CDM CONSULTATION

HSE has today opened a 10 week consultation on proposals to replace the Construction (Design and Management) Regulations 2007 (CDM 2007).  

The revision of CDM 2007 aims to deliver a substantially simpler set of regulations that are easier to understand and comply with, but which retain vital safety protection.

Key changes being proposed include:

• replacement of the CDM co-ordinator role with a principal designer role within the project team;
• introducing a duty on information, instruction, training and supervision to replace the duty to assess competence;
• removal of the domestic client exemption and transfer of these limited duties to the contractor/designer; and
• replacement of the Approved Code of Practice (ACOP) with tailored guidance.

None of the proposals on which HSE plans to consult are set in stone: 

Read the consultation document and find out how to give your views

The consultation opens on 31 March 2014 and closes on 6 June 2014

Fowey gas fitter carried out dangerous and illegal work

An unregistered gas fitter put his customer’s lives at risk by leaving a new boiler in a dangerous condition, a court has heard.

Ben Littleton, 24, from Fowey, was not Gas Safe registered and so not legally able to install the boiler in March last year. He also illegally carried out safety checks for landlords at two properties in the town.

 

Mr Littleton’s work on the boiler was checked by a registered gas engineer, who classed the boiler as “at risk” and alerted the Health and Safety Executive (HSE), which prosecuted him at Truro Magistrates.

 

The court heard that Mr Littleton had installed boilers at two homes, one of which had an incorrectly sealed flue which meant that gases, including carbon monoxide, could have re-entered the property posing a risk to the residents.

 

HSE’s investigation also found that Mr Littleton had carried out gas safety checks for landlords on two rented properties in Fowey. He faked safety documents by using a Gas Safe Register ID number belonging to a properly-registered company that had previously employed him.

 

Mr Littleton, of Station Road, Fowey, pleaded guilty to three breaches of the Gas Safety (Installation and Use) Regulations 1998 and was fined a total of £2,000 and ordered to pay £2,159 in costs.

 

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

 

“The gas work that Ben Littleton carried out posed a real risk to the homeowners from carbon monoxide poisoning as the flue that he installed was not properly sealed.

 

“Only Gas Safe registered engineers are legally able to work with gas, and Ben Littleton put lives at risk by ignoring the law.

 

“Members of the public and landlords trusted him when he said he was Gas Safe registered and when he used a false ID number on paperwork to deceive them.”

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

 

“Every Gas Safe registered engineer has an ID card, which shows who they are and the type of work they are qualified to carry out. Customers should ask to see this and check the engineer is qualified to do the job in hand.

 

London landlords put Hampstead tenants at risk

Two landlord companies have been fined for gas safety breaches discovered at a block of privately rented flats in Hampstead, North London.

Valbond Management Ltd and sister company Holbond Ltd were prosecuted by the Health and Safety Executive (HSE) after an investigation found that vital gas checks had been neglected, meaning faults were missed.

Westminster Magistrates’ Court was told a Gas Safe registered engineer found a flue joint that had come apart in a ceiling void at one flat, managed by Valbond, that could have been leaking emissions from the boiler for as long as five years.
HSE’s investigation also found that two further properties in the block, another managed by Valbond and one by Holbond, also had gas boilers and concealed flue pipes that were not maintained.

Neither company had arranged annual gas safety inspections for the properties, as required by law, nor had landlord gas safety certificates been issued.

Magistrates were told that the tenants of the property where the leak occurred had left as they had no confidence in Valbond’s ability to manage the gas system to ensure they were safe.

Valbond Management Ltd and Holbond Ltd, both registered at Shelley Stock Hutter LLP in Chandos Street, London W1, pleaded guilty to two charges each under the Gas Safety (Installation and Use) Regulations 1998. Valbond was fined a total of £28,000 with £432 in costs. Holbond was fined a total of £20,000 with £432 in costs.

After the hearing, HSE Inspector James Caren said:

“The tenants at the flat where the leak was detected were not injured but they were lucky not to have been exposed to high levels of carbon monoxide. It was by chance, not the action of Valbond, that the boiler at the flat was working efficiently and not releasing high levels of carbon monoxide. Such releases can be particularly dangerous where people sleep, such as domestic flats.

“Landlords have an absolute duty to ensure the gas systems at their properties are safe so they do not put their tenants at risk. They have a similar duty to have them checked by a Gas Safe registered engineer every year. Both Valbond and Holbond fell well below acceptable standards.”

Illegal gas fitter fined over work at Appleby homes

A self-employed worker has been fined after illegally carrying out gas work at dozens of homes in Appleby-in-Westmorland.

Frederick Stephen Cowell, who is known by his middle name and trades as SC Services, was prosecuted by the Health and Safety Executive (HSE) after working at around 40 homes in the town despite not being registered with Gas Safe – as is legally required.

Carlisle Magistrates’ Court heard that Mr Cowell had also worked on gas fires at 25 of the properties even though he lacked the qualifications to carry out this work.

HSE was first alerted to the issue in July 2012 after an investigator from the Gas Safe Register witnessed Mr Cowell removing a gas fire from a house at Bongate Cross.

A subsequent investigation found that he had previously been registered through his former employer, but that his registration had expired over a year earlier in April 2011. Despite this, Mr Cowell had continued to carry out gas work and potentially put lives at risk.

He eventually joined the Gas Safe Register in September 2012 but failed to carry out annual gas safety checks properly and, on two occasions later that month, made entries in the records for operating pressures which were clearly false.

Stephen Cowell, 66, pleaded guilty to one breach of the Gas Safety (Installation and Use) Regulations 1998 by not being registered to carry out gas work, and two breaches of the Health and Safety at Work etc Act 1974 by making false entries on two annual gas safety records.

Mr Cowell, of St Michaels Lane in Appleby-in-Westmorland, was fined £1,900 and ordered to pay £4,123 in prosecution costs.

Speaking after the hearing, HSE Inspector Matthew Tinsley said:

“Mr Cowell potentially put lives in danger by carrying out gas work he wasn’t qualified or registered to do. Even after HSE’s intervention, he did not work diligently and made clearly false entries on annual gas safety records rather than carrying out the checks properly.

“Gas work can be extremely dangerous if it isn’t carried out by trained professionals. That’s why it is a legal requirement for everyone who works with gas to be registered with Gas Safe.

“Mr Cowell knew he needed to be registered but he still took money for work at dozens of homes in Appleby.”

Scaffolding firm in court for department store failings

An extract from the CCTV footage showing the unsafe scaffolding work, with poles passed over the heads of shoppers

 

 

A Hertfordshire scaffolding firm has been fined for a catalogue of safety failings – including throwing and catching metal fittings over the heads of shoppers – as they erected two scaffolds outside an Oxford department store.

