Firm in court after worker loses sight in one eye

A Tyneside autoparts firm has been fined after a worker lost his sight in one eye when a compressed air hose whipped him in the face.

The injured man, who has asked not to be named, was carrying out maintenance work to clean a paint fume filter at Faltec Europe Ltd's site in Boldon on 7 July 2012.

When he had finished, he isolated the compressed air supply at the connection point and went to disconnect the equipment.

However, he was unaware the pressure from the flexible hose needed venting before disconnection. As a result, the hose whipped and struck him in the face, hitting his eye and breaking his cheekbone.

The 49 year-old, from South Shields has permanently lost the sight in his right eye but he has been able to return to work.

The incident was investigated by the Health and Safety Executive (HSE) which  prosecuted Faltec Europe Ltd for safety failings at South Tyneside Magistrates' Court.

The HSE investigation found the company had failed to provide the worker with sufficient information, instruction or training on the equipment he was using when the incident happened.

Faltec Europe Ltd, of Didcot Way, Boldon Business Park, Tyne and Wear, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £20,000 and ordered to pay £7,813.70 in costs.

After the hearing, HSE Inspector Fiona McGarry said:

"This was an entirely preventable incident which has resulted in a worker losing his sight in one eye - an injury which will affect him permanently.

"The sudden release of compressed air is a known hazard in industry. Faltec Europe Ltd should have ensured that there was a safe system of work in place and that anyone working with compressed air had been given sufficient information, instruction and training to keep themselves and others safe from air blasts and whipping or snaking hoses."

Norfolk illegal gas fitter in court

A Norfolk plumber has appeared in court for illegally carrying out gas work for a landlord in Norwich.

Gary Dunne-Bathurst, age 54 from North Elmham, was prosecuted by the Health and Safety Executive (HSE) after he installed a gas boiler without being registered with Gas Safe - a legal requirement for anyone undertaking gas work.

Norwich Magistrates' Court heard that Mr Bathurst carried out the work at a property on Dover Street in Norwich in 2011 despite not being a qualified gas engineer.

Gary Dunne-Bathurst, of Street Farm, Loke in North Elmham, was given a 12-month conditional discharge and ordered to pay £100 in costs after pleading guilty to a breach of the Gas Safety (Installation and Use) Regulations 1998 on 12 June 2013.

After the hearing, HSE Inspector Ivan Brooke said:

"Although nobody was injured in this incident, there were potentially grave consequences for the residents.

"The case highlights the fact that unregistered gas work is still quite common, putting people's lives at risk as a result. Homeowners, landlords and tenants should always request ID and check workers are properly accredited."

Russell Kramer, Chief Executive of Gas Safe, 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

Illegal gas work leads to court for Swindon builder

A self-employed builder from Swindon has been fined for carrying out unsafe work on a boiler that exposed an elderly and vulnerable resident to potential danger.

Raj Kumar Bagga was re-roofing a garage at a property on Ashbury Avenue in Swindon between 21 September and 5 November 2012. He removed the boiler's gas flue and later partially pushed it back, leaving a two-centimetre gap.
The Health and Safety Executive (HSE), which investigated, told Swindon Magistrates today (10 June) that the boiler was left functioning until a separate fault occurred. The resident then employed a registered gas engineer who spotted the gap and isolated the boiler.

Mr Bagga was called back to the property and, despite being told he needed to get a registered engineer by the occupant, he pushed the flue back in, having cut a bigger hole.

HSE said Mr Bagga was not competent or registered to carry out any gas work and the fault was only discovered by chance.

Raj Kumar Bagga, of Woodside Avenue, Swindon, pleaded guilty to breaching regulations 3(1), 3(3) and 8(2) of the Gas Safety (Installation and Use) Regulations 1988. He was fined £1,000 and ordered to pay costs of £1,113.15.
Speaking after the hearing, HSE Inspector Ian Whittles said:

"Mr Bagga was not qualified to make adjustments to the boiler. A registered engineer would have disconnected the flue, isolated the boiler during the works, refitted it on completion and finally checked the boiler.

"His dangerous work could have easily led to injury or even a fatality. The garage was attached to the house and fumes would have escaped into the living accommodation.

"Anyone working with gas must be registered as trained and competent to do so and be members of the Gas Safe Register by law. That way customers can be sure they are dealing with an engineer who is qualified to do the job.

"Unregistered gas fitters expose people to unacceptable risks that can prove fatal. Any business or sole trader who carries out work on any gas appliance without being registered is breaking the law and HSE will not hesitate to prosecute." 

Rochdale bedding firm fined £50k over multiple safety failings

A Rochdale bedding manufacturer has been fined £50,000 after a health and safety inspection found the majority of its machines were unsafe to use.

One of the machines at the factory which had been wrapped with pieces of cardboard

 

Inspectors from the Health and Safety Executive (HSE) had to return to Sartex Quilts and Textiles Ltd for a second day after finding dozens of missing or inadequate guards on machines.

The company, which owns the Maison Le Vie and Night Comfort brands and employs 80 people at its plant on Queensway, was prosecuted following the inspection on 27 and 28 October 2011.

Manchester Crown Court was told that one machine, used to compact bales of quilt, had been wrapped with pieces of cardboard as the only way of protecting workers from the dangerous moving parts inside.

A lose board had been placed over a large electric motor and pulley system on another machine, and guards were generally found to be in a poor condition or missing altogether.

Inspectors issued three Prohibition Notices stopping some work immediately, and 12 Improvement Notices requiring changes to be made.

Sartex Quilts and Textiles Ltd, which manufactures duvets, pillows and mattress protectors, admitted a breach of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of its employees. The company was fined £50,000 and ordered to pay £14,614 in prosecution costs on 12 June 2013.

