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.
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
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.”
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.”
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
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.”
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.”
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.”
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.”
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