Darren Baker Scaffolding Limited also failed to ensure the structures outside Debenhams on George Street and Magdalen Street were properly configured, braced and tied, which undermined their stability.

The Cheshunt-based company was prosecuted by the Health and Safety Executive after an investigation uncovered a series of issues.
They included:

• Metal fittings were thrown from a flatbed lorry over the heads of passers-by – as captured by CCTV
• Heavy scaffold poles were also hoisted above shoppers with no thought to their safety
• Pedestrians were forced to walk into the road to avoid the activity, with no measures in place to protect them from passing vehicles
• The two scaffolds were not built to an approved safe design and were inadequately braced and tied
• They were also poorly configured, with the potential for overloading parts of the structure, and loads could not be transferred safely to the ground

The scaffolds were erected on the morning of Sunday 30 September 2012 when there was significant footfall in the area.

Oxford Magistrates’ Court heard that although nobody was injured, either from the work or from a collapse or fall, the activity was inherently unsafe.

HSE established that as a result of the failings there was a significant risk that the scaffold could have collapsed.

Darren Baker Scaffolding Limited, of Turners Hill, Cheshunt, Herts, was fined a total of £10,000 and ordered to pay a further £706 in costs after pleading guilty to a single breach of the Health and Safety at Work etc Act 1974 and four breaches of the Work at Height Regulations 2005.

After the hearing HSE inspector Peter Snelgrove commented:

“The issues here are two-fold. There were clear concerns with the manner in which the scaffolds were erected, as captured by CCTV. Then there are the failings with the structures themselves, the fact they weren’t built to an approved design and were inadequately tied and braced.

“All scaffolds should be erected in a safe manner, but the risks are magnified when you are working in a busy city centre location with lots of traffic and pedestrians, as was the case here.

“Little thought was given to shoppers as fittings and poles were tossed or passed over their heads, and today’s conviction serves to illustrate the seriousness of the failings we uncovered. Thankfully nobody was injured, but that is the only saving grace.”

Caravan firm in court after worker injured in fall

A caravan firm has been fined after a maintenance engineer was injured in a fall from height while renovating a caravan at its premises in Silsoe, Bedfordshire.

The 30 year-old from Chingford, Essex, who does not want to be named, fell approximately one and a half metres when a makeshift platform collapsed during work to attach metalwork cladding to the side of a caravan.

The incident on 21 February 2012 was investigated by the Health and Safety Executive (HSE), which prosecuted Roma Caravans Limited for failing to provide a safer system of work.

Luton and South Bedfordshire Magistrates’ Court heard that the platform comprised a wooden plank placed across a metal frame.

It gave way when the worker attempted to step down to retrieve tools. The far end of the plank swung up and struck him in the groin. He then banged his head as he fell to the floor with the table collapsing around him.

The worker appeared to have escaped relatively unscathed with bruising, but he collapsed two days later and was diagnosed with post-concussion syndrome. He has since suffered from severe headaches and pains to his hip.

HSE established that the platform was inherently unsafe and was wholly unsuitable. The court was told the incident could have been prevented had proper equipment been provided for working safely at height.

Roma Caravans Limited of Amenbury Lane, Harpenden, Herts, was fined a total of £5,000 and ordered to pay £3,527 costs after pleading guilty to a breach of the Provision and Use of Work Equipment Regulations 1998.

Speaking after the hearing HSE Inspector Andrew McGill, said:

“This incident was entirely avoidable, and illustrates the need for duty holders to ensure work of this nature is carefully planned and managed at all times.

“By not providing suitable equipment, Roma Caravans put the safety of a worker at risk. Appropriate and stable work platforms should always be used for any work undertaken at height.”

Dorset machining company fined after employee suffers bruising

A Ferndown-based machined components and engineering company has been prosecuted for failing to guard dangerous parts of machinery after a worker was struck and injured by a metal clamp and workpiece.

The employee, who does not wish to be named, suffered bruising in the incident at TG Engineering Ltd, in Ferndown on 12 September 2012 as he was operating a Computer Numerically Controlled (CNC) lathe.

The company was prosecuted by the Health and Safety Executive (HSE) after an investigation found that the machine’s interlock guard had been disabled.

Bournemouth Magistrates’ Court heard that the worker had inadvertently entered a speed of 3,520 rpm, which was much higher than intended. This caused a solid metal workpiece and clamp to eject through the open door of the lathe and hit him in the left side.  He was unable to work for a couple of weeks as he recovered from the bruising he sustained, although he was fortunate to avoid more serious long-term injury.

HSE established that had the interlock been functional, the speed of the machine would have been limited to 50 rpm, making ejection of the workpiece and clamp unlikely.

HSE also discovered that interlocks had been disabled or removed on three other machines at the factory. Prohibition Notices were served for each machine as well as an Improvement Notice regarding the monitoring of guards.

The court was told that all the notices served have since been complied with.
TG Engineering Ltd, of Sterling Business Park, Ferndown Industrial Estate, Dorset, was fined £4,000 and ordered to pay £8,369 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
Speaking after the prosecution, HSE inspector Matthew Tyler said:

“CNC machines are powerful with the potential to cause serious harm, and the employee was extremely fortunate to escape relatively unharmed in this instance.

“Using the interlocking guards provided with the machine would have prevented access to dangerous parts and reduced the risk of ejection of materials and entanglement.

“The disabling of interlocks is a common failure in engineering companies and this prosecution should serve as a reminder to the risks involved.”

Court action for textile firm over employee’s crushed fingers

A West Yorkshire textile firm has been prosecuted for safety failings after a Huddersfield woman was left with lasting hand damage when her fingers were crushed in a yarn processing machine.

The 59-year-old was injured at Lawton Yarns Ltd’s Ravensthorpe factory in Dewsbury as she reached under the rollers of a carding machine to retrieve some fibres. Her fingers got caught and drawn into the in-running nip.

Kirklees Magistrates heard that three fingers of her right hand were badly crushed and she has required multiple visits to hospital for operations and physiotherapy. She has not regained full use of her hand since the incident on 7 March 2013.

The Health and Safety Executive (HSE) brought the prosecution against Lawton Yarns Ltd after finding it had failed to fully assess the risks of the miniature carding machine, despite having several full-size carding machines at the premises.

The court was told the company bought the machine second-hand in 2000 and had assessed it, fitted guards and developed a safe system of work. However, it didn’t take into account the risks of access to the carding rollers from the underside, a well-recognised danger in the industry.

As a result, no action had been taken to guard that part of the machine, and prevent workers getting too close to dangerous moving parts.

Lawton Yarns Ltd., of Raven Ing Mills, Dewsbury, was fined a total of £5,000 with £648 to pay in costs after admitting single breaches of the Management of Health and Safety at Work Regulations and Provision and Use of Work Equipment Regulations.

