Worker suffers life changing injuries after being hit by falling machinery

A Hereford company that produces nickel alloys has been fined after an employee suffered life-threatening injuries when he was crushed and burned by falling machinery.

37-year-old foundryman Stephen Bond-Lewis, of Hereford, was removing waste material from a metal casting machine at Special Metals Wiggin Ltd when part of it became detached, fell forward and pinned him against a nearby storage bin. The falling machinery weighed 964 kilogrammes and had a temperature of between 100 and 250°C.

A second employee, Craig Sheehan, 27, also of Hereford, severed the tip of the ring finger on his left hand in the incident, on 8 May 2009, while trying to free him.

The Health and Safety Executive (HSE) prosecuted Special Metals Wiggin Ltd after an investigation found the method used to remove ingot moulds from the casting machine was unsafe.

Worcester Crown Court heard that it involved using overhead cranes to pull the moulds free, which damaged the bolts and their fixing points. This coupled with the company’s failure to have a proper maintenance programme in place led to the mechanical failure of the machine.

An examination by HSE inspectors of 32 other casting machines in the same part of the factory found faults in every one.

Mr Bond-Lewis suffered severe burns to 25 per cent of his body, namely his abdomen, chest and left arm, half of which were full thickness burns. He required skin grafts, while his crush injuries meant he also had to have part of his bowel removed. He had to go into intensive care and was on life support for 18 hours.

Mr Bond-Lewis, who has two young sons and twin baby daughters, will need medication for the rest of his life and suffers stomach disorders, which restrict the foods he can eat, his physical activities and his social life. He can no longer play sports or the rough and tumble games other fathers can.
He has not been able to return to work since the incident. Mr Sheehan, the other injured worker, was off work for four weeks and has since left.

Special Metals Wiggin Ltd, of Wiggin Works, Holmer Road, Hereford, was fined £120,000 and ordered to pay £55,000 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 Luke Messenger said:

"The company failed to make sure there were suitable safe systems in place for removing moulds from its casting machines. Yanking moulds free with the crane caused damage to bolts and their fixings and directly resulted in the collapse of the machine.

"The fixing bolts on a large number of casting machines were in poor repair, but this had not been spotted or put right because routine maintenance checks were not being carried out.
"We also found that the operators responsible for maintaining the machines had not received training and instructions in the replacement of damaged bolts.

"This was an extremely serious incident and Mr Bond-Lewis is fortunate to be alive today. His injuries were life-changing and he has suffered physically and emotionally. He knows he will never be able to work as a foundryman again – a job that he loved."

Mr Bond-Lewis, who was in the Royal Navy for 12 years before joining Special Metals Wiggin Ltd, said:

"This was the worst thing that could have happened to me. I used to really enjoy sport, particularly football, but I can’t play any more. All of a sudden basic everyday jobs around the house aren’t basic any more. I struggle to mow the lawn and can’t lift anything heavy. Even stretching is difficult.

"Every day is a challenge – you just don’t know what the day will bring - but I have a great deal of support from my family and a good group of friends, and if I’m feeling down all I have to do is look at the children.

"It has taken me a long time to come to terms with what has happened and the impact it’s had on me and the rest of the family, my wife in particular, but I have had a lot of help psychologically and I’m beginning to think about going back to work.

"At the moment I don’t know what that will be as I’ll never be able to do a manual job again, but I’ll just be glad to be back working."

Firms fined for North Devon quarry blast damage

Two companies have been fined after a quarry explosion sent rocks flying 200 metres into the air and onto a public road, causing damage to waiting cars.

The falling blast debris landed well outside of designated danger zone during the incident at Brayford Quarry in Brayford on 24 February 2011, and narrowly avoided striking a workman who had halted traffic whilst the blasting took place.

Frome-based WCD Sleeman and Sons Ltd, who organised the blast, and quarry operator Hanson Quarry Products Europe Ltd were both prosecuted yesterday (24 July) after an investigation by the Health and Safety Executive (HSE) identified serious control failings.

Barnstaple Magistrates' Court heard that two cars waiting in the queue on a nearby public road, were hit by flying rock, which dented the bonnet of one and a smashed the windscreen of the other.

HSE inspectors discovered an 8.5kg piece of rock on the other side of the road. Six other smaller pieces of rock were also recovered from the road.

A workman acting as a sentry on the road to manage traffic during the blasting heard the rocks coming through the trees and covered his head with his stop-go board and took cover next to a large van which was waiting on the road. The driver of the van saw pieces of rock pass over the workman.

WCD Sleeman and Sons Ltd, of Valley View, Vallis Park, Frome, Somerset, was fined £20,000 and ordered to pay £17,000 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974.

Quarry operator Hanson Quarry Products Europe Ltd of Castle Hill, Maidenhead, Berkshire, was fined £20,000 with £14,000 costs after pleading guilty to single a breach of the Quarries Regulations 1999.

Speaking after the hearing, HSE Inspector of Quarries, Mike Tetley, said:

"This was a very serious incident that could easily have led to death or serious injury.

"Blasting operations at quarries are inherently high risk, and these risks must be rigorously controlled by good explosives engineering practice and in accordance with legal requirements.

"Where contractors are involved it is important that appropriate levels of communication and co-operation are in place. It is totally unacceptable for both members of the public and employees to be put at serious risk of being hit by rocks, as happened here in an entirely preventable incident.

"I hope this case sends a clear message to the industry that proper planning and control is required at all times."

Quarrying remains one of the most dangerous industries to work in with 3,250 injuries, including 27 fatalities, reported to HSE since 2000.

Engineering company fined after worker is seriously injured

A West Lothian engineering firm has been sentenced for safety failings after an employee suffered life-threatening injuries when he was hit by a 400kg metal ring being propelled toward him under high pressure.

Kenneth Hunter, 33, a local man, was working at Oil States Klaper Ltd at its premises in Whitburn Road, Bathgate when the incident happened on 25 May 2011.

Livingston Sheriff Court was told that Mr Hunter was working on an annular, a type of blow out prevention (BOP) device used in the oil and gas industry to prevent pressure encountered during oil well drilling from breaching oil rig platforms.