Speaking after the hearing, HSE Inspector Helen Mansfield said:

"This was one of the worst cases of missing or inadequate guards I or my colleagues have ever seen. Every corner we turned, we found another issue.
"The company put production before health and safety and put the lives of its employees in danger as a result. Common sense should have meant they didn't use cardboard to cover dangerous moving parts, but that's exactly what we found on one machine.

"Hundreds of injuries are reported every year across Great Britain caused by poor or missing guards, and it's only luck that no one has been seriously injured or even killed at Sartex Quilts' factory in Rochdale."

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

Bolton recycling firm sentenced after worker

The recycling site in Bolton where a 61-year-old man suffered serious injuries

 

A Bolton company has been ordered to pay almost £130,000 in fines and costs after a worker suffered serious injuries when he was crushed between two trucks at a recycling plant.

The Health and Safety Executive (HSE) prosecuted DS Smith Paper Ltd after the firm failed to observe correct safety procedures around the tipping area at its Severnside site on Turton Street. The company was sentenced at Manchester Crown Court.
 
The 61-year-old worker from Towyn, North Wales, who has asked not to be named, suffered fractured ribs, a fractured right collar bone, a punctured right lung and multiple bruising after being crushed between his own HGV and another vehicle on 26 February 2010.

During a four-day trial at Manchester Crown Court last month, the jury heard the worker had emptied his load of paper and had got out his truck to close its rear doors, using two buttons on the side of the vehicle.

As he did this, another truck reversed into the warehouse through a separate doorway and trapped him between both vehicles.

The court was told that, at the time of the incident, there were no barriers in the tipping shed to separate vehicles entering through different doors, and that a supervisor wasn’t present to indicate whether it was safe for drivers to enter the site.

A HSE investigation found it was common practice for two vehicles to be in the warehouse at any one time, putting drivers at risk when they had to leave their trucks.

DS Smith Paper Ltd also failed to enforce its own system for controlling entry into the tipping shed as there was not always a supervisor present.
It has since introduced new safety procedures, which mean only one HGV is allowed in the warehouse. A new safety area has also been introduced for pedestrians.

DS Smith Paper Ltd, of Turton Street, Bolton, was found guilty of breaching the Workplace (Health, Safety and Welfare) Regulations 1992 by failing to make sure the site was safe for vehicles and pedestrians. The company was fined £80,000 and ordered to pay £49,822 in prosecution costs.

Speaking after the hearing, HSE Inspector David Norton said:

"A worker suffered serious injuries while working at the Severnside recycling site because DS Smith Paper Ltd failed to safely organise the vehicles in and around the tipping area.

"The risks caused by large vehicles reversing are well known, yet the company regularly allowed two vehicles into the warehouse at once, without any safety barriers in place.

"The driver suffered horrific injuries as a result of this negligence, and this case should serve as a lesson to other companies working with large vehicles to ensure that the correct safety procedures are in place."

West Yorkshire firm in court over highly-flammable spillage

A solvent recycling firm in West Yorkshire has been prosecuted for safety failings that led to a major spillage of nearly 4,000 litres of highly flammable liquid from a road tanker.

Employees at the Tradebe Solvent Recycling Ltd site in Knottingley were exposed to serious risk that the liquid might ignite.

Three workers waded into the pool of harmful liquid when it was discovered. One used his finger to block a drain hole to prevent it from flowing into the site drain and from there to the river. Two others went to find sand for the drain hole and brushes to sweep the liquid elsewhere.

Wakefield Magistrates heard that no steps were taken to immediately halt traffic movements on the site, producing a risk of ignition.

The incident, on 16 December 2011, was investigated by the Health and Safety Executive (HSE), which brought a prosecution for safety failings against Tradebe Solvent Recycling Ltd.

The court was told that after a shift change at the Weeland Road site, one operative started to fill a tanker with paint thinners unaware it had been filled with industrial denatured alcohol, or methylated spirits, by the previous shift. The vehicle was left for about 15 minutes with the pump running while the worker went to get some paperwork.

When he returned, some four tonnes - around 3,800 litres - of highly flammable liquid had spilled and pooled. The three employees eventually managed to block the site drain and the remaining spill was recovered to a fixed storage tank using a vacuum hose. Traffic movement on site was not halted until the firm’s health and safety manager arrived some time later.

HSE found that the company did not have a safe system in place for filling the tankers, despite the fact that solvent recycling was the primary element of the business. In addition there were failings in procedures at important times such as shift changeover and some inadequate training.

Tradebe Solvent Recycling Ltd, part of the Tradebe Waste Management group, a multi-national business, admitted breaching Section 2(1) of the Health and Safety at Work etc Act 1974 by exposing employees to danger while loading highly flammable liquids and recovering a spillage. The company, of Sandycroft, Deeside, Flintshire, Wales, was fined £3,000 and ordered to pay £2,070 in costs.
After the case, HSE Inspector Neil Casey, who investigated, said:

"This was a serious incident involving nearly 4,000 litres of flammable liquid, which could have been ignited by more than one source. The nature of the business carried out on the site, where flammable liquids are processed for re-use, meant that there was a risk that a major fire could occur.

"Tradebe Solvent Recycling failed to ensure there were robust safety procedures for filling tankers and a safe system in place for shift changeover – a time that is widely recognised as a potential weakness within industry. There were also failings in the training and instruction given to workers.

"At the company’s Heysham site in Lancashire, a tanker was overfilled in similar circumstances in 2008 and controls were implemented afterwards by the company using ‘full’ and ‘empty’ indicator boards. The same measures had not been introduced at Knottingley and, had they been so, this incident could have been avoided.

"Companies whose businesses rely on the handling of hazardous substances with the potential to cause serious injuries, and even death, cannot afford to be complacent and should have adequate systems to control the risks that they generate."

Health board fined for asbestos failings

 A Scottish health board has been fined for safety failings that led to several workers and contractors being potentially exposed to deadly asbestos fibres.

Glasgow Sheriff Court heard that Greater Glasgow Health Board, known as Greater Glasgow & Clyde NHS, had failed to properly manage the risks of asbestos in a basement plant room of the Royal Hospital for Sick Children (Yorkhill Hospital) in Glasgow.

