Business owner sentenced for customer death failings

The owner of a Berkshire car maintenance business has been sentenced for safety failings after reversing into and killing a customer in his van.

Frederick Gleeson, 79, from Staines, Surrey, sustained fatal head injuries in the incident at Complete Car Care on Welley Road, Wraysbury, on 12 March 2012.
He was struck by a van driven by sole trader Mark Walker after dropping his car at the domestic business to have an oil leak checked.

Reading Crown Court heard during a week-long trial that Mr Gleeson was in the driveway of the premises as Mark Walker started to reverse his van along the drive to leave the garage.

Mr Gleeson was unable to react in time as the van came towards him and was knocked over, banging his head on the drive. He was rushed to Wrexham Park Hospital but died later the same day from his injuries.

A subsequent investigation by the Health and Safety Executive (HSE) identified that Mark Walker had no system in place for safely managing the movement of vehicles, particularly reversing vehicles, in his yard.

The court was told his van had no direct rear visibility, and that a rear monitoring camera that had retrospectively been fitted to the vehicle wasn’t used.
HSE also established that Mark Walker did not physically check whether the route was clear of any person or arrange for assistance when reversing.
The business owner was today (18 December) fined £7,500 and ordered to undertake 250 hours of community work after being found guilty of two separate breaches of the Health and Safety at Work etc Act 1974. He is also liable for £75,000 in prosecution costs, which will be covered through insurance.
In his summing up, the judge ruled that Mark Walker’s breach of duty was a direct cause of Mr Gleeson’s death.

After sentencing HSE Inspector Nigel Fitzhugh said:

“Mr Gleeson’s tragic death was entirely preventable, and could have been avoided had Mark Walker taken precautions before reversing his van.

“Managing the movement of vehicles at his premises was entirely his responsibility and it is clear there was no system in place to control this. Pedestrians and vehicles should always be segregated, and if that cannot happen then other precautions should be put in place.

“On this occasion that should, at the very least, have included checking the rear of the van before reversing with assistance if necessary, or putting in place a system that meant he did not have to reverse from his premises, neither of which happened.”

West Yorkshire firm neglected safety for staff

A Leeds-based company has been fined after it ignored health and safety regulations over several years, leaving several employees with disabling vibration-related disease.

Onesubsea UK Ltd was prosecuted by the Health and Safety Executive (HSE) for failing to act on known advice and guidance to protect workers from the risks of developing the debilitating hand arm vibration syndrome (HAVS).   Leeds Crown Court was told that between 1999 and 2010, the company, then known as Cameron Ltd, exposed employees to risks to their health and safety from the repeated use of hand-held power tools.

Onesubsea UK Ltd makes valve assemblies and flow line parts and supplies the worldwide oil and gas industries. At the time, around 450 of the 1,000 Leeds workers were on the shop floor and a significant number regularly used air guns, grinders, sanders, drills and torque wrenches.

After health surveillance re-started at its factory in Queen Street, Stourton, 24 workers were identified as having symptoms of vibration-related disease during the two-year period to March 2012.  Some had developed them in the late 1990s but had been given little or no health surveillance and no adequate remedial steps were taken to reduce the risks to staff.

As a result, a number of employees had developed long-term damage to their circulation and nervous systems after contracting HAVS after prolonged use of powered pneumatic hand tools.   HSE’s investigation was prompted by reports it received under a statutory system obligating employers to notify HSE of certain health conditions among their workforces.

HSE identified multiple failings by Onesubsea UK Ltd over a protracted period. The firm:

• Didn’t properly assess the risks from use of the powered hand tools, or take into account multi-tool use by employees
• Failed to take steps to control the risks which were known, and failed to produce a coherent plan to introduce controls within a timescale
• Failed to reduce vibration exposure by modifying existing processes, or replacing tools with updated models
• Failed to provide an on-going health surveillance programme designed to monitor and address risks to staff
• Did not provide employees with adequate training and information on the safe use of tools, nor carry out maintenance of equipment properly

Onesubsea UK Ltd, registered at New Bridge Street, Westminster, London, was fined £52,500 and ordered to pay £92,000 in costs after pleading guilty to a breach of Section 2(1) of the Health and Safety at Work etc Act 1974.

After the hearing, HSE Inspector Kate Dixon said:

“A number of employees of Onesubsea UK Ltd developed debilitating symptoms or suffered worsening of existing symptoms. As a result the lives of some have been forever changed. HAVS is preventable but once the damage is done, and it can be permanent.

“Focus should be placed on eliminating or controlling exposure to vibration. There are cost-effective and simple ways of reducing the risk of HAVS which should be implemented. A good health surveillance system is vital to detect  signs of vibration-related symptoms at an early stage. It is imperative that management then respond actively and appropriately to any such signs.

“Onesubsea UK Ltd did not comply with their statutory duties for a period of several years despite being aware of the risks associated with the use of vibrating hand tools. Their management of health and safety fell well below acceptable standards and a number of workers are now paying the price.”

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Updated guidance on dangerous substances in the workplace

Five pieces of health and safety guidance have been combined to help employers more quickly and easily understand how to protect their workers from dangerous substances and explosive atmospheres.

The Health and Safety Executive (HSE) has consolidated five Approved Codes of Practice (ACOPs) under the Dangerous Substances and Explosive Atmospheres Regulations (DSEAR), covering issues from plant design and operation, through to maintenance.
  
The consolidated document (with the series code L138) is relevant to businesses handling or storing flammable substances. It is available to download or purchase from the HSE website at:
 
http://www.hse.gov.uk/pubns/books/l138.htm

The new ACOP is being introduced following public consultation and ministerial and HSE Board approval.

Kären Clayton, Director of HSE’s Long Latency Health Risks Division, explained: “The text is now clearer and simpler overall and merging the five ACOPs eliminates repetition across the original documents. Navigation has been improved with an enhanced contents list to enable the dutyholder to find the advice that is of most interest to them.”