The Health and Safety Executive (HSE), which investigated, said Mr Hunter stood on the BOP some two and a half metres above the ground in order to tighten jacking bolts. As he did, there was a loud bang and a locking ring weighing 400kg shot up with force, hitting him in the face and upper body and throwing him into the air. Mr Hunter landed on the floor and the ring fell on top of his legs.

He was taken to hospital with life threatening injuries both to his face and chest. He underwent surgery to repair severe fractures to his face and collarbone. Mr Hunter has been left with permanent scarring to his face and was only able to return to work with the company in early 2013.

HSE's investigation revealed that Oil States Klaper Ltd had failed to provide an adequate safe system of work for the removal of the locking rings or ensure suitable measures were taken to prevent or control articles being ejected. The firm had also failed to ensure workers were adequately supervised while carrying out pressure testing.

The court heard that the company had failed to fully heed previous written advice from a number of HM Inspectors and Specialist HSE Inspectors regarding the hazardous nature of pressure testing.

Oil States Klaper Ltd of Birniehill, Whitburn Road, Bathgate, West Lothian, was fined £40,000 after pleading guilty to breaching Section 2 of the Health and Safety at Work etc Act 1974.

Following the case, HSE Inspector Kerry Cringan said:

"This was an entirely preventable accident which could have been avoided had simple controls been in place. There was the potential for this failure to result in fatal or serious injuries not only to the person working on the annular, but also to employees in the surrounding area.

"Oil States Klaper Ltd failed to plan the work to ensure that there was no pressure in vessels before removing any parts of those vessels. In addition, they did not take suitable precautions to keep people away from vessels under pressure, or to contain parts that could be ejected if the pressure released.

"Mr Hunter sustained terrible injuries that have continued to have an impact on his life. Companies cannot afford to become complacent when dealing with high risk activities like pressure testing. They should regularly review their systems to ensure that all test pressures liable to cause injury are suitably safeguarded."

Surrey breaker company fined for skip fire failings

A Surrey breaker company has been fined after a teenage worker was badly burned when a skip fire exploded.

The injured worker, who was just 15 at the time, was engulfed by a fireball as he used petrol as an accelerant to burn scrap car parts, suffering serious burns to his face, neck, chest and arms. The injuries covered almost a quarter of his body.

A second worker, also a teenager, sustained minor flash burns in the incident at a site belonging to Grublogger Ltd at Brookside Farm in Salfords, near Redhill, on 24 March 2012.

The Tadworth-based company, which specialises in the trade of used Jaguar spares, was prosecuted by the Health and Safety Executive (HSE) after an investigation identified serious concerns with systems and methods of work.

Redhill Magistrates’ Court heard that both injured workers, neither of whom want to be named, were amongst a number of teens employed by the firm to strip down old Jaguar cars and salvage parts to sell on as spares.

Grublogger rented a unit at Brookside Farm and had access to a skip that the site landlord allowed to be used as a makeshift waste incinerator by tenants.

On the day of the fire the injured workers had been instructed to burn unwanted parts in the skip using petrol that had been siphoned off from old cars.

HSE established that they did so with the blessing of the Grublogger managing director, who authorised the practice and who regularly sanctioned this means of disposal.

The seriously burned worker had removed his t-shirt before the fireball erupted because it was a hot day. He was treated at the specialist burns unit at Broomfield Hospital in Chelmsford before being released with a warning that his damaged skin would be extremely vulnerable to further harm from the sun that summer.

The court was told it was completely unnecessary to burn the unwanted parts in the skip, and that the workers had received no formal training or instruction. They had been left to their own devices, and opted for a method that posed a clear risk.

HSE inspectors also identified failings with the storage and control of petrol and sources of ignition in the company’s workshop at the industrial site.

Grublogger Ltd, of Brighton Road, Lower Kingswood, Tadworth, was fined a total of £23,000 and ordered to pay £5,113 in costs after pleading guilty to single breaches of the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999.

After the hearing HSE Inspector Andrew McGill commented:

"This was a wholly preventable incident arising from a clearly dangerous practice that should never have been allowed.

"Young people need careful management and proper supervision in the workplace, with the onus on dutyholders to provide additional protection because they inherently lack experience and maturity. The training, instruction and supervision in this case were clearly inadequate in this regard.

"There was no need to use the skip as an incinerator, and if burning waste was the preferred method of disposal then it should have been done properly, using the proper equipment and with proper management and control measures."

Housebuilder prosecuted for failing to fence off construction site

A South Wales housebuilder has been given a two year conditional discharge for repeatedly ignoring warnings to fence off a potentially dangerous construction site.

Caerphilly Magistrates' Court heard that Stuart Daniels, trading as S&R Builders, failed to fence off the site at the Black Prince pub, on the B4251 road at Ynysddu, near Caerphilly, between 9 November 2012 and 9 January 2013, despite being advised to do so by the Health and Safety Executive (HSE).

HSE first inspected the site on 22 October 2012 and found the site posed a risk because there was open access and excavation work had already started. Stuart Daniel was given verbal advice to fence the site.

HSE carried out a second inspection on 9 November and found that the excavations were even more extensive, yet still the site was unfenced. Mr Daniels received written guidance to restrict access, but a further visit on 14 December revealed that nothing had changed, despite the fact that the excavations were now approximately 3.5 metres deep and represented a significant fall risk.

At a fourth inspection on 9 January 2013 some fencing has been erected, but it was inadequate and the site was still easy to access through a driveway.

Stuart Daniels, trading as S&R Builders, of Lawn Terrace, Crumlin, Caerphilly, was sentenced to a two year conditional discharge, ordered to pay £859.85 in costs and a victim surcharge of £15 after pleading guilty to a single breach of the Construction (Design & Management) Regulations 2007.

After the hearing, HSE Inspector David Kirkpatrick said:

"There is a clear legal requirement to adequately fence off construction sites that pose safety risks for inquisitive children, vulnerable people and others. This site posed a risk to the general public and Stuart Daniels was given advice to fence it off shortly after the first inspection, yet he chose to ignore that advice.

"Fatalities have occurred in the past when people have entered inadequately fenced construction sites. With the school holidays underway, this prosecution serves as a timely reminder to others to ensure they prevent such sites from becoming dangerous playgrounds for children."