The court heard that a survey in February 2009 had identified the presence of asbestos containing materials (ACMs) in various locations within the plant room and noted that they were in good condition and presented a low risk. The survey recommended the ACMs should be labelled and their condition monitored so any future deterioration could be managed.

In January 2011 a survey of the plant room was carried out prior to the installation of a new MRI scanner at the hospital. This found that some of the ACMs were in a poor condition and now posed a high risk. It recommended removal and environmental cleaning of the area.

Air and swab samples for asbestos fibres came back positive, the plant room was then sealed off and the matter reported to the Health and Safety Executive (HSE).

An investigation by the HSE found that the health board had taken no action since the 2009 survey to monitor the ACMs within the plant room. No labelling of the ACMS had taken place and nothing had been done over the following two years to maintain the materials in good condition.

The 2011 survey showed their condition had deteriorated, from good and low risk to poor and high risk, but it was not known precisely how or when the ACMs had been damaged.

The court also heard that employees of the health board and outside contractors regularly had to access the plant room and could have potentially been exposed to the harmful asbestos fibres in the plant room when carrying out maintenance work.

Greater Glasgow Health Board, of JB Russell House, Gartnavel Royal Hospital, Great Western Road, Glasgow was fined £6,000 after pleading guilty to a breach of Regulation 4(10) of the Control of Asbestos Regulations 2006.
Following the case, HSE Inspector Eve Macready, said:

"The dangers posed by the presence of asbestos are clear. There is no known ‘safe limit’ and it is often many years after exposure before asbestos-related diseases appear – so it is important that exposure to asbestos fibres is kept to an absolute minimum.

"Glasgow Health Board failed in its duty to properly manage the risks of asbestos in its premises and as a result a number of employees and external contractors have potentially been exposed to harmful fibres."

Chocolate company fined after worker's finger amputated

A Northamptonshire chocolate maker has been fined after an employee's finger was severed in an inadequately guarded machine.

Kettering magistrates heard that Joao Countinho, was cleaning a depositor - a machine which pipes liquid chocolate into moulds - at Ashbury Chocolates Ltd on 29 February 2012.

He had removed the rotors and reached up to check the stirrer cavity was clean but the stirrers were still rotating. His left index finger became trapped and was partially severed. It had to be fully amputated later in hospital.

Mr Countinho, 41, of Peterborough, was off work for around three months although he has since returned to the factory doing the same job.

A Health and Safety Executive (HSE) investigation found the machine was only partially guarded as there was an interlocking guard at the top of the stirrer cavity but there was no protective device in place at the bottom, meaning Mr Countinho was able to reach in despite the fact the machine was running.

Ashbury Chocolates Ltd, of Darwin Road, Willowbrook Industrial Estate, Corby, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £5,000 and ordered to pay costs of £3,485.

Speaking after the hearing HSE inspector Michelle Morrison said:

"This was a serious incident that could have easily been prevented.

"Ashbury Chocolates Limited had a duty to ensure its employees were protected from the dangerous moving parts of its machines. It failed in that duty. The company has since installed a new guard to prevent a recurrence but it is a pity a man had to suffer a painful injury for that to happen."

Company fined after worker's hand crushed

A Wellingborough firm has been fined for safety breaches after a worker’s hand was crushed in an unguarded laminating machine.

Michael Taylor, 29, of Wellingborough, suffered serious injuries when his right hand and forearm were drawn into gluing rollers of the machine. Mr Taylor has had four operations and extensive physiotherapy but it is unlikely he will ever regain full movement in his hand.

The incident, on 20 January 2012, at The Paper Pallet Company Ltd was investigated by the Health and Safety Executive (HSE), which today prosecuted the company at Wellingborough Magistrates’ Court.

The court heard that The Paper Pallet Company Ltd, which uses recycled paper to make pallets, failed to ensure a honeycomb laminating machine was guarded and that staff were adequately trained and supervised in order to use it safely.

HSE found several failings. Mr Taylor was inadequately supervised and the machinery was unguarded at several points, not just where the incident occurred. The guarding over the gears and chains allowed access to dangerous moving parts, and some of the emergency stops did not work properly.

In addition the company had not carried out a risk assessment on the machine. This meant there was no safe system of work for cleaning the gluing rollers or for the operation, use and maintenance of the line.

Following the incident, the company introduced a light guard system, which shuts down the line if anyone breaks the beam to approach dangerous moving parts.

The Paper Pallet Company, Sinclair Drive, Wellingborough, pleaded guilty to breaching section 2 (1) of the Health and Safety at Work etc Act 1974 and was fined £20,000 and ordered to pay £10,877 costs.

Speaking after the hearing, HSE inspector Elizabeth Hornsby said:
"This is a very serious case of a company neglecting its duty to supervise and protect its employees from potentially dangerous machinery.

"Basic risk assessments weren’t carried out and Mr Taylor was not given suitable instruction in how to use the machine safely. Even his supervisor had not been given appropriate health and safety training to allow him to discharge his responsibilities adequately.

"The Paper Pallet Company Ltd has now introduced measures that will cut the power to the machinery if anyone approaches dangerous moving parts. It’s just a shame this did not happen before Mr Taylor suffered such severe injuries."
Mr Taylor said:

"The physical scars I have, both on my hand and from skin grafts, mean I’ll be reminded of this accident everyday for the rest of my life.

"Since the accident I have struggled to get back into work. I have a passion for cars, mechanics and engineering but the idea of working with machinery has given me serious concern. I have a constant fear that I will get hurt when at work and I have also considered a complete career change. I am still in a position where I am unsure how I feel about my career in the long term or what work I will feel safe to do."

Monmouth roofing firm in court again over unsafe work

A Monmouth roofing firm has been fined after it allowed workers onto a house roof without safety measures in place, despite an employee being injured in a fall less than five months earlier.

