Firms in court after worker fell from unguarded scaffolding

Two firms have been prosecuted after a labourer suffered multiple injuries in a fall from unguarded scaffolding.

Stephen Keegan, 56, of Frome, Somerset, was a temporary employee of Julian Chard Carpentry Ltd, which had been sub-contracted by C J Deighton & Co Ltd to construct timber frames for some properties in Studley Green, Trowbridge, Wiltshire, in March 2012.

Chippenham Magistrates' Court heard today (14 May) that Mr Keegan was helping to build the frames when he fell some two metres from an unguarded section of scaffolding. He suffered a fractured knee, broken collarbone, fractured wrist and perforated ear drum.

A Health and Safety Executive (HSE) investigation found that Swindon-based C J Deighton & Co Ltd failed to properly plan and manage construction activities on site to ensure that work, including work at height, was carried out safely.
The company also failed to provide adequate, up-to-date information to site management, scaffolders and contractors. This led to a fixed scaffold being provided for workers that failed to take account of changes to plans for the building, resulting in a lack of internal edge protection around the porch area where Mr Keegan fell.

The court heard that although site management identified the problem with the scaffold, their only response was to fit a temporary and inadequate guard rail. They also allowed work to be carried out for a number of days despite knowing it was unsafe to do so.

HSE inspectors also found sub-contractor Julian Chard Carpentry Ltd failed to supervise the work or put adequate safety measures in place to protect anyone working at height on the timber frame construction.

C J Deighton & Co Ltd, of Old Station House, Station Approach, Newport Street, Swindon, Wiltshire, was fined a total of £15,000 and ordered to pay £3,122 in costs after being found guilty in their absence of breaching Regulation 22(1) of the Construction (Design and Management) Regulations 2007.

Julian Chard Carpentry Ltd, of Vallis House, Vallis Road, Frome, Somerset, was fined a total of £10,000 and ordered to pay £3,121 in costs after also being found guilty in their absence of breaching Regulation 6(3) of the Work at Height Regulations 2005.

CJ Deighton has gone in liquidation and Julian Chard Carpentry has now ceased trading.

After the hearing, HSE inspector Helena Tinton said:

"This was a serious incident which could easily have been prevented. There were significant failures by both C J Deighton and Julian Chard Carpentry. With proper planning and communication a suitable scaffold could have been provided. Monitoring and supervision on-site should have identified the unsafe work at height and work halted until the scaffold was corrected or measures put in place to mitigate a fall.

"Mr Keegan has undergone several operations since his fall and is unlikely to get full mobility in his shoulder, knee or wrist. This was only a temporary job for Mr Keegan and, as a self-employed painter and decorator, his injuries meant that he could not work at all for six months and they will severely hamper his future ability to work."

Companies prosecuted after roof collapsed on worker

Two West Midlands companies have been fined for safety failings after the six-tonne roof of a timber-framed classroom collapsed on a worker, leaving him seriously injured.

Stafford Magistrates’ Court heard yesterday that CMR Demolitions Ltd of Burslem, Stoke-on-Trent, and Thomas Vale Construction PLC of Stourport-on-Severn, Worcester, failed to put in place temporary support arrangements during the demolition of the timber-framed classrooms at the former Stoke-on-Trent Sixth Form College site at Fenton.

The injured man, who does not wish to be named, was knocked unconscious when he was struck by part of the roof when the building collapsed without warning. He suffered fractured ribs, a broken shoulder bone, a broken nose, several shattered teeth and swelling to his head.

Two other workers were caught under the collapsed building but managed to free themselves and were uninjured.

A Health and Safety Executive (HSE) investigation into the incident on 11 November 2011 found the extensive soft-stripping of the walls by sub-contractor CMR Demolitions Ltd had significantly reduced their load-bearing capacity. A combination of having no support in place to hold up the roof, and strong winds, resulted in the collapse.

CMR Demolitions Ltd did not obtain information on how the timber-framed classrooms had been originally constructed and did not seek the opinion of a structural engineer during the work.

The building had been left in a stripped state overnight but no check was made on the structure before workers entered it the next day. Rotting timbers within the base of the timber frame were not spotted and addressed. The classroom could have been mechanically pushed over without putting any staff at risk.
Principal contractor Thomas Vale Construction PLC failed to ensure that CMR Demolitions Ltd had provided a suitable and sufficient risk assessment for the soft strip and demolition work of the classroom. It also failed to manage and monitor this demolition activity of CMR Demolitions Ltd or ensure they had consulted a structural expert.

Thomas Vale Construction PLC failed to require a less dangerous approach to the demolition work.

CMR Demolitions Ltd was fined a total of £9,900 and ordered to pay £6,117 in costs after pleading guilty to breaching both the Construction (Design and Management) Regulations 2007 and the Management of Health and Safety at Work Regulations 1999.

Thomas Vale Construction PLC pleaded guilty to a single breach of the Construction (Design and Management) Regulations 2007 and was fined £6,600 with £6,117 in costs.

Speaking after the hearing, HSE inspector Andrew Bowker said:

"CMR Demolitions Ltd made serious errors and the collapse occurred through a lack of planning and understanding of the structural stability of the classrooms.
"The company allowed their staff to work in extremely dangerous conditions. Had they employed a structural engineer this incident could have been avoided.
"As a result of these failures, a worker was seriously injured. The implications of a six-tonne, timber-framed roof collapsing onto people are obvious to all and this incident could easily have resulted in multiple fatalities.

"Thomas Vale Construction PLC failed to plan, manage and monitor the demolition work on the classrooms so it was carried out without risks to health or safety.

"The firm did not sufficiently challenge CMR Demolitions Ltd on their classroom work methods and were complicit in the method of work that took place."

Bedford company in court over worker's broken leg

A nationwide removals firm has been fined for safety failings after a worker broke his leg whilst moving machinery at a site in Bedford.

Ian Barnard , 28, was part of a three-man team working for White & Co plc removing equipment from Bedford to Wellingborough in Northampton on behalf of a local motor spares company when a steel fly press weighing 75kg fell on him.

Health and Safety Executive (HSE) inspectors, who investigated the incident in Murdock Road, Bedford, found that White & Co plc had failed to assess the risks to its employees whilst carrying out the work. Nor had the company provided Mr Barnard with adequate training in manual handling.

As a result of the HSE investigation, two Improvement Notices were served on the company.

Bedford Magistrates heard that on 3 October 2011 Mr Barnard was helping to carry the steel fly press out of the building when it fell on him, breaking his left leg and causing lacerations to his right leg. He was in plaster for three months after being treated in hospital. Mr Barnard was made redundant by the company shortly after the incident.

