- Glasgow City Council has been fined £20,000 following the death of a pensioner after he was struck by a reversing refuse vehicle in the city centre.
Malcolm McCulloch, 71, a retired dock worker from Glasgow, was walking across Holm Street, Glasgow, when he was struck by the reversing lorry on 10 August 2012. He suffered severe chest and pelvic injuries and later died in hospital.
The incident was investigated by the Health and Safety Executive (HSE) and a prosecution brought against the council for serious safety failings.
Glasgow Sheriff Court heard that the council carried out its own commercial glass collection. As the reversing of refuse collection vehicles is a hazardous activity, the council had introduced a program of reversing assistant training between March and December 2011. A reversing assistant’s role is to stand outside the vehicle and guide the driver in situations where reversing manoeuvres cannot be avoided.
The driver of the vehicle on the date of the incident was employed through an agency, rather than as a direct employee of the council, and had worked on the glass collection vehicle since March 2012. A labourer employed by the council travelled with the driver, getting out at stops to empty the glass bins.
However, neither the driver nor the labourer involved in this incident had undergone reversing assistant training. The council had failed to ensure that agency workers received the training and had also failed to identify that its own employee had not received the training.
The court was told that on the date of the incident, at around 11am, the driver reversed the lorry from Wellington Street, into and along Holm Street.
Several cars were parked in Holm Street at the time. The driver checked his mirrors, turned on the vehicle’s flashing beacon and reversing siren, and reversed down the street while his colleague sat in the passenger seat.
At this time, Mr McCulloch was walking from Wellington Street into and along Holm Street, where he walked out between some parked cars to cross the road. However, neither the driver nor his colleague saw him leaving the pavement. He was struck by the lorry, fell underneath the vehicle and was dragged some way along the road as the driver continued to reverse, unaware of what had happened.
The driver only saw Mr McCulloch lying in the road when he stopped the vehicle and got out of his cab. Mr McCulloch was taken to hospital but later died as a result of his injuries.
An inspection of the vehicle by HSE mechanical specialists found no defects, and its warning beacon and siren were working correctly. However, there was a blind spot, around 2.2 metres wide, that was not covered by the CCTV camera or wing mirrors. Accordingly neither the driver nor the labourer would have seen Mr McCulloch stepping into the path of the reversing lorry. A reversing assistant should have been used to guide the driver while reversing and to prevent pedestrians such as Mr McCulloch from being able to cross the road as the lorry reversed..
Glasgow City Council, of City Chambers, Glasgow, was fined £20,000 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. Following the case, HSE Inspector Eve Macready, said:
“It appears the collision resulted from the lorry reversing along Holm Street and Mr McCulloch walking on the road while a lorry was reversing towards him.
“Our investigation has found there was a blind spot for the driver even when using the camera, but if a reversing assistant had been used this would have prevented the incident.
“Reversing vehicles poses one of the biggest hazards in the refuse collection industry and there is plenty of guidance available on how to reduce the risks. The fact that the driver and his colleague had not been trained meant they did not have the skills necessary and were not fully aware of the need to use a reversing assistant – as a result Mr McCulloch has needlessly lost his life.”
The incident was investigated by the Health and Safety Executive (HSE) and a prosecution brought against the council for serious safety failings.
Glasgow Sheriff Court heard that the council carried out its own commercial glass collection. As the reversing of refuse collection vehicles is a hazardous activity, the council had introduced a program of reversing assistant training between March and December 2011. A reversing assistant’s role is to stand outside the vehicle and guide the driver in situations where reversing manoeuvres cannot be avoided.
The driver of the vehicle on the date of the incident was employed through an agency, rather than as a direct employee of the council, and had worked on the glass collection vehicle since March 2012. A labourer employed by the council travelled with the driver, getting out at stops to empty the glass bins.
However, neither the driver nor the labourer involved in this incident had undergone reversing assistant training. The council had failed to ensure that agency workers received the training and had also failed to identify that its own employee had not received the training.
