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
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.”
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.
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
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.”
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.”
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