Newlook Roof Coatings Ltd was prosecuted by the Health and Safety Executive (HSE) following a complaint about work at a detached house in Stourport, Worcestershire on 26 March 2012.

Kidderminster Magistrates' Court heard that two of the company's employees had used an unsecured ladder to reach the roof to clean and paint the tiles. There was no scaffolding around the edge of the roof to prevent them falling to the ground below.

The court was told that Newlook Roof Coatings had also been in court after a 26 year-old employee fell from the roof of a house in Cirencester in 2011. Again, the company admitted failing to provide the necessary protection against falls from height.

Lee Hanson fell six metres after losing his footing on a roof ladder, but his fall was broken by a bush. He broke his right wrist, suffered cuts and bruising, and was unable to return to work for six weeks.

Newlook Roof Coatings Ltd, of Wonastow Road in Monmouth, was charged with two breaches of the Work at Height Regulations 2005 following the incident in Stourport in March 2012.

The company was fined £11,500 and ordered to pay costs of £6,737 after pleading guilty to the offences, which relate to failing to properly plan work at height and failing to ensure measures are taken to prevent workers being injured in a fall.

Speaking after the hearing, HSE Inspector Sue Adsett said:

"This is the second time Newlook Roof Coatings has been prosecuted over unsafe work at height, and follows an incident where a worker was injured after falling from a roof.

"It was only luck that no one was seriously injured on this occasion. There was no excuse for not erecting scaffolding around the roof for a job lasting a day or more like this, especially given the previous warnings the company has had.
"I hope this latest prosecution will mean Newlook finally gets the message about the importance of safety when it comes to working at height."

Monmouth roofing firm in court again over unsafe work

A Monmouth roofing firm has been fined after it allowed workers onto a house roof without safety measures in place, despite an employee being injured in a fall less than five months earlier.

Newlook Roof Coatings Ltd was prosecuted by the Health and Safety Executive (HSE) following a complaint about work at a detached house in Stourport, Worcestershire on 26 March 2012.

Kidderminster Magistrates' Court heard that two of the company's employees had used an unsecured ladder to reach the roof to clean and paint the tiles. There was no scaffolding around the edge of the roof to prevent them falling to the ground below.

The court was told that Newlook Roof Coatings had also been in court after a 26 year-old employee fell from the roof of a house in Cirencester in 2011. Again, the company admitted failing to provide the necessary protection against falls from height.

Lee Hanson fell six metres after losing his footing on a roof ladder, but his fall was broken by a bush. He broke his right wrist, suffered cuts and bruising, and was unable to return to work for six weeks.

Newlook Roof Coatings Ltd, of Wonastow Road in Monmouth, was charged with two breaches of the Work at Height Regulations 2005 following the incident in Stourport in March 2012.

The company was fined £11,500 and ordered to pay costs of £6,737 after pleading guilty to the offences, which relate to failing to properly plan work at height and failing to ensure measures are taken to prevent workers being injured in a fall.

Speaking after the hearing, HSE Inspector Sue Adsett said:

"This is the second time Newlook Roof Coatings has been prosecuted over unsafe work at height, and follows an incident where a worker was injured after falling from a roof.

"It was only luck that no one was seriously injured on this occasion. There was no excuse for not erecting scaffolding around the roof for a job lasting a day or more like this, especially given the previous warnings the company has had.

"I hope this latest prosecution will mean Newlook finally gets the message about the importance of safety when it comes to working at height."

North Wales company in court after worker's fall

A haulage company has been fined after an employee sustained injuries falling from a wooden pallet carried on a fork lift truck.

The worker, from Waenbridge, St Asaph, who does not want to be named, suffered serious fractures to both his heels when he fell two metres while carrying out repairs to a lorry trailer unit on 22 February 2011.

In a prosecution brought by the Health and Safety Executive (HSE), Llandudno Magistrates heard that the employee was asked to repair a high level tear in the curtain sided unit.

To reach the tear, he got on top of a wooden pallet which was raised off the ground by a forklift. After completing the work, he called for another worker to lower him down. The lift truck lurched backwards, causing him to fall off the pallet.

An investigation by HSE found that the work had not been properly planned and no suitable equipment had been provided by the company. The firm also failed to monitor and supervise the work of its employees.

LE Jones Ltd, of Denbigh Road, Ruthin, was found guilty of breaching Regulations 4(1), 5 and 6(3) of the Work at Height Regulations 2005 and was fined a total of £15,000 and ordered to pay £4,041 in costs.

Speaking after the prosecution, HSE Inspector Dave Wynne, said:

"This entirely preventable incident could have caused much more serious or even life-changing injuries.

"The company could have provided a permanent gantry or a cherry-picker for routine repairs on its quite large road fleet.

"Work at height must be properly planned and organised by a competent person.

"This prosecution should send a strong signal to all companies that improvised work platforms are not acceptable in the modern workplace and HSE will take action where ineffectual monitoring and supervision leads to any incident."

Worker's six metre fall lands two Kent businesses in court

 

A Kent father and granddad died after plunging six metres through a fragile skylight because safety measures were neglected both by his employer and a major drinks wholesaler, a court has heard.

The bonded warehouse where the incident happened

 

Robert Rogers, 61, was working for Richard Parker, trading as Ovenden Engineering, which had been contracted by Allied Domecq Spirits and Wine Ltd to fix a leak in the roof and clean the gutters of their bonded warehouse in Dover, Kent.

Canterbury Crown Court was told that Mr Rogers was on the roof with his brother, Trevor, also an employee of Richard Parker, when he fell through one of the 80 skylights and hit the concrete floor below. He suffered multiple injuries and died later in hospital.

Mr Rogers, known as Bob, of Folkestone, left his wife Jennifer, two sons and nine grandchildren.