White & Co plc of Ashton House, The Precinct, Winchester Road, Chandlers Ford, Hampshire, was fined £10,000 and ordered to pay £3,524 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999.

After sentencing, HSE Inspector Karl Howes said:

"Manual handling is everyday practice in the removals industry. Each job should be adequately assessed, employees should have sufficient manual handling training and there should be appropriate health and safety management arrangements in place."

Durham firm sentenced after worker's arm amputated

A Durham firm has been fined after a worker suffered horrific injuries and had to have his arm amputated when he fell into dangerous machinery in an asphalt production plant.

John Wyatt, 61, from Northumberland, was employed by Tynedale Roadstone Limited and had been carrying out an inspection of the conveyor area at its premises in Newburn Haugh Industrial Estate, Newcastle, when the incident happened on 18 June 2009.

Newcastle Magistrates’ Court heard that Mr Wyatt had gained access to the conveyor area to carry out an inspection, but slipped and fell forward and was caught up in the snub pulley roller and the conveyor belt.

His right arm was so badly injured that it had to be amputated at the shoulder. He suffered spinal injuries for which he had to undergo surgery to fuse his spine back together. He also fractured all his ribs on the right side, broke his left wrist and suffered friction burns to his stomach and severe cuts to his face.

Mr Wyatt was in intensive care for more than three weeks and was in hospital for more than three months. He can no longer work and still has mobility issues.
An investigation by the Health and Safety Executive (HSE) found that although safety gates to the plant had been fitted with locks to restrict access these had been disabled.

The investigation also concluded there were no suitable risk assessments, inadequate safe systems of work and a lack of information and instruction for employees.

Tynedale Roadstone Limited, of Davison House, Rennys Lane, Dragonville Industrial Estate, Durham, was fined £8,000 and ordered to pay £18,994.17 costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

After the hearing HSE inspector Sal Brecken, said:

"Mr Wyatt’s horrific injuries should not and need not have happened. This incident was easily preventable had Tynedale Roadstone carried out an adequate risk assessment of their equipment and properly supervised their employees.

"Plant of this type is recognised in the industry as being high risk, which is why they are so heavily guarded with trapped key systems. Safety devices are installed on machinery with dangerous moving parts to protect those who work with them. Companies have a legal duty of care to ensure they are properly fitted and working effectively at all times.

"Disabling or switching off safety devices puts workers at unnecessary risk and is simply not acceptable. HSE will not hesitate to take enforcement action in cases such as this."

Unguarded or poorly guarded machinery is the cause of many injuries in workplaces across the country. Latest figures revealed eight workers were killed and more than 1,000 were seriously injured as a result of contact with the dangerous moving parts of machines.

Company sentenced for exposing worker to deadly fumes

A bath restoration company has been fined for safety failings after a worker died from inhaling toxic fumes in the bathroom of a South West London flat.

Colin Pocock, 55, was using an industrial paint and varnish remover to strip a resin coating from a bath at a housing association property in Eton Close, Wandsworth, when he was overcome by fumes on 16 June 2009.

The stripping agent contained dichloromethane, also known as methylene chloride, a carcinogenic toxic chemical. Fumes rapidly built up in the confined space and he died at the scene as a result of over exposure.

His body was discovered by the occupant of the flat, who does not wish to be identified.

Southwark Crown Court heard that the Health and Safety Executive (HSE) investigated the death and found there was insufficient natural ventilation in the bathroom. Mr Pocock's employer, Multicrest Ltd, a franchisee of Renubath Services Ltd, should have provided mechanical ventilation equipment to compensate.

HSE found written documentation from Multicrest stating that work of this nature should only be done in well ventilated areas, but no equipment was provided to employees. Managers were unaware of how work needed to be done in bathrooms and failed to provide adequate safe working arrangements.
Multicrest Ltd, of Castle Business Village, Station Road, Hampton, Middlesex, was fined £25,000 and ordered to pay £56,286 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 Steve Kirton said:

"This is a shocking death resulting from totally inadequate ventilation in the enclosed bathroom space in which Colin Pocock had to operate.

"The risks associated with stripping agents containing dichloromethane are well known, yet he was exposed to lethal fumes with virtually no protection. Mechanical ventilation equipment is often a necessity, but all he had to rely on was a small open window, a basic mask and pot luck.

"The use of substances that create toxic fumes must only be used where the fumes cannot build up and affect people, and the work must be properly planned and supervised - none of which happened on this occasion."

Today's sentencing at Southwark Crown Court follows an earlier prosecution of Renubath Services Ltd, Multicrest's franchising company, for identical failings linked to inadequate ventilation arrangements.

The company, now in liquidation, was fined £20,000 and ordered to pay £21,202 in costs at Westminster Magistrates Court on 30 May 2012 after also pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 in proceedings brought by HSE.

It follows an investigation into work on properties across South West England between February 2006 and July 2009.

Four metre fall lands company in court

A construction company based in South East London has been prosecuted for a serious safety breach after a roofing worker plunged four metres through a badly-protected skylight.

Badly-protected skylight where a roofing worker plunged four metres through a roof opening

 

The 45 year-old worker, Paul Shaw, of Maidstone, suffered multiple fracture injuries, including a broken right arm, when he fell through the roof opening which had been covered only with a thick plastic.

The incident, on 29 February 2012, took place at a property in Tonbridge, Kent, where building firm Bryen & Langley Ltd were the lead contractor overseeing the construction of an extension and swimming pool.

Maidstone Magistrates heard (23 May) that an investigation by the Health and Safety Executive (HSE) found that Bryen & Langley Ltd had failed to ensure that proper safeguards were in place to prevent anyone falling when work was underway at height.

The court was told that skylight openings above the swimming pool had been covered with plywood sheeting. This was changed to thick plastic to allow some natural light through and to enable workers to lower materials into the pool area if needed. The plastic was then covered with pallets and held down by timbers.
Mr Shaw, who was employed by a roofing sub-contractor on site, went up to the swimming pool roof and stepped on to a skylight opening believing it was safe to do so. It was not. The hole was simply covered by the plastic and he fell straight through landing on the pool’s concrete walkway.

Mr Shaw now has restricted movement in his wrist but was able to return to work after some five months.

Bryen & Langley, of Footscray Road, Eltham, London, was fined £12,000 and ordered to pay £9,209 in costs by Magistrates after admitting breaching the Work at Height Regulations 2005.

After the hearing, Inspector Melvyn Stancliffe said:

"The distance that Mr Shaw fell could easily have resulted in his death. He is a lucky man – though I am sure he did not feel so at the time.