After the hearing, HSE Inspector Neil Hope-Collins, said:

“Lawton Yarns’ key failing was not to assess the risks adequately in the first place. The assessment is the platform for informing you of the controls and measures you need. If the former is lacking, then so are the controls. In this case, a vital risk was missed and an employee now has to live with the serious consequences.

“The incident demonstrates that a risk assessment is not an administrative, paper exercise. If companies do not do it properly in the first place, they will always struggle to put in place proper safeguards.”

Staffordshire firm prosecuted after worker fractures skull

A Staffordshire company that makes copper products for the power industry has been fined after a worker suffered life-changing injuries when he was hit on the head by a metal peg.

The two-kilogramme peg was attached to a ten-tonne overhead crane and fabric sling that was being used to apply torque to bolts being tightened on an extrusion press at Thomas Bolton Ltd in Froghall on 30 August 2012.

Stafford Magistrates’ Court heard the peg was catapulted out of the sling, through the factory roof and back down into the factory some 26 metres away, hitting an employee on the head.

The 63-year-old man, of Cheadle, who has asked not to be named, was admitted to hospital and although discharged the same day, has not been able to return to work.

A Health and Safety Executive (HSE) investigation found Thomas Bolton Ltd had not carried out a suitable risk assessment of the task being undertaken and did not properly plan the work or use appropriate equipment.

Thomas Bolton Ltd, of Froghall, Stoke-on-Trent, was fined a total of £19,050 and ordered to pay £10,361 in costs after pleading guilty to single breaches of the Management of Health and Safety at Work Regulations 1999, the Health and Safety at Work etc Act 1974 and the Provision and Use of Work Equipment Regulations 1998.

Speaking after the hearing, HSE Inspector Rachel Bradshaw said:

“This was a serious incident that could have resulted in a fatality. It was only a matter of luck that the employee, or indeed anyone else in the vicinity, was not killed by the projectile.

“Maintenance activities such as this should be properly planned using the right tools for the job. Thomas Bolton had carried out this activity in this way for many years, using the crane to tighten the bolts, but just because a job is carried out in a certain way for a long time without incident doesn’t make it a safe system of work.

“The company now uses a purpose-designed spanner for the job but it is a shame that a man had to suffer painful, life-changing, long-term injuries before they made that change.”

Bath building contractors exposed workers to deadly asbestos dust

A Bath building contractor exposed two of its employees to asbestos dust while working at a residential property in the city, a court heard.

Geoff Thomas and Son Ltd allowed the workmen to demolish a basement ceiling without adequately checking for the presence of asbestos and sent the pair to work on other jobs without decontaminating their clothes when working at the property in New King Street in January 2013.

The incident was investigated by the Health and Safety Executive (HSE) which prosecuted the company at Bath Magistrates.

The court heard that Geoff Thomas and Son had been contracted by Curo Places Ltd (formerly Somer Community Housing Trust), to replace the ceiling. The two employees carried out the job using hand tools and pulled parts of the ceiling – made of asbestos insulation board – down by hand.

When it was identified that the ceiling may contain asbestos, it sent the workers off to do other jobs without decontaminating their clothes or tools. It was later found the ceiling did contain asbestos.

HSE’s investigation found the contractors failed to make suitable and sufficient assessment for the presence of asbestos before work started and failed to prevent its spread.

Geoff Thomas and Son Ltd of Braysdown, Peasedown St John, Bath pleaded guilty to two breaches of the Control of Asbestos Regulations 2012 and was fined a total of £5,000 and ordered to pay costs of £637.

HSE Inspector Paul Newton, speaking after the hearing, said:

“The long-term effects of exposure to asbestos materials is the single greatest cause of work-related deaths in the UK and the exposure of these two workers to this dangerous substance was entirely preventable.

“It was clear the work would disturb the fabric of the building, creating a risk of exposing asbestos, so a full survey of the area should have been carried out before work started and suitable plans put in place to deal with it.

“Geoff Thomas and Son then compounded the problem by failing to decontaminate the workers, their clothes and equipment. Instead they were allowed to go to other jobs and return home, potentially spreading the asbestos to their workmates and families.

“The removal of high-risk, asbestos-containing materials should only be done by a licensed contractor.”

Contractor fined after worker is crushed by falling steelwork

A plant hire and dismantling company has been sentenced for safety failings after a worker suffered life changing injuries when steelwork he was dismantling collapsed on top of him.

The 39-year-old from Barnsley sustained serious crush injuries including a fractured sternum and vertebrae in the incident at a former block works in Shawell, Lutterworth, Leicestershire, on 11 March 2013.

His employer HCL Equipment Contracts Limited was prosecuted today by the Health and Safety Executive (HSE) after an investigation identified serious flaws with the dismantling and removal of steelwork which had supported a large aggregate mixer.

Leicester Magistrates’ Court heard the injured man and a colleague used ladders to access the top of the steelwork which was seven metres high.

Both men wore harnesses and lanyards, which were the incorrect type, and used propane gas cutting equipment to cut the steelwork into pieces, then dropping them through a gap in the centre of the frame into a designated dropping area.

After clearing various parts of the steelwork, the men began to cut through a standing conveyor, with the intention of weakening it so it would fall onto the platform so they could continue the dismantling.

The HSE investigation found that the injured man was finishing a cut made by a colleague when the conveyor began to descend. He was unable to get out of the way of the falling frame, which weighed 380kg, and it struck him.

HSE found that no safe escape route was planned, resulting in the incident. The incident could have been prevented with better planning, management and training.

He suffered a fractured sternum, two broken vertebrae, eight fractured ribs, broken teeth and required 58 stitches in a head wound.

HCL Equipment Contracts Limited of Cotes Park Industrial Estate, Somercotes, Derbyshire, was fined £10,000 and ordered to pay £491 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 Tony Mitchell said:

“HCL Equipment Contracts Limited was responsible for the welfare of its workers and for ensuring the dismantling work was carried out in a safe manner.
“Our investigation found that if this work had bee properly planned and risk assessed, and sufficient training given, it could have been avoided.”

Unregistered Brixham fitter sentenced for illegal gas work

A gas fitter has been given a six month suspended prison sentence for carrying out illegal work on boiler installations in the Brixham area over a two year period.

Stephen Nurse’s offences came to light when he was sentenced for further gas safety offences at Exeter Crown Court last February (2013). He was then handed a suspended prison sentence after an investigation by the Health and Safety Executive (HSE) found he had installed domestic boilers without being registered with Gas Safe – a legal requirement for anyone undertaking gas work.

Mr Nurse, 60, of Brixham, claimed that was the only illegal work he had done, but in a further HSE prosecution at Exeter Crown Court, a catalogue of similar offences came to light. The court was told HSE had identified 45 probable incidents which were ordered to lie on the file.

