HSE consults on merged asbestos ACoPs                     
          
The 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consultation in June 2012, it was agreed by the HSE Board that a number of ACoPs would be revised, consolidated or withdrawn in line with a recommendation from the 2011 Löfstedt review. 

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 earlier consultation found almost 90% of stakeholders were in favour of a single merged ACoP. However, they were concerned about the clarity of the existing definition of work with asbestos, which does not require a licensed contractor but which is still notifiable to the authorities (such as removal of degraded asbestos cement or damaged insulation.

The new draft L143 has a more detailed explanation of this kind of work.
Respondents were also worried the explanation of employers and premises owners duty to manage asbestos under Regulation 4 of CAR 2012 would be diluted in the new merged code.

The HSE says the duty to draw up communicate and update a written plan of the location and management of asbestos containing materials and other responsibilities.

The consultation document says the draft clearly defines dutyholders and their responsibilities.

The executive notes that material supporting Regulation 10 has been reviewed and updated to help employers understand how they should comply with the requirement to inform, instruct and train employees. The draft ACoP also clarifies the legal position on certificates and records of training.

Legal responsibilities to protect workers' health and safety are not altered by any changes to ACoPs. “Dutyholders already complying with the law should not therefore need to change what they are doing,” says the HSE.

The 12-week consultation on the consolidated draft runs until 30 September.
Among other questions, the HSE asks respondents whether it has missed anything in the draft, whether a list of non-domestic premises where CAR2012 applies is adequate and whether its explanation of the requirement to inform and train employees under Regulation 10 is clear.

Subject to the outcome and ministerial approval, the ACoP will be published by the end of the year.

The HSE says it also plans to revise its web guidance on working with asbestos, following complaints in the 2012 consultation that it confuses some dutyholders

Firm fined for failing to hold insurance

A Sunderland firm has been fined for failing to hold statutory insurance that enables employees to claim compensation should they be injured at work.

An investigation was carried out by the Health and Safety Executive (HSE) following information received suggesting Sun Spirit Ltd was uninsured.

Sunderland Magistrates' Court heard that HSE inspectors found the company did not hold any Employer's Liability Compulsory Insurance between 9 Feb and 13 December 2012. This meant the firm, which provides and installs solar panels, was not insured against liability for bodily injury or disease sustained by their employees resulting from their work.

Sun Spirit Ltd of Quay Court, Sunderland, was fined £750 and ordered to pay £850 in costs after pleading guilty to breaching Section 1(1) of the Employers' Liability (Compulsory Insurance) Act 1969.

After the hearing, HSE inspector Andrea Robbins said:

"As well as being a legal requirement, Employers' Liability Compulsory Insurance offers important protection for employers and employees alike.

"Failure to have such insurance could leave any employee who is injured or suffers ill health because of their work unable to get any compensation for their suffering.

"The failure of employers to insure is seen as a serious matter and HSE will continue to take legal action where appropriate."

Company prosecuted following building collapse drama

A son frantically pulled his father to safety after he was trapped by rubble when a building collapsed during unsafe renovation work, a court has heard.

The pair, aged 51 and 20 from Penkridge, Staffordshire, who have asked not to be named, fell through two floors but avoided serious injury in the incident at High Street, Bilston on 25 June 2012.

They were working as bricklayers for Clark Brothers (Builders & Developers) Ltd of Bilston, which was prosecuted today by the Health and Safety Executive (HSE) after an investigation revealed the company failed to properly plan, manage and supervise the refurbishment work.

Wolverhampton Magistrates' Court was told the father and son team were block-laying inside a former shop building when the second floor they were working on suddenly gave way.

The weight of the collapsing floor and block work was such that it smashed through the first floor beneath, and sent them crashing all the way to the ground floor, leaving the father buried under rubble. The son had to pull him free before both were taken to hospital for treatment. They were discharged later the same day after escaping with relatively minor injuries.

The collapse meant a section of the High Street had to be closed until a building control team had declared the structure safe.

HSE inspectors found that the refurbishment project was unsafe and immediately issued a Prohibition Notice stopping any further work at the site.
The court heard that Clark Brothers did not properly plan and supervise the work, and, failed to take suitable measures to protect those that may have been affected by the work whilst the building was being renovated.

Clark Brothers (Builders & Developers) Ltd, of High Street, Bilston, Wolverhampton, was fined £10,000 and ordered to pay £1,844 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.

Speaking after the hearing, HSE inspector Paul Cooper said:

"Clark Brothers (Builders & Developers) Ltd made a number of serious errors in attempting to undertake this work without proper planning, training and supervision.

"Nobody at the company had any refurbishment experience and no proper health and safety related training. Their failure to manage this project placed workers and the public at serious risk.

"A floor collapse, as with any unplanned demolition work, presents very serious dangers that can result in serious or fatal injury. The fact the father and son escaped relatively unharmed in this collapse is remarkable.

"The uncontrolled collapse of the building also posed a risk to members of the public who were out on the High Street that morning."

Silk weaving firm in court over safety breaches

A Suffolk textile company has been sentenced for serious safety failings after a worker suffered three years of ill-health and was left disabled following his exposure to chemicals.

The worker, who does not wish to be named, was employed at Gainsborough Silk Weaving Company Ltd in Sudbury as the dye house manager from 1993 to his dismissal by the company in 2012.

The 57 year-old man had been suffering from chronic breathing difficulties since 2008, and had been hospitalised on a couple of occasions as a result. He was on a cocktail of drugs to suppress his symptoms. His symptoms improved markedly after he left the company and stopped working with chemicals.

The employee's ill health was reported to the Health and Safety Executive (HSE), which prosecuted Gainsborough Silk Weaving Company Ltd at Ipswich Crown Court for a series of safety offences.

HSE found that the company had failed to assess the health risks arising from working with hazardous reactive dyes, despite the risks of respiratory damage being well known in the industry. As a result, they also failed to provide their staff with adequate training or equipment to safeguard their health when working with the substances.

The court heard that a health surveillance programme for the firm's workforce was stopped in 2004. The programme, had it been operating, could have helped to prevent his long period of ill health.