“This incident was avoidable and Bryen & Langley, as lead contractor, had a responsibility for safety on the site. It would have been a simple matter to have fixed the skylight covers in place. If they then needed to be moved for any reason, then temporary protection should have been placed around the openings and a system employed to ensure coverings were replaced promptly and correctly.

"Work at height needs to be properly planned and there need to be sufficient measures taken to guard against people falling."

Unregistered gas fitter prosecuted for dangerous boiler installation

A Bridgwater man has been prosecuted for illegal and unsafe gas work while falsely claiming to be on the Gas Safe Register.

Robert Squire, from Puriton, appeared before Taunton Magistrates’ Court on 1 May and pleaded guilty to three offences in relation to the installation of a gas boiler at an address on St Michael’s Road, Burnham in October 2010. He appeared in court again today (24 May) for sentencing. On completion of the work, Squire provided the householder with an invoice and a boiler commissioning certificate which included a Gas Safe registration number.

An investigation by the Health and Safety Executive (HSE), which brought the prosecution, established that Squire claimed to be qualified to carry out work on gas appliances, but wasn’t registered with Gas Safe – a legal requirement for anyone undertaking such work.

In February 2012, plumbers working at the property reported that the boiler appeared to be unsafe. The householder then contacted Gas Safe Register to see if the installer of the boiler was registered with them.  He discovered the Gas Safe registration number Squire had given him belonged to a different registered gas engineer. 
 
Magistrates heard that when an investigator from Gas Safe Register went to the address in March 2012 he discovered 14 defects to the way in which the gas boiler had been installed. He found one defect which constituted a danger to life or property and had to be rectified immediately.  He also found a further three defects which related to non-compliance with building regulations.

Robert Squire of Hillside Crescent, Puriton near Bridgwater, pleaded guilty to breaching sections 3(1), 3(3) and 3(7) of the Gas Safety (Installation and Use) Regulations 1998. He was given a 12 month community order which includes supervision for six months, specified activity for 10 days and unpaid work for 150 hours. Mr Squire was also ordered to contribute towards costs of up to £2,000, in monthly installments of £100. 

After the hearing, HSE Inspector Leo Diez said:
 "Squire fraudulently presented himself as a registered and competent gas engineer, leaving a boiler in a dangerous condition. Gas Safe Register exists to protect the public from people like Robert Squire who are prepared to work illegally, carrying out potentially dangerous gas work which they are not competent to do. Incorrectly fitted gas appliances, like this one, can be highly dangerous and can lead to loss of life.

"Those who undertake gas work must be on the Gas Safe Register.  Anyone who works on gas appliances without being registered is breaking the law. Robert Squire knew this and falsely claimed to be Gas Safe registered, yet he clearly wasn’t competent, as his unsafe handiwork testified.
 
"This case highlights the need for householders to check the credentials of anyone working at their property, especially where gas is involved."

Russell Kramer, Chief Executive of Gas Safe Register, said:
 
"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. One in five of the illegal gas jobs we investigate are found to be immediately dangerous, as was the case in this instance. It is therefore vital that people always make sure they only use a registered gas engineer.

Unsafe gas work leads to fine for kitchen installer

A Staffordshire kitchen fitter has been has been fined after he carried out illegal gas work and put families’ lives at risk.

Stewart Pitt, 41, of Wombourne, Wolverhampton, was fitting kitchens for a local firm as a self-employed trader. Between August 2011 and the end of September 2011 he put three households at risk by undertaking defective gas work.

The incidents were investigated by the Health and Safety Executive (HSE), which prosecuted Mr Pitt at Stafford Magistrates’ Court on 22 May 2013.

The court was told that between 22 and 25 August 2011, Mr Pitt fitted a kitchen in a home in Wombourne. In doing so, he fitted wooden kitchen units around a boiler which created a risk when the boiler caused the units to heat up to dangerous levels. At the same property, he also cut gas pipes when he wasn’t registered to do so. The installation was classified as ‘at risk’ when later examined by Gas Safe Register.

There is evidence that Mr Pitt was aware that the kitchen affected the safety of the boiler, yet did not take measures to remedy the situation.

At a second property, he disconnected then reconnected a gas hob, when he wasn’t registered to carry out such work. At a third house, he also disconnected then reconnected a gas hob, and left a gas pipe open and uncapped, which could potentially have caused a gas leak.

HSE served a Prohibition Notice on Mr Pitt on 10 October 2012 ordering him to cease carrying out gas work until he was registered with Gas Safe Register.
Stewart Colin Pitt of Sytch Lane, Wombourne, Wolverhampton, pleaded guilty to four counts of breaching the Gas Safety (Installation and Use) Regulations 1998, and was fined £4,000 and ordered to pay costs of £2,463.

Speaking after the hearing, HSE inspector Wayne Owen said:

"Mr Pitt showed a reckless disregard for the welfare and safety of the householders he put at risk by his illegal gas work over a period of two months in 2011.

"Around 10 people die each year from carbon monoxide poisoning caused by gas appliances and flues that have not been properly installed, maintained or that are poorly ventilated. In addition, illegal and sub-standard gas work can lead to fires or explosions.

"There are legal rules and obligations governing gas work for the very simple reason that defective work can be lethal.

"Gas work should only be carried out by someone qualified and competent to do so. They need to be current Gas Safe registered members, which demonstrates they have up-to-date qualifications and competencies."

Lewisham Homes in court after woman breaks jaw

Lewisham Council’s homes provider has been fined after a meter reader broke her jaw and smashed most of her teeth in a fall into an unprotected flood pit cellar beneath a block of flats.

Angela Watson, 38, fell 2.5 metres through an open inner door as she felt for a light switch in a caretaker’s cupboard in the lobby of a block of flats on Elliot Bank in Forest Hill. As well as extensive jaw damage, she also fractured her wrist.

The incident, on 28 October 2011, was investigated by the Health and Safety Executive (HSE), which prosecuted Lewisham Homes at Westminster Magistrates’ Court for a breach of safety legislation.

The court was told that Ms Watson, of Gypsy Hill, an employee of a national meter reading service, had been sent to read several utility meters that day, including a communal electricity one at Elliot Bank.

Two of the four blocks at Elliot Bank have flood pit rooms going down 2.5 metres below ground to allow excess water to collect in heavy rain.

Ms Watson used a fire brigade key to open the caretaker’s cupboard in the lobby, leaned inside to find a light switch but fell through an open inner doorway into the flood pit beyond. Her jaw later needed to be screwed together and she has needed extensive reconstructive dental surgery.

