West Midlands firm in court over dangerous machinery risks
A West Midlands company that makes roller shutters has been fined after an employee severed part of his finger in an unguarded machine.
The 36-year-old, of Rowley Regis, was working at the Brierley Hill factory of P&D Group Services Ltd, which trades as IRSP (Insulated Roller Shutter Projects), when the incident happened on 25 September 2013.
Dudley Magistrates’ Court heard that the employee, who has asked not to be named, was operating a rolling mill, which folds flat metal strips into hollow tubes to form the individual parts of the shutter.
When a dent started to appear on the product, he tried to feel which component was causing the problem when his glove got caught and his finger was pulled into the roller.
He suffered severe crush injuries and the top of his finger had to be amputated to below the first knuckle. He was off work for seven weeks but has since returned to the company doing the same job.
An investigation by the Health and Safety Executive (HSE) found the machine had been unguarded for some time.
P&D Group Services Limited, of Old Bush Street, off Level Street, Brierley Hill, was fined £1,000 and ordered to pay a further £1,414 in costs after pleading guilty to breaching Regulation 11 of the Provision and Use of Work Equipment Regulations 1998.
After the hearing, HSE Inspector John Glynn said:
“This was not an isolated incident on a single day. Lack of guarding had persisted over a period of time meaning there was an inevitability of someone being injured at some point.
“This employee suffered a shocking and painful injury that was entirely preventable. It was P&D Group’s responsibility to ensure work equipment was safe and that dangerous moving parts were guarded. For some time the company required staff to approach the danger area around the rollers to set up and adjust the machine during production runs yet continuously failed to identify and address the matter of the missing guards.
“Preventing access to dangerous parts of machinery is a legal requirement and there is ample guidance and industry standards to allow dutyholders to achieve compliance with the law.”
Firm fined for putting workers at risk
A Tyne and Wear firm has been fined for putting workers at risk of serious injury after numerous potentially dangerous machines were found to be poorly guarded.
The Health and Safety Executive (HSE) carried out an inspection at two premises belonging to floral foam manufacturers Smithers-Oasis UK Ltd on the Crowther Industrial Estate, Washington. It followed an incident in which a machine operator suffered a partial amputation of her left middle finger and a broken left index finger while operating a milling machine.
Sunderland Magistrates’ Court heard that at the time of the incident, on 9 May 2012, HSE found there were no protective measures in place to stop workers getting too close to a specific dangerous moving part of the milling machine.
After the incident Smithers-Oasis UK Ltd did fit guarding to this area, but it was not fully effective and HSE served an enforcement notice requiring the firm to further improve the safety guards, which was complied with.
In October 2012 HSE Inspector Paul Miller carried out a general inspection of the company’s Tilley Road and Crowther Road sites and a significant number of machinery guarding defects were identified on several machines.
HSE served another Improvement Notice requiring action where the existing machinery guarding arrangements were found to be deficient. Again, this notice was complied with.
Smithers-Oasis UK Ltd, of Crowther Road, Washington, was fined £8,000 and ordered to pay £6,630 in costs after pleading guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998.
After the hearing, HSE inspector Paul Miller said:
“For a number of months employees at two sites had been put at risk of serious injuries due to Smithers-Oasis UK Ltd failing to prevent access to dangerous parts on a substantial number of machines. This was despite a worker’s injury and visits by HSE.
“These failings could have led to further injuries to workers including cuts, amputations and crush injuries. The company was simply lucky that a more serious incident to the one in May 2012 did not occur.
“Employers must take effective measures to prevent access to dangerous parts of machinery. This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone. Where this is not possible – such as with the blade of a circular saw – it must be guarded as far as is reasonably practicable and a safe system of work used.”
Workplace falls and dangerous machines top reasons for prosecutions
Workplace falls and dangerous machines have been named as the two most common reasons for companies being prosecuted over health and safety breaches in the North West.
The Health and Safety Executive (HSE) successfully brought 65 cases to court in the region during the 12 months from April 2013, with 14 cases involving work at height and 12 involving unsafe machinery.