Legal responsibilities (ie the requirements of the DSEAR regulations) to protect workers’ safety are not altered by any redrafting to the ACOP.

Consultation opens on plans to simplify petrol legislation

The Health and Safety Executive (HSE) has launched an eight-week consultation on plans to simplify and modernise legislation on the storage of petroleum. 

HSE is inviting comments on proposals to consolidate and refine eight pieces of legislation that apply to the storage of petrol at workplaces that dispense petrol, mainly petrol stations, and non-workplace premises such as private homes. 

Kären Clayton, Director of HSE’s Long Latency Health Risks Division, said:
 “The proposal is to revoke all existing legislation and consolidate the provisions to be maintained into one single set of new regulations. This will modernise and simplify the current legislative arrangements whilst maintaining existing standards of safety.”

The development of the new regulations has been carried out in an open and collaborative way, drawing on a wide range of views from industry, regulators, other government departments and hobbyists, eg boating, vintage cars etc.
The key change for petrol filling stations is the proposal to move away from licensing and to introduce a petroleum storage certificate, which will remain valid unless there is a significant change or the site is closed. This proposal has support from both industry and regulators.

The regulations will also provide clarification on the amounts that can be stored at home and the types of containers that can be used.

The consultation is open until 7 February 2014. The HSE Board will make recommendations to ministers after consideration of the consultation responses.

Illegal gas fitter in the dock over ‘dangerous’ work

An unregistered gas fitter put a Sheffield family in danger when he illegally installed a boiler and left it in an immediately dangerous condition, a court has heard.

A week after gas experts capped it off and attached a warning notice, Mahmood Khan, of Sheffield, returned. He ignored the fact that the boiler at the family’s rented home in City Road had been capped off, ignored a warning notice, ignored the faults and reconnected the supply.

Sheffield Magistrates Court heard that in doing so, he had displayed a total disregard for the family, a mother and two children, and had knowingly exposed them to serious risk of injury, or even death, over several weeks.

The prosecution of Mr Khan was instigated after an investigation by the Health and Safety Executive (HSE), which had been alerted by a National Grid engineer in January 2012.

The court heard the engineer visited the City Road property and found the central heating boiler was ‘immediately dangerous’. He capped it off, left a warning notice and told the tenant it needed to be repaired by a Gas Safe registered engineer.

The tenant informed the landlord by phone the same day and the HSE wrote to her a day later repeating the engineer’s advice. However, a week later Mr Khan visited the property and reconnected the boiler but failed to rectify any of the defects.

A few weeks later, HSE again wrote to the landlord advising her to have the boiler checked and asked for the details of the man who had reconnected it but received no reply.

In March, a Gas Safe regional investigator visited the tenant’s home and found the boiler had been reconnected and left in a still-dangerous condition. He again capped it off and left another warning notice. The landlord then did acquire a new boiler and had it fitted by a Gas Safe registered engineer.

The court was told the identification of Mr Khan had not been possible until the landlord of the property, herself prosecuted by HSE last year for several breaches of the Gas Safety regulations relating to the same property, finally provided sufficient information.

Mahmood Khan, Pye Bank Road, Sheffield, pleaded guilty to four offences under the Gas Safety (Installation and Use) Regulations 1998 committed between 15 July 2011 and 15 March 2012. He was handed a suspended six month jail sentence (six months per offence but to run concurrently) and was also ordered to pay £600 in costs. His sentence is suspended for twelve months.

HSE Inspector Denise Fotheringham, speaking after the case, said:

“Not only was this person incompetent, unqualified and working illegally with gas fittings, he was careless of the risk and the lives of a woman and her two children.

“He had originally fitted a second-hand boiler and left it in a dangerous state. He later ignored the capping off of the boiler and also the highly visible warnings saying ‘immediately dangerous’ and proceeded to reconnect it, obviously leaving it still dangerous. It demonstrated a chilling disregard for the safety of others.
“People who work on gas fittings and appliances must be competent to do so and must be registered with Gas Safe. HSE will prosecute unregistered gas fitters who operate illegally as they are the people who put others at risk of serious personal injury, or death.”

Russell Kramer, Chief Executive of Gas Safe Register, commented:

“A quarter of a million illegal gas jobs are carried out every year by people who don’t have the skills or the qualifications to work safely with gas. One in five of the illegal gas jobs we investigate are found to be immediately dangerous, as was the case in this instance.

“This means that the work could lead to a gas leak, fire, explosion or carbon monoxide poisoning. It is therefore vital that people always make sure they only use a registered gas engineer.

Dorset firm fined after Christmas crane collapse

  McCarthy & Stone – crane jib being dismantled after collapse

A Dorset-based property developer has been told to pay a total of £97,681 after residents living near one of its construction sites in Essex were evacuated when a 45 metre crane jib collapsed.

The incident was one of two that happened in December 2011 at a site in South Road, Saffron Walden. Both were investigated by the Health and Safety Executive (HSE) which prosecuted McCarthy & Stone Retirement Lifestyles Ltd.

Chelmsford Crown Court heard that the company employed its own team of crane erectors for a project to construct new retirement apartments on the site. A 24 metre tall tower crane, which had a 45 metre long jib, was installed in early December 2011.

The court heard that on 15 December crane erectors were carrying out a test lift when the lifting rope broke, causing a heavy block and seven tonne test load to fall onto a trailer. No one was injured but witnesses described how the crane and jib recoiled violently, bucking back and forth.

A new lifting rope was installed, but the crane remained unused pending the delivery of a new “load indicator” rope.

But two days before Christmas, on 23 December, the crane’s jib collapsed, causing the 280kg hook block to swing and fall outside the boundary of the construction site. The heavy steel block broke in two, partly demolishing a garage and fence belonging to a neighbouring developer. The bent jib was left hanging vertically from the top of the tower crane.

