas Safe registered engineer.

He claimed to be a registered engineer himself, an untruth that came to light after the householders complained about his dangerous work.

Exeter Magistrates’ were told  that an investigation by the Health and Safety Executive (HSE) and Gas Safe Register found the flue for the boiler had been incorrectly fitted, which could have led to lethal carbon monoxide leaking into the property.

In addition, the gas meter box had been altered by drilling a hole in it to feed in a new gas pipe, which could have allowed gas to leak into the building.

Although Mr Potts was unregistered, having failed to renew his registration in January 2012, he continued to display the Gas Safe Register logo on his website. The householders relied on this when they asked him to fit the boiler, assuming he was fully accredited and qualified.

Luke Potts, of Cornhill, Ottery St Mary, was given a 20 week custodial sentence, suspended for 18 months and ordered to carry out 60 hours of community service. He was also ordered to pay £1,000 in costs after pleading guilty to three separate breaches of the Gas Safety (Installation and Use) Regulations 1998.

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

"Mr Potts’ poor work could have had tragic consequences for the householders, who put their lives in his hands.

"They believed he was a registered engineer and asked him to do the work as a result. If an individual is working on gas appliances and installations is not on the Gas Safe Register they are working illegally."

Paul Johnston, chief executive for Gas Safe Register said:

"A quarter of a million illegal gas jobs are carried out every year by fitters who don’t have the skills or the qualifications to work safely on gas. It’s therefore vital the public always make sure the person working on their gas appliances is on the Gas Safe Register.

Thursday 11 April 2013

Norfolk heating engineer fined for illegal gas work

Norwich Magistrates' Court heard today (28 March 2013) that between August 2011 and May 2012, David Scent, from Hingham, installed a gas boiler at a property on Sheldrick Place.

The home owner contacted Gas Safe Register to raise his concerns about the gas installation.

A Gas Safe investigator visited the address on 28th May 2012 and found the boiler pipework and flue had a number of 'at risk' faults.

The Health and Safety Executive (HSE) was notified and established that Mr Scent had illegally installed the boiler without being registered with Gas Safe - a legal requirement for anyone undertaking work of this nature.

HSE also found that he had signed the commissioning certificate for the boiler using Gas Safe registration details of a previous employer who had no knowledge of the work.

Mr Scent, of Rectory Gardens, Hingham, Norfolk, was fined a total of £1,400 and ordered to pay £2,190 in costs after pleading guilty to two separate breaches of the Gas Safety (Installation and Use) Regulations 1998.
After the hearing, HSE inspector Steven Gill said:

"Mr Scent installed a gas boiler and gas pipework knowing he was not legally allowed to do so.

"People die from CO poisoning caused by gas appliances and flues that have not been properly installed, maintained or that are poorly ventilated. Badly fitted and poorly serviced gas appliances can cause fires, explosions, gas leaks and carbon monoxide poisoning.

"Homeowners, landlords and tenants should always request ID and check their engineer is properly accredited."

Russell Kramer chief executive of Gas Safe Register, added:

"Every Gas Safe registered engineer carries a Gas Safe ID card, which shows who they are and the type of gas appliances they are qualified to work on.

"We always encourage the public to ask for and check the card and if they have any concerns about the safety of work carried out in their home, to speak to us. Every year we investigate thousands of reports of illegal gas work. Call us on 0800 408 5500 or visit our website at www.gassaferegister.co.uk "

Boatyard firm fined for crane danger

No-one was injured in the incident at Harold Hayles Ltd on 1 November 2011, but a car was badly damaged by the jib of the 35-tonne machine.

Isle of Wight Magistrates' Court heard today (28 March) that the crane was being used to lift a yacht into a cradle for the winter months when the controls locked up during the de-rigging phase of the operation.

The driver retracted stabilising outriggers in order to physically move and free the controls. Although this worked, the crane overbalanced and toppled because the jib was still extended.

An investigation by the Health and Safety Executive (HSE) established that the controls were prone to locking up and the crane was overdue an annual examination and testing.

All lifting equipment is required by law to undergo a thorough yearly examination, but the crane had missed its latest annual test three weeks prior to the incident because of a mechanical failure when an engineer visited the boatyard.

HSE also found that Harold Hayles Limited failed to provide a suitable lifting plan for the yacht operation, another essential safety requirement.

Magistrates were told the company had failed to heed a previous warning from HSE in February 2009 after concerns were raised about the planning of lifting operations following a routine inspection.

Harold Hayles (Yarmouth I.W.) Limited, of The Quay, Yarmouth, Isle of Wight, was fined a total of £4,000 and ordered to pay £4,000 in costs after pleading guilty two breaches of the Lifting Operations and Lifting Equipment Regulations 1998 and single breaches of the Health and Safety at Work etc Act 1974 and the Provision and Use of Work Equipment Regulations 1998.

After the hearing HSE Inspector John Caboche said:

"This was a serious incident that could have ended in tragedy had the crane toppled onto a person and not an empty car.

"It was wholly preventable and could have been avoided had the crane been better maintained and had the lifting operation been better planned and managed.