The incident, on 16 November 2010, was investigated by the Health and Safety Executive (HSE), which prosecuted Richard Parker, of Folkestone, and Allied Domecq Spirits and Wine Ltd, trading as CG Hibbert Ltd, of West London, for safety breaches.

HSE’s investigation identified failures by both defendants. The court heard there was no safety equipment in place for anyone working on the roof, which was itself fragile. This was despite Mr Parker’s employees working on the warehouse roof as often as every month. There were no crawling boards, scaffolding boards, harnesses or nets to protect workers from the risks.

As the owner of the warehouse, Allied Domecq had responsibility for the site and should have ensured contractors planned their work and carried it out safely and that proper control measures were in place.

Richard Parker, t/a Ovenden Engineering, Radnor Street, Folkestone, Kent was today (18 June) fined £26,667 and ordered to pay £4,000 in costs after admitting breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
Allied Domecq Spirits and Wine Ltd, t/a CG Hibbert, of Chancellors Road, West London, was fined £266,677 with costs of £10,752 after admitting breaching Section 3(1) of the same Act. Both defendants had entered guilty pleas at a hearing before Canterbury Magistrates in April.

After the sentencing hearing, HSE Inspector Guy Widdowson said:

"This is a tragic case in which a devoted husband, father and grandfather has lost his life whilst at work. It is sickening that such incidents happen despite the widespread industry knowledge of the risks of working at height and of working on fragile roofs with equally fragile skylights.

"Mr Rogers’ death was entirely preventable. Mr Parker should have provided his workers with suitable equipment to work on the roof. He failed to do so.

"Allied Domecq do not contract out their health and safety responsibilities just by contracting out a particular job. It was their duty to ensure there was a safe system of work before the job started and that their contractors followed agreed safe procedures. They too failed to do so."

In a statement to the court, Mr Rogers’ wife of nearly 40 years, Jennifer, said:
"The shock and suddenness of Bob’s death significantly affected me. I was in a daze for a long time, and still find I’m in a daze now sometimes. His death was just after my birthday and near Christmas and I found it very difficult to face Christmas without him. I feel lost without him and do struggle.

"I miss him terribly. I miss talking things over with him. Bob used to help our sons a lot with DIY and we all miss him not being here to help, he was very knowledgeable. My life is empty now without my lifelong companion by my side. He was my soulmate- we did everything together."

Company fined for Derbyshire skip lorry death

A Sheffield company that crushes rubble from construction and demolition waste has been fined £300,000 after an employee was killed by an overturning skip lorry in Derbyshire.

David Vickers, 37, of Walton, was tipping a skip at Adis Scaffolding Ltd's site in Markham Lane, Duckmanton, when the incident happened on 22 July 2008.
Derby Crown Court heard that he had exited the cab of the truck he was driving to deploy the stabilising rear outriggers before raising a skip using the lifting arms. However, as he did so the vehicle overturned and landed on top of him, causing fatal injuries. He died at the scene.

A subsequent investigation by the Health and Safety Executive (HSE) found the skip was mis-hooked, with the hooks engaging on the lip of a base plate rather than a catch bar, the correct part of the skip. This meant that it tipped normally until reaching an angle of approximately 70 degrees, at which point it broke free and swung out backwards causing the front of the vehicle to lift several feet off the ground. During the course of tipping the offside outrigger retracted causing the lorry to tip over.

HSE also established that there was no safe system of work for the skip operation, including how to handle mis-hooks and other foreseeable problems; that there was inadequate training and instruction; that the skip lorry controls were not marked; and that the risk assessment for loading and unloading skips fell short of indentifying all significant risks and controls.

Adis Scaffolding Limited, now in liquidation but formerly of Queen Street, Sheffield, was fined £300,000 and ordered to pay £124,468 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 Edward Walker said:

"The failings by Adis Scaffolding Limited were substantial, ranging from unsuitable equipment, an inadequate risk assessment, inadequate training and instruction, and an absence of safe systems of work.

"These failings led to a situation where things went badly wrong, and where David was placed in an impossible situation. His tragic death could easily have been avoided with better planning, management and foresight."

Blueprint sets out Waste Industry's safety drive

A five-prong plan for driving down the number of people killed and seriously injured in the waste and recycling industry has been published.

The Waste Industry Safety and Health (WISH) Forum has been working on its blueprint for better risk management since a landmark summit in February, and the final plan puts the focus on those areas where industry leaders agree action needs to be concentrated.

WISH’s plan outlines 24 immediate action points under five strategic themes – providing strong leadership, involving the workforce, building competence, creating healthier and safer workplaces, and providing support for small and medium sized employers.

Key initiatives include the industry developing its own leadership standards, publishing new training materials on successful worker involvement, and work with customers to use their leverage to promote improved competence.
Chris Jones, WISH chair and Director of Risk Management and Compliance at Cory Environmental, said:

"WISH has been working to improve health, safety and welfare in waste and recycling for more than a decade, and we’ve made some good progress in that time.

"There’s no shortage of desire in the industry to improve our record – this was clear from the summit in February and the amount of energy and commitment been shown in getting us to this point in publishing the blueprint.

"If the industry combines its efforts, contributes and supports the work needed then everything is achievable, and without unreasonable cost or burden. The more that take part in, and contribute to, the working groups that are being set up, the greater will be the knowledge base, the wider the experience and the lesser will be the burden upon everybody.

"We wanted this to be a sort of road map to healthier and safer industry – something that lets anyone in waste and recycling join us on a journey. There’s a long road ahead but we’re off in the right direction."

Graeme Walker, HSE’s waste and recycling lead, said:

"This is a really important development in the drive for improved health and safety in the waste and recycling sector – it shows the industry’s unequivocal commitment to reducing the number of people killed, injured or made unwell. We know from our experience in other sectors, such as construction, that long-term sustainable improvements rely on strong industry leadership and that is what we are seeing here."

Key figures from across the industry are being recruited to chair sub-groups to drive forward implementation the plan, which will be updated regularly.
WISH will continue to oversee the implementation and its members will acts as advocates in each of the subgroups.