HSE identified that the company's failures were prolonged and covered the period from 2004 to HSE's investigation in 2012.

In addition, the investigation found that the company had failed to provide health surveillance for exposure to noise after 2007 despite that fact that there is a legal requirement to do so where employees are likely to suffer from noise induced hearing loss.

The Gainsborough Silk Weaving Co Ltd of Alexandra Road, Sudbury, Suffolk, was fined £20,000 and ordered to pay £10,000 towards costs over three years after pleading guilty of breaching Regulations 6(1), 7, 11 and 12 of the Control of Substances Hazardous to Health Regulations 2002 and Regulation 9(1) of the Control of Noise at Work Regulations 2005.

After the hearing HSE Inspector Martin Kneebone said:

"Gainsborough Silk Weaving Company Ltd fell well short of their responsibilities over a protracted time period. They neglected to assess the very real health risks involved and take the measures necessary to minimise those risks.

"The company should have installed suitable ventilation equipment for weighing and mixing the dyes. They should also have provided proper information, instruction, training and health surveillance for their employees. The lack of these left workers at a significant risk of contracting respiratory illnesses by their exposure to these chemicals.

"HSE has produced seven Textile Information Sheets on the safe handling of dyes and chemicals, all of which have been available since 2004.The risks of working with reactive dyes have been well known for many years.

"In addition, the company's failure to provide health surveillance as regards exposure to high noise levels at work has meant that some employees, previously identified as vulnerable, may have suffered further deterioration in their hearing due to continued exposure. Again the risk of employees suffering noise induced hearing loss from working in the weaving industry is well known and preventable."

Construction firm fined after worker seriously hurt in fall

A construction firm has been fined for safety failings after an agency worker suffered serious arm injuries in a fall while working on a County Durham residential home.

David Hammel, 55, of Langley Park, has been left unable to resume his work as a joiner after sustaining the injuries after falling two and a half metres from a wall on 9 July 2012.

Consett Magistrates' Court heard that Mr Hammel was an agency worker employed by Newcastle-based MGM Ltd, the principal contractor for a new-build residential care home in Front Street, Dipton, Stanley.

Mr Hammel was part of a four-man gang installing roof trusses of various sizes to form part of the new roof. He had climbed onto and was standing on a wall plate on top of a block wall that formed the shell of a second-floor room waiting to receive and manoeuvre a roof truss into place. But the roof truss slipped and knocked him off the wall plate. He fell into a corridor sustaining multiple fractures of his right arm and elbow.

Mr Hammel has since had two operations to rebuild his elbow with the insertion of a titanium hinge. He has been told by doctors he is unlikely to resume his job because he does not have full function of his arm as a result of the injuries and reconstructive surgery.

An investigation by the Health and Safety Executive (HSE) found the measures in place by MGM Ltd to prevent a fall were wholly insufficient. It identified that the firm's planned system of work required a crane to be used to lift, hold and support the trusses while they were temporally fitted into place. However, on the day of the incident there was no crane on site and the gang of joiners were allowed to install the roof trusses manually instead.

The investigation concluded that if a crane had been used it is highly unlikely that the roof truss would have fallen or slipped.

MGM Ltd of Rhodes Street, Newcastle, was fined £4,000 and ordered to pay £6,184 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.

After the hearing, HSE inspector John McGill, said:

"This was a wholly avoidable incident resulting in serious injury.

"Work at height is inherently fraught with risk and falls remain the single biggest cause of deaths and serious injury in the construction industry. It is therefore essential that work at height is properly planned, managed and monitored to ensure it is carried out safely and that all necessary precautions are taken to prevent falls and protect workers.

"Work at height activities should only ever be undertaken by competent personnel with the right equipment, knowledge and experience.

"This incident also emphasises the need for those who control work activities to ensure that they establish safe systems of work, make sure they are adhered to and that effective supervision is in place."

Speaking after the court case Mr Hammel said:

"I hope this prosecution will act as a reminder to building contractors of the responsibilities they have to individuals on site. I'm still here to tell the tale but it could have been a lot worse. This incident has ruined my career and I wouldn't like to see it happen to anyone else."

Essex firm fined for Hampshire roof fall

An Essex construction firm has been fined for safety failings after an employee broke his spine when he fell through a skylight opening at a construction site in Hampshire.

The worker, who does not wish to be identified, made a full recovery following the incident at Fontley Road in Titchfield, near Fareham, on 16 August 2011, but was unable to work for six weeks.

His employer, Prestige Construction Services Ltd, of Rainham, was prosecuted by the Health and Safety Executive (HSE) after an investigation revealed there were inadequate measures in place to prevent or mitigate the fall.

Portsmouth Magistrates' Court heard the worker was helping to construct the roof of a new build community centre. There were several holes in the roof where skylights were to be placed, but they were left exposed, with no coverings or guard rails on or around the holes, and no safety nets underneath.

The worker fell almost four metres to the floor below, with his spine taking the impact. Magistrates were told that he is fortunate to have made such a swift recovery and sustained no lasting damage.

Prestige Construction Services Ltd, of West Close, Rainham, Essex, was fined a total of £30,000 and ordered to pay £9,000 in costs after pleading guilty to single breaches of the Work at Height Regulations 2005 and the Construction (Design and Management) Regulations 2007.

After the hearing HSE Principal Inspector Steve Hull said:

"You would expect a construction company to be fully aware of the risks posed by working at height and to take the appropriate safety precautions. Yet that clearly didn't happen here, and the employee could easily have paid with his life as a result.

"The incident was entirely preventable had Prestige Construction Services put effective measures in place to prevent or mitigate a fall - as is essential at all times during roofing work."

Freight company fined £50,000 after worker hit by falling pallets

A Suffolk-based freight company has been sentenced for a series of safety breaches after a forklift truck toppled and spilled its load onto a worker, breaking his back.

Neil Jennings, 56, of Ipswich, was waiting for his trailer to be loaded in the yard of Eagle Freight Terminal Ltd at its Great Blakenham premises when one of the forklifts doing the loading hit a pothole. The vehicle lurched sideways, shedding its pallets and boxes, one of which hit Mr Jennings.