It follows publicity of his original conviction when concerned members of the public contacted HSE to say he may also have undertaken work in their home. Extensive HSE enquiries established that Mr Nurse had used the name and Gas Safe Register identification number belonging to a legitimate registered gas engineer when approaching customers.

He worked under false pretences at properties in and around Brixham. That illegal work included fitting three boilers at homes in Harbour View Close, Parkham Towers and Park Court, Brixham, between December 2007 and July 2012.

Stephen Nurse, of Church Street, Brixham, pleaded guilty to breaches of Regulation 3 (3) and Regulation 3(7) of the Gas Safety (Installation and Use) Regulations 1998. He was sentenced to two six month suspended prison sentences to run concurrently, fined £1,000 and ordered to pay £500 in costs.
Speaking after sentencing, HSE Inspector Simon Jones, said:

“Mr Nurse blatantly lied to the court when he told them that he had not undertaken any other gas work. In total he appears likely to have undertaken gas work on at least 45 occasions, including three complete gas boiler installations, and he did so falsely using a legitimate Gas Safe Register engineer’s details to deliberately mislead his customers.

“The law clearly states that only Gas Safe Registered engineers are allowed to do gas work. Stephen Nurse knew this, but he was working well outside the law.”

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

“Every Gas Safe registered engineer carries an ID card that not only confirms that they are who they say they are, but also has information about the kind of work they can carry out.

“We always encourage the public to ask to the see the card and to check the details either by calling us on 0800 408 5500 or by visiting www.gassaferegister.co.uk "

At the previous hearing last year, Stephen Nurse was given a two month prison sentenced suspended for 12 months. He was also fined £2,000 and ordered to pay £1,000 compensation after admitting three breaches of gas safety regulations.

Rotherham family left in danger by illegal gas work

A Rotherham man has been prosecuted after carrying out illegal gas work and putting a family with a young boy at risk from carbon monoxide poisoning or explosion.

Thomas Atkinson, from Wickersley, pretended to be officially registered with Gas Safe Register, showing the homeowner a false ID card before installing a gas fire, and then providing an invalid gas safety certificate.

Rotherham Magistrates heard the Herringthorpe resident developed suspicions about the certificate and contacted Gas Safe Register, which confirmed it was false and sent one of their regional team to investigate.
The Gas Safe regional investigations officer found seven defects with the gas fire installation work, including two that were classed as ‘immediately dangerous’. The case was passed to the Health and Safety Executive (HSE) which prosecuted Mr Atkinson for five offences under the Gas Safety regulations.

The court was told Mr Atkinson had installed a new gas fire on 12 May 2013 for the family in Herringthorpe but had to be chased for a gas safety certificate. When it did arrive, it was in the name of Mr Atkinson’s former employer.
HSE found Mr Atkinson had been registered under the firm’s name with Gas Safe, but had been removed in January 2012. He was not registered as a qualified gas engineer in his own name at the time of the fire installation – and never had been.

Two of the defects found with the work had the potential to cause carbon monoxide poisoning, a fire or explosion.  A gas leak was traced to the inlet of the gas fire and gases produced on combustion were escaping from a part of the installation.

Thomas Atkinson, of Radley Avenue, Wickersley, Rotherham, was fined a total of £5,000 and ordered to pay £352 in costs after admitting breaching regulations 3(3), 3(7), 5(3), 7(3) and 26(1) of the Gas Safety (Installation and Use) Regulations 1998.

HSE Inspector Mark Welsh, who investigated, said after the hearing:

“The incident was preventable because Mr Atkinson should not have carried out the work in the first place. From his previous experience he would have been perfectly aware that registration with Gas Safe is a pre-requisite to being able to undertake gas work legally yet he went ahead with the job and then deliberately falsified a gas safety certificate.

“Illegal gas work is still a common occurrence and has the very real potential to lead to ill-health, injury or even fatality. Anyone wanting gas work done should make sure they employ a registered Gas Safe engineer.”

Powder coating firm in court after worker’s hand injury

A Bedfordshire-based powder coating firm has been fined after an employee suffered serious hand injuries when lifting equipment failed at the company premises in Leighton Buzzard.

The worker, who does not wish to be named, was struck by metal items after a basket and cradle fell whilst being lifted by crane into a degreasing tank. The incident, on 26 September 2012, happened when a lifting eyebolt attached to the crane failed.

The cradle struck his right hand resulting in broken bones, lacerations, and damage to nerves and tendons. Luton Magistrates’ Court heard today (10 March) that DT Powder Coating Ltd – now trading as XL Powder Coating Ltd – failed to report the injury incident within the 15-day period specified by law. However, after it happened, the Health and Safety Executive (HSE) received three separate complaints from current and previous employees, which resulted in HSE serving four Improvement Notices on the company.

A subsequent HSE investigation identified serious shortcomings in the way lifting operations were carried out at the firm’s factory on the Commerce Way Industrial Estate. None of the lifting accessories had been tested to ensure they were safe, employees had not received any training, and there was no system of work to ensure that lifting operations were carried out safely.

The eyebolt in question should have been screwed securely into the framework at the top of the basket, but instead was poorly welded into place. The weld eventually failed causing the basket to drop.

DT Powder Coating Ltd, registered at High Street, Berkhamsted, Hertfordshire, was fined a total of £36,000 and ordered to pay £10,509 costs after being found guilty to breaching Regulation 2(1) of the Health and Safety at Work etc Act 1974, Regulation 3(2) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995, and Regulation 5 of the Provision and Use of Work Equipment Regulations 1998.

After the case, HSE Inspector Emma Rowlands, said:

“There were multiple failings on the part of DT Powder Coating Ltd: they had not assessed the risks to their staff or planned the lifting operation to ensure it was carried out safely – neither did they ensure that the lifting equipment was safe to use or maintain the equipment appropriately.

“We received several complaints from current and previous employees regarding this company. Our investigation revealed a lack of basic employee training, and that lifting operations were carried out in a way that exposed employees to risk of injury. In this case, an employee suffered a needless injury, which has prevented him from working for over a year.”

Stafford firm in court after worker’s arm caught in machine

A ceiling company has been fined for serious safety breaches after a worker required skin grafts on his arm which had been caught in machinery.

The 61-year-old man from Stafford was removing hardened-on glue from the lower roller spindle on a laminator machine when his left arm was caught in the drive mechanism at CEP Ceiling Ltd’s premises in Stafford on 21 January 2013.
His forearm was caught in the intermeshing metal gears, which chewed up a large chunk of tissue. He needed a skin graft to help it heal.

An investigation by the Health and Safety Executive (HSE) found the covers protecting the drive mechanism had been removed to give easier access to the spindle.