Wigan worker injured in fall through sports hall roof

 

  

The corrugated panels Lee Byrne fell through on the roof of Loreto High School in Chorlton.
 

A Wigan roofing firm has been fined after an employee was severely injured when he fell ten metres through the roof of a school sports hall.

Lee Byrne, 29 from Ince, was working on a project to replace the raised roof on the sports hall at Loreto High School in Chorlton with a flat roof when the incident happened on 9 November 2011.

His employer, K Pendlebury & Sons Ltd, was prosecuted by the Health and Safety Executive (HSE) after an investigation found the site fell below the minimum legal standards for safety.

Trafford Magistrates’ Court in Sale heard workers had removed old steel beams under part of the roof so that new beams could be installed. However, this meant the corrugated tin panels on part of the structure were left unsupported.
Mr Byrne was walking over the roof to his colleagues to get their lunch order when the panels under his feet gave way. He fell ten metres, hitting a section of scaffolding on his way down to the ground.

He suffered a fractured pelvis, broken fingers and his right arm and elbow were smashed to pieces. He has had to have an artificial elbow fitted and has so far been unable to return to work due to the extent of his injuries.

The court was told there was no barrier around the fragile section of the roof, and the scaffolding had only been erected under parts of the roof rather than covering the full width.

K Pendlebury & Sons Ltd pleaded guilty to a breach of the Work at Height Regulations 2005 after it failed to ensure workers were prevented from standing on fragile parts of the roof.

The company, of Ormskirk Road in Pemberton, was fined £10,000 and ordered to pay £3,539 towards the cost of the prosecution on 31 May 2013.

Speaking after the hearing, HSE Inspector Matt Greenly said:

"The injuries the employee has suffered will affect him for the rest of his life but he could easily have been killed if he hadn’t hit the scaffolding on the way to the ground.

"I issued an immediate Prohibition Notice when I visited the site preventing anyone from working on the roof until safety measures had been put in place due to the risk of injury.

"The company had been removing a series of supporting steel beams but no barriers were put up to prevent access to the fragile roof panels despite the company recognising before the incident that barriers would be needed. There should also have been scaffolding under the whole of the roof to catch anyone who fell.

"This was a big project that should have been carefully planned but sadly the company’s failings have led to an employee being badly injured."

Bury roofer in court again over unsafe work

 

Three men were spotted on the roof of a furniture warehouse in Trafford Park without any safety precautions in place.
 

A Bury roofer has appeared in court for putting workers’ lives at risk, despite previously being prosecuted after a man was paralysed in a fall through a warehouse roof.

Tony Massey, who trades as Massey Roofing and Building Contractors, was photographed with two other men sitting on the ridge of the roof of a furniture warehouse on Wharfside Way in Trafford Park, approximately ten metres above the ground, on 18 October 2012.

He was prosecuted after the Health and Safety Executive (HSE) found he had not taken any steps to prevent the men falling when climbing up the fragile roof to reach the ridge.

Trafford Magistrates’ Court in Sale heard Mr Massey had been hired to carry out minor repairs to the roof at the Clivedon Furniture warehouse to fix leaks in the valley between two sloping sections.

He was seen climbing up to the ridge of the roof with a casual labourer and an employee from the furniture warehouse to check for other leaks, but failed to provide any safety equipment.

No risk assessment or method statement was produced in advance of the work, and no precautions were taken to prevent any of the men falling from the edge or through fragile glass skylights which run along almost the entire length of the roof.

The court was told Mr Massey had been prosecuted before by HSE after an employee fell through a skylight at an industrial unit on Craven Court Industrial Estate in Warrington on 10 April 2007. The 62-year-old man from Bury sustained severe spinal injuries, leading to him being paralysed from the waist down. Mr Massey had been declared bankrupt at the time of the previous prosecution and received a conditional discharge.

Tony Massey, 70, of Sunny Bank Road in Bury, pleaded guilty to two breaches of the Health and Safety at Work etc Act 1974 and one breach of the Employers’ Liability (Compulsory Insurance) Act 1969 following the latest incident at the furniture warehouse in Trafford Park.

The charges relate to failing to ensure the safety of workers and failing to have compulsory insurance, which meant the labourer he employed would not have been able to make an insurance claim for compensation if he had been injured in a fall. Mr Massey was ordered to carry out 100 hours of community service in the next 12 months, and to pay £2,000 in prosecution costs on 31 May 2013.
Speaking after the hearing, HSE Inspector Matt Greenly said:

"It’s shocking that Mr Massey showed such a reckless attitude to safety at the furniture warehouse in Trafford Park, especially as one of his employees was paralysed in a fall in a previous incident.

"Mr Massey chose to ignore the lessons of his past mistakes and instead allowed himself and two other men to climb onto the ridge of a fragile warehouse roof without a single, basic safety precaution in place, putting his own and their lives at risk.

"Work at height has the potential to be extremely dangerous if it isn’t planned and carried out using appropriate equipment. Mr Massey should have known that more than most but has again found himself in court."

Building firm in court after Wolverhampton house collapse

A Wolverhampton building firm has been fined for neglecting basic construction safety after it dug a trench that caused the partial collapse of a house next door.

The partially collapsed house after the incident

 

Wolverhampton magistrates heard that Astbury Design and Build Ltd had been employed to build an extension at a property in Blackburn Avenue.

The firm’s owner Paul Astbury dug a foundation trench to the left of the house but it was far too close to, and the same depth as, the foundations of the neighbouring semi-detached house.

On the night of 23 February 2012, the night after the trench was dug, part of the house, an upstairs bedroom and integral garage collapsed.

Around a third to a half of the property had to be demolished, but the house has since been re-built. Fortunately, the tenants were not at home, and there were no injuries.

A Health and Safety Executive (HSE) investigation found Astbury Design and Build Ltd had failed to notify the owner of the next door property of the intention to dig the trench, or how he would be doing it, as required under Party Wall Notification laws.