Fortunately, both construction sites had closed for the Christmas break and no one was injured. However, emergency services evacuated 30-40 residents from nearby homes while the area was made safe. Those evacuated were able to return home for Christmas Day.

HSE found that safety-critical high-tensile steel bolt connections had not been suitably installed and maintained in the crane jib.

Evidence indicated that the correct pre-tension torque was not applied to tighten these vital components and that no suitable lubrication regime was implemented.

The crane had been subjected to damage in the first incident, when the lifting rope failed.

Clearly, at this point, the company could have ensured that a thorough mechanical examination of the crane was carried out, but it failed to do so. In fact, little more than a visual examination was carried out and the crane later collapsed after the connecting components in the lower jib failed in tension.
McCarthy & Stone Retirement Lifestyles Ltd, of Homelife House, Oxford Road, Bournemouth, was fined a total of £50,000 including a victim surcharge and ordered to pay £47,681 in costs after pleading guilty to breaching Sections 2 and 3(1) of the Health and Safety at Work etc Act 1974 at an earlier hearing.
Speaking after the sentencing hearing HSE Principal Inspector Norman Macritchie, said:

“It is only by good fortune that no one was injured or killed in these incidents. The jib collapse may have been avoided had the company identified and repaired any damage caused by the earlier incident when the lifting rope broke.
“Tower cranes are among the larger, more complex, items of plant used in construction and routinely move heavy loads at considerable height.

“Those who install lifting equipment and those who plan, organise and carry out lifting operations must ensure that these activities are carried out safely – the public is entitled to expect nothing less.

“My thanks go to the emergency services and members of the public for their assistance in this investigation.”

Builder sentenced over colleague’s fall

A building worker suffered life-changing injuries in a fall after a colleague loosened a scaffolding guardrail which later gave way, a court has heard.

The 42-year-old self-employed labourer from Bristol, who does not wish to be named, broke his back after falling nearly three metres to the ground at the building site in Cheddar.  He remains unable to work and may never be to carry out manual labour again.

The incident was investigated by the Health and Safety Executive (HSE), which prosecuted the building worker for safety failings.

Taunton Magistrates’ Court was told that a fellow builder, David Dix, 52, was also working on the construction site at a care home in Tweentown on 30 January 2013. Mr Dix loosened ascaffold guardrail to try and resolve a problem he had encountered.   However Mr Dix failed to tighten it up properly again. Shortly afterwards, the other worker was emptying a muck bin when the guardrail gave way and he fell 2.8 metres to the ground.

David John Dix, of Cambrook Close, Camerton, near Bath, pleaded guilty to breaching Section 8 of the Health and Safety at Work etc. Act 1974. He was ordered to pay £700 compensation to the injured party.

After the hearing, HSE inspector Sue Adsett, said:

“What happened that day could easily have been avoided and will affect the injured man for the rest of his life. Scaffolding should only be altered by scaffolders, but David Dix took it upon himself to adjust some scaffolding when he was not authorised to do so, with disastrous consequences.

“He had no ulterior motive – like most construction workers he was simply trying to get on with the job when a problem arose that he was trying to overcome. The consequences of the incident have had a huge impact upon him as well.

“I hope this case makes construction workers stop and think before putting themselves and their colleagues at risk by altering scaffolding on building sites.”

Construction firm fined after five roofers injured in school steelwork collapse

A Worcestershire construction company has been ordered to pay fines and costs of more than £200,000 after five roofing contractors were seriously injured when a heavy steel canopy for a new secondary school collapsed.

The workers sustained injuries ranging from fractures and broken bones to cuts and bruising following a 13-metre plunge at the Abraham Darby Academy in Madeley, Telford, on 25 August 2011.

Droitwich-based Adstone Construction Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation identified failings with the steelwork that gave way.

Shrewsbury Crown Court heard that key pieces of the canopy truss steelwork were insufficiently welded together. As a result when the roofing contractors added further materials to the roof, key welds failed and the structure collapsed – taking the roofers with it and causing enormous damage to the front of the new school.

The collapsed canopy was 57 metres long and weighed in at over 40 tonnes. A large vertical steel support column for the canopy, called the ‘skylon’ also collapsed as a direct result of the canopy failure.

HSE found Adstone Construction Ltd, which was responsible for the structure, had failed to provide adequate instructions to those responsible for the fabrication and welding of the canopy truss, and failed to adequately inspect the completed work.

 One of the roof workers, Philip Drury Jr, 29, from Mansfield, was air-lifted to hospital strapped to a spinal board and in a neck brace. He was discharged after two days with damage diagnosed to two vertebrae and his shoulder.

Another worker, Mark Drury-Tuck, 32, who lives in Ripley, was taken by ambulance to hospital where he was kept in overnight for observation. He was left with pain in his ribs.

A third, Joshua Wolak, 24, from Edwinstowe, was kept in hospital overnight with a suspected fractured rib and multiple cuts and bruises.

The fourth, James Buchanan, 32, also from Edwinstowe, suffered arm injuries and swelling and bruising to his neck. He had to wear a neck brace for the two days he spent in hospital, and needed ultrasound scans and x-rays.

The final roof worker, Philip Drury Sr, 54, from Mansfield, had a fractured ankle, three cracked ribs with internal bruising, head injuries and cuts and bruising to his face and head.

Adstone Construction Ltd, of Wassage Way, Hampton Lovett Industrial Estate, Droitwich, was fined a total of £100,000 and ordered to pay £106,098 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 Andrew Bowker said:

“This incident had enormous potential for loss of life. The canopy collapsed suddenly and violently without warning taking the five roofers that were on it down over 13 metres to the ground on what can only be described as a terror ride. It is a miracle that they were not more seriously injured or even killed.
“Other construction workers had been working directly under the school canopy for most of the day installing windows in the new school. Fortunately they were not under the canopy when it collapsed.