Stafford Magistrates’ Court heard today that the company had not carried out a suitable and sufficient risk assessment. In addition, no safe system of work was in place, and insufficient monitoring of employees took place to identify unsafe practices.

CEP Ceilings Ltd of Verulam Road, Stafford, was fined a total of £24,000 and ordered to pay £1,194 in costs after pleading guilty to breaches of Section 2(1) of the Health and Safety at Work etc Act 1974 and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999.

Speaking after the hearing, HSE inspector Wayne Owen said:

“Mr Turney suffered a painful injury as a result of CEP Ceilings Ltd failing to effectively assess the risk to employees from using and cleaning the machine and then prescribe a system of work which kept employees safe.

“Workers were left to determine their own methods of cleaning machinery and these unsafe methods had existed for many years.

“Safe systems of work, information, instruction and training are required to control the risks during both production and maintenance activities. A robust system to monitor employees also needs to be in place to detect any poor practices.”

Welwyn Garden City firm fined after worker’s injury

A Welwyn Garden City manufacturing firm has been prosecuted after an agency worker suffered a hand injury whilst clearing a blockage on a poorly-guarded palletiser machine.

The 33-year-old worker, who does not wish to be named, was attempting to restart a machine at Sika Ltd’s factory after dealing with the blockage when his right hand was struck by a moving part.

He suffered multiple fractures of his hand and lacerations and was unable to return to work to perform a similar role for several months.

The incident, on 12 October 2012, was investigated by the Health and Safety Executive (HSE), which prosecuted the company at Watford Magistrates’ Court.

The court heard that the worker had bypassed an interlocked gate, which was common practice by staff, to clear the blockage in the machine. As he restarted the palletiser, his hand, which was resting on the top frame of the machine, was struck by a moving part which operated the claw mechanism.

HSE found the machine guarding was inadequate to prevent access to the dangerous parts of the machine. It also found that Sika Ltd had failed to properly assess the risks from using the palletiser. In addition insufficient training and instruction had been provided to workers, and their supervision was inadequate.

The company, which makes speciality chemicals for the construction industry, revised its risk assessment and installed additional guarding to prevent workers from being able to access the machine unless it was suitably isolated.

Sika Ltd, of Watchmead, Welwyn Garden City, Hertfordshire, was fined a total of £17,000 and ordered to pay costs of £1,219 after admitting two breaches of the Health and Safety at Work etc Act 1974.

After the hearing HSE Inspector James Wright said:

“Sika Ltd failed to implement effective measures to ensure workers were not exposed to dangerous parts of machinery.

“They failed to properly assess the risks, ensure the machine was adequately guarded, and that workers were effectively supervised. This has resulted in a worker suffering a serious injury which has greatly impacted on his ability to work.

“The hazards from automated machinery, notably palletisers, are well known and there is a history of serious and fatal accidents occurring at palletiser machinery. Clearing blockages can lead to sudden start-up or movement of machinery so adequate guarding and isolation procedures are essential.”

Scaffolding firm in court after worker injured in fall

A scaffolding firm has been fined after a painter and decorator was injured when he fell through an unprotected ladder opening on scaffolding at a block of flats in Hemel Hempstead.

David Currie, 48, a self-employed decorator from Lisson Grove, London, suffered a fractured arm and dislocated shoulder as a result of the incident at Evans Wharf, Aspley Lock, on 6 November 2012.

The incident was investigated by the Health and Safety Executive (HSE), which prosecuted Beacon Scaffolding for safety failings at Watford Magistrates’ Court.

The court heard that the firm, based in Primrose Hill, north London, had been sub-contracted to erect scaffolding around a four-storey block of flats to allow decorators to repaint windows and woodwork.

Whilst erecting the scaffolding, Beacon’s workers were asked by painting and maintenance sub-contractors to significantly increase the height of the first tier of scaffolding. This alteration required a new layout design; however the scaffolders continued to erect the scaffolding before these designs had been received.

Mr Currie was working on the third level of the scaffolding when he lost his footing and stumbled through an unprotected ladder opening. His outstretched arm fell between ladder rungs and the momentum of his fall caused him to fall to the second level below, dislocating his shoulder and fracturing his arm.

HSE found there were no preventative measures, such as protected ladder traps or guardrails, to prevent a fall from one level to another, and that access ladders between each level were too short and did not provide suitable handholds.

Beacon Scaffolding Ltd, of Gloucester Avenue, London, was fined £5,000 and ordered to pay £1,737 costs after pleading guilty to a single breach of the Construction (Design and Management) Regulations 2007.

Speaking after the hearing, HSE Inspector Rauf Ahmed, said:

“This incident was entirely preventable"

“This case highlights the importance of scaffolding companies arranging ladder access openings between scaffold levels in such a way to prevent falls, and provide ladders of a sufficient length to offer suitable handholds above landing places.

“There are a number of well-known ways of arranging safe ladder access to prevent falls like this, and our investigation found no evidence of these being in use at the scene of the incident. In addition, if there are significant design changes to a scaffold, it is important the new designs are followed.

“Falls from height continue to be the largest cause of fatalities and serious injury.”

Landlord in court after office tenant fell through fire escape

A landlord has been fined after a man suffered fractured vertebrae when he fell through a faulty fire escape to evade intruders.

Jonathon Hoey, 36, of Tamworth, was left with serious back injuries after falling more than three metres while leaving the Tolson Mill building in Fazeley, Tamworth, on 6 November 2012.

He spent a month in hospital following the incident and had to wear a torso brace to support his back while his injuries healed.

The incident was investigated by the Health and Safety Executive (HSE), which prosecuted the mill’s owners, Ashfield Land (Birmingham) Ltd, for safety breaches at Stafford Magistrates’ Court.

HSE identified the company had failed to maintain the fire escape and, despite being aware of its poor condition for six months, had also failed to ensure it was not accessible until it could be fixed.

The court was told that Mr Hoey rented space for his business on the top floor of the five-storey building.

That evening he was working on his own when he became aware of intruders in the building and decided to use the external fire escape to try to avoid any confrontation.

But as he started to go down the fire escape, the top treads of the cast iron metal staircase collapsed and he fell more than three metres to the flight below.
Mr Hoey was off work for around three months following the fall and had to temporarily close his business. His mobility was seriously limited and he had physiotherapy for six months.

Ashfield Land (Birmingham) Ltd of Berkeley Place, Clifton, Bristol, was fined £13,500 and was told to pay £961 costs after pleading guilty to breaching Regulation 4(2) of the Workplace (Health, Safety and Welfare) Regulations 1992.

Speaking after the hearing, HSE inspector David Brassington said:
“In not maintaining this external fire escape, Ashfield Land (Birmingham) Ltd seriously failed the people using this building as a place of work.