The court was told that on the date of the incident, at around 11am, the driver reversed the lorry from Wellington Street, into and along Holm Street.
Several cars were parked in Holm Street at the time. The driver checked his mirrors, turned on the vehicle’s flashing beacon and reversing siren, and reversed down the street while his colleague sat in the passenger seat.
At this time, Mr McCulloch was walking from Wellington Street into and along Holm Street, where he walked out between some parked cars to cross the road. However, neither the driver nor his colleague saw him leaving the pavement. He was struck by the lorry, fell underneath the vehicle and was dragged some way along the road as the driver continued to reverse, unaware of what had happened.
The driver only saw Mr McCulloch lying in the road when he stopped the vehicle and got out of his cab. Mr McCulloch was taken to hospital but later died as a result of his injuries.
An inspection of the vehicle by HSE mechanical specialists found no defects, and its warning beacon and siren were working correctly. However, there was a blind spot, around 2.2 metres wide, that was not covered by the CCTV camera or wing mirrors. Accordingly neither the driver nor the labourer would have seen Mr McCulloch stepping into the path of the reversing lorry. A reversing assistant should have been used to guide the driver while reversing and to prevent pedestrians such as Mr McCulloch from being able to cross the road as the lorry reversed..
Glasgow City Council, of City Chambers, Glasgow, was fined £20,000 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. Following the case, HSE Inspector Eve Macready, said:
“It appears the collision resulted from the lorry reversing along Holm Street and Mr McCulloch walking on the road while a lorry was reversing towards him.
“Our investigation has found there was a blind spot for the driver even when using the camera, but if a reversing assistant had been used this would have prevented the incident.
“Reversing vehicles poses one of the biggest hazards in the refuse collection industry and there is plenty of guidance available on how to reduce the risks. The fact that the driver and his colleague had not been trained meant they did not have the skills necessary and were not fully aware of the need to use a reversing assistant – as a result Mr McCulloch has needlessly lost his life.”
Bolton charity in court after child loses finger in school door
- A Bolton charity has been prosecuted for safety failings after a nine-year-old boy with autism lost a finger when his left hand became trapped in a school door.
The Health and Safety Executive (HSE) took legal action against the Birtenshaw charity after an investigation found the organisation had failed to make sure all of the doors at its new special needs school in Bromley Cross were fitted with finger guards.
Trafford Magistrates’ Court heard that the child, who also has learning difficulties, trapped his hand in the hinge of the door when he went into the ‘quiet room’ during his first few days in the new school building on 11 September 2012. He lost all of his index finger as a result of the incident.
The court was told that the charity, which runs Birtenshaw School on Darwen Road along with several care homes, had identified the need for finger guards during the construction of its new school building.
However, the organisation failed to make sure the guards had been fitted before the new building opened to pupils in September 2012, and several doors were found to have missing guards.
Birtenshaw, of Darwen Road in Bromley Cross, received a conditional discharge and was ordered to pay £898 in prosecution costs after admitting a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector David Norton said:
“A nine-year-old boy has suffered an injury that will affect him for the rest of his life because of the failings of the charity which runs the school.
“Birtenshaw knew there was a risk of children’s fingers becoming trapped in doors as the pupils who attend the school have learning and physical disabilities, making them particularly vulnerable.
“It would have been relatively easy to walk around the school to check all of the doors had been fitted with finger guards before pupils moved into the new building, but the charity failed to do this.
“It’s vital that organisations do more than just identify risks and actually make sure measures are in place to tackle any dangers.”
Trafford Magistrates’ Court heard that the child, who also has learning difficulties, trapped his hand in the hinge of the door when he went into the ‘quiet room’ during his first few days in the new school building on 11 September 2012. He lost all of his index finger as a result of the incident.
The court was told that the charity, which runs Birtenshaw School on Darwen Road along with several care homes, had identified the need for finger guards during the construction of its new school building.
