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.”
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.”
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.”
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.”
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.”
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