“Duty holders with the responsibility for the maintenance of workplaces must ensure they are maintained, especially areas used for emergency access and exits.

“Where repairs cannot be made immediately, measures should be taken to prevent access to those areas

“A fall from height such as this could easily have resulted in a fatal incident.”

Builder in court for concrete burn failings

A builder has been fined after two labourers sustained second degree chemical burns after working knee-deep in wet concrete for more than four hours at a development in south west London.

One of the workers, who does not wish to be named, required skin grafts to both ankles as a result of his prolonged contact with the material at Stanley Road in East Sheen on 6 October 2010.

He and his colleague were left in severe discomfort after working as casual labourers for Geoffrey Cinko, 55, on a project to demolish five garages and erect two semi-detached homes in their place.

Mr Cinko was prosecuted by the Health and Safety Executive (HSE) after an investigation found he failed in his duty of care as an employer to ensure suitable instructions, personal protective equipment and welfare facilities were provided.

Westminster Magistrates’ Court heard during a two-day trial that the two injured workers had been asked to assist with the concreting of a basement excavation.
The wet concrete was poured into the excavation and they had to wade amongst it to evenly distribute and smooth the material before it was left to set.
Some three hours into the work one of the workers complained of severe pain to his legs, exited the concrete, and attempted to find welfare facilities to wash the concrete off his legs. However, no adequate welfare facilities were available.   The labourers continued working in varying depths of concrete up to just below their knees for at least another hour before they finished.

Both had to seek hospital treatment that evening after experiencing painful burning sensations around their ankles and lower legs. They were diagnosed with chemical burns and were unable to return to work.

The HSE investigation found that prior to the work neither worker was briefed on the risks of working with wet concrete, which is a strong alkali that can cause serious burns and ulcers.

Furthermore, Mr Cinko failed to provide personal protective equipment for the workers, such as boots providing cover to knee level; and welfare facilities at the site were wholly inadequate.

Geoffrey Cinko, of Holmesdale Avenue, East Sheen, SW14, was fined £10,000 and ordered to pay £10,000 in costs after being found guilty of breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

After the hearing, HSE inspector James Hickman commented:

“This was an entirely preventable incident that left two workers with serious and extremely painful chemical burn injuries.

“The risks associated with working with wet concrete are well known and the necessary control measures to protect workers are easily achievable. Yet they received no protection whatsoever from Mr Cinko, who showed a blatant disregard for their safety and welfare.

“He fell well short of the required standards expected of a competent principal contractor, and I hope his conviction sends a clear message to others.”

Large fine for heating firm after worker crushed to death

A Wednesbury-based heating, ventilation and air conditioning manufacturer has been fined £150,000 after a worker was crushed to death while working in its warehouse.

Ronald Meese, 58, of Bilston, a production supervisor for Roberts-Gordon Europe Ltd, had been stacking three-metre-long metal tubes in the warehouse in Darlaston Road, Wednesbury, when the incident happened on 27 July 2011.

With the aid of a forklift truck, he had created several stacks, but as he left his cab to set down timber pieces for the next bundle of tubes to rest on, one of the stacks, weighing a tonne, collapsed onto him. Paramedics were called but Mr Meese was pronounced dead at the scene.

The Health and Safety Executive (HSE) investigated and prosecuted his employers Roberts-Gordon Europe Ltd for safety failings at Wolverhampton Crown Court

The court heard another employee was unloading a container of the heater tubes, bound by bands into bundles of 19 and weighing around 200kg per bundle.

Mr Meese then used a forklift truck to move the bundles into stacks, five bundles high and with wooden separators, parallel to the internal wall of the “Goods In” area. He needed to leave the cab of the forklift truck at each trip to set down timber for the next bundle to rest on.

The HSE investigation found that there were no restraints nor any racking to support the tube stacks and the timber used to separate them were not a standard size. The source of the timber used for the task was not controlled by the company.

Mr Meese, who had been with the company for 34 years, was a trained forklift truck driver but neither he nor his colleagues had been given specific training or instruction on stacking the tube bundles. There was also no risk assessment in relation to the task.

Roberts-Gordon Europe Ltd, of Kings Hill Business Park, Darlaston Road, Wednesbury, was fined £150,000 and ordered to pay £33,000 costs, after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

Speaking after the hearing, Mr Meese’s sister Valerie Whitehouse said:
“As a family, we are all devastated by the untimely, unnecessary and tragic loss of our much loved Ronnie. All of the family miss him terribly.

“Our grief is exacerbated by the fact that we would still have Ronnie if safety standards had been implemented and adhered to at Roberts-Gordon Europe Ltd.
“We cannot ever forgive them for allowing the circumstances to exist which resulted in the death of our much loved Ronnie and denying him and our family the happy future we were all looking forward to, but is no longer possible.”
HSE inspector Carol Southerd added:

“This was a tragic and needless death that could have easily been avoided if there had been an assessment of the risks relating to unloading the tubes and adequate safety measures taken.

“Falls of heavy materials from above head height is a common problem and often leads to death or serious injury. Unsupported stacking of heavy materials is an unacceptably high risk in areas where pedestrian access is allowed.
“Storage racking should be used. It is necessary to prevent stored material from falling unexpectedly. If this is not possible, safe areas, such as overhead protected walkways, must be provided to allow access.

“Had storage racks been in use in this instance, Mr Meese would still be alive today.”

Preston building firm sentenced over cinema death

A Preston-based building firm has been fined £130,000 over the death of a worker outside a cinema in Ashton-on-Ribble.

The Health and Safety Executive (HSE) prosecuted EMC Contracts Ltd after father-of-one Carl Green was struck by a reversing van in a paved area outside the entrance to the Odeon Cinema on 27 July 2010.

The 45-year-old painter from Chorley had been working on a project to fit out a new coffee shop in the cinema when the incident happened. He died from his injuries on the way to hospital

During an eight-day-trial, Preston Crown Court was told EMC Contracts had been hired for a five-week project to fit a coffee shop in the foyer area of the cinema, on Port Way in Ashton-on-Ribble.

One of EMC’s employees had unloaded his van of construction materials and was reversing it to park up outside the cinema when it struck Mr Green, who was crossing behind it.

An HSE investigation found the company did not have any control measures in place to keep vehicles involved in the construction work away from pedestrians outside the cinema. As a result, both workers and members of the public had been put in danger.

The company had written a method statement for the work, which identified the risk of pedestrians being injured by vehicles as a main hazard. However, they failed to state what measures should be taken to reduce or eliminate the risk.
Emma Prescott, the mother of Mr Green’s daughter, Morgan, said:

“Our daughter was seven when Carl lost his life, and it continues to have a huge effect on her. Fathers’ Day, Christmas and Carl’s birthday are very difficult times.

“She should be doing all the lovely things children do with their dads but she can’t. Both our lives have been turned upside down and they will never be the same again.”

EMC Contracts Ltd, which has been put into voluntary liquidation, was found guilty of two breaches of the Health and Safety at Work etc Act 1974. The company, of Faraday Court in Fulwood, was fined £130,000 and ordered to pay £52,790 in prosecution costs on 5 March 2014.

Speaking after the hearing, HSE Inspector Susan Ritchie said:

“Carl Green tragically lost his life because the company that employed him didn’t fulfil its responsibilities to ensure his health and safety.

“The work at the cinema was carried out during the school holidays – at a time when children and their parents would have been watching the summer blockbusters.

“Despite this, EMC did not take any action to ensure its vehicles operated safely on the paved area in front of the cinema, therefore putting members of the public and its own employees in danger.

“There were numerous measures the company could have implemented to either eliminate or reduce the risk of collision, such as prohibiting vehicles from reversing or avoiding using its vehicles outside the cinema entrance altogether.

“These measures could have been implemented with little cost but the company still failed to act. As a result, a man lost his life.”

Leading print firm’s safety failures led to injury

A national printing company has been prosecuted for safety failings after a Leeds worker suffered a partial finger amputation because dangerous parts of a machine weren’t properly guarded.

The Health and Safety Executive (HSE) investigated the incident at Polestar UK Print Ltd’s factory in Whitehall Road, Leeds, on 12 February 2012.

Leeds Magistrates were told that the 55-year-old employee was injured as he attempted to remove a blockage from a magazine insert feeder machine.

He was removing debris from cogs within the machine when it unexpectedly started up again, turning the cogs slightly and creating a shear point. His right hand was caught and part of his first finger was sliced off.  He has since been able to return to work.

HSE found the machine was not isolated from its power source and there were insufficient safety measures in place to prevent access to the dangerous moving parts.

It also identified Polestar UK Print Ltd had not provided a safe system of work for getting into the machine to clear blockages or to carry out maintenance. Access was via a side panel that should either have been interlocked to prevent the machine running when the panel was removed, or fixed into place with a special tool.

Polestar UK Print Ltd., of Apex Centre, Boscombe Road, Dunstable, Bedfordshire, was fined £10,000 and ordered to pay £2,997 in full costs after admitting a breach of the Health and Safety at Work etc Act 1974.
After the hearing, HSE Inspector Bradley Wigglesworth said:

“There is no excuse for companies to operate without protecting employees from dangerous parts of machinery. The requirement for guarding is well known and understood by industry.

“Polestar’s failure to properly assess the risks or implement a safe system for isolation and lock-off had serious consequences. Had their guarding standards been of an acceptable standard, the worker’s injury could have been avoided.”

Somerset worker fined for endangering workers’ lives

A roofing contractor put the lives of workers at risk by failing to protect them from falls as they worked up to nine metres above ground on a barn roof, a court has been told.

Neil Popham, 50, was hired to build agricultural buildings at a farm in Over Stowey, in Somerset. During the construction in May 2013, a complaint was made to the Health and Safety Executive (HSE) about the safety of workers during the roof installation.

As a result, an HSE inspector visited the site and her investigation led to the prosecution of Mr Popham at Taunton Magistrates.

The court was told that on the day of the inspector’s visit, three workers were on top of a steel agricultural building installing roof sheets. The roof height varied from seven metres to nine metres.

There was no edge protection to prevent anyone falling off the building and inadequate netting to mitigate the effects of any fall. In addition, the workers had accessed the roof using a ladder that was not tied to prevent it falling.
Mr Popham had received enforcement notices relating to safe working at height on previous jobs.

Neil Popham, of Higher Heathcombe Farm, Enmore, near Bridgwater, pleaded guilty to a breach of the Work at Height Regulations 2005, was fined £5,000 and ordered to pay £950 in costs.

HSE Inspector Kate Leftly, speaking after the hearing, said:

“Falls from height remain one of the most common reasons for injuries and fatalities at work, and it is fortunate that no-one was seriously injured or killed in this case.

“The industry standards expected for work at height on roofs are well known. Having had previous enforcement action Mr Popham was more than aware of the risks but was still prepared to endanger the lives of those working for him.

“It’s crucial that employers make sure work is properly planned, appropriately supervised and that sufficient safety measures are put in place to protect staff.”

Teacher awarded £230,000 compensation after slipping on a ketchup sachet causing 'severe injury'

A teacher has been awarded £230,000 after he slipped on a sachet of tomato ketchup in a school corridor.

He suffered severe injuries in the fall as he was walking out of the staff room at a secondary school in Essex.

The personal injury claim was settled outside court by council chiefs who believed they may have been forced to shell out up to £500,000 including legal fees if the case had gone ahead.

Yesterday it emerged that the payout was one of 34 handed to injured teachers in the county between 2011 and 2013 – and who received a total of £1.05million.

Critics have now complained of a ‘compensation culture’ in schools after it was revealed that other staff had claimed for slipping on wet floors or being injured by a cupboard door.

The teacher in the ketchup incident was hurt on March 18 2008, but did not file a claim until March 10 2011 – just eight days before the three-year legal time limit for making personal injury claims.

A Freedom of Information request revealed that the council agreed a final settlement of £230,000 in April last year, including £90,000 in damages for pain, suffering and loss of amenity as well as damages for losses such as those relating to earnings and pension.

The payout also included £120,000 for the teacher’s legal fees and £20,000 in other costs.

Other claims to emerge include a £110,000 settlement to a member of staff who suffered a spinal injury after slipping on a wet floor on two separate occasions on the same day.
Another employee received £39,450 after suffering a wrist injury when a faulty metal door swung open when they were taking plates to a cupboard.

Legal costs on top of the actual payouts only add to the overall bill and the whole process undermines the ability of teachers to actually teach.
'It’s time schools resisted unscrupulous claims before teachers are unable to leave the staff room for fear of the school being sued.’

However, Jerry Glazier, the National Union of Teachers representative for Essex, said there is no compensation culture in schools.

He said: ‘We need to see these claims in context.
'As a union we will support members who pursue claims for personal injury when we feel they have been poorly treated by management in schools.
‘Schools are generally very safe environments but employers have a duty of care to protect both teachers and pupils.’

Essex County Council said it takes ‘health, safety and wellbeing’ seriously, adding that all compensation claims are investigated and damages paid if the authority is liable.


Littleborough firm in court after employee badly burned in factory fire

A Littleborough factory has been sentenced for safety failings following a major fire which left an employee with severe burns.

Multiroof Building Products Ltd was prosecuted by the Health and Safety Executive (HSE) following the blaze on 28 May 2012, which destroyed the entire factory and several neighbouring businesses.