Hereford building firm fined for employee roof fall

A Hereford construction firm has been fined for safety failings after an employee fractured his back when he fell more than three metres through a roof.

The 49 year-old, from Hereford, who has asked not to be named, had been working to convert a garage into a garden room at a home in Westhide, Hereford when the incident occurred on 24 May last year.

Nunnington-based S C Joseph, was prosecuted by the Health and Safety Executive (HSE) after an investigation found the firm had failed to ensure suitable measures were in place to prevent or mitigate a fall.

Herefordshire Magistrates' Court heard the employee had been working on the roof to install two roof lights. He stepped onto a roofing batten that he had placed across a metre square hole cut for one of the lights by his colleagues. It gave way and he fell some 3.5 metres onto the concrete floor below, fracturing his vertebrae. He was off work for eight weeks.

The court was told the company should have put safety measures in place below the open holes in the roof, such as a platform or a birdcage scaffold that would have allowed work from below.

S C Joseph, of Sandalwood, Nunnington, Hereford, pleaded guilty to a single breach of the Work at Height Regulations 2005. The company was fined a total of £4,000 and ordered to pay £1,516 in prosecution costs.

Speaking after the hearing, HSE Inspector Keiron Jones said:

"Falls from height are the biggest cause of workplace deaths and injuries, yet with some simple measures they can easily be prevented.

"S C Joseph should have carried out a proper assessment of the risks and then controlled them so that the work could be carried out safely. Had there,nfor example, been a platform beneath the roof opening then the worker could have avoided the serious back injury he sustained."

Tradesman jailed for illegal Milton Keynes gas work

A Buckinghamshire tradesman has been jailed for nine months for illegally carrying out sub-standard gas work at a Milton Keynes home.

Chris Johnson, of Milton Keynes, installed a boiler at a property on Armourer Drive that was dangerously defective because it was not properly connected to a flue.

The heating fitter was prosecuted by the Health and Safety Executive (HSE) after undertaking the installation without being accredited to the Gas Safe Register - a legal requirement for anyone undertaking gas work of this nature.

Amersham Crown Court heard that concerns were raised about the quality of Mr Johnson's work when the householder returned home from work in July to find the boiler wasn't working.
 
Gas Safe and HSE inspectors subsequently visited the property on 20 July 2012 and identified a fault with the flue connection, classing the boiler as unsafe.

The court was told that carbon monoxide fumes could have seeped into the home instead of escaping through the flue, and that this could have had devastating consequences.

An investigation established that Mr Johnson was not registered with Gas Safe and had worked illegally as well as unsafely.

Chris Johnson, of Bogart Place, Oxley Park, Milton Keynes, received full, concurrent custodial sentences of nine, eight, six and six months after pleading guilty to a breach of Section 3(1) of the Health and Safety at Work etc Act 1974 and three separate breaches of the Gas Safety (Installation and Use) Regulations 1998. He was also ordered to pay in £2,480 in compensation to the householder.

After the hearing, HSE inspector Graham Tompkins said:

"Chris Johnson installed a gas boiler and gas pipework knowing he was not competent or legally allowed to do so.

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

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

Russell Kramer chief executive of Gas Safe Register, added:

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

Skip company fined for storage failings

A London skip company has been fined for dangerous working practices and other failings arising from its storage of skips at a Park Royal goods yard.

Simpson Eco Skips Ltd was prosecuted by the Health and Safety Executive after an inspection of the depot on 19 July 2011 identified a number of serious issues.

Westminster Magistrates’ Court heard that on arrival at the Western Road site, HSE inspectors witnessed a worker descending a stack of skips some ten metres high with nothing to prevent or mitigate a fall, having initially climbed up - unseen - to attach a crane hook to a shackle.

A second worker then clambered up and down a smaller stack just a few metres away, also seemingly unaware of, or disregarding, the consequences had he slipped.

HSE established that the clearly-dangerous practice was indicative of poor management and a lack of competence and training.

Simpson Eco Skips also failed to produce a valid certificate for the crane in use at the time to confirm it had been properly examined and was in good working order – as is required by law.

Inspectors served a total of five Improvement Notices requiring changes to be made, all of which were subsequently complied with.

Simpson Eco Skips Ltd, registered to Neasden Goods Yard, Neasden Lane, NW10, was fined a total of £30,000 and ordered to pay £1,260 in costs after pleading guilty to single breaches of the Health and Safety at Work etc Act 1974 and the Lifting Operations and Lifting Equipment Regulations 1998.

After the hearing HSE Inspector Neil Fry commented:

"Standards for controlling risks arising from working at height, as well as the general management of health and safety, can be pretty poor in the skip hire sector of the waste industry – as was clearly the case at Simpson Eco Skips.

"The failings we uncovered were for technical breaches, but workers could have been seriously hurt or possibly even killed as a consequence of the dangerous practices and lack of safety awareness and provisions.

"The onus is on dutyholders to take proactive steps to protect and safeguard their workforce and others before an incident occurs."

Company fined after worker suffered broken neck

A Shropshire steel engineering company has been fined after a worker got the sleeve of his overalls caught in an unguarded drill bit, causing serious neck and arm injuries.

Shrewsbury Magistrates' Court was told that CRF (UK) Ltd failed to take effective measures to prevent access to dangerous moving parts of the equipment at its premises on Soulton Road, Wem, on 6 December 2011.
The incident was investigated by the Health and Safety Executive (HSE), which prosecuted CRF (UK) Ltd for serious safety failings.

The court heard that the 39-year-old employee from Shropshire was working with a twin pillar drill when the incident happened. While drilling holes into a metal box section, the sleeve on his overalls became entangled in the running drill spindle, which was unguarded.

He was pulled into the rotating spindle and as it continued to run, his arm and upper body were dragged into the machining area resulting in him being pinned to the machine bed. Unable to reach the stop button, he shouted for help and was eventually freed by a colleague.

The man suffered three fractures in his neck and serious cuts and burns on his right forearm. He was in hospital for seven weeks, went through ten weeks of physiotherapy and was in a neck brace for six months. The left side of his body has been weakened by his injuries.

HSE found CRF (UK) Ltd had not provided any guards to prevent access to the rotating spindles and no formal systems of work were in place. It was left to operator experience and discretion how work should be set up and performed and there were no formal systems of supervision or training.

CRF (UK) Ltd of Soulton Road, Wem, Shropshire, was fined £13,000 and ordered to pay £7,871 in costs after pleading guilty to breaching Regulation 11 of the Provision and Use of Work Equipment Regulations 1998.

Speaking after the hearing, HSE inspector Marie-Louise Riley-Roberts said:
"The risk of contact with rotating drills is a recognised hazard in the engineering industry and is supported by well-documented accident statistics.

"Incidents involving entanglement on rotating drills are easily avoided if manufacturers like CRF (UK) Ltd follow their risk assessments and provide guarding.
"The custom and practice of the company was to rely on experience rather than on the need for guarding with the addition of, supervision and further instruction and training, as necessary. These failings had existed for a considerable amount of time until the practise of using unguarded machines became normal working practice for the employees. The result was that this was an accident waiting to happen and the employee suffered serious injuries.

"This accident could have been prevented by the simple measure of providing guarding to prevent access to the rotating parts.

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

Firm in court for Somerset worker's life-threatening injury

 

A Somerset drinks company has been fined for safety breaches after an employee severed an artery in an unguarded machine on a bottling production line and needed life-saving surgery.

The 52-year-old worker, from Wells, who does not want to be named, was working an evening shift on the line at the Brothers Drinks Co Ltd plant on the Anglo Trading Estate, Shepton Mallet, when the incident happened on 12 July 2012.

The Health and Safety Executive (HSE) investigated and prosecuted the firm at Yeovil Magistrates Court.

The court heard that the employee went to investigate the cause of a stoppage in the depalletiser machine, which takes empty bottles off a conveyor to be filled. Just as he put his hand into the machine, it automatically restarted, catching his clothing and pulling his right arm into the moving parts.

Although he managed to pull his arm free it was badly cut in several places and an artery in his bicep was severed.

The worker needed three operations, one of which was described by the hospital as ‘life and limb saving’ surgery. Although he has since returned to work on other duties he may have to undergo further operations and still suffers pain. He has an increased risk of blood clots and has had counselling for post-traumatic stress.

HSE found that Brothers Drinks Co Ltd had made modifications to the access to the depalletiser sometime before the incident but had failed to install an interlocking device or guard to prevent workers accessing the machinery while it was still active.

The injured man did not usually work at that machine and was covering for a colleague at the time of the incident. He had been given no additional training or information about the machine he was asked to work on.

Brothers Drinks Co Ltd, registered of Newtown, Bradford on Avon, Wiltshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined a total of £10,000 and ordered to pay £12,859 in costs.
HSE Inspector Fiona Coffey, speaking after the hearing, said:

"This entirely preventable incident could have led to the employee’s death and has left him in a great deal of pain.

"Had the equipment been properly risk assessed by Brothers Drinks Co Ltd after the modifications had been made, the absence of an interlock would have been identified.

"The need for proper guarding, training and the use of safe systems of work are vital for all employers to prevent similar incidents. There is plenty of information freely available from the HSE about the practical measures that must be taken to ensure safety."

Manufacturer fined after worker's hand trapped in machine

A Stirling insulation manufacturer has been fined for safety failings after a worker suffered injuries to his hand and arm when it became trapped in an unguarded part of a machine.

Scott Robertson, then aged 28, from Stirling, was working at Superglass Insulation Ltd at its premises on the Thistle Industrial Estate, when the incident happened on 25 November 2010.

Stirling Sheriff Court was told that Mr Robertson was working on a production line where fans drew trimmed edges of mineral wool insulation into ducting and recycled them back into the production process.

On the day of the incident the trimmed edges of wool had become trapped inside the ducting and Mr Robertson became involved in trying to dislodge the blockage.

Two days earlier the company had replaced one of the fans on the production line and re-located both it and the ducting on the floor next to the trimming mill guide roller. It was this section of ducting beneath the conveyor belt that was blocked.

As Mr Robertson crouched under the machine his hi-vis vest became entangled in the conveyor belt and started to pull him head-first towards the roller. He put out his right hand to stop his head and body being drawn into the machine, and it was pulled into the in-running nip in the trimming mill guide roller, trapping it between the conveyor belt and the roller.

Hearing Mr Robertson's screams, colleagues pressed the emergency button to stop the conveyor belt and his arm was freed. He suffered bruising to his right hand and arm and has since made a full recovery.

An investigation by the Health and Safety Executive (HSE) revealed that Superglass Insulation Ltd had not carried out any risk assessment on the area of the production line where Mr Robertson was injured. Such an assessment should have taken place prior to the fan and ducting being relocated there.

In addition, adequate guarding had not been put in place to prevent access to the area of the conveyor belt and roller and the area underneath.

The court also heard that although the company had previously identified the need to undertake a risk assessment for guarding the production lines, this had not happened.

Superglass Insulation Ltd, Thistle Industrial Estate, Kerse Road, Stirling, was fined £20,000 after pleading guilty to breaching Section 2 of the Health and Safety at Work etc Act 1974.

Following the case, HSE Inspector Michelle Gillies said:

"This incident was entirely foreseeable and preventable. It would have been prevented by a proper risk assessment and the installation of adequate guarding. Guarding is essential to prevent fingers, hands and limbs from being drawn into the nip joint and this kind of hazard is well known and acknowledged in the design and operation of industrial machinery.

"Guarding should have been provided prior to re-routing the ducting as there was a clear risk of an operator being pulled, either by a limb or by their clothing, into the conveyor belt and roller."

Company and director fined for Baglan site failings

A Lancashire housebuilder and its sole director have been fined for safety failings following two serious incidents at a new-build development in South Wales.

In the first incident, on 9 August 2011, self-employed bricklayer Daniel King, then aged 22, of Loughor, West Wales, injured his back and left foot when he fell almost four metres from a poorly constructed scaffold that was overloaded and posed a clear fall risk.

Six months later, in March 2012, a contractor was spotted working at height in the elevated bucket of an excavator in clear view of the company director.
Both incidents occurred at the same plot within a site at Cae Canol, Baglan, near Port Talbot, where Blackburn-based Paddle Ltd has been building new homes as part of a phased development over several years.

The company and its director, Derek Hugh Barnes, were prosecuted after an investigation by the Health and Safety Executive (HSE) identified a blatant disregard for worker safety.

Swansea Crown Court heard that the scaffold that Mr King fell from was in very poor condition and was missing vital guard rails, toe boards and other fall protection measures.

HSE inspectors checked the structure three days after the fall, once the bricklayer had reported the incident, and found it was also being used to take loads of bricks and blocks that it was simply not fit to carry. There was no evidence to suggest that it had been designed, erected and inspected by a competent person - as the law requires. Nor was there evidence that measures had been put in place to reduce the risk of a fall inwards into the building under construction.

In relation to the second incident, the court was told that Derek Barnes was fully aware that a worker for his company was using an excavator bucket to work at height.

The dangerous practice was witnessed by a concerned householder who photographed and reported the activity to HSE. Mr Barnes was captured watching nearby, and had clearly consented to the machine being misused in this way.

The judge heard that Paddle Ltd has a lengthy history of HSE enforcement action and has been served with a number of Prohibition Notices for unsafe work at height. The company was also prosecuted by HSE in April 2010 at Bridgend Magistrates Court relating to failings at a site in St Athan.

Paddle Ltd, of Old Hall Lane, Pleasington, Blackburn, was fined a total of £56,000 and ordered to pay £11,000 in costs after pleading guilty to single breaches of the Work at Height Regulations 2005 and the Health and Safety at Work etc. Act 1974.

Derek Hugh Barnes, of the same address, was sentenced to eight months imprisonment suspended for two years, disqualified from acting as a company director of three years and fined £32,000 with £11,000 costs for pleading guilty to breaching Section 37 of the Health and Safety at Work etc. Act 1974.
After the hearing HSE Inspector Phil Nicolle said:

"Paddle Ltd and Derek Barnes have, over the years, shown a blatant disregard for health and safety management on their construction sites, as was clearly evident when we investigated the Baglan incidents.

"Worker safety was clearly compromised on both occasions and the failings we identified are textbook examples of why falls from height remain such a common problem in the construction industry.

"Companies and directors have clear duties of care and safety responsibilities, and it is vital they properly assess, manage and supervise all work activity to mitigate risks at all times."

Leisure centre operator sentenced after child drowning

The operator of an Essex leisure centre has been ordered to pay more than £190,000 in fines and costs after a seven year-old girl drowned in a swimming pool.

Michelle Gellard, from East London, died after she went swimming with a number of other children at the Blackwater Leisure Centre in Maldon on 14 June 2008 after attending a judo competition.

Bedfordshire-based Leisure Connection Ltd, which operates the pool, was prosecuted by the Health and Safety Executive (HSE) after an investigation into the death identified serious failings with lifeguard cover.
Chelmsford Crown Court heard there were two lifeguards on poolside duty on the day, increasing to three lifeguards when members of the public found Michelle at the bottom of the pool's deep end.

One of the lifeguards retrieved Michelle from the water with the assistance of another swimmer. Sadly, despite resuscitation attempts, she was later pronounced dead at Colchester General Hospital.

The HSE investigation concluded that Leisure Connection Ltd failed over a period of time to ensure that sufficient, suitably positioned lifeguards were always on poolside duty to ensure the safety of pool users.

The court was told the company had failed to identify that this leisure centre was not compliant with its own procedures, and that the procedures in place at the site were inadequate.

Leisure Connection Ltd, of Potton House, Wyboston Lakes, Great North Road, Wyboston, Bedfordshire, was fined £90,000 with costs of £101,663 after admitting breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
After the hearing, HSE inspector Antonina Drury said:

"This tragic and untimely death should never have happened.

"Members of the public visiting leisure centre swimming pools have an entitlement to expect that the operator paid to run them will deploy and train its staff so as to provide sufficient numbers of life guards in the right places so as to operate the pool safely.

"In this case, Michelle Gellard was robbed of her chances of rescue and survival by Leisure Connection's failures.

"Evidence emerged in the course on the investigation that Leisure Connection failed to identify and address the fact that the amount of life guarding it was paying its staff to provide at Blackwater Leisure Centre was noticeably less than the amount it knew was required for full and safe operation of the pool."

Brewery fined after worker loses two fingers

A Dorset brewery has been prosecuted for safety breaches after an employee lost two fingers in unguarded machinery.

The 32 year-old worker, who does not wish to be named, was trying to clear a blockage in a grain dust extractor at the Hall and Woodhouse brewery in Blandford during a night shift on 27 August 2012.

He reached into the chute of the extractor to dislodge the build-up, but his right hand made contact with the rotary valve, which was still running. His middle and index fingers were severed.

He has had to five operations and was only recently able to return to work full time.

The incident was investigated by the Health and Safety Executive (HSE) which prosecuted Hall & Woodhouse Ltd at Bournemouth Magistrates' Court for a breach of safety legislation.

The court was told that the company had re-located the grain dust extractor from its old brewhouse, where it had been outside the building. In its new location, the operatives had been tasked with emptying it when necessary.
HSE found Hall and Woodhouse had failed to identify the risks associated with the grain dust extractor in its new location. It was foreseeable that employees would try to deal with a blockage if one occurred and an alternative system should have been provided to prevent access by workers to dangerous moving parts.

Hall & Woodhouse Ltd. of The Brewery, Blandford St Mary, Dorset, was fined £6,000 and ordered to pay £10,000 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

Speaking after the hearing, HSE Inspector Fiona Coffey said:

"An employee has suffered painful and needless injuries because of the failure by Hall & Woodhouse Ltd. to put simple safety measures in place.

"This was an incident that could have easily been prevented by carrying out a suitable assessment of the risks presented by the new location of the extractor. This would have identified the need for guarding to prevent access to the dangerous rotary valve within the chute.

"The company should also have provided employees with information and instruction on how they wished potential blockages within the extractor to be dealt with. In the absence of these measures, an employee has suffered a serious injury."

Food firm's failure highlights machinery dangers

A Hull bakery has been fined for safety breaches after a worker lost the tip of a finger while using a poorly-guarded machine.

The 22-year-old agency worker was clearing a blockage of dough when his finger came into contact with a moving part of the machine that rounds the mixture into balls.

The machine sliced off the top of his right middle finger and he later had to have the part between the tip and first joint amputated. The man, who does not wish to be named, was unable to work for three months, but has since returned to Livwell Ltd's bakery in Main Street, Hull, as a permanent employee.

The Health and Safety Executive (HSE) investigated the incident on 24 May 2011 and prosecuted the company at Hull Magistrates for failing to prevent access by workers to dangerous moving parts of machinery.

The court was told that the dough machine had a gap between the bottom of a hinged guard and the top of the conveyor belt where the dough was discharged by the rounding mechanism. The man's finger had gone into the gap as he attempted to clear a blockage.

HSE found that the company's own risk assessment had identified that contact with moving machinery was a hazard. However, no additional guarding had been identified or provided.

Livwell Ltd, registered at City Road, London, EC1, was fined £9,000 and ordered to pay £18,318 in costs after pleading guilty to a breach of the Provision and Use of Work Equipment Regulations 1998.

After the hearing, HSE inspector Dr Nicholas Tosney said:

"This incident was wholly avoidable. The hazards were identified but effective measures were not taken by the company to prevent access to all the dangerous parts of the machine.

"The simple addition of a tunnel guard to this machine - which the company has now installed - could have saved a young man having to suffer the amputation of part of his finger.

"All employers have a duty to ensure that machinery is guarded properly to ensure that their employees are not put at risk of injury."

Employee suffers debilitating injuries at Ebbw Vale recycling plant

Two businesses have been prosecuted for safety failings after an employee's hand was caught in a saw, resulting in debilitating injuries.

In a prosecution brought by the Health and Safety Executive (HSE), Caerphilly Magistrates' Court heard that the 33 year-old man from Nantyglo was operating a saw to cut lengths of lead into smaller, more manageable pieces at the Jamestown Industries lead recycling plant in Ebbw Vale on 21 February 2012.
 
The court heard that the man, an employee of Hertfordshire-based Envirowales (the company responsible for the day-to-day running of Jamestown Industries), who does not wish to be named, tried to dislodge a piece of lead which had become jammed, believing the saw blade was fully retracted and out of reach.
 
However, his right hand made contact with the blade, severing his third finger. He was taken to Morriston hospital, where he had his finger amputated above the second knuckle. The saw had also gone through the tendons and artery of his middle finger.
 
The employee returned to work four months after the incident but has difficulty picking up small items and his grip is poor. He also experiences aches and constant pins and needles in his hand.

An HSE investigation found that the employee was not supervised at the time of the incident and there was no experienced operator working with him. Training had been undertaken but it was not adequate to ensure that all employees understood the risks in place when the saw was retracted, or the procedure for removing material that had become jammed in the saw.
 
Neither Envirowales Ltd nor Jamestown Industries Ltd provided the necessary measures to prevent access to the dangerous parts of the saw. The guarding on the saw was not effective and the companies failed to inform employees of the risks from the saw when retracted. They also failed to supervise inexperienced employees and ensure that the injured employee had understood every aspect of the operation.
 
Envirowales Ltd of Victoria Street, St Albans, and Jamestown Industries Ltd of Stocks Lane, Barnsley, South Yorkshire, both pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. The companies were fined £4,000 in total and ordered to pay costs of £8,600 - both to be split equally between Envirowales and Jamestown.

Speaking after the hearing, HSE Inspector Joanne Carter, said:

"This accident was foreseeable and both companies have fallen woefully short of the standard required by law. They both failed in their roles to protect workers by not properly guarding this machine. The injured employee should never have been placed in the position he was, and has suffered a debilitating injury as a result.

"Employers must fully assess the dangers associated with their work and put in place control measures. In this case, the risks associated with saws are well known, and should have been adequately controlled."

Company prosecuted after worker severed three fingers

A specialist piling and foundation company from Doncaster has been fined after a worker severed three fingers while inserting piles at a Lincolnshire building site.

A 27-year-old man from Doncaster, who does not wish to be named, has been left with a permanent injury as a result of the incident at a social housing development in Martin on 6 February 2012.

He was loading a section of casing to be piled when the rig operator lowered the 500kg weight into his right hand before he could remove it. Three fingers were severed almost to the palm and surgeons were unable to reattach them.

His employer, Optima Foundations Ltd, of Edlington, was prosecuted after an investigation by the Health and Safety Executive (HSE) identified safety failings.

Lincolnshire Magistrates' Court heard there was no system of signals or verbal instructions that would indicate that the injured person was in a safe position and ready for the weight to be lowered. The system of work was simply that the rig operator would watch him and judge when it was appropriate to lower the weight.

Optima Foundations Ltd of Broomhouse Lane Industrial Estate, Edlington, Doncaster, was fined a total of £15,000 and ordered to pay a further £8,171 in costs after pleading guilty to single breaches of the Health and Safety at Work etc Act 1974 and the Provision and Use of Work Equipment Regulations 1998.

Speaking after the hearing, HSE inspector Martin Giles said:

"There was no safe system of work for the tasks being undertaken by the injured person. Had the weight been properly positioned for the length of tube being inserted, and had there been a recognised and agreed method of communicating that it was safe to receive the weight, then the incident could have avoided completely and he wouldn't have suffered such life-changing injuries.

"Optima Foundations did not provide the injured person and his supervisor with adequate information, instruction and training, and there were defects in the functioning of the controls of the piling machine."

Developer prosecuted for asbestos failings

A Nottinghamshire property developer who pleaded guilty to exposing employees to asbestos has been given an eight-month suspended prison sentence and been ordered to pay fines and costs of £100,000.

Nottingham Crown Court was told today that James Roger Carlton, also known as Roger Stephen Parry, 64, of South Leverton, near Retford, disregarded the presence of asbestos insulation board at the site of the former King Edward VI School on London Road, Retford.

He knew the potentially dangerous material formed part of the pre-fabricated buildings on the site, but ignored advice on its safe removal.

The Health and Safety Executive (HSE) visited the school, which was being converted into a retirement complex, on 1 March 2012 during a construction safety initiative. An inspector identified the type of building which is known to contain asbestos, and gave Mr Carlton advice on what he needed to do to comply with the relevant legislation surrounding its removal.

Eight days later, on 9 March, a complaint was received by HSE from a member of the public advising that the asbestos was not being removed properly. Mr Carlton, trading as Heathcliff Developments, was told to have surveys carried out and to arrange for the licensed removal of the material.

However, when inspectors re-visited the site on 17 May they found building rubble containing asbestos that had not been properly disposed off in this way. A Prohibition Notice was immediately served to stop all work with, or liable to disturb, the material asbestos and a direction to 'Leave Undisturbed' was imposed on the piles of contaminated rubble.

HSE inspectors made a third unannounced visit on 13 October and found workers in breach of the Prohibition Notice.

They found two workers putting asbestos insulation board into a lockable skip and 'dry sweeping' the dust, which resulted in large clouds of contaminated dust billowing across the site.

Work was again stopped until arrangements were made for safe and proper removal of asbestos materials.

The court heard that although employees had been wearing disposable overalls and face masks, no other controls were in place so not enough was done to protect them from the risk of exposure.

Dust would have contaminated their clothes and there was no water on site to enable decontamination.

The asbestos containing material should have been dampened down and double-bagged in special bags, before being removed by a licensed contractor. High efficiency vacuum cleaners should then have been used to remove smaller pieces of asbestos and dust rather than a broom.

James Roger Carlton, also known as Roger Stephen Parry, of Meeting House Lane, South Leverton, pleaded guilty to single breaches of the Health and Safety at Work etc Act 1974 and Control of Asbestos Regulations 2006, and 10 breaches of the Control of Asbestos Regulations 2012 - 12 charges in total - at an earlier hearing.

He was sentenced to eight months is prison, suspended for two years, for the breach of the Prohibition notice. He was also fined £55,000 and ordered to pay a further £45,000 in costs.

Speaking after the hearing, HSE inspector Kevin Wilson said:

"Mr Carlton showed a willful disregard for the health and safety of his employees and others. Our investigation uncovered a catalogue of serious errors, safety failings and a general ignorance of the laws around the safe and correct removal of asbestos.

"This was an appalling case of failing to properly plan, manage and resource this project which led to workers being exposed to risks to their health from asbestos.

"Workers who have been exposed to asbestos could have posed a health risk to others in the long term, even their families and loved ones, by taking home their contaminated clothing.

"Asbestos is the single greatest cause of work-related deaths in the UK. Building owners and contractors have a duty to ensure they protect their workers from risk of exposure. Mr Carlton failed in that duty by choosing to ignore the dangers of this hidden killer."

Views sought on consolidated asbestos code of practice

The Health and Safety Executive (HSE) has launched a consultation on changes to the content of an Asbestos-related Approved Code of Practice (ACOP) that will consolidate two existing documents.

Following an initial consultation in June 2012, it was agreed by the HSE Board that a number of ACOPs would be revised, consolidated or withdrawn in line with the recommendation by Professor Ragnar Löfstedt in his report 'Reclaiming health and safety for all'.

For the ACOPs dealing with the Control of Asbestos Regulations 2012 (CAR 2012), L127 (The management of asbestos in non-domestic premises) and L143 (Work with materials containing asbestos), the proposal to consolidate the two ACOPs into a single revised ACOP (L143) was approved.

The draft ACOP provides practical guidance on how dutyholders can comply with the requirements of CAR 2012, meet their legal obligations and so reduce the risks of over compliance. Legal responsibilities to protect workers' health and safety are not altered by any changes to ACOPs.

The consolidated draft is now subject to a 12-week consultation ending on 30 September 2013.

Dependent on the outcome of the consultation and ministerial approval, the ACOP will be published by the end of the year.

Firms fined after worker is left paralysed by roof fall

A construction company and a roofing contractor have been fined after a worker was left paralysed from the waist down when he plunged four metres through a hole in a roof at a Swindon building site.

Giovanni Mastrodomenico, 56, from Swindon, fell through a waterproof membrane into the unguarded hole while working at the Marlborough Park development in the town on 31 August 2011.

The Health and Safety Executive prosecuted his employer Tego Roofing Ltd, of Oxford, and Surrey-based principal contractor Wates Construction Ltd for safety failings relating to the incident.

Swindon Magistrates’ Court heard that Mr Mastrodomenico was carrying out metalwork prior to the installation of a vent on the roof of the new apartment block. The hole he plunged through was where the vent was to be placed.
He fell four metres onto a concrete floor below, causing permanent injuries that have left him unable to walk and confined to a wheelchair.

An HSE investigation found that scaffolding under the hole inside the building had been removed because it was obstructing an emergency escape route, and that scaffolding planks had subsequently been placed over the hole instead.
However, these planks were in turn removed to allow workmen to lay a waterproof membrane over the hole in preparation for the vent to be installed. So there was nothing to in place to prevent or mitigate Mr Mastrodomenico’s fall.

The court was told that the risk assessment and method statement for the work was unsuitable and insufficient because it failed to refer to the installation process for the vent.

There was confusion about who the site supervisor was when the incident happened and, although the site manager had seen the roofers working near the hole, he did not stop the work or ensure the scaffolding boards were replaced.

HSE established that Tego Roofing failed to provide adequate supervision or instruction to its employees while working on the roof, and also that workers failed to identify the risk or warn others, including Mr Mastrodomenico, of the hazard created by the removal of the boards covering the hole.

Construction company Wates failed to plan, manage and monitor the work and did not ensure there was a risk assessment in place.

Tego Roofing Ltd, of Monument Business Park, Chalgrove, Oxford, was fined £10,000 and ordered to pay £9,460 in costs after pleading guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007.

Wates Construction Ltd, of Station Approach, Leatherhead, Surrey, was fined £18,000 with costs of £11,127 after also pleading guilty to a separate breach of the same regulations.

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

"Mr Mastrodomenico’s life and that of his family have been completely changed by the management failings on the site. Apart from the pain and suffering he has gone through, his employment opportunities are now restricted and he will never be able to walk again.