“Adstone Construction Ltd fabricated the steelwork for the canopy and failed to ensure that critical welds within the design of the steel truss were completed to the required specification and size.

“This failure led the canopy to collapse as more roofing material was added.
“It is vital that companies carrying out this type of work have suitable and sufficient quality control measures in place in order to ensure that the structural integrity of the new building is never in question.”

Lincolnshire firm fined for worker fall failings

A Lincolnshire firm has been fined for safety failings after an employee seriously injured his back in a three-metre fall through a fragile roof at a Market Rasen farm.

The 30-year-old, from Scampton, who does not want to be named, fractured a vertebra and had to have metal plates inserted in his back as a result of the incident in Osgodby on 17 January this year.

His employer, Timmins Engineering and Construction Limited of Sturton-by-Stow, Lincoln, was prosecuted by the Health and Safety Executive (HSE) after an investigation identified concerns with the system of work in place at the time.

Lincoln Magistrates’ Court heard that the injured worker and a colleague were replacing fibre cement sheets on a storage building with steel sheets, using a mobile elevated work platform (MEWP), telehandler and crawler boards.

One was working inside the building from the MEWP, with the other on top of the roof using the crawler boards. Fixing bolts were cut from inside before the old sheets were slid out of the way to be removed by the telehandler, which was parked at the back of the building ready to take the load.

After an hour the worker inside the building joined the other on top of the roof to speed things up, but as he started to move the next roof sheet he slipped from the crawler board and stepped onto one of the cement sheets.

It wasn’t strong enough to take his weight and broke, sending him crashing to the ground below. He initially landed on his feet before falling over, with his back taking the impact.

 HSE established that although both workers were working to a pre-planned method of work, it was inherently unsafe and failed to mitigate the risks of working with fragile materials.

The court was told that the roofing work was eventually completed a week later using scissor lifts inside the building, and that had this equipment been provided to start with then the incident could have been prevented.

Timmins Engineering and Construction of Tillbridge Lane, Sturton-by-Stow, was fined a total of £4,000 and ordered to pay £985 in costs after pleading guilty to two separate breaches of the Work at Height Regulations 2005.

After the hearing, HSE Inspector Chris Copeman said:

“The worker sustained a serious injury that could have been avoided had a safer system of work been used for removing the fragile sheets.

“The risk of serious or even fatal injury is high and eminently foreseeable with this type of work, and it is vital that the correct equipment and methods are in place.

“The company eventually got it right by working from inside the building and avoiding the need to physically go onto the roof, but it is sad that it took a serious incident before this happened.”

Blackburn skip firm sentenced over young worker’s death

A Blackburn skip hire firm and its owner have been ordered to pay £80,000 in fines and costs after a 21-year-old worker was crushed to death.

Amin Qabil, from Afghanistan, was using a vehicle called a skid steer loader to move rubbish when the incident happened at Blackburn Skip Hire Ltd on 21 August 2010.

The company and its owner, Zarif Mohammed, were prosecuted by the Health and Safety Executive (HSE) after an investigation found the vehicle was unsafe to use and that Mr Qabil had not received any formal training.

Preston Crown Court heard that the firm had bought the second-hand skid steer loader at an auction in Doncaster, but had failed to ensure its safety features were working correctly when it used it at its warehouse on the Kensulate Park industrial estate.

The restraint bar had been disabled, which meant the controls could still be operated when no one was sitting in the cab. The minimum engine speed had also been increased, and a fault meant the vehicle could reverse unexpectedly.
Mr Qabil’s body was discovered just after midnight after the owner of a neighbouring business noticed the gates to the site were still open. He had suffered massive rear head injuries.

The HSE investigation concluded that the most likely explanation for his death is that he caught a lever as he climbed out of the cab and was crushed against the vehicle when the bucket on the front was raised.

Blackburn Skip Hire Ltd and Zarif Mohammed both 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.

Blackburn Skip Hire Ltd, of Lower Hollin Bank Street in Blackburn, was fined £60,000 and ordered to pay £19,000 in prosecution costs. Zarif Mohammed, 36, of Leamington Road in Blackburn, was ordered to carry out 160 hours of unpaid community work in the next 12 months and to pay costs of £1,000.

Speaking after the hearing, HSE Inspector Matt Greenly said:

“Amin Qabil’s life was brought to an end after he suffered horrific injuries caused by a vehicle that should never have been in use.

“Blackburn Skip Hire should have made sure the skid steer loader it bought at auction was safe to use, and that workers were properly trained. Instead vital safety features had been disabled and lives were put at risk as a result.

“The company and its owner had a legal and moral duty to look after the safety of Mr Qabil, but sadly their failings led to him losing his life.”

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.

Shropshire businessman fined for falsifying safety document

A Shropshire businessman, who supplies workplace vehicles and lifting equipment, has been fined for falsifying a safety document for a forklift truck.

Wolverhampton Magistrates’ Court was told that Stuart Jeavons intentionally made a false entry on a Report of Thorough Examination for the truck, a statutory document required by law to show that lifting equipment is in a good state of repair.

A Health and Safety Executive (HSE) investigation found Mr Jeavons had put the name of a genuine forklift truck supplier at the top of the report and forged a genuine examiner’s signature at the bottom.

Stuart Jeavons, 57, of Bridge Road, Broseley, was fined £2,400 and ordered to pay costs of £989 after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.

After the hearing HSE inspector Lyn Mizen said:

“Strict inspection regimes are there to ensure that lifting equipment is kept in good working order. The certification to support these examinations are key documents which a user of such equipment should be able to rely on to show the machine has been examined by a competent person and is safe to use.