The neighbour had already appointed a party wall consultant regarding the ongoing works as there were negotiations about shared guttering and the fact the party wall blocked an existing window in the garage. The consultant had warned Mr Astbury not to undermine the foundations.

Astbury Design and Build Ltd, of Bushbury Road, Wolverhampton, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was today fined £7,500 and ordered to pay costs of £4,500.

Speaking after the hearing HSE inspector Gareth Langston said:

“This was a serious incident that could have easily been prevented had Astbury Design and Build Ltd followed the recognised procedure relating to party walls and detailed the work to the neighbour’s consultant. The consultant would have realised the implications and stopped him. Even so, Mr Astbury is an experienced builder and should have known better in the first place.

“The trench should have been dug in metre-long sections, pouring in concrete and waiting until it had set before digging the next section. This would have underpinned and supported the wall of the neighbouring house.

“It was extremely fortunate that the occupants were out of the house at the time of the collapse. This could so easily have had much more serious consequences.”

Firms fined after worker loses finger in unguarded machinery

A tin can factory worker had his ring finger ripped off by unguarded machinery while feeding metal sheets onto a conveyor, a court has heard.

Brian Allen, 53, of Aberffrwd, Tredegar, has suffered continuing pain and discomfort and is unable to grip properly with one hand since the incident at Ardagh Metal Packaging at Dragon Parc, Abercanaid, Merthyr Tydfil, on 25 January 2011.

Both his employer and the company that supplied the machinery, Crabtree of Gateshead, appeared before Merthyr Tydfil Magistrates in proceedings brought by the Health and Safety Executive (HSE).

The court heard that Mr Allen was feeding the metal sheets into the conveyor of a coating machine when his wedding ring got caught and his finger was severed.

An HSE investigation found that Crabtree had designed the machine with an automatic feeder and not intended it to be fed by hand. Their risk assessment had not foreseen hand feeding and identified the conveyor area as medium rather than high risk. As a result they supplied the machine without a suitable guard which allowed Mr Allen to access dangerous moving parts.

Ardagh failed to identify the risks to workers from the unguarded conveyor, and an Improvement Notice was served requiring the company to make the machine safe.

Ardagh Metal Packaging (UK) Ltd, of Salhouse Road, Norwich, was fined £10,000 and ordered to pay £11,754 in costs after pleading guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998.

Crabtree of Gateshead Ltd, of the Team Valley Trading Estate, Gateshead, was fined £3,000 with costs of £14,570 after pleading guilty breaching of Regulation 11(1) of the Supply of Machinery (Safety) Regulations 1992.

HSE Inspector Paul Cartwright, speaking after the hearing, said:

"Brian Allen sustained a painful injury as a result of an incident that was entirely avoidable.

"Risk assessments by Crabtree identified that the conveyor could cause injury and a warning was included in the operating manual, but they nonetheless supplied the machine without adequate guarding.

"Ardagh, meanwhile, failed to identify the risk despite the practice of hand feeding sheets into the conveyor being well known to operators.

"This case demonstrates the need for employers to carry out their own assessment of the risks posed by machinery, based on the circumstances in which the equipment will be used. It is not sufficient to assume that is safe as soon as it is purchased.

"Involving workers in the risk assessment process is crucial. Had the employees been consulted by either company it would have been apparent that hand feeding of sheets onto the conveyor took place. This would have alerted Ardagh and Crabtree to the need for adequate guarding, which has now been installed."

School fined after pupil's climbing wall injury

An Essex high school has been fined for safety failings after a 14-year-old boy fell more than four metres from a climbing wall.

The climbing wall at Manningtree High School

 

The teenager was one of four pupils selected to try their first-ever 'lead climb', a more advanced, mainly rock-climbing technique, during a PE lesson at Manningtree High School on 17 October 2012.

He had managed to clip on to three points as he ascended the climbing wall but struggled with the fourth. A fellow pupil, similarly inexperienced, had been told to 'belay' the rope for the boy, keeping it taut or feeding more as necessary. After the climber grew tired, the instructor told him to let go of the climbing wall, which he did.

However, instead of being supported by the belay technique, he fell unrestrained over four metres and hit the safety mat on the floor. The pupil, now 15, suffered a fractured heel bone, which was later pinned and plated.

The incident was investigated by the Health and Safety Executive (HSE), which prosecuted Manningtree High School at Colchester Magistrates' Court.

HSE found that prior to the lesson none of the four pupils were aware what lead-climbing was or the risks involved and none had been properly trained or prepared for the more advanced type of climbing that was being attempted.

In addition the school failed to have an adequate safety management system in place for lead-climbing, and the instructor was not competent to teach or supervise lead-climbing.

Manningtree High School, of Colchester Road, Manningtree, was fined £9,000 and ordered to pay £1,641 in costs after pleading guilty of breaching Section 3(1) of the Health and Safety at Work etc Act 1974 for failing to adequately protect the pupils against the risk of falls.

After the hearing, HSE inspector Glyn Davies said:

"A teenage boy sustained a totally preventable injury that required an operation, saw him on crutches for more than 14 weeks, and from which he is still recovering.

"Inexperienced pupils receiving climbing instruction during PE lessons are completely reliant for their safety on the competence of their climbing instructor and the adequacy of the school's safety management system.

"Unfortunately in this case pupils were let down by Manningtree High School's failure to ensure the climbing activity was carried out safely and sadly this resulted in one pupil getting hurt."

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.

Firm fined for London skylight fall

A Midlands firm specialising in the installation of solar panels has been fined for safety failings after a worker sustained life-threatening injuries when he fell through a fragile skylight at a north London warehouse.

Skylight at a north London warehouse 

Brian Dolan, 58, from Warwick, fractured his skull in two places, broke five vertebrae and three ribs, and suffered hearing impairment in the incident at Blundell Street in Islington on 1 March 2012.