"Construction companies and their contractors must have proper plans in place to allow their employees to complete the job safely.

"As principal contractor, Wates failed to plan, manage and monitor the work, and ensure there was a risk assessment in place. Tego also failed in their duty to provide a risk assessment, ensure there was adequate supervision on-site and make sure there was a safe system of work for the installation of the vent.
"Falls from height are the biggest killer in the construction industry and last year alone more than 6,300 employees suffered major injuries following a fall. Working at height must always be properly planned.

Building firm in court after Fulham scaffold collapse

A Surrey-based company has been sentenced after a length of scaffolding collapsed on to a Fulham Street, blocking one lane but miraculously missing pedestrians and traffic.

Scaffolding after the collapse in Lillie Road, Fulham

 

Alliance Building and Contracting Ltd, of Weybridge, was prosecuted by the Health and Safety Executive (HSE) after an investigation into the incident on 3 October 2011 identified safety failings.

Westminster Magistrates' Court was told the firm, which is now in voluntary liquidation, was the principal contractor for a demolition and build project at a site in Lillie Road, Fulham. A 16-metre length of scaffolding collapsed and fell from the first floor level to the ground below, covering the pavement and an entire traffic lane.

The collapse happened at lunchtime on a normally busy thoroughfare, just a short distance from a nursery and local schools.

HSE found that Alliance Building & Contracting Ltd had failed to properly manage the demolition phase of the work. The scaffold had been on the building site for a year and been left free-standing long after demolition had finished. The site had been left unattended for long periods and regular inspections of the scaffold for safety had not taken place.

Alliance Building & Contracting Ltd, of Monument Hill, Weybridge, was found guilty in their absence of a breach of the Work at Height Regulations 2005. Magistrates imposed a fine of £10,000 with costs of £7,190.

Speaking after the hearing, Inspector Charles Linfoot said:

"Scaffold collapses are infrequent in the construction industry, but when they occur, they often cause serious injury, fatalities and major damage.

"Lillie Road is a busy one and it is a matter of chance that the collapse, brought about by the safety failures of Alliance Building & Contracting, did not have more serious consequences.

"The case shows how important it is to actively manage all the risks on a construction site and, in particular, to make sure inspections of scaffolding are carried out regularly."

Ledbury drinks maker and Hereford scaffolder fined for health and safety failings

A drinks producer and a building services firm have been fined for safety failings at a Ledbury factory.

The Health and Safety Executive (HSE) identified concerns following a serious incident involving a scaffold at Universal Beverages Ltd’s premises on Little Marcle Road on 1 October 2009.

Central Roofing and Building Services Ltd, trading as Erect-A-Scaffold, was appointed by Universal Beverages to erect and maintain scaffolding at the site.

Both companies were sentenced after the HSE investigation identified several breaches of safety law.

Worcester Crown Court heard during a week-long trial (1-8 July) that there were "significant" issues with the scaffolding, including loose boards and big gaps.

It is a legal requirement for a scaffold over two meters high to be inspected every seven days to ensure it is safe to use, and for any defects to be immediately rectified. However, Central Roofing and Building Services did not inspect the scaffold frequently enough and on more than one occasion, sent an inexperienced and unqualified employee to carry out the inspection.

HSE found the company failed to perform adequate and regular safety inspections and maintenance of the scaffold.

Universal Beverages, meanwhile, failed to ensure the subcontractor it appointed fulfilled its obligation in this regard. In doing so the drinks company also failed to ensure the safety of non-employees.

Universal Beverages Ltd, registered to Bridge Street, Staines, Middlesex, was fined a total of £85,000 and ordered to pay £50,000 costs, after being found guilty of breaching Section 3(1) of the Health and Safety at Work etc. Act 1974.
Central Roofing and Building Services Ltd, trading as Erect-A-Scaffold, of Central Park, Holmer Road, Hereford, was fined £50,000 and ordered to pay £18,000 costs after pleading guilty to the same breach.

Speaking after the hearing, HSE inspector Paul Humphries said:

"As the principal contractor on this building project, Universal Beverages was responsible for ensuring that the scaffolding was checked every seven days to ensure it was safe and that workers were not exposed to risk.

"As the sub-contractor on the site, Central Roofing Services was responsible for ensuring that the inspection was carried out weekly by a competent person, which they failed to do.

"Companies working on construction projects have a duty to monitor the practices of the subcontractors they engage, while subcontractors need to ensure their employees are competent to undertake the work they have been engaged to do."

Electrical safety - inflatable blower fans 

The Health & Safety Executive (HSE) have become aware of an electrical safety issue with a particular design of fan blower that has been imported into the UK by a number of suppliers. This type of fan blower is typically used to inflate play equipment and advertising inflatables. The type of fan design affected is one where the electrical socket is fitted to the front of the casing, below the blower out (i.e. not on a cable lead) and you can see the rear of the electrical socket & conductors (see below)

Inflatable blower fan

 

Affected fan - rear of electrical socket & conductors

 

Affected fan - rear of electrical socket & conductors

Background:

One of these units was tested and it was found that despite the manufacturer's plate stating the unit complied with the required standards, the connection did not stop water getting onto live contacts. This means anyone touching metal parts of the unit could get a potentially lethal 230v shock.

  rear of 230V ac connector installed to affected units
 

Connections used on 230v electrical equipment that may be exposed to the weather must be protected to the appropriate standard. It is believed that a number of fan blowers have had a 'black rubber boot' fitted to enclose the terminals but without a cable gland or similar fastening designed to hold the cables securely to the boot itself, it is unlikely these will comply with either standard.

Known suppliers of this particular design of fan have ceased importing it and have made efforts to contact identifiable customers regarding this issue.

Action required:

Owners/operators of electrical fans have legal duties to ensure these are safe and are strongly advised to bring this Alert to the attention of their competent examiner who should check that the fans comply with all the necessary standards. If the examiner finds this is not the case owners/operators should stop using the fans until they do comply and contact the supplier ASAP.

Some fan suppliers are already contacting their customers to tell them about a modification that will provide the correct level of weather protection and this or other equally effective modifications should be done ASAP.