“It is therefore critical that all aspects of inspection, examination and verification of the safety-critical parts of forklift trucks are carried out diligently, properly and with the highest level of integrity.

“HSE will not hesitate to hold people to account where it finds forged reports as it seriously endangers the health and safety of people at work.”

Port Talbot company in court over worker’s head injuries

A Port Talbot manufacturer has been fined for safety failings after an employee suffered serious injuries when her head became trapped between two machines.

Gaynor Gordon, 47, was attempting to retrieve aerosol cans that had fallen from the production line, beneath packaging machinery, at Envases (UK) Ltd, which produces aluminium containers, on 10 July 2012.

Neath Magistrates heard that as Mrs Gordon reached into an unguarded gap between the packaging machine and the strapping machine, a can collection basket lowered, trapping her head.

Her cries were quickly heard by colleagues, who released her from the machine. She was taken to hospital and treated for a fractured cheek and eye socket.
Mrs Gordon also suffered post-traumatic stress disorder and was unable to return to work until this October.  She also continues to experience damage to her vision in one eye.

The incident was investigated by the Health and Safety Executive (HSE) which found there was no guard to prevent access to dangerous moving parts of the machinery. HSE served a Prohibition Notice halting further use of the equipment until adequate guarding was installed.

Envases (UK) Ltd put fixed mesh guarding in place later the same day to bring the machine back into production, demonstrating that it was straightforward to control the risk.

Envases (UK) Ltd, of Baglan Industrial Park, Port Talbot, pleaded guilty to breaching Regulation 11(1) of the Provision of Work Equipment Regulations 1988. The company was fined £13,000 and ordered to pay costs of £6,590.
Speaking after the prosecution, HSE Inspector Clare Owen, said:

“Envases failed to guard this machine and the gap was large enough to allow Mrs Gordon access to dangerous moving machine parts. Sadly for Mrs Gordon this incident was both foreseeable and preventable.

“Luckily, colleagues were quickly able to release Mrs Gordon, which minimised her injuries. However, it has had a massive impact on her and she has only recently returned to work, some 18 months after the incident.

“This prosecution should send a strong signal to companies to identify and act on the risks presented by production machinery and to review the measures they have in place regularly.”

Staffordshire firm in court after worker shatters arm in dangerous machinery

A Leek company that weaves and dyes webbing for seatbelts and harnesses has been fined after an employee seriously injured his arm in an unguarded machine.

50-year-old Andrew Thomas from Leek, shattered his left forearm in the incident at Marling Leek Ltd on 13 August 2012, and needed five operations to pin and plate it.

The warping machine in which Mr Thomas was trapped

 

He returned to work in May 2013 but has been left with permanent scarring and reduced strength and feeling in his arm due to muscle loss and nerve damage.
Stafford Magistrates’ Court heard that Mr Thomas was operating a warping machine, which runs at between 150 and 220 rpm to take single ends of yarn from dozens of bobbins to warp them onto a single bobbin called a beam. This happens under tension through a series of rollers.

Mr Thomas was trying to retrieve a piece of loose yarn to stop it being wound on to the beam when his arm was dragged and crushed between two pre-tension rollers. He was trapped for approximately 30 minutes before the fire brigade dismantled the rollers to free him. He was then flown by air ambulance to hospital.

An investigation by the Health and Safety Executive (HSE) found the warping machine was installed in 1988, but that at no time did the company recognise the need to guard it -  exposing employees to significant risk for many years.
Although a risk assessment had been carried out it was not suitable or sufficient as it failed to identify the risk from the tension rollers, or that under specific legislation they were required by law to be guarded.

The risk assessment also failed to identify a risk of strangulation, as employees often crouched under up to 400 ends of strong yarn to get from one side of the machine to the other.   The court was told that Marling Leek Ltd was prosecuted on 20 June 2012 for a similar incident in its dye house in August 2011. The company resolved the issues in the dye house after being served with an Improvement Notice, but did not review other areas of the business where near identical failings existed.

Since the 2012 incident full, interlocked perimeter guards have been provided and the risk assessment has been updated.

Marling Leek Limited, of Marling Mills, Nelson Street, Leek, Staffordshire, was fined a total of £35,000 and ordered to pay a further £5,257 in costs after pleading guilty to breaching Regulation 11 (1) of the Provision and Use of Work Equipment Regulations 1998 and Regulation 3(1)(a) the Management of Health and Safety at Work Regulations 1999.

After the hearing, HSE Inspector Lyn Spooner said:

“It is very disappointing that this company had not learned the lessons following a prosecution for a very similar incident and allowed the same failings to continue to exist in a neighbouring department.

“The process of risk assessment is a vital process to allow a company to identify significant risk and ensure it is complying with the relevant statutory provisions. In this case the process of risk assessment was not suitable or sufficient and this, together with the company’s failure to heed warnings, has meant that a very obvious risk has been left to exist for many years.

“Preventing access to dangerous parts of machinery is long established and there are ample guidance and industry standards to allow dutyholders to achieve compliance with the law. This incident was entirely avoidable and Mr Thomas should have been better protected by his employer.”

Printers fined after worker’s head was trapped in machine

A major printing company has been fined for serious safety breaches after a worker suffered life threatening injuries when his head became trapped in machinery.

David Howkins, 57, was working on a stacker at the end of a web-fed printing press at The Artisan Press Ltd plant in Beaumont Leys, Leicester. As he attempted to replace a bearing, his head became trapped between dangerous moving parts and the fixed machine.

Mr Howkins, of Ratby in Leicestershire, suffered multiple skull fractures and spent 16 days in hospital in a medically-induced coma on a life support machine. He is now deaf in his left ear and has no movement in his left eye. He has had to learn how to walk again.

Leicester Magistrates’ Court was told that an investigation by the Health and Safety Executive (HSE) found the company failed to take effective measures to prevent access to dangerous moving parts of the stacker.

