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.”
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.”
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:
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.”
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
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
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.”
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.”
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
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.”
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.”
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.”
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.”
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