HSE found that the outer door to the caretaker’s cupboard had an insufficient lock, no warning signs, no light and the flood pit room was also unlit. The inner door had no locking mechanism and no signs warning of the dangers behind.
Lewisham Homes Ltd., the council’s arms-length organisation responsible for managing more than 14,000 properties, was fined £20,000 and ordered to pay £5,804 in costs after pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.

After the hearing, HSE Inspector Matt Raine said:

"Angela Watson took the full force of this fall on her face and wrist, causing extremely painful and long-lasting injuries. I am pleased she has managed to return to work but she has been badly affected by the incident.

"Lewisham Homes Ltd had taken control of a significant quantity of housing stock from the council. It was a large responsibility and yet they were completely unaware of the existence of the flood pit rooms at these flats.

"They should have made a full assessment of the housing stock to ensure they identified any risks associated with it and put suitable measures and controls in place.

"A combination of having locks on both outer and inner doors, warning signs, lighting and access equipment to the pit would have prevented people being exposed to the significant risk of falling in."

Joinery firm in court over worker's severed finger

A Dagenham-based firm has been sentenced after a worker severed a finger and seriously injured two others on a badly-guarded cutting block capable of 10,000 cuts per minute.

The 39-year-old man from Greenwich, south-east London, was employed as a wood machinist by K & D Joinery Ltd when the incident happened on 19 November 2010 at their factory in Chequers Lane, Dagenham.

He was edging a rectangular piece of timber using a hand-fed planing machine and was pushing the timber toward the cylindrical cutting block when his middle, ring and index fingers contacted the blades of the machine. He suffered severe lacerations to the ends of his fingers and had to have the middle finger amputated.

The incident was investigated by the Health and Safety Executive (HSE), which prosecuted K & D Joinery for safety breaches at Westminster Magistrates' Court.

The court heard the worker, who does not wish to be named, had been unable to move an adjustable guard to cover the cutter block as it was defective, and had not been functioning for several months.

K & D Joinery, registered at Limes Road, Beckenham, Kent, was fined a total of £6,000 and ordered to pay £4,500 in costs after admitting a breach of the Provision and Use of Work Equipment Regulations 1998. The firm was also told to pay £3,000 compensation to the injured man.

After the hearing, HSE Inspector Tajir Mortuza said:

"The failure by K & D Joinery to ensure the cutting block was properly guarded put any worker using it at significant risk of serious injury. A two-knife cutter block makes about 10,000 cuts per minute and if a machinist's fingers are in contact for only a fraction of a second, there can be serious injury.

"Having a fully-working bridge guard is the expected norm in the industry. It is not expensive and nor does it need expertise to implement. The fact that the company was aware of the safety issues of the machine for many months before the incident, but continued to expose its employees to the risks involved in using the machine only adds gravity to the offence.

"The woodworking industry has one of the highest incident rates in manufacturing, most of which are caused by contact with moving machinery. Had the firm fulfilled its duty of care, this worker's painful injury could have been avoided."

Lancaster tissue manufacturer in court over worker's fall

A worker could have been killed when metal grating gave way under his feet at a tissue factory in Lancaster, a court has heard.

NTG (Papermill) Ltd was prosecuted by the Health and Safety Executive (HSE) following the incident at its factory on the Lansil Industrial Estate on 24 August 2009.

Lancaster Magistrates’ Court heard the 39-year-old from Lancaster had been helping to hose down machinery during a two-week shutdown at the factory when he tried to cross the mezzanine floor, six metres above the ground.

As he stepped onto it, the metal grating gave way. His arms and jaw hit the floor as he fell and he managed to pull himself up. The worker, who has asked not to be named, suffered bruising and friction burns to his chest and along his arms. He also bruised his jaw.

A HSE investigation found the company did not have a suitable inspection and maintenance regime for checking the floor at the factory, despite it being in a humid area and at risk of becoming unstable due to rust.

NTG (Papermill) Ltd, of Lansil Way in Lancaster, was fined £10,000 after pleading guilty to a breach of the Workplace (Health, Safety and Welfare) Regulations 1992 by failing to properly maintain the mezzanine floor. The company was also ordered to pay £5,866 in prosecution costs.

Speaking after the hearing, HSE Inspector Anthony Banks said:

"The employee at NTG was lucky he was able to grab onto the mezzanine floor as he fell. If he had fallen all the way to the concrete below then he could have been killed.

"The incident happened in a very humid area of the factory and the company should have done more to make sure metal grates which make up the walkway didn’t become unsafe.

"Companies shouldn’t just wait for employees to be injured before taking any action to improve safety. It’s vital that proper maintenance systems are in place to protect workers."

Recycling giant fined for worker death failings

A worker at one of the world’s largest metal recycling firms was killed because of a failing to properly segregate people and moving vehicles, a court has heard.

Conveyor support beam Linas was crushed against

    

European Metal Recycling Limited, which operates across Europe, Asia and the Americas, was ordered to pay more than £370,000 in fines and costs for its safety failures after also accepting shortcomings linked to training, instruction and supervision.

The company was prosecuted by the Health and Safety Executive (HSE) after Linas Mataitis, 25, from Mitcham, was struck by the bucket of a wheeled loading shovel at EMR’s site on Scrubs Lane, Willesden, during a shutdown clean-up on 18 July 2010.

He sustained fatal injuries after being pushed and pinned against a steel column by the large, heavy vehicle.

Southwark Crown Court was told Linas had joined the company two months earlier as a temporary worker.

He was working near a large shredding machine that had been powered down for essential annual maintenance, with surrounding safety zones and interlocking gates opened up to allow worker and vehicle access.

Linas was one of a team of workers using hand shovels to scrape and clear dirt near conveyors feeding the shredder, which they placed into piles for colleagues using machines to clear.

On the morning of 18 July there were three vehicles operating alongside the team on foot; a bobcat, a mini excavator and a wheeled loading shovel. The smaller machines were being used to fill the bucket of the loading shovel, which then drove away to be emptied.

Linas Mataitis   

 

The court heard the loading shovel was returning to be refilled for a fourth time when it struck Linas and crushed him against a conveyor support.

A subsequent HSE investigation found that although EMR had a documented procedure for clearing dirt from around the conveyors, which mentioned the use of a bobcat, it did not cover the shutdown operation when the safety gates were open, when more vehicles were operating nearby and when there was increased pedestrian movement.

As such, there were inadequate arrangements for safely managing the movement of people and machinery.

HSE also established that the loading shovel was being driven by a partly trained operator who may have been unauthorised to use it. The company had confusing and conflicting records in this regard, highlighting failings to properly manage and audit training and supervision.

European Metal Recycling Limited, of Delta Crescent, Westbrook, Warrington, Cheshire, was fined a total of £300,000 and told to pay a further £72,901 in costs after pleading guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974.