However, the organisation failed to make sure the guards had been fitted before the new building opened to pupils in September 2012, and several doors were found to have missing guards.
Birtenshaw, of Darwen Road in Bromley Cross, received a conditional discharge and was ordered to pay £898 in prosecution costs after admitting a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector David Norton said:
“A nine-year-old boy has suffered an injury that will affect him for the rest of his life because of the failings of the charity which runs the school.
“Birtenshaw knew there was a risk of children’s fingers becoming trapped in doors as the pupils who attend the school have learning and physical disabilities, making them particularly vulnerable.
“It would have been relatively easy to walk around the school to check all of the doors had been fitted with finger guards before pupils moved into the new building, but the charity failed to do this.
“It’s vital that organisations do more than just identify risks and actually make sure measures are in place to tackle any dangers.”
Salford Council prosecuted after child loses fingertips in school gate
- Salford City Council has been fined £20,000 after a six-year-old boy with autism and learning difficulties lost the tips of three fingers when his hand was trapped in a school gate.
The child was a pupil at Springwood Special Educational Needs Primary School on Barton Road in Swinton when the incident happened on 23 October 2012.
The council was prosecuted by the Health and Safety Executive (HSE) after an investigation found the council had failed to act on a report produced in April 2004 which identified the risk of children trapping their fingers in the outside gates. Action was only taken after the incident in 2012, when guards were fitted to 22 gates at the school.
Manchester Crown Court, Minshull Street, heard there was an eight centimetre gap on the side of the gate when it was shut, but the gap was reduced to zero when the gate was pushed open, creating a guillotine effect.
On the day of the incident, staff had opened the gate to allow ten children into the playground for their lunchtime break. However, the boy’s left hand became trapped in the gate’s hinges at some point when the children were walking through, and his fingertips were severed. He lost the tips of three fingers, with his middle finger cut off up to the first knuckle.
Parts of his fingers were recovered and hospital staff managed to reattach two of them, but he now has reduced use of his hand and amputation injuries.
The court was told that the risk assessment in place at the time of the incident advised staff to be vigilant and supervise children through the gates, but guards could have been fitted at little cost. This would have prevented children from putting their fingers in the gap by the hinges.
Salford City Council, of Chorley Road in Swinton, was fined £20,000 and ordered to pay £3,632 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Emily Osborne said:
“All of the children at Springwood Primary School have special educational needs and many have profound and multiple learning difficulties, so are particularly vulnerable.
“Salford City Council failed to make sure health and safety at the school met the minimum legal standards and put these children at risk over a long period of time.
“Teachers did their best to supervise children through the gates and follow the risk assessment to avoid fingers being trapped, but no action was taken by the council to prevent this from happening.
“It is simply not good enough to identify something as being a serious risk but then to do nothing about it, and a guard should have been fitted over the dangerous part of the gate. Instead, a six-year-old boy suffered injuries that are likely to affect him for life as a result of the council’s failings.”
The council was prosecuted by the Health and Safety Executive (HSE) after an investigation found the council had failed to act on a report produced in April 2004 which identified the risk of children trapping their fingers in the outside gates. Action was only taken after the incident in 2012, when guards were fitted to 22 gates at the school.
Manchester Crown Court, Minshull Street, heard there was an eight centimetre gap on the side of the gate when it was shut, but the gap was reduced to zero when the gate was pushed open, creating a guillotine effect.
On the day of the incident, staff had opened the gate to allow ten children into the playground for their lunchtime break. However, the boy’s left hand became trapped in the gate’s hinges at some point when the children were walking through, and his fingertips were severed. He lost the tips of three fingers, with his middle finger cut off up to the first knuckle.
Parts of his fingers were recovered and hospital staff managed to reattach two of them, but he now has reduced use of his hand and amputation injuries.