HSE prosecutions in the North West included a construction company and sub-contractor from Bolton who appeared before magistrates after a worker suffered a fractured skull and broken back when he fell from a house roof.
A recycling plant in Kelbrook was also fined £46,000 after a worker almost lost his arm when it became trapped in machinery.
On average, 23 people are killed while at work in the North West every year, with an estimated 181 lives lost across Great Britain. In 2012/13, falls from height were the most common cause of workplace deaths, accounting for almost a third of fatal injuries to workers.
The figures also show the manufacturing industry was responsible for almost one in five deaths and injuries to workers, despite the sector only employing around 10 percent of the British workforce.
Steven Smith, HSE’s Head of Operations in the North West, said:
“Sadly, it’s often only after the death or major injury of an employee that firms take action to improve safety but hopefully, by bringing these cases to court, we’ll raise awareness of the issues and help prevent future incidents.
“It’s vital that firms carrying out work at height do more to stop employees being injured in falls. That could include using scaffolding or harnesses, or installing netting under fragile roof panels.
“Factories also need to do more to make sure their machines are safe to use. That means installing suitable guards to prevent workers being trapped by dangerous moving parts and ensuring that maintenance work is carried out safely.
“It needn’t take any more than a few minutes to assess the risks created by a particular work activity and could end up saving someone’s life.”
Worker suffers broken back after six-metre fall
A solar panel installation firm and its technical director have been prosecuted after an employee broke his back when he fell six metres through the roof light of a barn in Northamptonshire.
A 20 year-old man from Woolston, near Warrington, has been unable to work and has suffered constant pain and depression since the incident at Norton Grounds, Daventry on 28 November 2011.
Northampton Crown Court heard that he fell while installing solar panels for Alternative Energy Installations Limited, which has since gone into liquidation.
Soft floor material in the barn, used for horse training, helped to break his fall, but he was still hospitalised for four weeks with a serious back injury. The incident has had a significant impact on his life.
The Health and Safety Executive (HSE) investigated and prosecuted the firm’s technical director, Ian Black, of Denbigh, Wales, for failing to control the risk of falling through fragile roof materials.
Crawling boards and safety netting were subsequently used to continue the job after HSE served a Prohibition Notice ordering urgent safety improvements in the aftermath of the fall.
Alternative Energy Installations Limited, registered with Hodgsons Accountants of Park Road, Timperley, Cheshire, was today fined £30,000 and ordered to pay £27,000 in costs after being found guilty of breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
Ian Black, of Henallan Street, Denbigh, Wales, was fined £7,300 and ordered to pay £6,700 in costs after pleading guilty to the same charge at an earlier magistrates’ court appearance.
After the hearing, HSE inspector Peter Snelgrove said:
“This fall could have been fatal and was entirely and easily preventable. As it is, the incident has dramatically affected a young man, starting out in life, and he has not worked again since. He has been affected personally, emotionally and physically and has had to change his whole way of life. He will more than likely need to retrain and his loss of self-confidence has had a drastic effect on his social life.
“The director was aware that the roof lights were fragile, but failed to put any measures in place to prevent falls, despite another worker asking if they would be wearing safety harnesses, at which Mr Black laughed.
“The fact that they were able to overcome the problem so simply afterwards, by using crawling boards and safety netting, shows how easy it was to prevent the incident.
“Alternative Energy Installations Limited should have ensured that the work at height was properly planned and that workers had the right protective equipment and had been trained in its use.”
Roofing firm caught on camera risking lives
A roofing firm and its managing director have been fined after they allowed workers onto a house roof in Tyldesley to use a jet washer without safety measures in place.
The Health and Safety Executive (HSE) was alerted to the dangerous work at a semi-detached house by a member of the public on 6 June 2013, who took a photo showing a man standing halfway down the sloping roof using a jet washer to clear moss and other debris.
An HSE inspector visited the site later the same day and immediately issued a Prohibition Notice ordering the workers from IQ Roofing Solutions to come down until scaffolding or other safety improvements had been implemented.
Trafford Magistrates’ Court heard that Managing Director Stuart Bell had visited the site on the morning the work was due to start, and so knew it would be carried out without scaffolding around the edge of the roof.