After the hearing, HSE Inspector Jane Wolfenden said:

"Linas’ tragic death was entirely preventable. European Metal Recycling, as one of the world’s largest recycling companies, should have been fully aware of its health and safety duties, and of the clear risks presented by vehicle and pedestrian movements.

"A risk assessment isn’t a paper exercise where a ‘one size fits all’ approach is acceptable, and the company should have properly planned for the shutdown operation where the level of risk was significantly increased –implementing safe systems of work to suit.

"The same can be said for training, instruction and supervision, where there was no clear direction or protocol for monitoring new or inexperienced workers.
"As a consequence of the company’s failings Linas’ family continue to grieve the loss of a son, brother and partner.”"

Speaking on behalf of Linas’ family, his girlfriend Donata Gerulyte, added:
"It’s almost three years since Linas was killed at work, but it still feels like it happened yesterday such is the hole it has left in our lives.

"His parents have lost their only son, who they hoped would support them as they grew old and who would one day take over the small family business in the Lithuanian village where we grew up. I know that was his dream also once we started our own family together.

"Life is slightly easier for me because I have my own work to keep me busy and family and friends to comfort me. Things are slowly returning to normal, but I will never, ever forget him, or what happened."

Companies prosecuted after roof collapsed on worker

Two West Midlands companies have been fined for safety failings after the six-tonne roof of a timber-framed classroom collapsed on a worker, leaving him seriously injured.

Stafford Magistrates’ Court heard yesterday that CMR Demolitions Ltd of Burslem, Stoke-on-Trent, and Thomas Vale Construction PLC of Stourport-on-Severn, Worcester, failed to put in place temporary support arrangements during the demolition of the timber-framed classrooms at the former Stoke-on-Trent Sixth Form College site at Fenton.

The injured man, who does not wish to be named, was knocked unconscious when he was struck by part of the roof when the building collapsed without warning. He suffered fractured ribs, a broken shoulder bone, a broken nose, several shattered teeth and swelling to his head.

Two other workers were caught under the collapsed building but managed to free themselves and were uninjured.

A Health and Safety Executive (HSE) investigation into the incident on 11 November 2011 found the extensive soft-stripping of the walls by sub-contractor CMR Demolitions Ltd had significantly reduced their load-bearing capacity. A combination of having no support in place to hold up the roof, and strong winds, resulted in the collapse.

CMR Demolitions Ltd did not obtain information on how the timber-framed classrooms had been originally constructed and did not seek the opinion of a structural engineer during the work.

The building had been left in a stripped state overnight but no check was made on the structure before workers entered it the next day. Rotting timbers within the base of the timber frame were not spotted and addressed. The classroom could have been mechanically pushed over without putting any staff at risk.
Principal contractor Thomas Vale Construction PLC failed to ensure that CMR Demolitions Ltd had provided a suitable and sufficient risk assessment for the soft strip and demolition work of the classroom. It also failed to manage and monitor this demolition activity of CMR Demolitions Ltd or ensure they had consulted a structural expert.

Thomas Vale Construction PLC failed to require a less dangerous approach to the demolition work.

CMR Demolitions Ltd was fined a total of £9,900 and ordered to pay £6,117 in costs after pleading guilty to breaching both the Construction (Design and Management) Regulations 2007 and the Management of Health and Safety at Work Regulations 1999.

Thomas Vale Construction PLC pleaded guilty to a single breach of the Construction (Design and Management) Regulations 2007 and was fined £6,600 with £6,117 in costs.

Speaking after the hearing, HSE inspector Andrew Bowker said:

"CMR Demolitions Ltd made serious errors and the collapse occurred through a lack of planning and understanding of the structural stability of the classrooms.
"The company allowed their staff to work in extremely dangerous conditions. Had they employed a structural engineer this incident could have been avoided.
"As a result of these failures, a worker was seriously injured. The implications of a six-tonne, timber-framed roof collapsing onto people are obvious to all and this incident could easily have resulted in multiple fatalities.

"Thomas Vale Construction PLC failed to plan, manage and monitor the demolition work on the classrooms so it was carried out without risks to health or safety.

"The firm did not sufficiently challenge CMR Demolitions Ltd on their classroom work methods and were complicit in the method of work that took place."

Collective failures led to death of worker

A County Durham man has been jailed and a Tyneside firm and one of its directors fined after a demolition worker fell to his death from a cherry picker that was knocked over by a falling roof beam.

Ken Joyce, 53, of Lanchester, County Durham, was working for Allan Turnbull, trading as A&H Site Line Boring and Machining, when the incident happened on 2 December 2008. He was dismantling the structural steelwork of the roof of the Burning Hall at the Swan Hunter Shipyard in Wallsend, Newcastle.

During a four-week trial at Newcastle Crown Court, a jury heard how Mr Joyce was working from one cherry picker while two colleagues were working from another cherry picker and a crane. They were dismantling the structure and were using a crane to lower the steel beams to the ground.

While removing a beam brace connecting two plate girders, one of the plate girders struck the basket of the cherry picker in which Mr Joyce was standing, knocking the equipment over.

Mr Joyce fell to the ground below and suffered serious head injuries. He was pronounced dead soon after.

A joint investigation carried out by Northumbria Police and the Health and Safety Executive (HSE) established that North Eastern Maritime Offshore Cluster Ltd (NEMOC) had sub-contracted the dismantling work to Allan Turnbull.

The jury was told that NEMOC and its director Christopher William Taylor failed to ensure the safety of its employees and sub-contracted workers by neglecting to check that Mr Turnbull had the necessary competence to carry out the work.
The police and HSE investigation also found that Allan Turnbull had failed to adequately plan the work after identifying a lack of suitable and sufficient lifting plans to ensure a safe system of work was in place for the dismantling of the structural steelwork.

Allan Turnbull, 61, of Boundary Cottages Farm, Inkerman, Tow Law, County Durham, was found guilty of gross negligence manslaughter following the trial. He had earlier pleaded guilty to breaching Sections 2(1) and 3(1) by virtue of Section 37 of the Health and Safety at Work etc Act 1974. He was sentenced to three years in prison.

North Eastern Maritime Offshore Cluster Ltd (NEMOC), which had been operating from the Swan Hunter Yard, was fined £1 for each offence after it was found guilty in absence of breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974. The company is now in liquidation.

Christopher William Taylor, 51, of North Cottage, Adderstone Crescent, Newcastle, was found guilty of breaching Sections 2(1) and 3(1) by virtue of Section 37 of the Health and Safety at Work etc Act 1974. He was fined a total of £30,000 (£15,000 for each offence) and ordered to pay £50,000 costs.
After the case, which was brought by the Crown Prosecution Service, HSE Inspector Emma Scott, said:

"This was a tragedy that could easily have been prevented had a safe system of work been in place.