The court was told that the risk assessment in place at the time of the incident advised staff to be vigilant and supervise children through the gates, but guards could have been fitted at little cost. This would have prevented children from putting their fingers in the gap by the hinges.
Salford City Council, of Chorley Road in Swinton, was fined £20,000 and ordered to pay £3,632 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Emily Osborne said:
“All of the children at Springwood Primary School have special educational needs and many have profound and multiple learning difficulties, so are particularly vulnerable.
“Salford City Council failed to make sure health and safety at the school met the minimum legal standards and put these children at risk over a long period of time.
“Teachers did their best to supervise children through the gates and follow the risk assessment to avoid fingers being trapped, but no action was taken by the council to prevent this from happening.
“It is simply not good enough to identify something as being a serious risk but then to do nothing about it, and a guard should have been fitted over the dangerous part of the gate. Instead, a six-year-old boy suffered injuries that are likely to affect him for life as a result of the council’s failings.”
Fraudulent gas fitters put Plymouth homeowner at risk
- An unregistered gas fitter and his employee have been prosecuted after carrying out illegal gas work and leaving a gas fire in a dangerous condition.
Ashley Rice, 41, who trades as Bathroom Inspirations, carried out extensive work at a house in Lipson between October and November 2012 with Gavin Bennett, also 41. It included disconnecting an old back boiler and installing a new gas central heating system.
The pair were prosecuted at Plymouth Magistrates’ Court by the Health and Safety Executive (HSE) after a gas fire was found to be potentially dangerous.
The court heard that a Gas Safe Registered engineer visited the site and classed the gas fire as “At Risk” because there was insufficient ventilation in the room, which could have led to a build-up of poisonous carbon monoxide.
HSE’s investigations found that neither man was registered with Gas Safe and so were breaking the law by carrying out any gas fitting work.
Mr Rice also displayed the Gas Safe Register logo in his shop in Stoke, Plymouth, and claimed to be a registered engineer on his website, misleading customers that he was qualified and legally registered to do the work.
HSE served a Prohibition Notice on Mr Rice requiring him to remove the Gas Safe Register references, which he failed to do.
Ashley Rice, of Gray Crescent, St Budeaux, pleaded guilty to three breaches of gas safety regulations and a single breach of the Health and Safety at Work Act 1974. He was fined £2,140 and ordered to pay costs of £2,500.
Gavin Bennett, of Union Street, Plymouth, pleaded guilty to a single breach of gas safety regulations and was fined £110 and ordered to pay £100 in costs.
HSE Inspector Simon Jones, speaking after the hearing, said:
“Ashley Rice and Gavin Bennett were not competent or registered to work on gas appliances.
“Members of the public have the right to believe and have confidence in the Gas Safe Register logo and Ashley Rice blatantly misled members of the public into believing that he was able to undertake work on gas when he had no qualifications for this at all. Even after being formally warned not to advertise as being Gas Safe registered he continued to do so in a deliberate disregard for the law.
“The poor standard of work in this case could have had tragic consequences for the homeowners.”
Russell Kramer, chief executive of Gas Safe Register, said:
“It’s vital that people only ever use registered gas engineers to fit or fix gas appliances. 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
The pair were prosecuted at Plymouth Magistrates’ Court by the Health and Safety Executive (HSE) after a gas fire was found to be potentially dangerous.
The court heard that a Gas Safe Registered engineer visited the site and classed the gas fire as “At Risk” because there was insufficient ventilation in the room, which could have led to a build-up of poisonous carbon monoxide.
HSE’s investigations found that neither man was registered with Gas Safe and so were breaking the law by carrying out any gas fitting work.
Mr Rice also displayed the Gas Safe Register logo in his shop in Stoke, Plymouth, and claimed to be a registered engineer on his website, misleading customers that he was qualified and legally registered to do the work.
HSE served a Prohibition Notice on Mr Rice requiring him to remove the Gas Safe Register references, which he failed to do.