He was hospitalised for more than a fortnight and was unable to work for seven months. Westminster Magistrates’ Court heard that self-employed labourer Mr Dolan was working for Rugby-based Grenergy Solar Ltd to help install 342 solar panels on the roofs of two warehouse buildings.

His fall occurred on the second day of the work when he plunged almost five metres to the concrete floor below. A pallet of flour in the warehouse partly broke his fall, but not enough to prevent serious injury.

Precisely how he fell is unclear, but a subsequent investigation by the Health and Safety Executive (HSE) identified that irrespective of what happened there were no measures in place to prevent or mitigate a fall, such as safety netting beneath the skylights.

Magistrates were told that had the work been properly assessed, with appropriate safety measures taken, then the incident could have been avoided.

Grenergy Solar Ltd, on Main Street, Thurlaston, Rugby, Warwickshire, was fined a total of £12,000 and ordered to pay £9,041 in costs after pleading guilty to two separate breaches of the Health and Safety at Work etc. Act 1974.

After the hearing HSE Inspector Paul Hems said:

“You would expect a company like Grenergy Solar Ltd that specialises in roof installations to be fully aware of the risks posed by working at height on, with or near fragile surfaces, and to take the appropriate safety precautions.

“Yet that clearly didn’t happen here, and Mr Dolan could easily have paid with his life as a result. The District Judge commented, in relation to the system of work proposed but never actually implemented by the company, that it was a ‘defective process and implementation of it was defective’.

“Mr Dolan suffered terrible injury in a wholly preventable yet depressingly frequent incident, and it is imperative that effective measures are put in place at all times to prevent or mitigate falls.”

Care home provider fined after dangerous gas work put lives of elderly residents at risk

A Dumfries and Galloway care home provider has been fined for allowing unqualified handymen to illegally install two gas boilers at the premises in Sanquhar.

The "shoddy and dangerous" gas work later led to the emergency evacuation of frail residents of the Queensberry Care Home and an investigation by the Health and Safety Executive (HSE).

At Dumfries and Galloway Sheriff Court, Harveys Healthcare Ltd was fined £55,000 after pleading guilty to a breach of Regulation 4 of the Gas Safety (Installation and Use) Regulations 1998 and Section 3(1) of the Health and Safety at Work Act etc 1974.

Harveys Healthcare Ltd, of Laurie’s Wynd, Sanquhar, admitted failing to ensure that the men they employed to replace the central heating boiler were qualified and registered with the Gas Safe Register.

The court was told that on the morning of 3 February 2010 a strong smell of gas was detected from the boiler room of the home and, following advice from Transco, the affected unit – caring for nine elderly and infirm residents – was evacuated. A gas engineer issued an ‘immediately dangerous’ certificate, capped the gas supply to the boiler room and expressed concerns about the authenticity and validity of gas safety certificates supposedly relating to the installation of the two boilers.

HSE discovered that the "Gas Safe" registered heating engineer whose name appeared on the gas safety certificates had no knowledge of the work in the premises. The certificates also contained inaccuracies relating to the engineer’s postcode and registration numbers.

The investigation also discovered that the handyman Abdul Kareem who is believed to have carried out the work has never been registered with the Gas Safe Register or its predecessor, CORGI. In addition, it was found that excessive amounts of paste had been added to pipe joints, probably in an attempt to prevent gas leaking. A forensic expert who examined sections of the pipework concluded that this was completely unacceptable, would only ever have stopped the escape of gas on a temporary basis and clearly demonstrated incompetence on the part of the person who had assembled the joint.

Following the case, HSE Principal Inspector Jim Young, said:

"Care homes house very vulnerable people and the failure by Harveys Healthcare Ltd to ensure that people employed by them were suitably qualified and registered to carry out work with gas systems is particularly worrying.
"The company failed in its duty of care toward a group of elderly and infirm residents and displayed a cavalier attitude toward their safety.

"Although thankfully nobody was injured, the work carried out by Abdul Kareem was extremely shoddy and resulted in an extremely dangerous and potentially fatal situation."

Russell Kramer, chief executive of Gas Safe Register, said:

"In the right hands gas is safe but gas work should only ever be undertaken by a suitably qualified and competent Gas Safe registered engineer

Worker's arm injuries lead to fine for demolition company

A Birmingham demolition and excavation company has been fined after a worker suffered serious arm injuries when he became trapped in an unguarded crushing machine.

The 33-year-old plant operator at Coleman and Company's site in Meriden, Warwickshire, was hurt when his right arm was drawn in between the rollers and conveyor belt.

The worker, from West Bromwich, suffered fractures to his right arm along with wrist injuries and bruising. He later needed several skin grafts in hospital and has yet to return to work.

Solihull Magistrates' Court heard that without the swift reaction of his colleagues, who ran to his aid to stop the machine, the injured worker could have lost his life.

The incident, on 8 November 2012, at the company's site in Cornetts End Lane, was investigated by Health and Safety Executive (HSE), which prosecuted Coleman and Company for two separate breaches of safety legislation.

HSE found the incident could have been prevented had the company noticed that the machine's fixed guards had been either removed or lost, and had taken steps to replace them.

Coleman and Company Ltd of Shady Lane, Great Barr, Birmingham, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and section 11(1) of The Provision and Use of Work Equipment Regulations 1998 and was fined £3,500 and ordered to pay £1,114 in costs.
Speaking after the hearing, HSE inspector Karl Raw said:

"This was an avoidable incident involving a dangerous piece of equipment which is designed to crush concrete. As such, the consequences of a person coming into contact with moving parts of the machine can be severe.

"The worker involved was very fortunate not to have suffered even more serious injuries.

"Coleman and Company exposed workers to serious risk by failing to ensure that the workers were protected from dangerous moving parts of the machine by suitable guarding mechanisms. In addition, the company should have had a system of monitoring in place to identify if guards were missing, defective or inadequate."