"Instead Ken Joyce lost his life as a result of collective failures which included not preparing in advance a detailed plan of how the work should be carried out and no lifting plans to ensure the safe removal of the beams.

"Allan Turnbull was also prosecuted in November 2005 after an employee sustained serious leg injuries while dismantling a redundant brick manufacturing plant.

"I hope other companies can learn from this and ensure they take the necessary action to deal with the high risk involved with work of this nature."

Chief Inspector Mark Anastasi, of Northumbria Police, said:

"This is a tragic case. Ken left home to go to work and never returned. He left behind his partner Eva and his family who never saw him again. They have been very supportive of the investigation and have shown their love for Ken throughout.

"Swan Hunter shipyard formed a major part of the local community and sadly, at the end of an era, during the dismantling process Ken lost his life as a result of the mismanagement of the work. The failures from both the individuals and the company showed a total disregard for safe working practices.

"Ken’s employer failed to improve his work following a similar incident in 2005, yet he continued to perform dismantling work.

"This complex and lengthy enquiry has shown that Northumbria Police and the HSE, with the support of the Crown Prosecution Service, will work in partnership to ensure offenders are brought to justice."

In a statement, Mr Joyce’s family said:

"As his family, we are striving to honour Kenneth’s memory and are still coming to terms with the void his absence has left in our lives over the past four years.

"Above all else we have hoped for justice for him and for the intensity of the sadness and grief created by his untimely passing, to ease and lessen with the aid of this justice, along with the healing passage of time."

Tyre firm fined after worker injured

A tyre collection and recycling company has been fined after a teenage worker was seriously injured when he was hit by a falling stack of tyres.

Lewis Peach, 19, had to be airlifted to hospital when several bales of compressed tyres collapsed. The bales, each weighing nearly a tonne, bounced on to him and one trapped him by the leg.

The Health and Safety Executive prosecuted Saltire Recovery Ltd after an investigation into the incident at the firm’s site at Cascade Works in Wellington Road on 4 July 2012.

Stafford Magistrates’ Court was told that Saltire Recovery Ltd, which grades and sorts tyres for resale, failed to ensure a safe system of work was in place for stacking the bales of shredded and compressed tyres.

Mr Peach, of Burton-on-Trent, broke his pelvis, his left foot, ankle and leg, right arm, hand and wrist and fractured two bones in his neck. He also suffered deep cuts to his left leg. He was in hospital for 11 days and is still off work.

HSE found the bales had not been stacked safely and were unstable. There was no safe system of work for stacking them, which needed particular skill due to their irregular size and shape.

Magistrates heard that there was no inspection regime to identify an unstable stack and the company had failed to prevent pedestrian access to the area.
Saltire Recovery Ltd, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 by failing to protect its employees. The company was fined £8,000 and ordered to pay costs of £4,722.

Speaking after the hearing, HSE inspector Dr Marie-Louise Riley-Roberts said:
"Mr Peach’s injuries were extensive and he was fortunate he was not killed in this incident.

"Saltire Recovery Limited failed to take the simple and effective measures that could have prevented this happening. Their failings had existed for a considerable time and it is a matter of luck that an incident such as this had not happened before.

"In addition to having no safe system for stacking these very heavy bales, there was no inspection procedure to identify any instability and close access to the stacks was not prohibited.

"Employers who neglect their duty to protect workers will continue to be held to account where they fail to do so."

Plumber fined after putting family at risk

A Nottinghamshire plumber has been fined after putting, his son and a young family at risk of exposure to asbestos.

Dean Fisk had been employed to replace a galvanized water tank in the loft of a house in Gardendale Avenue, Clifton.

The Health and Safety Executive (HSE) told Nottingham magistrates that Mr Fisk had failed to carry out an assessment to see if asbestos was present and in what form and condition.

As a result, while replacing the tank on 18 January 2012, Mr Fisk’s son, Jack, also a plumber, removed an asbestos box from around it, breaking some of the panels. HSE found he had not had any asbestos awareness training.

The loft became contaminated with potentially deadly fibres and licensed contractors had to be brought in to remove all traces of the asbestos at a cost to the home owner of £2,870. The home owner – a mother with a young son – lost a number of personal belongings including family photographs and items that had belonged to her late grandmother.

Dean Fisk, 53, of Flawforth Avenue, Ruddington, pleaded guilty to breaching Regulations 10(1)(a) and 16 of the Control of Asbestos Regulations 2006 and was fined a total of £5,000 and ordered to pay costs of £4,000. He was also ordered to pay compensation of £2,870 to the home owner.

Speaking after the hearing HSE inspector Kevin Wilson said:

"Asbestos is the single greatest cause of work-related deaths in the UK, accounting for around 4500 fatalities a year. Tradespeople working in premises likely to contain asbestos have a duty to ensure they protect themselves and members of the public from risk of exposure to this hidden killer.

"This family home would not have been contaminated if the asbestos had been identified by Dean Fisk before the work was started. Work could then have been undertaken without disturbing the asbestos or have been carried out by a suitably trained person."

Staff and public exposed to asbestos during refurbishment work

A decorating company has been fined after it exposed employees, agency staff and members of the public to potentially fatal asbestos material.

The incident happened during a refurbishment project at offices in Sentinel House, Nuffield Industrial Estate, Poole over a period of several weeks in 2009.
Bournemouth Crown Court heard that MJC Decorating and Refurbishing Ltd began removing ceilings at the two-story block without carrying out a suitable survey in advance to determine whether asbestos was present.

A visit to the site by an HSE inspector revealed widespread contamination and spread of asbestos both inside and outside the building. Investigations revealed that some material removed from the site as non-hazardous may have included asbestos-containing materials.

As a result, four employees and 14 agency staff working under the control of MJC, were exposed to asbestos dust and fibres that can cause respiratory problems and even incurable lung diseases.

MJC workers carried out the removal of asbestos insulation board ceiling over two weeks while wearing normal work clothes that became contaminated with asbestos fibres. This may have led to the exposure of many more members of the public during their journey to and from the site over this two week period.
MJC Decorating and Refurbishing Ltd, of London Road, North Cheam, Sutton, Surrey, pleaded guilty to three breaches of the Control of Asbestos Regulations 2006. It was fined a total of £45,000 and ordered to pay £36,943 in costs.
Speaking after the hearing, HSE Inspector, Helena Tinton, said:

"This was a very serious incident which carries severe risks for people's health.
"MJC's safety failings led to the needless exposure to dangerous asbestos fibres of its employees, agency staff and the wider public. The firm didn't carry out a suitable survey for asbestos material before the work started and failed to provide protection for workers on site.