He suffered multiple fractures to the vertebrae of his upper and middle back and was unable to work for several weeks. Mr Jennings can now only undertake light duties and can no longer carry out everyday tasks without pain and discomfort.

The incident, on 9 January 2012, was investigated by the Health and Safety Executive (HSE), which today prosecuted Eagle Freight Terminal Ltd at Ipswich Magistrates' Court.

HSE found that the freight yard road surface was pitted with potholes and had been the subject of complaints by the company's employees over a significant period. There was little management of traffic movements and no instructions provided regarding segregation of workplace transport and pedestrians.

The court was told that two Improvement Notices were served by HSE on Eagle Freight after the incident requiring them to remedy the condition of the yard's surface and to introduce systems of control which would allow vehicles and pedestrians to circulate safely at the site. Despite two extensions of time to allow the remedial work to be completed, an inspection carried out in September 2012 revealed no work had been completed and neither of the Notices had been complied with.

Ipswich Magistrates' Court heard that the company had been subject to similar enforcement action by HSE as far back as 2002/3 about the lack of control of workplace transport.

Eagle Freight Terminal Ltd of Lodge Lane, Great Blakenham, Ipswich, was fined a total of £50,000 and ordered to pay costs of £4,501.23 plus £120 victim surcharge after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974, Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998, Regulation 17(1) of the Workplace [Health, Safety and Welfare] Regulations 1992 and for failing to comply with two Improvement Notices.

After the case, HSE Inspector Paul Grover, said:

"This was an entirely preventable injury caused by persistent disregard by Eagle Freight of basic safety measures. The company allowed the yard's surface to deteriorate so badly that forklift trucks were regularly destabilised when carrying loads.

"There was also no system to allow vehicles and pedestrians to move safely around each other and the forklift truck driver had not been given suitable training which resulted in him using unsafe work practices where the truck was driven with the forks and load lifted.

"The company's subsequent repeated failure to meet the requirements of the two improvement notices demonstrated their complete disregard for their legal responsibility to keep their employees, and non-employees visiting the site, safe.

"The risks of serious injury and, all too frequently, death, resulting from the failure to control the safe movement of vehicles and pedestrians are widely recognised.

"Putting safe working practices in place is often simple and inexpensive and where this doesn't happen the costs, both financial and personal, can be immense."

Bolton limo firm in court over debilitating hand condition

A Bolton limousine and hearse manufacturer has been fined after seven employees developed a debilitating nerve condition over a six and a half year period.

Woodall Nicholson Ltd was prosecuted by the Health and Safety Executive (HSE) after the workers were diagnosed with Hand Arm Vibration syndrome as a result of almost daily use of hand-held equipment, such as grinders, saws and pneumatic tools, all of which constantly vibrate.

Trafford Magistrates' Court in Sale heard that the men, aged between 25 and 62, developed the condition while working at the plant on Wigan Road in Westhoughton between July 2005 and December 2011.

Symptoms include tingling and numbness in their fingers which can cause sleep disturbance, not being able to feel things with their fingers, loss of strength in their hands, and suffering pain in their fingertips during cold weather known as Vibration White Finger. The condition is incurable and will affect the workers for the rest of their lives.

HSE's investigation found that Woodall Nicholson Ltd failed to ensure that risk from exposure to vibration from the tools was reduced as low as reasonably practicable and over a protracted period of time.

The court was told HSE issued an Improvement Notice requiring changes to working practices after being made aware of the workers' condition. The company has since introduced measures to reduce the level of vibration by buying new lower-level vibrating tools and reducing the amount of time workers spend using them.

Woodall Nicholson Ltd was fined £10,000 and ordered to pay £13,485 in prosecution costs after pleading guilty to a breach of the Control of Vibration at Work Regulations 2005.

Speaking after the hearing, HSE Inspector Mike Lisle said:

"Some of the workers now have difficulty picking up small objects, such as screws and nails, which is essential for the job they do. They will also suffer some level of pain in their hands for the rest of their lives.

"The risks of Hand Arm Vibration Syndrome are well known in the manufacturing industry and employers have a legal duty to make sure the exposure of workers to vibrating equipment is kept as low as possible.

"Sadly employees at Woodall Nicholson regularly used high-level vibrating equipment over several years that was badly maintained, with few controls in place over its use. This made it almost inevitable that they would develop the condition."

Rolls Royce fined after worker suffers permanent injury

British engineering company Rolls Royce has been sentenced after an employee was diagnosed with a debilitating condition that has left him with permanent nerve damage.

The Health and Safety Executive (HSE) prosecuted the company after Allan Thornewill, 55, from Derby, developed bilateral carpal tunnel syndrome after being exposed to high levels of vibration at the company's premises in Wilmore Road, Derby.

Derby Crown Court heard that Mr Thornewill operated wet blasting cabinets, used to clean turbine blades cast in the Derby foundry, for up to nine hours a day. He had to hold the blades in his hands as they were blasted with water under pressure which exposed him to high levels of hand arm vibration (HAV).

The court was told that after developing pins and needles and then numbness and pain, Mr Thornewill reported the symptoms to his line manager and sought treatment from his GP. In September 2009, he was diagnosed with carpal tunnel syndrome and was unable to work for around four months.

Mr Thornewill has since had four operations on his hands and still suffers dexterity problems in his right hand and weakness in both wrists.

HSE's investigation found Rolls Royce plc did not properly assess the vibration risks faced by workers using the wet blasting cabinets and no suitable control measures were implemented, such as limiting exposure, or providing alternatives.

Mr Thornewill received no pre-employment screening and was not included in the firm's health surveillance list.

Mr Thornewill has since returned to work at the company in a different role that doesn't involve working with vibrating machinery. In 2012, Rolls Royce installed an automated system to replace the use of the Vapormatt cabinets.

Rolls Royce Plc of Buckingham Gate, London, was fined a total of £60,000 and ordered to pay £18,168 in costs after admitting/being found guilty of a breach of the Control of Vibration at Work Regulations 2005, and a breach of the Health and Safety at Work etc Act 1974.