The company also failed to provide proof that it held Employers’ Liability Insurance – a requirement under UK law – which allows workers to claim compensation if they suffer a workplace injury.
The court was told that the company had previously been served with a Prohibition Notice in 2011 relating to unsafe roof work and so was well aware of the dangers.
IQ Roofing Solutions pleaded guilty to two breaches of the Work at Height Regulations 2005 and one breach of the Employers’ Liability (Compulsory Insurance) Act 1969. The company, of Nelson Street in Tyldesley, was fined £3,000 and ordered to pay £2,000 towards the cost of the prosecution on 24 April 2014.
Stuart Bell, of the same address, was fined £1,000 and ordered to pay prosecution costs of £1,619 after admitting two breaches of the Work at Height Regulations 2005.
Speaking after the hearing, HSE Inspector Laura Moran said:
“Falls from height are responsible for around a third of workplace deaths every year, with 25 people losing their lives in 2012/13 alone. I’d therefore like to thank the member of the public who alerted us to the work, as they may well have prevented a serious injury.
“Both IQ Roofing Solutions and Stuart Bell put workers’ lives in danger by allowing them onto a slippery roof without safety measures in place. This meant that workers could have been badly injured if they had slipped and fallen to the ground below.
“If workers had been injured then they may not have been able to claim compensation as the firm also failed to provide us with any proof that it had Employers’ Liability Insurance.”
Power distribution consultancy fined after employee fall
A power distribution services provider has been fined for safety failings after a worker suffered multiple fractures in a cherry picker fall in Hertfordshire.
Nicholas Chenery, 33, of Stowmarket, suffered a compound fracture to the left leg and three fractured vertebrae to his lower spine in the incident in the Buntingford area on 9 August 2012.
He required extensive surgery, including steel pins and skin grafts for his leg fracture and a back brace fitted for his fractured vertebrae, and may need a further operation on a displaced bone in his left ankle. He was unable to work for several months, although he has now returned.
The Freedom Group of Companies Ltd (FGCL) was prosecuted by the Health and Safety Executive (HSE) after an investigation found that more could and should have been done to prevent his fall.
Watford Magistrates’ Court heard that the company had been commissioned by a major energy network operator to replace overhead power lines and distribution poles between Cherry Green and Reed in Hertfordshire. The project started on 2 April 2012 and lasted 44 weeks.
On 9 August, FGCL employees, including Mr Chenery, were rigging three overhead lines that were approximately 500 metres apart. One line was already secured to a distribution pole and a second line was about to be secured.
The second line was secured to the bucket of a cherry picker that carried Mr Chenery, and this was being raised to attach it to the pole. At the same time, some 500 metres away, the line was also being back-tensioned by a dumper truck.
The bucket was approximately 12 metres in the air when the dumper truck pulled the cherry picker over, causing the bucket to fall to the ground with Mr Chenery still inside.
During their investigation, HSE inspectors found that FGCL had fallen well below their own in-house standards regarding the planning, managing and monitoring of such a routine operation within their field of expertise.
In particular, the company had failed to plan and implement a clear and unambiguous communication system, which was clearly an important element to the task as the two teams working on the project were separated by great distances.
FGCL also failed to ensure the operation was supervised effectively.
Freedom Group of Companies Ltd, of Bradford Road, Tingley, West Yorks, was fined £35,000 and ordered to pay £11,272 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
Speaking after the sentencing hearing, HSE Inspector John Berezansky, said:
“Work at height of this nature is inherently high-risk, and it has to be properly planned, controlled and supervised.
“In this instance, the two teams involved in the task were separated by some 500 metres. Radios and mobile phones were provided; however the level of communication was poor and ambiguous, and the supervision of the task was sub-standard. FGCL should have ensured that the system they had in place was robust enough to deal with the risk.
“Without such a system in place, and in the absence of appropriate supervision, the workers became exposed to a much higher level of risk throughout the operation – especially Mr Chenery, who was in the most vulnerable position in the cherry picker bucket some 12 metres up in the air.