"It is essential that all lifting equipment is in good working condition and that work is carefully assessed by competent personnel, with a lift plan in place and communicated to everyone involved in the work.

"Harold Hayles was fully aware of the dangers and HSE publishes extensive guidance that is readily-available of how to safely manage this type of work."

North East London firm in court for worker's injury

The 59-year-old from Essex, who does not wish to be named, was hit as he carried out maintenance on a drain cover at Nuplex Resins Ltd in North Woolwich Road, Newham, on 3 August 2011.

The long-serving employee, who had worked for the company more than 40 years, suffered major crush injuries to his right leg and had to undergo an above-the-knee amputation in hospital. He also sustained ligament damage to his left leg, a dislocated left elbow and was in hospital for some four weeks. He has been unable to return to work at Nuplex since.

The incident was investigated by the Health and Safety Executive (HSE), which yesterday (27 March) prosecuted his employer for serious safety failings.

Westminster Magistrates' Court heard that the forklift truck driver, who was carrying a one-tonne palletised load, was unable to see the injured worker, a laboratory technician, as he was sealing a drain cover on a roadway at the site. There were no barriers or tape indicating the area had to be avoided, although there were fixed signs in place banning pedestrians.

The truck hit him as it travelled on a main forklift route between the production and warehouse sites - a route that was used up to 100 times per day by each operative.

HSE found Nuplex Resins Ltd had failed to carry out a suitable and sufficient risk assessment for carrying out maintenance activity in the road. The company had further failed to put measures in place to adequately protect employees working in the road from the risk of being hit by forklift trucks.

Nuplex Resins Ltd was fined a total of £20,000 and ordered to pay £3,139 in costs after pleading guilty to single breaches of the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999.

After the hearing, HSE Inspector Stephen Farthing said:

"The serious injuries the worker sustained could have been avoided. It would have been relatively easy for Nuplex Resins to close the road down for the 15-minute period that was needed to seal the drain cover.

"The company needed only to follow readily available guidance and put adequate precautions in place to separate operational traffic from employees carrying out maintenance in the roadway.

"Every year there are more than 60 deaths from work-related transport accidents and over 2,000 major injuries. Employers must ensure that they assess the movement of vehicles and where possible segregate pedestrians to eliminate the risk."

Firm fined for putting workers’ lives at risk

The Health and Safety Executive (HSE) carried out an unannounced inspection at the Spennymoor premises of Foreman Recycling Limited, on the Merrington Lane Industrial Estate, on 29 March 2011.

Darlington Magistrates’ Court heard today (2 April) that inspectors found there had been deliberate bypassing and disrepair of several machine guards on two baling machines, which were used to compress material such as cardboard and cans for recycling.

Prohibition Notices were served stopping all work on the two machines. The company was also served with an Improvement Notice requiring implementation of a routine guard checking procedure to ensure interlocks and emergency stops were working correctly.

HSE found a total of eight serious faults on the two machines, including the deliberate bypassing of key control systems to allow access to the compaction chambers, and damage to one of the emergency stops on a feed conveyor.

The court was told that as a result of the failings employees had been put at risk of serious and potentially fatal injury over a number of months.

Foreman Recycling Limited, of Albert Works, Kenninghall Road, Edmonton, London, was fined a total of £27,200 (£13,600 for each offence) and ordered to pay £4,802 in costs after pleading guilty to two breaches of Section 2 of the Health and Safety at Work etc Act 1974.

After the hearing, HSE inspector Victoria Wise said:
  
“The dangers associated with operating baling machines are well-known in the waste and recycling industry, as is the history of serious and fatal injuries resulting from their use.

“These are tremendously powerful machines with a number of mechanical moving parts that have the potential to cause serious harm. Appropriate safeguarding of these machines is extremely important and should include all operations including blockage clearance.

“The two baling machines inspected at Foreman Recycling Limited were found to have a significant number of fundamental safety features disabled, a situation the company’s management was aware of.
       
“The standards found at the site were unacceptable. Fortunately no-one was injured by the machines, but this prosecution should act as a wake up call to companies who do not have a robust safety management system or who put profit before safety.”

The combined fatal and major injury rate in waste and recycling is more than four times the average across all industries

Repeals, revocations and amendments

The Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations 2013 were laid before Parliament on 4 March and came into force on 6 April (subject to Parliamentary approval). These Regulations repeal one Act and revoke twelve instruments (plus a related provision in the Factories Act 1961). These measures are being removed because they have either been overtaken by more up to date Regulations, are redundant or do not deliver the intended benefits.
These changes do not compromise essential health and safety protections. The aim is to make the legislative framework simpler and clearer.     This work is part of wider reforms to help employers understand quickly and easily what they need to do to manage workplace risks.

HSE is taking action to raise awareness of the changes. This includes working with the construction industry (particularly small contractors) to ensure that it understands the continuing need for employers to provide hard hats and ensure they are worn on construction sites. Hard hats remain vital in protecting construction workers from head injuries. Employers will need to comply with the requirements of the Personal Protective Equipment Regulations 1992 which have been amended so that they cover the provision and use of head protection on construction sites thus maintaining the level of legal protection when the Construction (Head Protection) Regulations are revoked.
The full list of measures being removed are: