Firm fined for Leicester Square cable strike

The principal contractor for a major project to renovate the public areas of Leicester Square has been fined for safety failings after a worker was caught in an explosion after striking a concealed live electricity cable.

Trevor Maloney, 32, from Tottenham, suffered burns to both hands and his face in the incident on 24 April 2012. He was hospitalised for four days, but has since made a full recovery.

The ground worker was unaware of the presence of the cable as he used an electric breaker to remove some paving stone mortar. He was working for Dublin-based SIAC Construction Ltd, which was prosecuted by the Health and Safety Executive (HSE) for placing him in danger.

The company had been contracted by Westminster City Council to redevelop Leicester Square, a major project that included substantial excavation and ground work to resurface the main terraces and side roads.

Westminster Magistrates’ Court heard that due to the large number of underground services in the vicinity, the local authority gave clear instruction that any shallow cables or pipework in areas to be concreted were to be protected by sand and steel plating.

There was also a further requirement to put marker tape on plating covering electricity services so they could be easily identified in the event of future work.
However, during the excavation of old paving outside the Hippodrome casino, in Cranbourn Street, an electricity cable was discovered that was so shallow the preferred protective method could not be used.

A work-around was agreed between SIAC and the council, but when the new paving was completed in January 2012 it was unclear whether it had been done.
In March 2012, part of the newly installed paving had to be dug up for underground repair work unconnected to the renovation project. SIAC was not involved in this work, but was later asked to reinstate the paving.

Trevor Maloney was one of two workers tasked with removing old mortar so that the slabs could be re-laid, but just a few minutes after starting the work he struck the shallow cable. It short-circuited and created an explosion and flames.
HSE found that the cable was partially above the concrete foundation and concealed within the mortar, unprotected by any steel plating. Magistrates were told that had it been adequately protected, or its location properly identified to the ground workers as an area in which to take extreme care, then the incident could have been avoided.

SIAC Construction Ltd, of Monastery Road, Clondalkin, Dublin, was fined £20,000 and ordered to pay £5,002 in costs after pleading guilty to a single breach of the Construction (Design and Management) Regulations 2007.
After sentencing HSE Inspector Loraine Charles said:

"This was a serious incident that could have ended in tragedy, and Mr Maloney is very fortunate not to have been more seriously injured.

"It is essential that when any work that might disturb live underground services is being carried out, all practicable steps are taken to determine the location of those services, and to arrange the work so that the risk of damaging any service is minimised.

"That didn’t happen on this occasion and Mr Maloney and others were placed in unnecessary danger."

Kent print company fined for worker hand injury

A worker had the skin torn from his hand on a printing press at a Dartford print company where vital safety guards had been removed, a court has heard.

The printer, then aged 30, who does not want to be named, also fractured a finger in the incident at Howard Hunt (City) Limited on 24 April 2009.

The firm, part of the Howard Hunt Group, which produces leaflets, magazine inserts, and direct mailing products, was prosecuted by the Health and Safety Executive (HSE) after an investigation identified safety failings.

Dartford Magistrates' Court heard the injured worker was using a printer's knife when filling an ink reservoir that fed rollers transporting ink to printing plates.

Guards should have been in place to prevent access to the dangerous parts of the roller system while the press was running, but these had been removed four days earlier for cleaning and had not been replaced.

The knife stuck as he was filling the ink reservoir and his right hand was pulled between two rotating rollers and 'de-gloved', with the skin ripped away from the back of his hand. He managed to stop the machine using an emergency stop button before pulling himself free and alerting colleagues.

He was hospitalised for five days and later required a skin graft. He then had to wear a special pressure glove for more than a year, which interfered with his normal life and caused additional irritation. He has now been left with permanent scarring.

HSE established that in addition to the injured worker, seven other people had also operated the machine with the protective safety guards removed. All were therefore placed at unnecessary risk.

The court was told that a proper risk assessment would have identified that cleaning should only have taken place when the press was turned off, and that routine checks should have established that all necessary guards were in place prior to it being switched on.

Magistrates also heard that training provision was inadequate, and that the injured worker had received no training or instruction on the safety features of the press.

Howard Hunt (City) Limited, registered to Crown House, Loughton, Essex, was fined a total of £11,000 and ordered to pay £4,399 in costs after pleading guilty to two separate breaches of the Provision and Use of Work Equipment Regulations 1998 and a single breach of the Management of Health and Safety at Work Regulations 1999.

After the hearing HSE Inspector Gordon Chase said:

"The painful injury the worker sustained could have been avoided had the guards been in place when the press was running. A proper risk assessment would have identified the requirement of a safe system of work, and the necessity of proper training on how to safely use the machine.

"Incidents of this kind occur all too often in the printing industry, and the onus is on companies like Howard Hunt to take adequate steps to control risks and protect their workforce."

Company fined after toppling trolley severs worker's fingers

A food manufacturer has been fined for safety failings after a customised rack toppled over and sliced through a worker's hand.

The 35-year-old, from Middlesex, who does not want to be named, had the little and ring fingers on his right hand severed to below the knuckle in the incident at Noon Products Ltd, on Dean Way, Southall, on 26 July 2012.

The Surrey-based company was prosecuted by the Health and Safety Executive (HSE) after an investigation found the rack posed a clear danger.

Westminster Magistrates' Court heard the worker was using a tall rack with wheels to move trays of products. It featured a custom-made sheet metal top cover that had been unsuccessfully trialled but needlessly left in situ.

The rack had been poorly loaded by a colleague and as he pushed it, it overbalanced and toppled over, taking him with it. The sharp edge of the top cover landed directly on his right hand and cut clean through his fingers and knuckles.

He was hospitalised for ten days as surgeons successfully reattached his fingers. However, he is still unable to return to work and has been left with limited mobility that makes everyday tasks difficult or impossible.

HSE found the rack was inherently unsafe because it was top heavy thanks to the custom cover, which had been made in-house by Noon Products. It should have been removed as soon as an earlier trial had established it required modification, especially as a standard cover was available from the rack manufacturer that would have provided a safer suitable alternative.

Magistrates were told the incident could also have been prevented had the company better communicated and monitored the risks arising from overloading the rack, which are well known in the industry.

Noon Products Ltd, of Thorpe Lea Road, Egham, Surrey, was fined £12,000 and ordered to pay £5,068 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 Neil Fry said:

"Thankfully this incident was not symptomatic of widespread failures at Noon Products Ltd. The company has a proactive commitment to health and safety, and is keen to instigate improvements.

"Nevertheless, a worker was seriously injured and it serves as a reminder that irrespective of what processes and systems are in place you have to be vigilant at all times.

"Equipment must be safe, all employees must be competent and properly trained, and any non-compliance with safe-working practices must be stopped."

Plant hire company fined after excavator crushed worker

A Nottingham plant hire company has been fined after a worker was crushed by a two-and-half tonne excavator during an unsafe cleaning operation.

The 40-year-old from Mansfield, who does not want to be named, suffered four fractures to his pelvis, dislocated his thumb and sustained soft tissue damage to his left hand and both legs in the incident at L&M Glazing Ltd in Bulwell on 3 July 2012.

L&M Glazing was prosecuted by the Health and Safety Executive (HSE) after an investigation identified serious safety failings with the chosen method of work.
Nottingham Magistrates’ Court heard that the injured worker was cleaning an excavator that had been returned covered in dirt. The work needed to be done quickly because the vehicle was due to be hired out again later the same day.

The excavator was positioned over a wash bay and raised off the ground by its hydraulic excavator arm and shovel blade, allowing the caterpillar tracks underneath to turn while they were sprayed with a jet washer.

Cable ties were used to lock controls in position and they were configured so that the tracks could spin while the cab was empty. As the worker was cleaning near the excavator arm his foot became trapped under the moving track.

A colleague ran to his aid and, worried that he was being dragged closer to the machine, hit two side levers in the cab in a bid to help him escape. However, this caused the vehicle to lurch forwards, which knocked him backwards before pinning and trapping him.

The worker was rescued after other colleagues used jacks to lift the vehicle.
HSE found there was no formal safe system of work for the cleaning task. The court was told it was unsafe to work either beneath or immediately adjacent to an excavator when it is supported only by the bucket on the excavator arm and the shovel blade, and that had the work been better planned and managed then the incident could have been avoided.

L&M Glazing Ltd of Hucknall Lane, Bulwell, Nottingham, was fined £11,000 and ordered to pay £6,400 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 David Butter said:

"The injured employee was put in serious danger and could have been killed because there was no safe method for cleaning the excavator.

"The machine manufacturer recommends jack-stands are used to hold it in place, and not to service or adjust the machine while the engine is running.
That guidance was clearly ignored, and to have the engine running was both dangerous and unnecessary. Simply cleaning the tracks while the vehicle is stationary, then moving it to expose the unclean tracks and stopping it, before continuing to clean it, would have be the safest and simplest way of doing the work.

"L&M Glazing failed to manage the risks to its employees. Employers who neglect their duty to protect workers will continue to be held to account where they fail to do so."

Firm in court after two workers suffer devastating injuries within a week

A Hampshire-based firm has been sentenced for serious safety failings following two incidents in less than a week which left two employees with life-changing disabling injuries.

At Dundee Sheriff Court, Hydro Pumps Ltd was fined £46,500 after incidents arising from work to the Tay Road Bridge, Dundee in July and August 2007, which were investigated by the Health and Safety Executive (HSE), and the Crown Office Health and Safety Division.

The court was told the company had been subcontracted to cut away concrete top sections of the support columns on the bridge to allow engineers to replace worn out support bearings.

On 26 July a 27 year-old employee was using a hand-held jet gun that delivered a high-pressure concentrated stream of water at a 5mm distance from the surface of the concrete. He suddenly slipped and fell losing his grip on the gun. He toppled forward as he had been balancing himself against the force generated by the gun and the water jet penetrated into his abdomen.

Due to his severe injuries he has been unable to return to work since.
The work was suspended pending an internal investigation. However, within ten minutes of it resuming on 1 August a second employee, who had been brought in to replace the first, was himself seriously injured when the same gun came apart in his hands and he lost control of it, resulting in the water jet shooting into his knee.

He was taken to hospital with severe leg injuries but despite two operations to try and save his leg, it needed to be amputated.

Hydro Pumps Ltd, of Highmead, Fareham, Hampshire, pleaded guilty to breaching Section 2 of the Health and Safety at Work Etc Act 1974 by failing to ensure the health and safety of its employees; in particular failing to ensure that they were not exposed to injury from the use of a high pressure water jetting gun. Hydro Pumps failed to conduct a suitable and sufficient risk assessment in relation to the work (particularly as they had modified the gun by shortening its lance to a length less than recommended by the manufacturers and industry guidance and employees were operating the gun at almost twice the force recommended by industry guidance). In addition, the company failed to provide a safe system of work, failed to provide and maintain safe equipment, and failed to supervise the use of appropriate protective equipment.

Following the case, HSE Inspector Gerry McCulloch, said:

"These tragic and almost identical incidents could easily have been avoided had Hydro Pumps Ltd identified the risks associated with this kind of work and implemented appropriate risk-reduction measures.

"The first incident should have been a clear wake-up call that the water jetting was unsafe but little changed and it was only ten minutes after Hydro Pumps Ltd had restarted the job that the second man was injured.

"Two workers suffered severe and life-changing injuries, the effects of which are still felt today and will be for the foreseeable future."

Leading building supplier in court after worker's hand injury

A building product supplier has been fined after an employee severed three fingers in an inadequately guarded dust extraction machine.

Derby Crown Court heard that the Tarmac Building Products Ltd employee was emptying waste dust from the machine’s hopper into a bag at their plant on the Swains Park Industrial Estate, Overseal, Swadlincote on 27 September 2012.

Each bag holds approximately three quarters of a tonne of dust. If the side of the bag folds in then the dust will follow the crease in the bag and spill onto the floor. To avoid this, the 45-year-old, from Coalville, would periodically lift the sides of the bag. He was standing with his feet in the gaps of the pallet the bag was on and attempted to lift the sides of the bags but lost his balance and fell forwards.

As he put his hand out to stop his fall it landed on the hopper and three of the fingers of his right hand went into it, coming into contact with the rotary valve. He was off work for some nine months.

A Health and Safety Executive (HSE) investigation found the dust extraction unit originally had a fully-enclosed recycling system where waste dust was blown back into a silo to be reused. But earlier in 2012 a section from underneath the hopper was removed to try to solve a contamination problem, which enabled access to the rotary valve.

Tarmac Building Products Ltd, of Millfields Road, Ettingshall, Wolverhampton, pleaded guilty to a breach of Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £30,000 and ordered to pay £4,999 in costs.

Speaking after the hearing, HSE inspector Edward Walker said:

"This incident could easily have been avoided had an appropriate guard been fitted when the hopper was modified. When modifying machinery and equipment it is important to make a suitable assessment of any increased risk that changes may cause. Tarmac Building Products failed to do that and a man was left with a permanent impairment."

Plymouth building company in court for worker's fall

A Plymouth building company has been fined for safety breaches after an employee suffered multiple injuries in a fall at work.

Geoffrey Burt, 59, from Plymouth, was helping to pull up a floor at the premises of W Cooper and Son (Plymouth) Ltd in Commercial Road, Coxside, when he fell 2.3 metres down a void. He sustained several fractures to his ribs, shoulder blade and spine, as well as severe cuts to his head.

The incident, on 25 January 2012, was investigated by the Health and Safety Executive (HSE), which prosecuted the company at Plymouth Magistrates' Court.

HSE found the company had told a worker to examine rot on the floor of a small, disused industrial building beneath layers of vinyl and carpet. This had revealed a void of 2.3 metres between concrete plinths which had been covered over to create the floor.

The next day, Mr Burt was asked to help remove the floor. He was kneeling to cut through the floor boards and pulling them up towards himself when his free hand slipped on wet vinyl and he plunged head first into the space below.

Despite his injuries he had to walk around seven metres inside the void below the floor to attract the attention of another worker before he could be rescued.

HSE found that although the company took some steps to prevent people approaching the void, it failed to take any measures to protect employees from falls.

There was no evidence of a written risk assessment or method of working for the removal of the floor, and Mr Burt's supervisor, who was nearby, failed to advise him to work in a safer way.

W Cooper and Son (Plymouth) Ltd of Commercial Road, Plymouth, pleaded guilty to a breach of Section 2(1) of the Health and Safety at Work Act 1974 and was fined £10,000 and ordered to pay costs of £5,000.

Speaking after the hearing, HSE Inspector Annette Walker, said:

"Mr Burt's injuries have caused him a great deal of distress and pain and could easily have been avoided if his employer had simply provided a board to cover-up the hole.

"This incident was entirely foreseeable and highlights the need for employers to take their responsibilities for the safety of their workforce seriously, especially when there are known risks.

"The company should have ensured there were adequate safety measures to guard against falls and that their employees had suitable instructions and equipment for the work and were properly supervised."

Developer and sign company fined for advertising sign collapse

A prominent London developer and a Middlesex sign company have been ordered to pay over half a million pounds in fines and costs for safety failings after a pedestrian sustained a permanent brain injury when parts of a decaying advertising sign fell onto her head.

Olivia Richardson, then aged 33, from Clapham, was hit by a section of a sign advertising the luxury St George Wharf development as she walked along the pavement at Vauxhall Cross, near Vauxhall Bridge, with her partner on 22 March 2008.

She was hospitalised for five weeks, including several days in intensive care, and required significant brain surgery. Formerly a primary school teacher, she is no longer able to work and continues to suffer from multiple permanent effects of her injury.

St George South London Ltd (SGSL), an agent for site owner St George Plc, and A E Tyler Ltd (AETL), then trading as Allsigns, who supplied, erected and carried out cosmetic maintenance of the sign, were both prosecuted by the Health and Safety Executive (HSE) for allowing it to become a safety risk.

The Old Bailey heard that parts of the timber sign, measuring approximately 12 metres by 3 metres and positioned more than 3m above the pavement, had decayed to the point that it was blown down by a strong gust of wind.

Ms Richardson's partner recalled hearing a cracking sound as the pair approached traffic lights at Vauxhall Bridge. He turned to find her lying on her back beneath the sign, bleeding heavily from a deep head wound and slipping in and out of consciousness.

Heavy gusts were recorded on the day of the incident, but such was the poor condition of the sign, expert opinion was that it could have fallen at any time.

The HSE investigation established that the sign had a design life of two years, but had been in position for over nine years and had never once in that time been checked for structural soundness.

SGSL and AETL both had a duty to ensure that the sign did not pose a risk to the passing public, and the court heard that had it been properly inspected and maintained then Ms Richardson's injuries could have been avoided.

St George South London Ltd, of St George House, The Boulevard, Imperial Wharf, Fulham, was fined £300,000 and ordered to pay £222,692 in costs having been found guilty of breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 after a trial in June 2013.

A E Tyler Ltd, of Crown House, Commerce Rd, Brentford, Middlesex, was fined £60,000 with £22,855 costs after also pleading guilty to a Section 3(1) breach when the matter first came before the court in November 2011.

After sentencing HSE Inspector Loraine Charles said:

"This very large advertising sign was positioned overlooking an extremely busy junction at the south end of Vauxhall Bridge, adjacent to an entrance to Vauxhall underground station and opposite the bus station.

"Tragic as the consequences were for Ms Richardson, they could have been even worse had this incident happened during rush hour and not on a Sunday afternoon.

"Throughout the time that the sign remained in place, St George South London Ltd made no sensible efforts to ensure that the structure was safe. Meanwhile, A E Tyler Ltd continued to carry out cosmetic maintenance to the sign, and to make changes to its appearance for many years after it had come to the end of its safe life, without alerting St George to its obligation to ensure that the sign was properly inspected and maintained."

Workers' falls land building company in court

A Leicestershire building company has been fined after two workers fell four metres from an insecure platform balanced on the raised forks of a telehandler.

Two men were injured after this work platform fell from a telehandler

 

Leicester Magistrates' Court heard that Caplin Homes Ltd was building a new house on land in Stretton Road, Great Glen, when the incident happened on 25 April 2013.

Managing director Stuart Caplin, his son and self-employed builder Jason Caplin and a self-employed joiner, Robert Coleman, arrived on site and decided to take some photographs of the partially completed project to record progress.

A Health and Safety Executive (HSE) investigation found that in order to get a high level shot an enclosed work platform was placed on the forks of a telehandler and raised with Jason Caplin and Robert Coleman inside. However, it was not secured to the forks and as the telehandler extended the platform slid off sending the two workers crashing to the ground.

Both men were airlifted to hospital. Jason Caplin, 32, of Great Glen was diagnosed with a fractured heel and spine compression requiring pins. He was off work for three months.

Robert Coleman, 52, of Beaumont Leys, Leicester, suffered a broken collarbone, collapsed lung, fractured pelvis, lacerated spleen and three broken ribs and has not yet been able to return to work.

Caplin Homes Ltd, of Stretton Road, Great Glen, Leicestershire, pleaded guilty to breaching Regulation 5(1) of the Lifting Operations and Lifting Equipment Regulations 1998 and was fined £4,000 and ordered to pay costs of £460.

Speaking after the hearing HSE Inspector Tony Mitchell said:

"This was an ill-conceived and totally preventable incident that resulted in two people suffering significant injuries which could easily have been fatal.

"Work platforms on telehandlers are not suitable for construction work unless special control systems are in place. More importantly they must be securely attached."

Waste recycling firm sentenced over young worker's death

A Bridgend recycling firm has been ordered to pay £250,000 in fines and £53,100 in costs after a 21 year-old worker was crushed to death when he was struck by a skip lorry on a weighbridge he was cleaning.

Geraint Eagle, of Nant–Y-Moel, near Bridgend, was cleaning sensors on the weighbridge at the waste site run by Nolan Recycling Ltd at The Old Quarry, Stormy Down, Pyle, when the incident happened on 2 December 2010.

Cardiff Crown Court heard that Mr Eagle, who had only worked at the site for six months, suffered fatal head injuries when he was hit by the lorry as he lay on the bridge to chip mud off the sensors – completely unseen by the driver.

The incident was investigated by the Health and Safety Executive (HSE), which prosecuted Nolan Recycling for serious safety breaches.

The court was told that Mr Eagle had been told to clean mud off the sensors on the weighbridge and, as he had not done the job before, he worked alongside a more experienced worker who also looked out for traffic. However after taking a break, he returned to work alone.

A skip lorry drove onto the weighbridge where Mr Eagle was lying prone and chipping away at the hard mud. He picked up his tools and moved out of the way. The driver briefly got out of his cab and went into the site office, returned and drove on, unaware Mr Eagle had returned to his work on the weighbridge.

The lorry hit the young worker, and he died at the scene. Geraint Eagle had been in a total blind spot to the driver when he decided to return to his work.

The HSE investigation uncovered a series of failings by Nolan Recycling Ltd. The company failed:

• to appreciate the risks associated with the site
• to give full instructions, guidance and training to staff
• to monitor and supervise staff, particularly Geraint Eagle
• to devise a transport policy to segregate people from vehicles, and
• to provide a system of proper maintenance for equipment like the weighbridge
• to prepare a health and safety plan

HSE said there was nothing to stop lorry drivers driving on or off the weighbridge despite the maintenance work taking place. A suitable risk assessment for the work would have identified the potential dangers of lorries mixing with pedestrians on the site.

Nolan Recycling Ltd of The Old Quarry, Stormy Down, Pyle, pleaded guilty to a breach of Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined a total of £250,000 and ordered to pay £53,100 in costs.

Speaking after the hearing, HSE Inspector, Sarah Baldwin Jones, said:

"This was a horrific incident with tragic consequences. It left Mr Eagle’s girlfriend without a partner, and his son, born eight months after the incident, without a father.

"There were multiple failings at the site, which should have been obvious and could easily have been addressed.

"Nolan Recycling Ltd should have closed the weighbridge while the work was taking place, had a clear written risk assessment for the maintenance work and had policies in place to separate site workers from moving vehicles. They should also have provided proper training to Mr Eagle and his colleague who was supervising his work.

"There can be no excuse for companies in the waste industry not taking reasonable steps to safeguard their workers as there is a wealth of information and guidance from trade bodies as well as the HSE."

Mr Eagle’s father, Paul Eagle, who also lives in Nant–Y-Moel said:

"We all miss Geraint very much. This tragedy has had a huge impact on the family.

"I hope other businesses will learn lessons from this and put workers’ safety first. No other families should have to go through what we have been through."

Fines imposed for asbestos exposure at former factory in Poole

A company in Poole has been fined for safety breaches after exposing workers to potentially fatal asbestos at a disused tile factory in the town.

Poole Investments plc allowed a series of people and workers on to the site in Blandford Road, Poole, despite being aware of the presence of asbestos materials from a survey it commissioned itself.

The Health and Safety Executive, which was alerted, investigated and prosecuted the company at Bournemouth Magistrates' Court for safety failings.

The court heard that the company had agreed to sell redundant plant at the factory site to a local trader. Between October 2010 and the following April the trader unwittingly released asbestos dust and fibres when he demolished part of a disused pottery kiln while removing kiln carts from the site.

In May 2011, Poole Investments commissioned a firm to carry out an asbestos survey but allowed work to take place on site and next to the damaged kiln before the survey was completed in August of that year.

Even after the company received the survey report, which clearly stated asbestos debris was present and that the area should be made out-of-bounds, they allowed workers to continue activities at the premises.

Poole Investments plc, of Anglo Office Park, White Lion Road, Amersham, Buckinghamshire, was fined £60,000 and ordered to pay a further £20,000 in costs after pleading guilty to three breaches of the Control of Asbestos Regulations 2006.

Speaking after the hearing, HSE Inspector, James Powell said:
"Poole Investments plc committed safety failings that led to workers being needlessly exposed to dangerous asbestos dust and fibres.

"They failed to identify that asbestos containing material was present on the site before the work started, resulting in failure to properly manage the work or provide appropriate protection for workers. Worse still, they allowed this work to continue even after they were in possession of a report showing asbestos was present and advising that the area should be made out of bounds.

"Asbestos-related diseases kill more people than any other single work-related cause. All types of asbestos can be dangerous if disturbed. The danger arises when asbestos fibres become airborne. They form a very fine dust. Breathing asbestos dust can cause serious damage to the lungs and cause cancer."

Roofing firm in court over Chorley school roof fall

A roofing firm has been fined for safety failings after a worker sustained severe injuries when he fell through a primary school roof in Chorley.

The 51-year-old from Kirkby, who has asked not to be named, suffered fractures to his spine, breastbone and ribs in the incident at St Marys Primary School, and narrowly avoided being paralysed.

St Helens-based W Swindells & Son (Roofing) Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation found the firm had failed to put measures in place to prevent workers falling through skylights.

St Marys Primary School in Chorley where a worker fell through the roof

 

Leyland Magistrates' Court was told that the firm had been hired to replace the roof on the school on Hornchurch Drive in Chorley. The skylights had been removed and the roof felted over, before another team was sent up to install new tiles.

The worker stepped backwards onto the unsupported felt over a skylight hole and fell three metres to the floor below, striking a partition wall as he fell.
He was in hospital for two months and will never be able to return to work due to the extent of his injuries. His wife has also had to give up work to care for him.

The court heard his injuries could have been avoided if Swindells had planned the work properly and arranged for pieces of plywood to be put over the skylight holes.

W Swindells & Son (Roofing) Ltd, of Hill School Road in St Helens, was fined £4,000 and ordered to pay £3,153 in prosecution costs after pleading guilty to a breach of the Work at Height Regulations 2005 on 13 September 2013.

Speaking after the hearing, HSE Inspector Chris Hatton said:

"The worker could easily have been killed when he fell through the roof and will be affected by his injuries for the rest of his life.

"If the company had taken the simple measure of fitting pieces of plywood over the holes then his injuries could have been avoided, but it failed to properly plan the work and anticipate the dangers.

"Sadly these types of incidents are all too common in the construction industry and firms need to do more to look after the safety of people working at height."

Hampshire firm in court after worker's fall

A south-west Hampshire firm has been fined after an employee fractured his forearm in a two metre fall from an unguarded office roof that had been used to store boxes.

Cannon Technologies Ltd, of New Milton, had been using the internal area over the office as an improvised storage area and it was commonplace for staff to use a set of steps to climb up to get flat packed boxes.

West Hampshire Magistrates heard that on 9 July 2012, a 27 year-old worker, who has asked not to be named, fell from the roof when his foot got tangled in a coil of wires. As well as injuring his forearm, which will still not fully straighten, he also broke a toe.

The incident was investigated by the Health and Safety Executive (HSE), which prosecuted Cannon Technologies Ltd for safety failings. HSE found the company, which makes enclosure systems for data centres, IT and telecoms, had failed to provide any edge protection around the office roof and a better method of accessing the area.

The court was told the employee used a set of airplane steps to get to the roof and had passed down the flat-packed boxes that were needed. As he started to climb back onto the steps, his foot became caught in the wire, causing him to lose his balance. The steps rocked from side to side before toppling over and he fell to the packing room floor. He has since returned to work.

Cannon Technologies Ltd, of Queensway, New Milton, was fined £14,000 and ordered to pay £2,740 in costs after admitting a breach of the Work at Height Regulations 2005.

After the hearing, HSE Inspector Rob Hassell said:

"This was a preventable incident and an avoidable injury if only the company had employed good sense and opened their eyes to the obvious risks.
"Installing suitable protection around the edge and a safer method of getting up and down again from the roof was quite straightforward and Cannon Technologies Ltd has since put these in place.

"It is a reminder though that just because something has become custom and practice, does not mean that employees and companies should not question existing work methods.

"Falling from height remains one of the common causes of deaths and injury and employers must ensure they identify what safety precautions they need to take and then implement them."

Firm fined after worker falls eleven feet through roof

A Walsall maintenance firm has been fined after an employee was seriously injured when he fell 11 feet through a fragile roof during poorly-managed roof work in Nottingham.

Stephen Bassford, 58, from Nottingham, fractured his pelvis, wrenched his shoulder and sustained severe gashes to his face and left elbow in the incident on 4 July 2012. He required extensive physiotherapy and stitches and was unable to work for four months.

Data Contracts Specialist Maintenance Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation into the fall identified safety failings.

Nottingham Magistrates' Court heard that Mr Bassford was working alone for the company at the former Shepherd Special School, on Harvey Road. He was boarding over broken rooflights on the main building as well as a fragile roof canopy that covered part of the playground.

Heavy rain caused Mr Bassford to stop work and as he was collecting his tools, he slipped and fell through the fragile perspex roof canopy and plunged to the concrete floor below.

HSE found that Data Contracts Specialist Maintenance Ltd failed to carry out an adequate risk assessment or properly plan or supervise the work.

The firm had highlighted the need for a scaffold and harness system in its quotation for the work, but neither was put in place.

Magistrates were told that had simple measures been in place to prevent or mitigate a fall, such as scaffolding or a harness; or steps taken to prevent Mr Bassford working near, or on a fragile surface, then the incident could have been avoided.
Mr Bassford had worked for the company for 18 years, but had never received any training or instructions for working safely at height.

Data Contracts Specialist Maintenance Ltd, of Green Lane, Walsall, was fined £11,000 and ordered to pay £9,732 in costs after pleading guilty to two separate breaches of the Work at Height Regulations 2005.

Speaking after the prosecution, HSE Inspector Frances Bailey said:

"Mr Bassford sustained serious injuries and could have died as a result of the fall. He had been working alone at the derelict school, so it was fortunate that he was able to call the emergency services himself after the incident occurred".

"The dangers of working at height and near fragile materials are well known, yet incidents of this kind occur all too often. This fall could have easily been prevented if Data Contracts Specialist Maintenance Ltd had properly assessed the risks and put simple measures in place to minimise them. The implementation of an appropriate plan would also have ensured that anyone undertaking the work was properly supervised and protected.

"This prosecution should serve as a reminder to all companies of their legal duties to manage safety and provide the protection required to safeguard workers from falls."

Poor standards and unsafe work on building sites in the East and West Midlands are being targeted this month. Local HSE inspectors will be part of a national team making more than 2,000 unannounced visits to construction sites across the country. They will be checking to ensure high-risk activities, such as working at height are being properly managed.

Fire fighters - industrial action

The Fire Brigade Union (FBU) have announced their intention to take strike action, the first strike will commence in England and Wales only on 25 September 2013 from midday to 4.00pm.

The Government response to this industrial action has been coordinated by the Department for Communities and Local Government (DCLG) in close liaison with the Scottish and Welsh Government. These Departments have been working with Local Fire and Rescue Authorities to ensure that appropriate contingency plans are in place to deliver any alternative arrangements needed.
Their top line advice for businesses at this time is to:

• Review your current fire risk assessment
• Check your detection systems
• Make sure escape plans are in place and employees know them
• Avoid arson risks, such as rubbish left around.

More detailed information can be found on the dedicated website

Enforcement of fire safety

Local Fire and Rescue Authorities (FRAs) are responsible for enforcing general fire safety precautions (GFPs) in the majority of workplaces, buildings and dwellings – this includes fire doors and means of escape, fire fighting equipment on premises, fire alarms and smoke detectors and fire drills and training employees in fire mitigation.
Exceptions where HSE has responsibility for GFPs are:

• on construction sites- or for comprehensive guidance see HSG 168
• with respect to ship-building and repair

The Office for Nuclear Regulation (ONR) enforce GFPs at nuclear sites.
Generally, HSE has the responsibility for enforcement of process fire precautions (PFPs) which are measures that are designed to prevent or reduce the likelihood of a fire arising from a work process; this could be connected with safe use of plant or machinery, or the use or storage of dangerous substances.

Major Industrial sites

HSE, Environment Agency, Scottish Environment Protection Agency and Natural Resources Wales, as the Competent Authority for the enforcement of the Control of Major Accident Hazard (COMAH) legislation, have written to site operators to make them aware of the possibility of industrial action by fire fighters. The letter aims to encourage them to consider the implications of, and risks associated with reduced emergency response cover and where appropriate provide supplementary measures and arrangements to prevent potential major accidents and to minimise their consequences.

Shoddy gas work put lives at risk at Newton Abbot home

Three gas engineers failed to spot and rectify serious gas safety failings at a rented Devon home - putting a family at risk of death, injury or ill health from carbon monoxide poisoning, a court has heard.

In a prosecution brought by the Health and Safety Executive (HSE), Newton Abbot Magistrates' Court was told that all three men separately completed annual gas safety checks at the Newton Abbot property on behalf of a landlord, but overlooked obvious concerns.

This was despite them being legally authorised and seemingly competent to undertake gas work.

Magistrates heard that a tenant at the house on Fairfield Terrace, which she shared with her daughter and son, complained of feeling ill as a result of inhaling fumes from a gas fire. Subsequent checks by gas safety experts revealed failings that should have been picked up by the respective engineers.
The matter was passed to HSE, who established that Stephen Carter, of Barton Drive, Newton Abbot, was asked to carry out safety checks in December 2010. He issued a gas safety certificate, even though a fire and back boiler were inadequately ventilated and sealed, and failed to check the supply of combustion air.

His son Matthew Carter, of the same address, was then asked by the landlord to carry out the next annual safety check in November 2011. He too issued a certificate without identifying the same problems.

Then in September 2012, Brian McManus, of Shirwell Rise South, Queensway, Torquay, was contacted by the landlord to carry out the safety check. Although he identified problems with ventilation, he did not isolate the gas fire and proceeded to carry out unsatisfactory repairs.

Thorough checks when the tenant reported feeling unwell highlighted inadequate ventilation for the fire and back boiler in the lounge, and also that the fire surround was not properly sealed. This meant the products of combustion, including poisonous carbon monoxide gas, could escape into the room.

Stephen Carter pleaded guilty to a single breach of the Health and Safety at Work Act 1974 and two breaches of the Gas Safety (Installation and Use) Regulations 1998. He was fined a total of £750 and ordered to pay costs of £734.

Matthew Carter pleaded guilty to the same breaches and was also fined £750 with costs of £734.

Brian McManus pleaded guilty to a separate single breach of the Health and Safety at Work Act 1974 and the same two Gas Safety (Installation and Use) Regulations 1998 failings. He was fined a total of £750 and ordered to pay costs of £375.

Speaking after the hearing, HSE Inspector Simon Jones said:
"The three engineers failed in their duty to identify and repair the serious safety issues, and fell well short of the standards you expect from seemingly competent registered professionals.

"The issues relating to ventilation and sealing should have been identified and dealt with. Instead the landlord's tenants were put at unnecessary risk and were misled into believing the gas appliances were safe to use.

"Gas engineers must do a thorough and competent job every time because if they don't the consequences can be devastating."

South Devon property maintenance man forged gas records

A man who ran a property maintenance business has been given a suspended prison sentence and ordered to carry out community work for forging the details of a Gas Safe registered engineer and carrying out illegal gas safety checks.

Adrian Hunt, 42, carried out the compulsory annual safety checks on rented domestic properties in Dawlish, where he lives, on behalf of landlords and managing agents despite not being on the Gas Safe Register.

In a prosecution brought by the Health and Safety Executive (HSE), Newton Abbot Magistrates heard that Mr Hunt's services were used by a number of managing agents in South Devon.

He offered to organise the safety checks and often used a registered Gas Safe engineer, but on at least three occasions, at properties in Brook Street and Brookdale Terrace, Dawlish, he did the checks himself and filled out the gas safety record using the details of a real Gas Safe registered engineer. Mr Hunt failed to check the supply of combustion air after working on gas appliances.
The issue came to light when the registered gas engineer went to a property and saw his details had been filled out on the record with someone else's handwriting.

Adrian Hunt of Holman Close, Dawlish, was found guilty of breaching Regulations 3(3), 3(7) and 26(9)(b), of the Gas Safety (Installation and Use) Regulations 1998, and Section 3(2) of the Health and Safety at Work Act 1974. He was sentenced to 120 days in prison, suspended for 18 months and ordered to carry out 150 hours of unpaid community work. He was also ordered to pay costs of £5,000.

Speaking after the hearing, HSE Inspector Simon Jones, said:
"Tenants were put at real risk by the actions of Adrian Hunt when he deliberately misled landlords and tenants into believing that gas appliances were safe to use.

"Landlords and tenants should be able to rely on the honesty of people who undertake important safety checks on gas appliances at their properties.
"Annual landlord gas safety checks are important because of the dangers from carbon monoxide poisoning and fire and explosion from faulty or poorly maintained gas appliances, which a reliable landlord gas safety check will highlight."

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

"Gas work should only be undertaken by a suitably qualified and competent Gas Safe registered engineer. Every registered engineer carries an ID card which shows they are who they say they are and which clearly shows the types of gas work they can carry out. You can check the ID of an engineer by visiting www.gassaferegister.co.uk or calling 0800 408 550."

Builder pays price for unsafe work

The owner of a Leeds building firm has appeared in court after two workers were injured, one seriously, when they fell from a mezzanine floor they were dismantling.

One worker, then 61 and from Seacroft, broke two vertebrae and was in hospital for five days following the incident on 15 July 2012. He has been unable to continue working in the construction industry because of impaired lifting and carrying abilities.

The second man, then 18 and from Halton, suffered concussion, but has since made a full recovery.

The mezzanine, in a Cross Green warehouse that was being vacated, was being purchased by George Simms, a partner in Simco Services, who brought in the two men to dismantle it.

Leeds Magistrates heard (18 Sept) that Mr Simms gave inadequate thought to planning the work, and existing handrails, intended to prevent falls from the mezzanine, were removed. As the work went on, it is thought one of the boards broke and the two men fell to the concrete floor below.

The incident was investigated by the Health and Safety Executive (HSE), which prosecuted George Simms for a breach of the Work at Height Regulations.
HSE told the court that Mr Simms had not considered how the work should be undertaken and this led to the two men working at height with no safeguards in place to prevent them falling. The men were repeatedly required to work close to the open edges, often while carrying materials and tools, making a fall more likely.

The investigation was unable to identify exactly how the two workers fell together but a probability was that a board broke, causing it to slip. However, HSE said it was the ad-hoc nature of the work which ultimately led to the serious risks faced by the men.

George Simms, of Ramshead Drive, Seacroft, Leeds, was fined £2,000 and ordered to pay £3,210 in costs after admitting a breach of Regulation 4(1) of the Work at Height Regulations 2005.

After the hearing, Inspector Martin Hutton said:

"The two men who fell from height could easily have been killed. While one has been lucky enough to make a good recovery, the other suffered lasting spinal injuries which meant he had to give up work.

"As far as Mr Simms goes, his only method of work was an unsafe, poorly-planned one, presenting abundant risks to workers of falling off or through the mezzanine.

"Work at height is the single biggest cause of fatal incidents in the workplace and proper planning is vital to ensure it can be carried out safely. That includes choosing the most suitable equipment and making sure work is properly supervised."

Pirelli in court over injuries at Carlisle tyre factory

Tyre manufacturer Pirelli has appeared in court after an employee sustained major injuries to his left arm when it became trapped in a tyre-testing machine.

The machine which caused the worker's injuries

 

The 57-year-old from Carlisle, who has asked not to be named, broke his arm in three places, was off work for four months and still has difficulty moving his shoulder following the incident on 3 January 2012.

Pirelli Tyres Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation found that the safety procedures for carrying out maintenance work on the machine were poor.

Carlisle Magistrates' Court heard the worker was trying to fix a fault on the machine, which lubricates, inflates and then measures tyres, which occurred when it was switched back on following the Christmas shutdown.

He switched it to manual mode and removed one of the guards to repair the fault in the lubricating part of the machine. The employee then returned the machine to automatic mode and it processed two tyres successfully before becoming struck again.

Without thinking, he reached back into the machine which then began operating, trapping his arm.

The HSE investigation found that the fault had occurred several times in the past after the machine was restarted following previous Christmas shutdowns, but Pirelli had failed to carry out a specific risk assessment for this maintenance work.

There was also limited supervision of the maintenance employees, general knowledge of the company's written health and safety procedures was poor, and there was no system in place to check that the company's Safe Working Procedures guidelines were being followed in practice.

Pirelli Tyres Ltd, of Derby Road in Burton-on-Trent, Staffordshire, was fined £20,000 and ordered to pay £4,330 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974 on 21 August 2013.
Speaking after the hearing, HSE Inspector Michael Griffiths said:

"A moment's lapse in concentration left an employee with major injuries to his left arm because Pirelli's management of the risks from maintenance work wasn't good enough.

"The fault with the machine had occurred before, following previous Christmas breaks, but the company didn't have a specific risk assessment in place to make sure it could be fixed safely.

"Although Pirelli did have written Safe Working Procedures, they were not effective because the employees were either unaware of them or weren't following them, and no effort was made to check that the procedures were being followed.

"This incident could have been avoided if Pirelli had done more to make sure that risks were being properly assessed and its employees were following safe working practices."

Plastics firm fined after heavy bale topples onto worker

A Preston worker could have been killed when a 400kg bale struck him as it toppled from a forklift truck, a court has heard.

The metre-high cube of recycled plastic was being moved at Preston Plastics Ltd's plant on Lancaster Road in Out Rawcliffe when the incident happened on 18 August 2011.

The company was prosecuted by the Health and Safety Executive (HSE) after an investigation found the firm had failed to plan the lifting operations properly so that the work could be carried out safely.

Preston Magistrates' Court heard the 26-year-old local man was injured when the driver of the forklift lifted up two bales from a stack in the warehouse by clamping hold of the bottom bale, with the other one resting on top.

As he moved the bales, the top one toppled from the forklift and struck the worker, who was sweeping up bits of plastic. He was thrown to the floor as it hit his hands and head, and suffered a fracture to his spine which required a back brace while it healed.

The court was told HSE guidance advises against using forklift trucks to lift two heavy items, with one resting on top of the other, following several deaths caused by toppling loads. However, the company had failed to properly plan the work in advance to avoid this danger.

Preston Plastics Ltd, of Pittman Way in Fulwood, Preston, pleaded guilty to a breach of the Lifting Operations and Lifting Equipment Regulations 1998. The company was fined £10,000 and ordered to pay £4,533 in prosecution costs.

Speaking after the hearing, HSE Inspector Rohan Lye said:

"The employee at Preston Plastics was badly injured when he was struck by the 400kg bale, but his injuries could easily have been fatal.

"The firm had a legal duty to make sure the work was properly planned, supervised and carried out safely but it failed to do any of this. What's worse is that the forklift truck was regularly used to lift two bales at once, making it almost inevitable that someone would be injured.

"The company has since changed its working practices so that the forklift truck is now only used to lift one bale at a time. If that procedure had been in place at the time of the incident, then the worker's injuries could have been avoided."

The waste and recycling sector has been classified as one of the most dangerous industries in Britain, with a death rate that is 16 times the national average. The latest figures show a total of ten workers lost their lives in the industry in 2012/13

Builder fined after worker falls through roof

A Leicestershire builder has been fined for safety failings after a sub-contractor broke his neck and arm when he fell through a fragile roof light.

Self-employed James Beeston had been hired to carry out minor building works and repairs at a factory in Station Road, Bagworth. Part of the work involved replacing roof lights comprising a single strip of Perspex running along the middle of each roof pitch.

Leicester Magistrates’ Court was told that sub-contractor Kline Wilkins, 45, of Coalville, was helping Mr Beeston to replace the lights with solid strips of roof sheeting using a jig. He was kneeling on a board over one of the Perspex roof lights trying to get the jig to work. Mr Beeston came round to show him what to do but as Mr Wilkins moved out of the way, he fell through a fragile roof light behind him to the concrete floor three metres below.

Mr Wilkins was airlifted to hospital with a fractured neck and right arm. He also suffered soft tissue damage to his kidneys and hip. He has still not returned to work but hopes to do so in the next two months.

An investigation by the Health and Safety Executive (HSE) into the incident, on 7 May 2013, found Mr Beeston had failed to provide any suitable safety measures to prevent a fall through the fragile roof material.

James Beeston, of Limby Hall Lane, Swannington, Coalville, pleaded guilty to breaching Regulation 9(2)(a)of the Work at Height Regulations 2005. He was fined £3,000 and ordered to pay costs of £397.

Speaking after the hearing HSE Inspector Tony Mitchell said:

“Mr Wilkins is lucky to be alive as work at height on fragile roofs is a significant cause of fatal incidents. The risks are widely known in the construction industry, as are the measures needed to reduce those risks.

“Companies or individuals, such as Mr Beeston, who don’t provide a safe system of work or fail to comply with the required standard can expect to be brought before the courts.”

Company prosecuted for worker fall failings

A Cheltenham company has been fined for safety failings after a worker was seriously injured when he fell more than 11 metres through a barn roof while installing solar panels.

Daniel Harvey, 28, of Winchcombe, broke his back in three places, fractured his pelvis, broke several ribs, lacerated his liver and punctured a lung in the incident at a farm in Westbury-on-Severn on 10 December 2012.

He is still unable to work and is awaiting a further operation that will determine his long-term prognosis.

Mr Harvey's employer, BCL Renewables Limited, of Andoversford, was prosecuted by the Health and Safety Executive (HSE) after an investigation identified concerns with unsafe work at height.

Cheltenham Magistrates' Court heard on 6 September that Mr Harvey was working with a colleague to install some 624 solar panels to the roofs of four barns.

He was on a barn roof attaching fixing brackets for the solar panels when the part of the roof he was stood on gave way, sending him crashing 11 metres to the concrete floor below.

HSE found there was nothing in place to prevent or mitigate a fall, such as edge protection, crawl boards, or netting, and that the work was poorly planned and inadequately risk assessed.

Magistrates were also told that Mr Harvey had received no formal training and had only worked at the company for five weeks.

BCL Renewables Limited, of Andoversford Industrial Estate, Andovesrford, Cheltenham, was fined £20,000 and ordered to pay a further £1,837 in costs after being found guilty in absentia of a single breach of the Work at Height Regulations 2005.

The company recently entered voluntary administration and offered no defence in court.
Speaking after the hearing, HSE inspector Paul Newton commented:

"Work at height is inherently fraught with risk, and it is vital that adequate measures and safeguards are in place to prevent falls and protect workers.

"You would expect a company specialising in the installation of solar panels to be well aware of the dangers and the required safety standards, but it would appear not from the evidence we uncovered.

"BCL Renewables fell well below the required standards and Mr Harvey sustained potentially life-changing injuries as a result. He could have been killed, and I hope his completely avoidable experience sends a clear message to all involved in the emerging energy market that they must not compromise safety."

Norwich director gets suspended prison and community service for dangerous electrics

The director of a Norwich giftware manufacturing company has been given a suspended six-month prison sentence and 180 hours of community service for safety failings in relation to electrical systems at the company's premises.

Norwich Crown Court heard that an investigation by the Health and Safety Executive (HSE) had found that Mr Lustig was found to have dangerous electrical installations and equipment in his workplace.

In addition, inspectors told the court that the company and its director, Michael Lustig, had failed to report the fall of an employee despite it being classed as a major incident.

Dorothy Amos, aged 49, had been working at Homenaturals Ltd's manufacturing plant on Burton Close, Norwich, when the incident occurred on 19 December 2011.

She had slipped on a floor strewn with debris from the manufacturing process and sustained a serious leg fracture that has kept her off work ever since.
Mr Lustig was found guilty of breaching Section 3(2) of the Health and Safety at Work etc. Act 1974 in relation to the electrical systems at the manufacturing unit. The prison sentence he received will be suspended for 18 months and he was also disqualified from being a company director for three years.

In addition, both Homenaturals Ltd, of Burton Close, Norwich, and Mikael Lustig in his capacity as sole director of the company, admitted a single breach of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.
Mr Lustig and the company were fined a total of £300 for failing to report Mrs Amos's fall.

After the hearing, HSE Inspector Malcolm Crowther, said:

"Employers and the self-employed have a legal duty to ensure electrical installations and equipment are safe for use. You should always use a qualified electrician when you install wiring and equipment, and get the electrics periodically checked and tested by an electrician.

"Additionally, the Health and Safety Executive identified a number of issues in relation to Mrs Amos's fall, which could easily have been avoided had the floor surface been free of debris and kept clear and tidy.

"Incidents and injuries like this must be reported, and this did not happen.

"HSE will not hesitate to prosecute where failings of this kind occur and where workers are placed at unnecessary risk."