The court heard Mr Howkins had been asked to replace a seized bearing in the stacker. He managed to loosen one side of the bearing using an Allen key but couldn’t remove the other, so went round to the back of the machine.

HSE found the gate to the dangerous area was neither fixed in place nor interlocked, meaning there was free access to and around the dangerous moving parts of the stacker, which was not isolated from its pneumatic power supply.

As a result, his head became trapped when the mechanism of the stacker became activated.

The court was told Mr Howkins was freed by colleagues who cut away part of the stacker just before emergency services arrived.

The Artisan Press Ltd of Boston Road, Gorse Hill Industrial Estate, Beaumont Leys, Leicester, was fined £20,000 and ordered to pay £5,915 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 Dr Richenda Dixon said:
“Mr Howkins’ life has been devastated by the horrific injuries he sustained as a result of The Artisan Press failing to effectively prevent access to dangerous moving machinery.

“Incidents where workers are injured, or even killed, by moving machinery are easily avoided if employers provide suitable guarding.

“Effective measures were not taken by The Artisan Press Ltd to prevent their workforce from accessing dangerous moving parts, in this case the stacker and sword drive mechanism.

“In addition, safe systems of work, information, instruction and training are required to control the risks during both production and maintenance activities.”
Mr Howkins’ wife, Mrs Lisa Howkins, said:

“David was in a medically-induced coma while in hospital for 16 days. We were told at this point that if he were to get pneumonia, his chances of survival were slim.

“When he first came round he was frightened, confused and extremely tearful, and when he came home, I had to help him with everything.

“We used to go on long walks with our dogs but now he can only really manage much shorter walks. He doesn’t really like to leave the house and he gets very tired.

“David is much improved now but whenever you try to talk about the accident he gets very emotional and bursts into tears.

“The prospect of returning to work frightens him but he is having counselling and is aiming to return to work one day.”

 

International manufacturer fined after worker is impaled

One of the world’s largest producers of adhesives for the construction industry has been fined after a worker died when he was pinned against a forklift truck by a reversing lorry in Halesowen.

Andrew Davies, 43 of Oldbury, died following the incident in the transport yard at Mapei UK Limited’s Steel Park Road base on 1 July, 2010. He had been asked to empty a machine, using a forklift truck to move a skip and then empty the contents of the skip into a bag that was held within a cage.

Wolverhampton Crown Court heard that a lorry driver was asked to move his vehicle by another driver so they could access the loading area. Around the same time, Mr Davies had left the cab of his forklift truck and moved to the front of the forklift truck.

The lorry driver reversed the 18-tonne rigid-back truck, unknowingly pinning Mr Davies between the back of the lorry and the cage which was resting on the forks of his forklift truck. His head was impaled against the forks, killing him instantly.

A Health and Safety Executive (HSE) investigation revealed significant safety failings by Mapei UK Ltd. HSE found they had failed to segregate pedestrians and vehicles adequately in order to organise, supervise, manage and run their transport yard.

The yard did not have defined traffic routes or walkways, there were no ground markings and the yard was open with no physical restrictions on movement.
A system was in place to restrict vehicle movement whereby all drivers handed in their vehicle keys on arrival, but this didn’t apply to all vehicles. In this case, the lorry driver had not handed his keys in, meaning he did not have to seek Mapei UK Ltd’s authority or assistance when moving his vehicle.

HSE found Mapei UK Ltd considered the transport area a low priority in terms of risk, despite previous independent safety reports telling them the opposite.
Mapei UK Limited of Steel Park Road, Halesowen, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act and was fined a total of £173,332. The amount of costs to be paid will be agreed at a later date.   Speaking after the hearing, HSE inspector Mahesh Mahey said:
“Numerous health and safety failings by Mapei UK Ltd led to this tragic incident in which Mr Davies needlessly lost his life.

“The dangers associated with vehicle movements are obvious and have been highlighted by HSE for many years.

“There were long-term, systematic failings by the company to adequately assess the risks and take sufficient control measures to ensure the transport yard was operated without posing a risk to the safety of those working there.

“Since Mr Davies’ death, Mapei UK Ltd has implemented more effective controls of vehicle movements, limiting movements to one vehicle at a time and installing a traffic marshal to supervise vehicle manoeuvres.

“The operation which Mr Davies was carrying out is also now done away from other vehicles.”

Mr Davies’ mother, Margaret Davies of West Bromwich, added:

“Andrew’s death hit me very hard, as I also lost my youngest daughter, Joyce, at just 36.

“It is really hard to explain the hurt, grief and anger I feel. A parent never thinks she will outlive her own children.

“Andrew was a good lad and his heart was in the right place, and he loved his job and going to work.

“He used to love going fishing on the beach in North Wales – that was his passion.

“They should have had proper safety procedures in place, and people directing drivers reversing big lorries, then this might never have happened.

“I look up sometimes towards the garden gate hoping they might walk down the path like they used to. I will never ever get over our son’s loss.”

Leisure centre operator fined after child suffered burns

The operator of an Essex leisure centre has been fined after a two and a half year-old boy suffered severe burns in the changing area of the centre’s swimming pool.

The toddler’s father, who does not wish to be named, was walking him to the pool after getting him ready for his weekly swimming lesson at the Great Dunmow Leisure Centre in Essex on 18 February 2012, when the little boy slipped and fell onto his bottom on a recently cleaned drain cover.

The drain had been cleaned with a drain cleaner containing sodium hydroxide – a highly corrosive chemical also known as caustic soda or lye, and used to dissolve grease and hair. The chemical burnt through the toddler’s swimming shorts and swim nappy and left him with third degree, full skin thickness alkaline burns to his buttocks and the back of his right thigh. He was immediately taken to hospital, where he stayed for 10 days with his family to receive emergency medical treatment including a skin graft.