“He sustained serious injuries as a direct result of FGCL’s failure to manage the risks of this operation.”
Six metre fall lands firm in court
An construction firm has been fined for safety failings after a worker was seriously injured when he fell six metres through a roof sheet.
William [known as Wilbert] Paterson, then 58, and from the island was one of three workers employed by Daniel Harcus Construction repairing a fragile roof at a farm in Tuquoy, Westray, when the incident occurred on 16 April 2012.
Kirkwall Sheriff Court was told that Mr Paterson and his colleagues were lifted on to the roof by a telehandler and had then stepped onto the fragile roof to begin work without any crawl ladders or other safety measures in place.
He had successfully replaced a couple of broken fibre cement sheets and was moving over the ridge from one pitch of the roof to the other when he stepped on a sheet which fractured under his weight. He fell through the sheet on to the concrete floor some six metres below.
Mr Paterson, who had worked for 24 years for the company, broke his left arm and suffered multiple fractures and vascular damage to his left foot along with pelvic bruising. He continues to suffer pain in his left foot and arm and has not recovered sufficiently to return to labouring work.
An investigation by the Health and Safety Executive (HSE) found that Daniel Harcus Construction had failed to come up with a safe alternative system of work once it became apparent that existing crawling boards could not be used because of the curved ridge of the roof.
HSE found the firm had failed to properly plan and appropriately supervise work being carried out at height, and to ensure that the work was carried out in a safe manner.
Daniel Harcus Construction, of Old School, Rapness, Orkney, was fined £5,000 after pleading guilty to breaching Regulation 4 of the Work at Height Regulations 2005. Following the case, HSE Principal Inspector Niall Miller, said:
“This was an entirely avoidable incident. Falls from height remain one of the most common reasons for injuries and even fatalities at work, and it is fortunate that Mr Paterson survived such a fall, albeit with serious injuries.
“Daniel Harcus Construction should have carried out a risk assessment before work started. The dangers of fragile roofs are well-known in the industry and consideration should have been given to alternative approaches, for example replacing the boards from underneath.”
Falling through fragile roofs and fragile roof lights accounts for almost a fifth of all the fatal accidents which result from a fall from height in the construction industry. On average seven people are killed each year after falling through a fragile roof or fragile roof light. Many others suffer permanent disabling injury.
Firm ignored safety warning at excavation site
A development company carried out potentially dangerous work and then ignored a Prohibition Notice requiring them to stop until improvements had been made, a court has heard.
Eastlake Developments carried out the work to install septic tanks in a six-metre-deep excavation for cottages in Llanfair Discoed, near Chepstow, in July 2013 but allowed an unqualified worker to be in charge of the project.
The work was investigated by the Health and Safety Executive (HSE) which prosecuted the company at Cwmbran Magistrates Court.
The court heard that a HSE inspector visited the site following concerns raised about the safety of workers. Significant failings were found, including the large excavation which had unsupported sides and no barriers to prevent anyone falling in.
The site manager had also not had the required training necessary to manage excavations and a Prohibition Notice was served to prevent any further work taking place.
Despite this, the company continued to work in the excavation and during a return visit inspectors found a second tank had been installed.
Eastlake Developments Ltd, of Parc Maes Ffynnon, Itton, near Chepstow, pleaded guilty to two breaches of health and safety legislation and was fined a total of £8,000 and ordered to pay £1,187 in costs.
Speaking after the hearing, HSE Inspector Steve Richardson said:
“More people die working in the construction industry than any other trade so companies must plan, manage and control construction work in a safe way. That means employing competent people who understand the risks of the job under their control.
Employee in court after striking co-worker’s head with digger bucket
A construction site worker from Rushden has been prosecuted after he struck another worker on the head with the bucket on a digger.
Gary Draper was prosecuted by the Health and Safety Executive (HSE) after an investigation found he had been using a mobile phone while operating the excavator vehicle on a building site in Milton Keynes, and had not noticed his colleague.