"Regulations on dealing safely with asbestos have been in place for many years and are widely known in the industry.

"This totally needless incident would not have happened if MJC had carried out proper assessments."

Firm in court after worker's life-changing injuries

Wienerberger Limited has been fined for safety failings after a worker suffered multiple injuries when he fell from the roof of an industrial brick oven at a site in Bishop Auckland.

David Snow, 56, sustained a fractured skull and several breaks to his left leg in the incident at the company's brick manufacturing plant on 18 January 2012.
He has since needed major and on-going reconstructive surgery and more than a year later, Mr Snow, a former keen golfer and dog-walker, relies on crutches or a wheelchair to move about.

The Health and Safety Executive (HSE) investigated the incident, at the now-mothballed site in Eldon Lane, and prosecuted Wienerberger Ltd at Darlington Magistrates' Court.

The court heard Mr Snow, a kiln operator, was standing on the top of the large oven trying to release the exit door that had been jamming half-open since the Christmas shutdown. As he tried to free the jam, he lost his balance and fell some three metres to the floor.

HSE found the firm failed to provide any safety measures to control the risks of falling from height and failed to provide a safe system of work for releasing the jammed oven door.

Wienerberger Limited, Weinerberger House, Brooks Drive, Cheadle, Cheshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act and were fined £13,500 and ordered to pay £4,190.70 costs.

After the hearing, HSE Inspector Michael Kingston said:

"Mr Snow suffered major, life changing injuries as a result of this incident, but there was a real possibility that his fall could have been fatal.

"Weinerberger Ltd was aware of the oven door jamming but failed to put an engineering solution in place until after the incident. In addition no edge protection or any simple precautionary measures were provided temporarily to prevent Mr Snow, or any other employee, falling almost three metres to the factory floor.

"Falls from height continue to be the main cause of workplace fatalities even though simple and inexpensive measures can be implemented to avoid putting employees at risk."

East of England firms in court for employee fall

Two companies have been fined for safety failings after a worker suffered life-changing injuries when he plunged ten metres through a perspex rooflight onto a concrete floor at a Hertfordshire farm.

Constantin-Iulian Pascu, then 25, was working for NMH Property Services Ltd, of Harwich, who were installing solar panels at Bayford Hall Farm with Ipswich-based SEH Commercial Ltd.

On 7 December 2011, Mr. Pascu and an electrician from NMH Ltd, were at the farm to carry out the final connection and commissioning of the system. Both workers climbed up on the scaffolding to carry out checks roof level. However Mr Pascu then climbed onto the roof where he fell through a rooflight to the floor below.

Mr Pascu suffered a fractured spine, broken pelvis and lacerations. He needed plates and screws fitted to both spine and pelvis and was unable to walk unaided for four months. He remained off work for six months.

The incident was investigated by the Health and Safety Executive (HSE), which prosecuted both SEH Commercial Ltd and NMH Property Services Ltd at Hertford Magistrates' Court.
 
The court heard that SEH had erected scaffolding and safety netting under the work area. A standard rail system was fitted over the roof on which the solar panels were mounted.

But once the roof work was completed on 3 December 2012, the safety netting had been removed the next day.

On 6 December 2011, an NMH electrician was on site carrying out the electrical installation. He had noted a fault with the panel feed so had climbed the scaffold to check the roof level installation and had inadvertently smashed a perspex rooflight at the other end of the building.

HSE found that the site manager for SEH was present at the time and looked at the damage but he did not notice that the safety nets had been removed. The matter was not raised immediately through the company near miss procedure. Mr Pascu's fall through a separate perspex rooflight happened the following day.

SEH Commercial Ltd of Olympus Close, Ipswich, was fined £15,000 and ordered to pay £4,437 in costs after pleading guilty to failing to plan, manage and monitor the installation of solar panels on a fragile roof safely under Regulation 13(2) of the Construction (Design and Management) Regulations 2007.

NMH Property Services Ltd of Orchard Close, Harwich, was fined £5,000 and ordered to pay £2,219 in costs after admitting breaching Regulation 9(2)(b) of the Work at Height Regulations 2005.
After the hearing, HSE Inspector Tony Mitchell said:

"Mr Pascu has suffered severe injuries but is fortunate to have escaped with his life.

"Falls from height are still the biggest killer in the construction industry and this case demonstrates the reality of what can happen when adequate arrangements are not in place to manage the significant risks of working at height.

"Fragile roofs are inherently dangerous. If the near miss the previous day had been properly followed up, then this incident could have been prevented. And had the nets remained in place then the consequences of a fall would have probably been much less severe.

"SEH Commercial Ltd failed to follow their own near miss procedure and so missed an opportunity to prevent the incident. NMH Property Services should have checked to ensure fall mitigation was in place before accessing the roof. There also appeared to be a lack of co-ordination between contractors which would have been evident in the near miss incident.

"All those involved in work on fragile roofs need to ensure that adequate fall prevention is, and remains, in place throughout the work."

Firms in court after worker fell from unguarded scaffolding

Two firms have been prosecuted after a labourer suffered multiple injuries in a fall from unguarded scaffolding.

Stephen Keegan, 56, of Frome, Somerset, was a temporary employee of Julian Chard Carpentry Ltd, which had been sub-contracted by C J Deighton & Co Ltd to construct timber frames for some properties in Studley Green, Trowbridge, Wiltshire, in March 2012.

Chippenham Magistrates' Court heard that Mr Keegan was helping to build the frames when he fell some two metres from an unguarded section of scaffolding. He suffered a fractured knee, broken collarbone, fractured wrist and perforated ear drum.

A Health and Safety Executive (HSE) investigation found that Swindon-based C J Deighton & Co Ltd failed to properly plan and manage construction activities on site to ensure that work, including work at height, was carried out safely.
The company also failed to provide adequate, up-to-date information to site management, scaffolders and contractors. This led to a fixed scaffold being provided for workers that failed to take account of changes to plans for the building, resulting in a lack of internal edge protection around the porch area where Mr Keegan fell.

The court heard that although site management identified the problem with the scaffold, their only response was to fit a temporary and inadequate guard rail. They also allowed work to be carried out for a number of days despite knowing it was unsafe to do so.

HSE inspectors also found sub-contractor Julian Chard Carpentry Ltd failed to supervise the work or put adequate safety measures in place to protect anyone working at height on the timber frame construction.

C J Deighton & Co Ltd, of Old Station House, Station Approach, Newport Street, Swindon, Wiltshire, was fined a total of £15,000 and ordered to pay £3,122 in costs after being found guilty in their absence of breaching Regulation 22(1) of the Construction (Design and Management) Regulations 2007.