A 25-year-old employee from Rochdale, who has asked not to be named, sustained burns to his neck and hands, was in hospital for several weeks and has been unable to return to work.

Trafford Magistrates’ Court heard the factory, at Stansfield Mill in Calderbrook, mixed flammable solvents with hot bitumen to produce roof treatment coatings.

On the day of the incident, workers were using a hose to feed around one tonne of solvents from a plastic container, known as a composite IBC, into an adjacent storage tank containing around 20 tonnes of hot bitumen.

Without warning, there was a sudden whoosh and flames erupted from the top of the plastic container. The fire quickly spread and within minutes the whole factory was alight. A total of 21 fire engines were required to tackle the blaze.

The HSE investigation found that Multiroof had allowed flammable vapours, created by the mixing process, to be released in the work area where there were potential ignition sources.

Other containers of flammable substances were stored close to the hot bitumen tank, increasing the risk that a fire would quickly spread.

Multiroof Building Products Ltd, which is no longer operating at the site, was fined £5,000 and ordered to pay £6,000 in prosecution costs after pleading guilty to two breaches of the Health and Safety at Work etc Act 1974.

Speaking after the hearing, HSE Inspector Anthony Polec said:

“An employee suffered burns that will affect him for the rest of his life because simple safety precautions were not taken.

“Multiroof knew its manufacturing process involved working with highly flammable substances but not enough was done to control flammable vapours or remove potential sources of ignition.

“The fire caused considerable disruption in the local area and destroyed several neighbouring businesses, but it could easily have been prevented.

“This case should act as a warning to companies that work with flammable substances of the potential consequences of not taking suitable precautions and making sure safety measures are in place.”

Housing trust and two firms fined for potential asbestos risk

A trust providing housing and care for the elderly and two firms hired to carry out refurbishment work at its premises in Alnwick have been fined after staff and residents were put at risk of exposure to asbestos.

West Yorkshire firm Express Elevators Ltd was contracted by Anchor Trust to replace the lift at St Paul’s Court sheltered housing scheme in November 2012. PC Lifts, of London, was subcontracted to remove the existing lift ahead of the new one being installed.

The lift shaft contained asbestos boards, which PC Lifts removed without putting any measures in place to prevent the spread of asbestos fibres.

The Health and Safety Executive (HSE) told Bedlington Magistrates’ Court that Anchor Trust had a duty as the client to ensure that arrangements made for managing the lift replacement were suitable, and ensured there was no risk to health.

They failed in this duty as they provided Express Elevators Ltd with conflicting information and, although an asbestos survey was provided, it was not sufficiently accurate or detailed enough for the work being carried out.

The HSE investigation found that Express Elevators Ltd failed in its duty to plan and manage the work as it did not make adequate inquiries about the presence of asbestos. The company relied on verbal information from Anchor and although it received the survey, no reference was made to it before work began.

PC Lifts was also found not to have made adequate inquiries and to have worked in the lift shaft without adequate lighting. These factors may have contributed to the company’s failure in identifying the asbestos. Asbestos boards were broken out from the top of the lift shaft, but no measures were put in place to prevent the spread of asbestos fibres through the building.

The combined failures of all three parties led to the unsafe removal of the asbestos and the potential spread of asbestos fibres, which exposed residents and others to a potential risk to their health.
Anchor Trust, of Bedford Street, London, was fined £10,000 and ordered to pay £346.40 in costs after pleading guilty to breaching Regulation 9(1)(a) of the Construction (Design and Management) Regulations 2007.

Express Elevators Ltd, of Otley Road, Baildon, Shipley, West Yorkshire was fined £8,000 with £827.30 costs after pleading guilty to breaching Regulation 13(2) of the same legislation.

PC Lifts Ltd, of St John Street, London, was fined £4,000 with £346.40 costs after pleading guilty to breaching Regulation 16 of the Control of Asbestos Regulations 2012.

Speaking after the case HSE Inspector Natalie Wright said:

“Asbestos is the single greatest cause of work-related deaths in the UK and those involved in the construction and refurbishment industry have a clear duty to ensure that work is managed so as to prevent the spread of asbestos.

“This incident occurred because not one of the defendants fulfilled their respective duties when carrying out the lift replacement at St Paul’s Court, leading to asbestos fibres being disturbed.

“As well as the companies’ employees, the residents at St Paul’s Court were also potentially put at risk.

“This incident was entirely preventable, had the companies carried out their respective safety duties. This prosecution should act as a reminder to all involved in such work, that whenever work is carried out which is liable to expose employees to asbestos a suitable survey must be done to establish whether asbestos is present before any work begins.”

Suffolk firm in court after workers exposed to asbestos

A Suffolk window replacement company has been fined after it exposed workers to potentially fatal asbestos material during work to replace window units at a school in Bury St Edmunds.

Frames Conservatories Direct Ltd (FCDL) informed Westley Middle school that asbestos panels would be removed by registered contractors and disposed of in the correct manner over the school summer holidays in 2012.

However, Bury St Edmunds Magistrates’ Court was told the company was not licensed to work with asbestos. Furthermore, employees undertaking the work were not told they would be handling asbestos, nor did they use any control measures to prevent the spread of fibres.

The Health and Safety Executive (HSE) investigated after being alerted both by FCDL employees and the school’s headteacher.

The court heard that concerns were first raised when other contractors noticed suspect material in a floor void and consulted a licensed asbestos contractor who then visited the school. The contractor saw window panels being removed and notified FCDL employees that they were handling materials likely to contain asbestos. Work was immediately stopped and the area sealed off.

A licensed contractor undertook an extensive programme of cleaning under strictly controlled conditions in all affected areas of the school. Once completed, air tests were carried out and the areas certified safe for re-occupation.

The school spent some £111,495 on environmental cleaning and replacement of teaching aids and other items that had to be destroyed because of contamination.

Frames Conservatories Direct Ltd, of Barton Retail Park, Barton Road, Bury St Edmunds, was fined a total of £24,000 and ordered to pay £10,571 in costs after pleading guilty to breaching regulations 8(1) and 11(1) of the Control of Asbestos Regulations 2012.

Speaking after the hearing, HSE Inspector Elizabeth Fowle said:

“This incident has been extremely stressful for those affected and has also been disruptive and costly for the school. All of this could have been avoided if the company had simply asked, ‘Should we be doing this work with asbestos?’

“Frames Conservatories Direct Ltd knew the window panels they planned to remove contained asbestos but wrongly decided they would work with the material.  They did not tell their employees about the presence of asbestos or specify any safety measures.

“As a result, they exposed workers to asbestos levels many times in excess of the Control Limit. The long term health risks associated with inhalation of asbestos fibres include lung cancer and mesothelioma.

“It was extremely fortunate that this work took place during the school holiday which meant that there were no pupils on site and few school staff.”