Ashley Rice, of Gray Crescent, St Budeaux, pleaded guilty to three breaches of gas safety regulations and a single breach of the Health and Safety at Work Act 1974. He was fined £2,140 and ordered to pay costs of £2,500.
Gavin Bennett, of Union Street, Plymouth, pleaded guilty to a single breach of gas safety regulations and was fined £110 and ordered to pay £100 in costs.
HSE Inspector Simon Jones, speaking after the hearing, said:
“Ashley Rice and Gavin Bennett were not competent or registered to work on gas appliances.
“Members of the public have the right to believe and have confidence in the Gas Safe Register logo and Ashley Rice blatantly misled members of the public into believing that he was able to undertake work on gas when he had no qualifications for this at all. Even after being formally warned not to advertise as being Gas Safe registered he continued to do so in a deliberate disregard for the law.
“The poor standard of work in this case could have had tragic consequences for the homeowners.”
Russell Kramer, chief executive of Gas Safe Register, said:
“It’s vital that people only ever use registered gas engineers to fit or fix gas appliances. 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
Plumber in court following illegal gas work
- A plumber has been told to do 180 hours unpaid community service for illegal and dangerous gas work at a home in Milton Keynes.
Darren Queeley, from Hampton, Middlesex agreed to install a new gas boiler and pipework at a vacant rental property on Arncliffe, Milton Keynes on 2 January 2013, despite not being registered with Gas Safe.
He completed the work, turned on the gas supply on and left the boiler running, however he did not leave any paperwork regarding registration with Gas Safe Register – as the law requires.
Milton Keynes Magistrates’ Court heard that Mr Queeley then informed the householder that he would need to contact another gas fitter to check the boiler, falsely claiming he was Gas Safe registered only for work in London, and not the Milton Keynes area.
A qualified gas fitter subsequently inspected the work. He discovered that an unsafe connection had left the flue in an unsuitable condition, and identified the boiler as ‘immediately dangerous’. The fitter turned the gas supply off and informed the Health and Safety Executive (HSE).
Darren Queeley, of Starling Walk, Hampton was given 180 hours of unpaid community service work over a period of 12 months, and ordered to pay costs of £2,055 after pleading guilty to four breaches of the Gas Safety (Installation and Use) Regulations 1998.
After the case, HSE Inspector Robert Meardon said:
“Darren Queeley has shown a flagrant disregard for the law. He carried out gas work whilst unregistered, leaving a domestic boiler in a dangerous condition and likely to leak gas.
“People can and do die as a result of gas leaks. It is therefore vital that only registered gas engineers, who are trained and competent, work on gas appliances and fittings.
“Unless you are on the Register, you should not undertake this work. If you are a landlord or home owner you need to make sure you only use someone who is on the register.
“HSE will not hesitate to take action in cases of unsafe and unregistered gas work, and will always hold offenders to account.”
Russell Kramer chief executive of Gas Safe Register, added:
“Every Gas Safe registered engineer carries a Gas Safe ID card, which shows who they are and the type of gas appliances they are qualified to work on.
He completed the work, turned on the gas supply on and left the boiler running, however he did not leave any paperwork regarding registration with Gas Safe Register – as the law requires.
Milton Keynes Magistrates’ Court heard that Mr Queeley then informed the householder that he would need to contact another gas fitter to check the boiler, falsely claiming he was Gas Safe registered only for work in London, and not the Milton Keynes area.
A qualified gas fitter subsequently inspected the work. He discovered that an unsafe connection had left the flue in an unsuitable condition, and identified the boiler as ‘immediately dangerous’. The fitter turned the gas supply off and informed the Health and Safety Executive (HSE).
Darren Queeley, of Starling Walk, Hampton was given 180 hours of unpaid community service work over a period of 12 months, and ordered to pay costs of £2,055 after pleading guilty to four breaches of the Gas Safety (Installation and Use) Regulations 1998.