Julian Chard Carpentry Ltd, of Vallis House, Vallis Road, Frome, Somerset, was fined a total of £10,000 and ordered to pay £3,121 in costs after also being found guilty in their absence of breaching Regulation 6(3) of the Work at Height Regulations 2005.

CJ Deighton has gone in liquidation and Julian Chard Carpentry has now ceased trading.

After the hearing, HSE inspector Helena Tinton said:

"This was a serious incident which could easily have been prevented. There were significant failures by both C J Deighton and Julian Chard Carpentry. With proper planning and communication a suitable scaffold could have been provided. Monitoring and supervision on-site should have identified the unsafe work at height and work halted until the scaffold was corrected or measures put in place to mitigate a fall.

"Mr Keegan has undergone several operations since his fall and is unlikely to get full mobility in his shoulder, knee or wrist. This was only a temporary job for Mr Keegan and, as a self-employed painter and decorator, his injuries meant that he could not work at all for six months and they will severely hamper his future ability to work."

Companies and director sentenced after worker's fatal fall

The director of a concrete structures firm has been ordered to pay a total of £25,000 in fines and costs after a worker died following a fall from height at a Swansea building site.

Carillion Construction Ltd, Febrey Ltd and director Michael Febrey, were prosecuted by the Health and Safety Executive (HSE) following the incident at the Meridian Quay apartment development on 22 January 2008. Carillion and Febrey were fined on 23 November, 2012 and sentencing against Mr Febrey was adjourned until today’s hearing.

Self-employed father of two Russell Samuel, from Porth, was contracted by Febrey Ltd to work as a scaffolder at the site.

Swansea Crown Court heard that he was dismantling a scaffold ladder access platform ahead of the installation of a roof and staircase on the fourth floor when he fell around 19 metres to the ground, narrowly missing a carpenter working directly below.

Mr Samuel, 40, suffered multiple injuries, including a fractured skull. He was taken to Morriston Hospital but died two days later.

An HSE investigation found Febrey Ltd had inadequate and ineffective health and safety management arrangements and there was little or no communication, information and instruction provided to its workforce.

The management team on site was not adequately trained in health and safety, despite repeated warnings by its health and safety consultants. This led to persistent and systematic failures to control risks at the site.

Mr Febrey was aware of the failings within his company - his workforce had raised concerns about the site – yet he failed to take responsibility for the company’s failings which allowed this culture to continue.

Carillion Construction Ltd failed to ensure the safety of its employees and those under its control. The company, as principal contractor at the site, was made aware of and had detected many failings in the safety management of Febrey Ltd. However, it failed to gain improvement from the company.

Michael Febrey of 3a Rockleaze Road, Bristol pleaded guilty to breaching two counts of Section 37(1) of the same legislation. He was fined £20,000 and ordered to pay £5,000 in costs.

Carillion Construction Ltd of Construction House, Birch Street, Wolverhampton, pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £130,000 and ordered to pay £52,500 in costs in the earlier hearing.

Febrey Ltd, of Burcott Road, Bristol, which when into liquidation shortly after the incident also admitted breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974. In his sentencing remarks, His Honour Judge Thomas said he fined the company a token amount of £85, which - had it still been solvent and able to pay - would have been in the region of £250,000.
Speaking after the hearing, HSE Inspector Anne Marie Orrells said:

"Febrey Ltd did not manage health and safety. I can only echo the sentencing remarks made by Judge Thomas, that: ‘…there was a lack of proper and adequate expertise, training and direct responsibility for matters of health and safety. The personnel, the time, the resources and the will were all lacking to address the reoccurring problems of people working unsafely at height as necessary. Disregard for basic safety measures were left unchallenged. No one took ownership of the issue. In such an atmosphere, not only the inexperienced and the vulnerable, but the experienced like Mr Samuel, can become sloppy and complacent. It was against that background and in that culture that the accident happened.

"This culture was allowed to continue without proper managerial intervention and for that reason Mr Febrey, as the managing director, must bear a portion of direct responsibility. There was a void in the company’s organisation, which Mr Febrey must have recognised, but did not rectify."
Inspector Orrells added:

"Carillion Ltd. had a duty to plan, manage and monitor the work. Febrey’s failing were all too apparent, moreover Carillion were aware of it. Judge Thomas said: ‘Ultimately, what they did not do was stop it - they did not do enough, they did not achieve the desired necessary result. Nagging and warning are one thing- positive, effective action is another. Carillion should have taken robust steps to remedy a situation which they were perfectly aware of.’

"Falls from height are still the biggest killer in the construction industry and this is the tragic reality of what can happen when adequate arrangements are not in place to manage health and safety.
"Mr Samuel was a young man who had a lot to live for. His children and family will have to live with his loss for the rest of their lives. It is heartbreaking that his untimely death could so easily have been prevented."

Sub-contractor fined for safety failings at Devonport Royal Dockyard

A submarine maintenance company has been fined after a labourer crushed his hand while working on a submarine refit project at Devonport Dockyard in Plymouth.

The 19 year-old worker had to have plates inserted to repair broken bones after his right hand was drawn into the rotating bar of a drum rolling machine whilst working for Thales Underwater Systems on 22 April 2012.

Plymouth Crown Court heard that the labourer had been working on the exterior of a submarine prior to the incident. He slipped on a wet floor and as he put his hands out to break his fall his gloved hand was drawn into a rotating bar of the drum roller, which was used to agitate contents of drums prior to mixing and dispensing of chemicals. He was hospitalised for three days for emergency treatment.

An investigation by the Health and Safety Executive (HSE), which brought today's prosecution, found that the metal fixed guard had been removed from the machine - a regular occurrence to enable the drum to be rolled with a valve already inserted to allow transfer of the drum content to the mixing equipment.
HSE established that Thales Underwater Systems Ltd did not conduct any risk assessments in relation to the operation of the machine, and that the company failed to prevent access to dangerous parts of machinery by allowing removal of the fixed guarding.

Thales Underwater Systems, of The Bourne Business Park in Addlestone, Surrey, was fined a total of £50,000 and ordered to pay £15,236 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.

Speaking after the hearing, HSE Inspector Georgina Speake said:

"This incident could have been prevented had the guard not be removed from the drum roller. Thales Underwater Systems clearly failed to ensure the safety of its employees, with painful consequences for the injured worker.

"The law clearly states that employers should take all reasonably practicable steps to protect employees from harm arising from their work. In the case of machinery, moving parts that could cause injury should be guarded or made safe so that people cannot come into contact with them."