Chelmsford Crown Court heard that an investigation by the Health and Safety Executive (HSE) found that the company had failed to put a robust system of work in place for cleaning this type of drain. This system should not only have included clear instructions on how the drains should be cleaned, but also established whose responsibility it was to clean drains. The company also failed to properly assess its use of chemicals and provide proper training on the use of these chemicals.

HSE inspectors told the Court that the leisure centre management team had also admitted they had been unaware of the presence of the chemical on site.

Leisure Connection Ltd, of Potton House, Great North Road, Wyboston, Bedford, was fined £45,000 with costs of £20,746 after admitting breaching Section 3(1) of the Health and Safety at Work etc Act 1974.

After the hearing, HSE inspector Kim Tichias said:

“This incident, which left a little boy with life changing injuries, was entirely preventable.

“Leisure centre operators have a duty to ensure that members of the public of all ages can enjoy their facilities safely. This includes putting the appropriate training and system of work in place to manage the risks of using cleaning chemicals.

“HSE will always consider prosecuting companies which put people at risk through negligence.”

Roofer fined after photo shows unsafe work

A roofer has been fined for putting workers in danger after they were photographed on top of a North West London home without any protection against falling.

At least two men working for Amarjeet Singh, 35, from Southall, were spotted by a passing council official as they worked on the property in Lucas Avenue, Harrow, on 26 October 2012. There was no sign of any measures in place to prevent the workers, materials or equipment from falling from height.

Photographic evidence was supplied to the Health and Safety Executive (HSE), which investigated and prosecuted the roofer for disregarding the safety of himself and others.

Westminster Magistrates’ Court heard he was undertaking the work through his company V S Multani Roofing Contractor, a company that had previously received enforcement action for breaches of safety law covering work at height.
The photos showed that despite HSE’s safety warning Mr Singh had ignored legal requirements, because no safety provisions were in place to prevent or mitigate a fall.

Amarjeet Singh, of Kings Arbour, Southall, was fined a total of £2,000 and ordered to pay £688 in costs after pleading guilty to two separate breaches of the Work at Height Regulations 2005.

After the hearing HSE Inspector Jack Wilby said:

“Working at height on a roof without adequate means to prevent persons, materials or equipment from falling is simply unacceptable.

“The consequences of such a fall can be life changing and potentially fatal, and there is no excuse for compromising safety by ignoring the work at height guidance that is readily available on the HSE website.

Cornish tractor sales firm fined for worker’s injuries

An agricultural vehicle sales company has been fined for breaking safety legislation after an employee received multiple skull fractures in a fall at work.

Jacob Wingett, 28, from Treburley, near Launceston, was fitting a number plate to the top of a tractor cab on 1 May 2012 when he lost his balance and fell about a metre to the ground causing serious injuries. 

The incident was investigated by the Health and Safety Executive (HSE), which prosecuted B&B Agricultural Sales Ltd at Truro Magistrates’ Court.

The court heard that Mr Wingett was working at the compamy's site on Doublebois Industrial Estate, Dobwalls, near Liskeard. He was standing on the cross shaft arms at the back of the tractor when he fell, resulting in one broken and one shattered wrist, two broken arms and multiple skull fractures. He underwent several operations to put pins and plates in both arms and was unable to work for over a month.

HSE found B&B Agricultural Sales Ltd had not provided any measures to prevent Mr Wingett falling. There was no plan for the work, no safe system of working and no suitable training or supervision. 

B&B Agricultural Sales Ltd, of Tamar Ridge, Cox Park, Gunnislake, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £7,000 and ordered to pay £8,142 in costs.

HSE Inspector Gareth Cottle, speaking after the hearing, said: 

“Mr Wingett’s serious injuries could have been avoided with some simple measures including planning the work properly, providing proper equipment, such as a platform to work on and adequate training and supervision. 

“Falls from height are the biggest cause of workplace deaths and it’s crucial that employers make sure work is properly planned, appropriately supervised and that sufficient measures are put in place to protect staff from the risks.


Timber firm fined after worker’s fingers severed

A Lincolnshire timber company has been fined after an employee severed three fingers in an unguarded roller conveyor.

Shaun Newcomb, 30, of Bourne, required extensive treatment and was unable to work for nine months as a result of the incident at Sewstern Timber Services Ltd in Gunby Road, Sewstern, on 9 March 2012.
 
He was attempting to clear some blocked wood from the conveyor, but as he did so his right hand came into contact with the sprockets and chains that drove the rollers and he severed parts of his middle, ring and little finger.
 
He underwent two operations, physiotherapy, cell generation treatment and counseling, and is now employed at a different company as he did not want to return to the scene of the incident.
 
Lincoln Crown Court heard that an investigation by the Health and Safety Executive (HSE) found that the conveyor had been supplied to Sewstern Timber Services by Armistead Engineering Ltd a few months before the incident, but that it was inadequately guarded.

The company failed to carry out a risk assessment for the machine so failed to identify the potential for harm.
 
Sewstern Timber Services Ltd, based at Skyliner Way, Bury St Edmunds, Suffolk, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act etc 1974 for failing to protect its employees. The company was fined a total of £18,000 and ordered to pay costs of £10,000.
 
Speaking after the hearing HSE inspector Berian Price said:
 
“This incident could easily have been prevented had adequate guarding been in place. Sewstern Timber Services Ltd should have picked up this mistake on their risk assessment and tackled the problem to ensure workers did not have access to the dangerous moving parts of the conveyor.
 
“Sadly, because they didn’t do this Mr Newcomb suffered painful, life-changing injuries.”

Shaun Newcomb said:
 
“After it happened I felt agitated and kept losing my temper easily, which was out of character for me. I went through a stage where I didn’t want anyone to see my hand. I would keep it in my pocket whenever I went out and if I was in a shop I would give my wife the money to pay as I didn’t want people talking about it.
 