After the case, HSE Inspector Robert Meardon said:
“Darren Queeley has shown a flagrant disregard for the law. He carried out gas work whilst unregistered, leaving a domestic boiler in a dangerous condition and likely to leak gas.
“People can and do die as a result of gas leaks. It is therefore vital that only registered gas engineers, who are trained and competent, work on gas appliances and fittings.
“Unless you are on the Register, you should not undertake this work. If you are a landlord or home owner you need to make sure you only use someone who is on the register.
“HSE will not hesitate to take action in cases of unsafe and unregistered gas work, and will always hold offenders to account.”
Russell Kramer chief executive of Gas Safe Register, added:
“Every Gas Safe registered engineer carries a Gas Safe ID card, which shows who they are and the type of gas appliances they are qualified to work on.
Court action after unsafe wall collapsed onto homeowner
- A Huddersfield builder has been prosecuted for safety breaches that led to a 61-year-old woman being badly injured when a wall collapsed in her garden.
The woman, from Waterloo, who does not wish to be named, suffered a broken jaw, a double fracture to her right ankle, plus cuts and bruises, when she was struck by the collapse of the two-metre, earth-retaining wall.
Kirklees Magistrates sentenced Lee Marsden, director of MWK Group LLP, after he pleaded guilty to breaching the Health and Safety at Work etc Act 1974.
The court was told an investigation by the Health and Safety Executive (HSE) after the incident on 9 September 2011 found Mr Marsden failed to ensure the wall was properly built to withstand the pressures of an earth-retaining structure.
Mr Marsden had been involved first-hand in the work on site and directed the other workers on the build. During the construction, cracks began to appear in the wall. Work was temporarily halted but adequate precautions were not taken to ensure the safety of the residents in the house.
Magistrates fined Lee Marsden, of Dewhurst Road, Fartown, £140 and ordered him to pay £100 in costs. Mr Marsden, who represented himself, no longer works.
After the hearing, HSE Inspector Dave Stewart said:
“Construction work should only be undertaken by those competent to do the job safely in accordance with a design that deals with the specific risks. Mr Marsden did not recognise the dangers posed by the structure he built, which was incapable of retaining the forces exerted upon it.
“He also failed to prevent access to the wall when cracks appeared, and it was recognised as unstable. The wall did collapse and, sadly, the householder was in the garden at the time and was seriously injured.
“Building contractors should engage competent engineers to advise on suitable designs for structures that will be subject to considerable loads. Inadequate design is a major cause of structural failure – the consequences of which can be serious and often fatal.
Kirklees Magistrates sentenced Lee Marsden, director of MWK Group LLP, after he pleaded guilty to breaching the Health and Safety at Work etc Act 1974.
The court was told an investigation by the Health and Safety Executive (HSE) after the incident on 9 September 2011 found Mr Marsden failed to ensure the wall was properly built to withstand the pressures of an earth-retaining structure.
Mr Marsden had been involved first-hand in the work on site and directed the other workers on the build. During the construction, cracks began to appear in the wall. Work was temporarily halted but adequate precautions were not taken to ensure the safety of the residents in the house.
Magistrates fined Lee Marsden, of Dewhurst Road, Fartown, £140 and ordered him to pay £100 in costs. Mr Marsden, who represented himself, no longer works.
After the hearing, HSE Inspector Dave Stewart said:
“Construction work should only be undertaken by those competent to do the job safely in accordance with a design that deals with the specific risks. Mr Marsden did not recognise the dangers posed by the structure he built, which was incapable of retaining the forces exerted upon it.
“He also failed to prevent access to the wall when cracks appeared, and it was recognised as unstable. The wall did collapse and, sadly, the householder was in the garden at the time and was seriously injured.
“Building contractors should engage competent engineers to advise on suitable designs for structures that will be subject to considerable loads. Inadequate design is a major cause of structural failure – the consequences of which can be serious and often fatal.
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