Speaking after the hearing, HSE Inspector Noelle Walker said:

"Hand Arm Vibration Syndrome and carpal tunnel syndrome linked to vibration exposure are preventable. However, once the damage is done, it's permanent with no cure.

"Proper health surveillance is vital to detect and respond to early signs of damage. Rolls Royce plc failed to take action to prevent damage caused by the vibrating wet blasters, failed to provide Mr Thornewill with health surveillance and then failed to respond when he reported ill health. This has led to him suffering prolonged pain and discomfort with some permanent damage which affects the quality of his life.

"The company should have properly assessed the level of vibration exposure and limited the amount of time workers spent using the wet blasters."

Derby manufacturer fined after worker's finger crushed

A machinery manufacturer has been sentenced after an Essex worker's finger was badly crushed in an unguarded machine.

Benjamin Tracey, 32, of Braintree, was attempting to clear a blockage in a newly installed form, fill and seal machine at a food manufacturer's in Halstead, Essex, when its heated jaws closed on his left index finger and a knife mechanism fired into his finger, badly crushing and slicing the bone and soft tissue.

The incident, on 8 June 2012, was investigated by the Health and Safety Executive (HSE), which prosecuted the machine's manufacturer and supplier, Line Equipment Ltd, for safety failings.

Chelmsford Magistrates' Court heard that Mr Tracey had encountered problems with plastic bags sticking to the machine's heated jaws. He put his arm in to attempt to pull the bags free and when this didn't work he stopped the machine, which halted the cycle but did not completely deactivate the machine. As he reached through the heated jaws the incident occurred.

Mr Tracey suffered a fracture to his bone, crush injuries and major cuts to his finger. Subsequent surgery saved him from having to have the top of his finger amputated. Some healing has subsequently taken place.

An HSE investigation found the machine had not been fitted with a suitable guard to prevent access being gained to moving parts. The safety standard for the machine clearly identifies the risks from the heated jaws and requires any opening bigger than 12cm to be protected by a guard, restricting the reach distance to dangerous parts. In this case the openings on all four machines supplied by the company exceeded 30cm and none had been supplied with a guard fitted.

Line Equipment Ltd, of Cedar house, Ashbourne Road, Derby, was fined £3,000 and ordered to pay £1,330.20 costs after pleading guilty to breaching regulation 7(2)(a) of the Supply of Machinery (Safety) Regulations 2008.

After the case, HSE Inspector Paul Grover, said:

"This was a common, entirely foreseeable and preventable incident on this type of machine.

"The safety standards for these types of machines are widely understood and their importance in safeguarding what can otherwise be a hazardous form of machinery was well known to Line Equipment Ltd.

"Had the company met its duties, it would not have been possible for the employee to have accessed moving parts of machinery in this way and seriously injure himself as a result."

Faulty rope led to amputation for outdoors instructor

A Southampton firm was today prosecuted after an outdoors activity instructor was left permanently disabled when he used a defective rope for a simulated parachute landing.

The site at Carroty Wood where outdoor instructor Josh Senior fell

 

Joshua Senior, 25, plunged some nine metres to the ground at the Rock (UK) adventure centre in Carroty Wood, near Tonbridge, Kent, on 25 August 2010. Instead of allowing Mr Senior to descend in a measured way, the rope supplied by Pfeifer Rope & Tackle Ltd simply unravelled as he stepped off a platform for a practice descent.

Mr Senior, an experienced instructor from Tonbridge Wells, suffered a broken back and was paralysed from the waist down for some six months. He slowly regained some use of his lower limbs over the following year with the help of Stoke Mandeville Hospital. As he was regaining movement, it became clear his ankle had been crushed and his right foot had to be amputated.

The Health and Safety Executive (HSE) investigated and prosecuted the company for serious safety breaches at Southampton Magistrates' Court.

The court was told that Pfiefer Rope & Tackle Ltd, of Marchwood, Southampton, which makes and supplies ropes and lifting equipment, had supplied batches of ropes at the request of Rock (UK) to use in a 'parafan' device - which simulates parachute landings.

The rope goes from the person's harness to the shaft of the parafan and the fan slows the person's descent to that of a real parachute landing. Mr Senior fitted the first rope of the new batch and carried out all the tests prescribed by the parafan manufacturer before performing the final test using the parafan itself.

The site at Carroty Wood where outdoor instructor Josh Senior fell
 

However, because the company had used the wrong components when making this batch of rope eye-end terminations, as Mr Senior jumped from the climbing tower on which the Parafan was fitted, the rope parted from his harness and he fell to the ground 30 feet below.

The court was told that Pfiefer Rope & Tackle Ltd had not operated their quality control system. There had been a failure by the company to perform a simple measurement check on the end terminations to confirm they had been fully crushed.

Pfiefer Rope & Tackle Ltd., of Marchwood Industrial Park, was fined £20,000 and ordered to pay £6,348 in costs after admitting breaching Section 3(1) of the Health & Safety at Work etc Act 1974.

After the hearing, HSE Specialist Inspector Steve Simmons-Jacobs said:

"This was an avoidable incident that has had a severe impact on a young life. It is only a matter of chance that this was not a fatality. As it is, Mr Senior has suffered life-changing injuries and has now been fitted with a prosthetic foot.

"Rope and sling manufacturers have a duty to their customers and others to ensure that the product is suitable for the designed loads and that their quality control systems are robust and effective at all times. Companies must realise that their systems may be critical to the health and safety of the people who use their products."

Vauxhall owner sentenced over Ellesmere Port death

The owner of Vauxhall has been fined £150,000 over the death of a long-serving worker who was crushed in machinery at its car factory in Ellesmere Port.

General Motors UK Ltd was prosecuted by the Health and Safety Executive (HSE) after Ian Heard was found at the North Road plant on 22 July 2010. The 59-year-old from Birkenhead, who joined Vauxhall as an apprentice at the age of 16, was taken to the Countess of Chester Hospital where he died 11 days later.

The area of the factory where the incident occurred

 

Liverpool Crown Court heard that Mr Heard had been working in the paint unit at the factory where trolleys - known as skids - carry cars through a conveyer system to be spray painted.

He had entered the part of the unit where the skids are stacked in order to try and free some after they became stuck. As he moved them the machine restarted and he was crushed.

The HSE investigation found a doorway had been created through a wall at the back of the paint unit, sometime after the machine had been installed in the 1990s, which allowed access without the power being cut.

The court was told it had previously not been possible to get to the conveyor system while it was still operating as light sensors at the front of the machine meant it stopped if a worker walked over them. There was also an access gate in the fence around the machine, which could only be opened once the power had been switched off.

A risk assessment carried out in 2000 - ten years before Mr Heard's death - identified the potential danger posed by the new door but no further action was taken by the company. It had also become standard practice for workers to use the door to free skids when they became stuck.

General Motors pleaded guilty to single breaches of the Health and Safety at Work etc Act 1974 and the Provision and Use of Work Equipment Regulations 1998 by failing to ensure the safety of employees, and failing to prevent access to dangerous parts of machinery.

The company, of Osborne Road in Luton, Bedfordshire, was fined £150,000 and ordered to pay £19,654 in prosecution costs.

Speaking after the hearing, HSE Inspector Martin Paren said:

Ian Heard receiving a long service award following 40 years with General Motors

"Ian Heard was a dedicated and loyal worker at Vauxhall for more than 40 years, but sadly he lost his life because of the company's safety failings.

"There was absolutely no point in Vauxhall carrying out a risk assessment into the dangers posed by the machine if it wasn't going to act on the recommendations.

"As a result workers who walked through the door to free up skids in the paint unit were put in danger for almost a decade, and one of them eventually suffered fatal injuries.

"The company has now installed a new safety system on the door which means power to the machine has to cut before the door can be opened. If this system had been in place in July 2010 then Mr Heard's life could have been saved."

Ian's brother, Martin Heard, added:

"My brother worked at Vauxhall for 43 years and was looking forward to retirement. He was loyal to the company and to his colleagues.

"This loyalty and Vauxhall's neglect of its basic duty of care to the workforce cost my brother his life. Commercial pressure should not be a consideration where safety of staff is concerned

Eight metre fall for trainee lands firm in court

A Hertfordshire firm has been prosecuted for safety breaches after a trainee employee suffered multiple fractures in an eight-metre fall from a roof.

The 22 year-old, from High Wycombe, who does not wish to be named, broke two vertebrae, his left ankle and wrist, fractured his pelvis and tore ligaments in the incident in Poets Road, Highbury, North London, on 3 December 2012.

The Health and Safety Executive (HSE) prosecuted the injured worker’s employer, Nature’s Power Ltd of Rickmansworth, after identifying a number of safety failings by the company.

Westminster Magistrates’ were told the firm had been fitting a flue liner down the chimney as part of installation work for a wood burning stove. The trainee was attempting to slide together an extendable roof ladder while balanced at the top of the access ladder against the house.

However, HSE’s investigation found that the access ladder was not long enough to clear the guttering and so didn’t extend to a point where he could step off safely. When the roof ladder began to slip away in his hands, it pulled him off the access ladder. As there was nothing for him to hold on to help him regain his balance, he fell three storeys to the ground below sustaining serious injuries.

Nature’s Power Ltd, of High Street, Rickmandsworth, was fined a total of £30,000 and ordered to pay a further £5,840 in costs after being found guilty in absentia of two separate breaches of the Work at Height Regulations 2005.

After the hearing, HSE Inspector Keith Levart said:

"It was clear the access ladder had been used unsafely and that Nature’s Power Ltd had failed to plan the work properly, taking into account the specific issues that arose from using that site.

"If used correctly, access and roof ladders can provide safe access to chimneys. However, this one could not clear the guttering, which led to this entirely preventable incident and a trainee worker suffering serious injuries. It is only a matter of good fortune that these injuries were not fatal.

"There is no shortage of advice and information about safe use of ladders. Where necessary, there is ancillary equipment available such as adjustable ladder stays, and straps for securing it to the building."

Gloucestershire engineering company fined for interlock failings

A Forest of Dean engineering company has been fined after an employee injured his hand on a machine where a safety lock had been deliberately disabled.

The worker, who does not wish to be named, almost lost a finger whilst trying to clear swarf (metal debris) from a large Computer Numerically Controlled (CNC) milling machine at Quickmach Engineering Pressings Ltd in Cinderford on 12 November 2012.

Cheltenham Magistrates' Court heard on 2 August that the employee, an experienced machinist, was working on components for the aviation industry. He had entered the machine to clear swarf with a stick when his right hand slipped and came into contact with a rotating cutter, which cut and almost severed his index finger. The worker has since had to have two operations and was unable to work for a considerable period.

The Health and Safety Executive (HSE) investigated the incident and discovered that an interlock switch to the sliding access door of the machine had been dismantled and deliberately disabled. An inspector established that it had been in this condition for at least two years.

Had the interlock switch been working it would not have been possible to enter the machine until the cutter had stopped rotating.

Despite this serious incident, when HSE visited the company on 6 Dec 2012, they found that the machine was still being used in exactly the same way, with a disabled interlock.

Quickmach Engineering Pressings Ltd, of Forest Vale Industrial Estate, Cinderford, Gloucestershire, was fined £5,000 and ordered to pay £1,121 in costs after pleading guilty to a breach of Section 1(1) of the Provision and Use of Work Equipment Regulations 1998.

Speaking after the hearing, HSE Inspector Caroline Bird said:

"This was a completely needless and entirely preventable incident that left an employee with a painful injury.

"The CNC machine had been fitted with safety devices by the manufacturer, but Quickmach had allowed employees to deliberately dismantle them - a practice that had continued unchallenged for at least two years. Regular checks or visual inspection would have immediately identified that the switch had been deliberately disabled.

"HSE will not hesitate to prosecute companies where key safety devices such as interlock switches are manipulated in this way. Interlock switches are fitted to protect operators - they should not be overridden and management should not turn a blind eye to such practices."

Construction industry workers invited to find out about the dangers of dust

The Health and Safety Executive (HSE) is inviting representatives of the construction industry to a free seminar about the dangers of dust.

Every year 500 workers die from the effects of inhaling dust from materials such as concrete, wood, mortar, gypsum or sandstone.

The half day event, organised by the Working Well Together group, takes place in Coalville, Leicestershire, on Friday 20 September. It aims to raise awareness among managers, supervisors and operatives of the health problems caused by dust and the simple steps that should be taken to control it.

Practical sessions and demonstrations will focus on extraction systems, water suppression and respiratory protective equipment.

Chris Lucas, of HSE's Health Risk Management Unit, who will be speaking at the event, explained:

"Construction dust is not just a nuisance, it is a serious risk to workers' health. Regularly breathing in even small amounts of dust over a long time can cause life-changing and life-threatening lung diseases, including cancer.

"Common jobs like cutting or grinding concrete, chasing out mortar, drilling in enclosed spaces or sanding wood can be high risk if not properly controlled."

Linton man in court after waste site death

The driver of a loading shovel has been sentenced for safety failings after he reversed his vehicle into a lorry trailer at a Cambridgeshire waste site, crushing and killing its driver.

Mark Nyland, 34, from Sutton in Ashfield, Nottinghamshire, was hit by the tracked loader as he was closing the doors at the rear of his HGV after emptying it of waste and sweeping out debris in a 'safe area' on the site. He suffered severe multiple injuries.

The incident at Milton Landfill Site in Butt Lane, Milton, on 5 January 2012, was investigated by the Health and Safety Executive (HSE), which prosecuted Kenneth Miller, the loader driver, at Cambridge Magistrates' Court.

The court was told that Kenneth Miller, an employee of Waste Recycling Group Ltd, had been helping Mr Nyland to dump the waste from his trailer. Mr Miller then towed the trailer to a 'safe area' so that Mr Nyland, an HGV driver for a haulage company in Shepshed, Leicestershire, could sweep out the back and tail bar area.

Mr Miller then returned to using the loading shovel to level off the ruts in the ground using the bucket of the loader in a series of forward and reverse movements. As he pulled backwards at an angle, the vehicle crushed Mr Nyland against the back of the trailer, causing fatal injuries.

HSE found that Kenneth Miller had clearly failed to take reasonable care while operating a large and potentially dangerous vehicle.

Kenneth George Miller, of Tower View, Linton, Cambridgeshire, was sentenced to a 24-week prison sentence suspended for two years and ordered to pay a contribution towards costs of £600 after admitting a breach of the Health and Safety at Work etc Act 1974. He will also be tagged with a home curfew between 10pm and 6am for three months.

After the hearing, HSE Inspector Roxanne Barker said:

"This was an entirely preventable tragedy that devastated Mr Nyland's partner, parents and family.

"HSE took the rather unusual decision in this case to prosecute an individual rather than a company because it was clear that Kenneth Miller had totally failed to take the care that was necessary when operating a large vehicle on a busy waste site.

"Reversing vehicles have been the cause of many fatalities in workplaces over the years and the risks are well known in industry, and obviously companies have a duty to assess risks and implement safety precautions for their sites. But equally, employees have a duty to take reasonable care for the safety of others, particularly when they are operating dangerous machinery"

Illegal gas work left Norfolk homes at risk

A self-employed heating installer from King's Lynn has been fined for illegally carrying out sub-standard gas work at two homes in Norfolk.

King's Lynn Magistrates' Court heard that Ryan Neale, trading as R. Neale Plumbing and Heating, installed gas appliances and associated gas pipework at properties in King's Lynn and Dersingham despite not being Gas Safe registered.

Anyone undertaking gas work must be recognised by Gas Safe, but Mr Neale had let his registration lapse. However, he still agreed to fit a gas boiler at a home in Cresswell Street, King's Lynn, on 25 May 2012, and a gas fire at another home in Brenda Collison Close, Dersingham on 28 May 2012.

The gas boiler installation was inspected by Gas Safe on 6 June 2012 and found to be immediately dangerous. The gas fire was inspected on 13 December 2012 and found to have been left at risk.

Gas Safe informed the Health and Safety Executive, who prosecuted Mr Neale for breaching gas safety legislation.

Ryan Neale, of Blenheim Road, King's Lynn, Norfolk, was fined a total of £2,000 and ordered to pay a further £1,000 in costs after pleading guilty to two separate breaches of the Gas Safety (Installation and Use) Regulations 1998 for his work at each property - four charges in total.

After the hearing, HSE inspector Paul Unwin said:

"Every year, people die of carbon monoxide poisoning as a result of gas appliances and flues being badly fitted or poorly serviced. It was only a matter of luck that the householders at these two properties were not affected despite being put at risk.

"This case highlights the need for householders to exercise caution when they select people to work in their home. They should always check the person they commission is registered with Gas Safe and competent to carry out the work, and obtain references for similar works done."

Fitter fined for illegal and unsafe gas work

A heating installer has been fined for illegal and unsafe gas work in a London home.

Abhishev Yadav, aged 28, of Greenwich, installed a boiler at a property on Penywern Road, Earls Court, that was later classed as "at risk" because the flue was not properly sealed or secured.

He carried out the work in March 2011 on behalf of his firm Ability Heating while falsely claiming to be Gas Safe registered. It is a legal requirement that anyone working with gas is recognised by Gas Safe.

Westminster Magistrates' Court heard that Gas Safe reported the unsafe installation to the Health and Safety Executive (HSE), which uncovered evidence of false accreditation designed to fool unsuspecting customers.

Mr Yadav provided customers with invoices and business cards featuring a Gas Safe logo, and advertised on a web page that he carried out work on gas boilers.

HSE established that at the time of the Penywern Road installation, he was gathering a portfolio of completed gas work in the hope of gaining an Accredited Certification Scheme qualification.

Any work he did should have been on behalf of a Gas Safe registered business and directly supervised by a Gas Safe registered engineer, not working independently on his own.

Magistrates were told that Mr Yadav did not complete his competence training and assessment until 25 May 2011, and that Ability Heating wasn't registered as a gas business until 9 August 2011.

Abhishev Yadav, of Shooters Hill Road, Greenwich, SE3, was fined a total of £7,500, and ordered to pay £2,500 in costs plus a £120 victim surcharge for two separate breaches of the Gas Safety (Installation and Use) Regulations 1998.

After the hearing HSE Inspector Helen Donnelly said:

"Mr Yadav carried out the boiler installation knowing full well that he wasn't legally qualified to do so.

"He was well aware of the need to be Gas Safe registered and chose to operate under false pretences, using fake marketing materials and paperwork. In doing so, he put the life of a customer at risk because his work was sub-standard.
"Gas work should only ever be undertaken by someone qualified and competent to do so. That means they need to be current Gas Safe members with up to date competencies."

Illegal gas worker jailed after Dunstable home was left at risk for months

A builder has been jailed for 12 months for illegally carrying out sub-standard gas work at a lone pensioner’s home in Bedfordshire.

Luton Crown Court heard that between 21 January and 30 June 2010, Patrick Regan carried out internal building work, including gas work and other building works affecting gas appliances, at a 65 year-old woman’s house on Luton Road, Dunstable despite not being registered with Gas Safe.

Mr Regan, of Loud Water, High Wycombe, was sentenced today after an investigation by the Health and Safety Executive (HSE) identified serious safety failings.

During the building work he removed a chimney breast in the lounge but left the still connected and unstable gas fire flue liner lying across the floor and routed into a floor void.

The gas meter had also been disturbed when the wall it was fixed to was removed, which caused a gas leak; and gas fitting work in the kitchen included the installation of a five-metre length of gas supply pipework running directly across a doorway with only one clip supporting it.

The house was left with appliances in an ‘immediately dangerous’ condition, but they weren’t disconnected until 5 October (2010) when a Gas Safe engineer visited the property. This was more than three months after Mr Regan had finished.

The householder, who does not wish to be named, was left with an estimated repair bill for heating and plumbing in the region of £5,000.

Patrick Regan, of Abbey Barn Lane, Loudwater, High Wycombe, sentenced to 12 months in prison after being found guilty of single breaches of the Gas Safety (Installation and Use) Regulations 1998 and the Health and Safety at Work etc Act 1974. He was also ordered to pay £2,500 in costs.

After the hearing, HSE inspector Stephen Manley said:

"Patrick Regan’s handiwork left a lot to be desired. He operated illegally and left a vulnerable pensioner at risk.

"This case highlights the need for householders to exercise caution when they select people to work in their home. They should always check credentials and obtain references for similar works done, and never feel awkward about asking questions.

"You should only use a Gas Safe registered engineer for gas fitting works.
"Even small scale works such as extensions, car ports and conservatories must be planned properly to identify where work may affect gas fittings, so that appropriate controls can be incorporated."

Tyre services company prosecuted for safety failings

A Somerset tyre services company has been fined after a labourer was injured when his trousers became entangled in an unguarded lathe.

David Humphries, 70, from Gillingham, sustained bruising and minor injuries to his right leg, arm and rear in the incident at Tyre Renewals Ltd in Castle Cary on 18 August 2012. He sadly died shortly after as a result of a heart attack.
Tyre Renewals was prosecuted by the Health and Safety Executive (HSE) after an investigation identified safety failings.

Yeovil Magistrates' Court heard that Mr Humphries was drilling a hole in a stock bar when his trouser leg became entangled in the rotating feed rod of the lathe.
HSE found that the lathe did not have a guard fitted as standard by the manufacturer to protect users while the machine was in use.

Had the company carried out a full risk assessment regarding the operation of the machine, the need for a guard would have been established. As such, the company failed to prevent access to dangerous parts of machinery.

Tyre Renewals Ltd, of Torbay Road, Castle Cary, Somerset, was fined £9,000 and ordered to pay £16,302 in costs after pleading guilty to a single breach of the Provision and Use of Work Equipment Regulations 1998.

Speaking after the hearing, HSE Inspector Matt Tyler said:

"This incident could have been prevented had the company fitted a guard to the machine.

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

Two firms fined after workers injured at construction site

Two firms have been fined after a brick archway weighing two tonnes collapsed and injured two workers during a major refurbishment project.

The two men, both joiners, were shoring up the arch after it become unstable due to the removal of some masonry on one of the support pillars.
One fractured a foot and the other injured his back in the incident at a former toffee factory in Ouseburn, Newcastle, on 15 February 2011.

The Health and Safety Executive (HSE) prosecuted Brims Construction Ltd, the principal contractor for the project, and designers Cundall Johnston and Partners LLP after an investigation into the collapse identified safety failings.

Newcastle Magistrates' Court heard that brick pillars adjoining the archway had been weakened after 'pockets' were created in the masonry to hold steel beams, which were being installed as part of a major refurbishment of the former confectionary building.

The court was told the removal of the masonry caused the arch to become unstable, as the pillar had acted as a buttress. The condition of the arch was brought to the attention of Brims' site foreman who instructed the two joiners to shore it up.

They devised a plan of work, but it was not reviewed by Brims to check that it was a safe method of working.

While work was underway, the archway collapsed onto the two workers. One suffered a fractured foot and the other injured his back.

HSE inspectors found that Cundall Johnston and Partners LLP had not provided information in its designs to ensure those carrying out the work would have known removing the masonry would cause the archway to become unstable.
Brims Construction Ltd also failed to plan and manage the work to deal with the unstable archway safely.

Brims Construction Ltd, of Austin Boulevard, Quay West Business Park, Sunderland, was fined £1,000 and ordered to pay £5,000 in costs after pleading guilty to breaching Regulation 22(1)(a) of the Construction Design and Management Regulations 2007.

Cundall Johnston and Partners LLP, of Horsley House, Regent Centre, Gosforth, Newcastle, also pleaded guilty to a breach of Regulation 11(6)(c) of the same legislation. The company was fined £1,000 with costs of £7,000.

Speaking after the case HSE Inspector Keith Partington said:

"Fortunately the injuries suffered by the workers were not serious. However, if could have been a lot worse as around two tonnes of brickwork fell down when the arch collapsed.

"This incident could have easily been avoided. Firstly, if the designers had ensured sufficient information was available in the drawings it would have alerted those carrying out the work to the potential dangers to start with. Brims should also have properly planned and managed the work."

During 2011/12, 49 workers were killed while working in construction and 2,884 major injuries were reported. For more information about health and safety while working on construction sites log onto the website at: http://www.hse.gov.uk/construction/

Company and director sentenced for house collapse failings

A Buckinghamshire construction company and its managing director have been fined for multiple safety failings following the total collapse of two large properties in Westminster.

The collapsed buildings on Fulham Road in Westminster

 

The buildings, on Fulham Road, were reduced to rubble in January 2011 and neighbouring properties sustained serious structural damage.

Ethos Construction Solutions Limited, of Chesham, and sole director Pritish Lad, from Middlesex, were yesterday (1 August) prosecuted by the Health and Safety Executive (HSE) after an investigation revealed a catalogue of serious issues.
Westminster Magistrates' Court heard that Ethos Construction, led by Mr Lad, was the principal contractor for a major project to renovate and refurbish a self-contained block of 14 buildings on Fulham Road to create 56 new apartments and 13 commercial units.

Numbers 270 and 280, adjoining properties, collapsed without warning on Sunday 23 January. The weekend timing meant there was no work activity and nobody was on site.

The fallen rubble and debris took several days to clear and Fulham Road was partially closed for several weeks while neighbouring buildings, some of which were left in a 'dangerous' state, were checked and made safe.
A Prohibition Notice was put in place to stop the resumption of the renovation project until the site was declared as safe and stable.
HSE inspectors identified a number of safety failings in investigating the collapse. They included:

• Allowing existing structures to become weak and unstable. There was evidence of renovation activity within the collapsed buildings, including work on party walls and the demolition of rear extensions.
• Not assessing whether there was any evidence of a collapse risk.
• No temporary works plan for workers and no checks on whether workers were sufficiently trained and competent to undertake the work.
• The storage of large piles of bricks on several floors of still-standing buildings, which posed a potential over-loading risk.
• The poor installation and positioning of building props.

In addition, HSE also identified further issues elsewhere, including: an unsafe excavation up to three metres deep running the entire length of the development site; risks concerning working at height; fire risks because flammable materials were poorly stored and controlled; a failure to provide suitable emergency exits; insufficient fire detection and fire fighting equipment; and inadequate site security.

Two further Prohibition Notices were served to immediately stop unsafe activity.
Magistrates were told there was overwhelming evidence of dangerous working practices and poor planning and management, for which the principal contractor and director were ultimately responsible as duty holders.

Ethos Construction Solutions Limited, of High Street, Chesham, Bucks, was fined a total of £14,000 and ordered to pay a further £9,000 in costs after pleading guilty to six separate breaches of the Construction (Design and Management) Regulations 2007 and a single breach of Work at Height Regulations 2005.
Pritish Lad, 34, of The Avenue, Hatch End, Pinner, Middlesex, pleaded guilty to five separate breaches of the Construction (Design and Management) Regulations 2007 and the same Work at Height breach. He was fined a total of £9,500 with costs of £6,750.

After sentencing HSE Inspector Andrew Verrall-Withers commented:
"The development site was a scene of complete devastation following the collapse and had anyone been working at the time there could have been multiple fatalities and serious injuries.

"It is also good fortune that the collapsed building didn't come down in the direction of the busy Fulham Road, which could also have had tragic consequences.

"Thankfully that wasn't the case, but they are the only positive outcomes from the incident. The failings we identified at the site were shocking, both in terms of their scale and severity, and there were numerous risks elsewhere that could also have caused death or injury.

"This prosecution should serve to remind directors of construction companies that it is unacceptable to simply assume workers in their care are protected because nobody has complained that standards are poor, or because they have experienced managers on the ground.

"The onus is on them to ensure that all work is properly planned and managed, and that appropriate equipment, training and supervision is provided at all times. Ethos Construction Solutions and Pritish Lad fell well short of the required standards in this regard."

Employers urged to take extra care of young people starting summer jobs

Workers are far more likely to be injured in workplace accidents during the first few months of a new job than at any other time says the British Safety Council. With the holiday season approaching, employers are urged to pay extra attention to the health and safety of young people hired for temporary, summer work.

By taking some simple steps, says Alex Botha, Chief Executive Officer at the British Safety Council, the risk of injury to young workers can be easily prevented. “Vacation jobs are a great way for young people to earn money, get some experience and develop skills but we know they can be particularly vulnerable when they start work,” he said. “There are many reasons for this: a general lack of work experience; unfamiliarity with the workplace, machinery or work processes; a lack of physical capability to do the job or the confidence to raise concerns; a failure of employers to provide the necessary training and familiarisation.” 

“Leadership is key in preventing injury to a young person at the start of their working life. Organisations need to ensure that safe and healthy work practices are the rule and they have a culture that promotes and values safe behaviour. The first step is to plan ahead and establish what the risks are - risks from lifting, working at height, using machinery, moving around the site, inhalation of dust, are the most common ones. Then using the knowledge of experienced staff decide how best to control these risks including through the provision of relevant training. Do check that young people have understood what they have been taught.”

“The British Safety Council is determined to keep health and safety simple and has a priority to reduce the risks young people face at work. We have worked closely with schools and have provided resources to help them develop hazard awareness among young people. We have a dedicated website that is easily accessible, with information that is simple to understand and advice that is helpful for any employer working with young people. I strongly advise employers to check out the resources we have made freely available.”

Risk education is crucial to achieve the British Safety Council’s vision that nobody is injured or made ill at work. Its Speak Up, Stay Safe campaign highlights the particular risks that young people face and puts good communication at the heart of good health and safety. A dedicated website with information, fact sheets on the law and good practice, top tips on working with young people as well as videos and links to organisations like the Health and Safety Executive (HSE), is freely available at the Speak Up, Stay Safe website