Milton Keynes Magistrates’ Court heard that Mr Draper had been operating the excavator at the Middleton site off Brickhill Street on 8 December 2012, working alongside a colleague who was driving the site dumper truck. The operation involved Mr Draper excavating and dumping material into the truck for transport to another location at the site.
The court heard that the driver of the dumper truck, who does not wish to be named, had returned to the excavation site to await the next load of material.
Mr Draper had been using his mobile phone and, not realising his colleague had returned, rotated the upper body of the excavator causing the metal bucket to strike the driver on the side of his head.
The worker sustained multiple fractures to his jaw as well as a punctured and collapsed lung. He was hospitalised for ten days and did not return to work until 14 months later, and will require further surgery on his jaw.
Gary Draper, of Oakpits Way, Rushden, Northants, was ordered to pay compensation of £2,500 to the injured worker, and costs of £1,554 after pleading guilty to a single breach the Health and Safety at Work Act 1974.
Speaking after the hearing, HSE Inspector Stephen Manley said:
“Construction site vehicles are extremely powerful and, if the operator becomes distracted, can be highly dangerous.
“Road users are rightly banned from using mobile phones when driving cars. It’s clearly important that those in control of machinery – weighing up to 40 tonnes in some cases – need to be equally attentive and concentrate solely on the job at hand.
“This incident could easily have been avoided if the operator had followed site rules and not become complacent about his responsibilities when operating his vehicle.”
Company in court after worker suffers crush injuries
A Suffolk firm which makes rubber granules has been fined for safety breaches after an agency worker was severely injured when the forklift truck he was driving overturned.
The 27-year-old, who does not wish to be named, was manoeuvring the vehicle with a clamp attachment in a raised position when it overturned and crushed him at Murfitts Industries Ltd’s site in Lakenheath.
The man suffered severe injuries and subsequently had to have his spleen removed so needs to be on permanent antibiotics. He has since returned to work at another company but still suffers pain.
The incident, on 27 September 2012, was investigated by the Health and Safety Executive (HSE) which prosecuted the company at Bury St Edmunds Magistrates’ Court.
The court heard the injured worker – who was employed via an agency – had not received any formal training to drive the vehicle and was not wearing a seatbelt. The company had previously received enforcement action from HSE concerning its management of workplace transport, and as a result had provided training to their own staff but this had not extended to agency workers.
Murfitts Industries Ltd, of Station Road, Lakenheath, Suffolk, was fined £17,000 and ordered to pay costs of £10,985 after pleading guilty to breaching Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998.
Speaking after the hearing HSE Inspector Steven Gill, said:
“This injury could easily have been avoided had Murfitts Industries provided sufficient training and adequate supervision to make sure safety measures were in place, such as drivers wearing seatbelts.
“Forklift trucks can overturn if manoeuvres are not carried out correctly and such risks are well known in the industry. That is why any driver using these vehicles must be provided with appropriate training. Murfitts knew the standard for training because they had provided it for their own staff, but failed to ensure that their agency workers were similarly trained when using the same equipment.”
HSE Construction Plan of Work 2014/2015
The HSE has recently published its Construction Plan of Work 2014/15.
Key points for the industry to note.
- In 2014/15 and beyond occupational disease and ill
health is a key priority.
- HSE will be inspecting larger home building projects
and one-off developments to ensure effective management of both health and
safety risks on site.
- HSE will also be looking ‘beyond the site gate’, examining
how other duty holders such as designers and clients have, and can,
influence health and safety standards on site.
Specific projects will include:
- Concentrated health initiatives
- Fragile roofs
- Home building
- Loft conversion
- Solar panel installation on commercial premises
- Temporary demountable structures
- Fire (timber frame structures)
- Improving Leadership Performance.
Main operational activities will target the following:
- Licensed asbestos removal work
- Small sites/projects
- Refurbishment
- Home building
- Major projects/large contractors
- Local priorities.
The following issues will be considered during site visits:
- Work at height
- Occupational health risks
- Asbestos risks
- Provision of welfare facilities
- Site conditions (Good order)
In addition, the HSE will also consider:
- Management of health risks
- Leadership
- Worker involvement
- CDM duty holders
- Contractor competence
- Temporary works