“I used to fish regularly and play pool and darts. I still can’t play darts as I can’t hold them properly but I’ve managed to adapt to play pool. I’ve had to relearn how to do things like tie shoelaces and use a knife and I’m limited in what types of job I can do. I can’t work in the cold as it affects my fingers and I have a lack of dexterity in them, which means I struggle to do some parts of my job. I also struggle with lifting tasks as I can’t grip properly and only have limited strength in what grip I do have.
 
“The incident affected my wife, who had to take time off work to look after me, and it also affected my children. My daughter wouldn’t come near me after it happened and won’t hold my hand now. My son is a bit older so understood more, but was worried about hurting me and whether we could still play rough and tumble together.”

  

 

Joinery company and director fined for safety failings

A London joinery firm and a company director have been fined for multiple safety breaches that put employees at risk.

Park Royal-based Sunbeam Wood Works Ltd and Stephen Morrison were prosecuted by the Health and Safety Executive (HSE) after an inspection on 10 February this year identified a number of serious issues.

Westminster Magistrates’ Court heard that the company had:

• failed to test ventilation systems for extracting potentially harmful wood dust
• failed to provide suitable respiratory protective equipment (RPE), controls or any health surveillance for employees working with hazardous spray paints
•  failed to control noise exposure
•  failed to provide adequate information, training and  supervision to protect workers from hazards, including inhaling chemicals such as isocyanate during spraying processes.

Two Improvement Notices were served requiring action to be taken to stop health and safety from being compromised, and to protect workers undertaking hazardous activities. However, a follow up inspection in April revealed both were ignored. The court was told that little had changed and that there were still serious faults.

Sunbeam Wood Works Ltd, of Sunbeam Road, Park Royal, NW10, was fined a total of £24,000 and ordered to pay £1,460 in costs after pleading guilty to breaching Section 2(1) and Section 21 of the Health and Safety at Work etc Act 1974.

Stephen Morrison, of the same address, was fined £8,000 after pleading guilty of breaching Section 37 of the same Act in his capacity as a director.
After the hearing HSE Inspector Saif Deen said:

“Employers have a duty to protect their workers, but this company carried out high risk activities, such as paint spraying and work that exposed employees to prolonged, high levels of noise, with disregard for their health and safety.

“The seriousness of these breaches was reflected in the Improvement Notices issued, which both the company and Stephen Morrison ignored. They failed to address the fact that workers were placed at unnecessary risk because of the inadequate RPE provisions, and the complete lack of health surveillance. They were being exposed to potentially harmful sprays and noise, and yet the company had no means of monitoring whether it was causing harm.

“Sunbeam Wood Works, under the lead of Mr Morrison, displayed poor performance over the period of our investigation. HSE will not hesitate to take action against duty holders who shirk their responsibilities in this way.”

Wishing all of our clients a merry christmas

RHSS and the team would like to wish you all a very merry Christmas!

Engineering firm sentenced following Preston worker’s death

A major engineering firm has been sentenced for safety failings following the death of an electrician who was crushed by an overhead crane at a Preston factory.

Liam O’Neill had been trying to replace a control cable when the incident happened at Assystem UK Ltd in Bamber Bridge on 12 March 2011. The 51-year-old, from Didsbury, Greater Manchester, died in hospital seven days later.

The company, which is part of the international Assystem group, was prosecuted by the Health and Safety Executive (HSE) after an investigation found Mr O’Neill had been able to work on a platform in the path of the overhead crane without the power to the crane first being switched off.

Preston Crown Court heard that the platform, which was around four metres above the ground, had been installed for a specific project in September 2000. End stops had previously been fitted to the rails used by the overhead crane that stopped the crane reaching the platform, but these had later been removed.

The platform had remained at the factory but there was no barrier at the bottom of the access ladder to prevent workers climbing up it while the crane was in use.

On the day of the incident, Mr O’Neill had been trying to replace a cable, which hangs down from the crane to a handheld control, after it had developed an intermittent fault.

The crane had been moved over the platform so Mr O’Neill could reach the top of the cable where it connects to a junction box on the crane. As he climbed onto the platform, the crane moved and he was crushed between the guard rails around the top of the ladder and the crane itself.

The HSE investigation found the crane cleared the top of the guard rails around the ladder and platform by just 8.5cm. Despite this, the company had not identified the risk of workers being crushed by the crane if they used the platform so no action had been taken to stop this from happening.

Assystem UK Ltd, of Club Street in Bamber Bridge, was fined £160,000 and ordered to pay £52,500 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.

Speaking after the hearing, HSE Inspector Stuart Kitchingman said:

“Liam tragically lost his life because his employer didn’t think about the potential consequences of having a working platform in the path of an overhead crane.
“Assystem should never have allowed the end stops to be removed from the crane’s rails when it was still possible for workers to climb up the ladder onto the platform.

“It would have been simple to put a system in place to make sure power to the crane was switched off before anyone climbed onto the platform, or to put up a barrier to prevent access to the platform.”

Mr O’Neill’s widow, Deborah, added:

“My husband and I were married in 1984. We had our only child, Sophie, in 1989 and were a small but very happy family. When Liam had the accident at Assystem our whole world was blown apart.

“When he died a week later, Sophie and I were completely devastated. Sophie, at the young age of 21, had lost her father with whom she had a close and loving relationship. I had lost the man that I met at the age of 19 and was planning to spend the rest of my life with.

“Our lives, and those of the wider family, have been completely changed. We have had to cope with emotional trauma, grief and financial difficulties, and our lives will never be the same.

“Our future is a much sadder one now that we cannot fulfil our plans, hopes and dreams with him. He was a great father to Sophie and a loving and supportive husband to me.

“We hope accidents like this can be prevented in the future so that other families don’t have to suffer as we have.”