Monday 30 June 2014

Inspections challenge construction sites to ‘Think Health’

Poor working conditions likely to lead to ill health on building sites will be targeted this month as work continues to reduce death, injury and ill health in the industry.
For every fatal accident in the construction industry, it is estimated that a worker is at least 100 times more likely to die from a disease caused or made worse by their work.

During a concentrated two-week drive the Health and Safety Executive (HSE) will make unannounced visits across the country, focusing on ill health on construction sites.

Inspectors will be looking in particular at respiratory risks from dusts including silica materials; exposure to other hazardous substances such as cement and lead paint; manual handling, noise and vibration.

In 2012/13, 39 construction workers were killed. However, more than 500 deaths a year are due to silica exposure alone.

HSE Chief Inspector of Construction, Heather Bryant, said:

“The construction sector has made good progress in reducing the number of people killed and injured by its activities. We need to tackle where workers are unnecessarily being exposed to serious health risks, such as silica dust, which can have fatal or debilitating consequences.

“This initiative provides a chance to engage with these firms to help them understand what they need to do, so they can put in place the practical measures needed to keep people safe.

“However, let me be clear – poor risk management and a lack of awareness of responsibilities is unacceptable.

“Companies who deliberately cut corners can expect to feel the full weight of the law.”

Worker’s injury reveals factory’s ‘appalling’ safety
A packaging firm has appeared in court after an investigation into a worker’s injury revealed safety standards described as ‘appalling’.
Europlast (Blackburn) Ltd was prosecuted by the Health and Safety Executive (HSE) after an employee had part of a finger amputated after his left hand became trapped in unguarded machinery in June 2012.

HSE discovered that two other workers had been injured in similar machinery incidents less than nine months earlier, numerous safety guards were missing or disabled on machines, and workers had not been given suitable training.

Preston Crown Court heard that the 26-year-old employee from Blackburn, who has asked not to be named, had been working on a machine used to produce bubble wrap when the incident happened at the plant at Shadsworth Business Park on 6 June 2012.

The worker was trying to remove small pieces of plastic which had become stuck when his hand was pulled in between two rollers. It remained trapped for several minutes before another employee eventually found the emergency stop button.

He suffered burns and crush injuries to his hand, required skin grafts and had to have the top half of his middle finger amputated. The court was told two other workers had also suffered injuries when their hands became trapped in machinery in April 2012 and September 2011.

HSE first made Europlast aware of the need to guard dangerous machine parts during a visit to the site in September 2009. This warning was repeated in July 2011 when an external health and safety consultant highlighted ‘intolerable risks’ from missing guards on machines at the factory.

The consultant stressed the importance of implementing his findings when he returned to the site later in the year, after it became clear that no action had been taken.

Europlast (Blackburn) Ltd, of Duttons Way in Blackburn, was fined £50,010 and ordered to pay prosecution costs of £23,102 after admitting breaches of the Management of Health and Safety at Work Regulations 1999, the Provision and Use of Work Equipment Regulations 1998 and the Health and Safety at Work etc Act 1974.

Speaking after the hearing, HSE Principal Inspector Mike Sebastian said:
“The injured worker has only ever carried out manual work but his prospects of employment are now severely affected, as he can no longer use to his hand to hold, grab or lift anything properly.

“When we visited the factory following the incident, we found an appalling state of health and safety with no safe system of work in place for any of the machines.

“What’s even more shocking is that the company had failed to take any action to improve safety despite receiving numerous warnings and at least two other workers also suffering injuries.

“There appears to have been a complete absence of any attempt to organise or control health and safety at the factory, with the company apparently showing a total lack of care about the safety of its employees.”

Van maker in court over serious safety failings

A vehicle manufacturer has been told to pay nearly £180,000 in fines and costs for safety failings after a crane operator suffered severe crush injuries in a lifting operation at the company’s press shop in Luton.
The worker, who does not wish to be named, suffered multiple injuries including fractures to the upper left arm, breastbone, right collarbone and ribs; as well as collapsed lungs.

The incident, on 1 July 2011 at IBC Vehicles Ltd factory in Kimpton Road, was investigated by the Health and Safety Executive (HSE), who prosecuted the firm.

Luton Crown Court heard the employee had lowered an eight-tonne die block – used to make van parts – into its storage position, and was unhooking it from the crane’s lifting chains when the 50-tonne crane started to move, dragging the block towards the worker and crushing him against another block behind him.

The crane operator was hospitalised for two weeks and has had numerous operations since, but has not been able to return to work.

HSE found a protective frame around the control levers of the crane designed to prevent inadvertent operation was missing. There were also serious shortcomings with the company’s maintenance of lifting equipment and management of lifting operations, including the provision of training and information for crane operators.

The court was told that a number of the ten cranes in the press shop at the factory had previously missed annual examinations by as much as 12 months, and that some failed to have identified maintenance issues acted upon. In addition, the provision of training and information for employees was inadequate to ensure that lifting operations were carried out safely.

IBC Vehicles Ltd, of Kimpton Road, Luton, was fined a total of £155,000 and ordered to pay £22,795 in costs after pleading guilty to two breaches of the Provision and Use of Work Equipment Regulations 1998 and two breaches of the Lifting Operations and Lifting Equipment Regulations 1998.

After the case, HSE Inspector Stephen Manley, said:

“There were multiple failings on the part of IBC Vehicles Ltd. Cranes had not been maintained or inspected properly, operators had not been given adequate information or regular training, and lifting operations were not properly planned, including in particular the systems for daily checks on the equipment, to ensure the lifts were then carried out safely.

“Although only a small number of these failings may have contributed towards the incident in July 2011, as a whole they had the potential to create a serious risk to which many employees at the company would have been exposed for some considerable time.”

Joinery firm in court after worker crushed by falling MDF
An Essex joinery firm has been fined for safety failings after an employee was crushed by half a tonne of fibreboards (MDF) at its premises in Basildon.
The 50 year old worker from Rayleigh, Essex, suffered two collapsed lungs, a broken collar bone, five broken ribs and a gash to his head following the incident on 26 September 2013. He was hospitalised for two weeks and returned to work on light duties in January 2014.

Specialist Joinery Projects Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation found that more could and should have been done to prevent the boards from falling on him.

Basildon Magistrates’ Court heard that the employee was working in the joinery shop of the factory, selecting MDF boards to be cut down to size. The boards were stored vertically and leant against racking.

The worker had removed three boards, but as he removed the fourth, a suction effect caused a further 15 of the 30kg boards to topple over on top of him, knocking him over. As he fell he gashed his head on a stack of timber, and was then pinned to the concrete floor under the weight of the boards for several minutes before being freed.

HSE’s investigation found that the MDF boards were unsecured and not racked, and that the total approximate weight of the boards falling on the worker would have been half a tonne.

Specialist Joinery Projects Ltd of Bowlers Court, Honywood Road, Basildon, Essex, was fined £10,000 and ordered to pay £598 in costs after pleading guilty to a single breach of the Work at Height Regulations 2005.

Speaking after the hearing, HSE Inspector Kim Tichias said:

“The risks from falling timber and board material in the wood-working industry are well-known. There have been a number of incidents in recent years, including fatalities, where poorly-stored and unsecured boards have fallen on workers.

“Specialist Joinery Projects should have ensured boarding was secure and that there was a safe process for using and handling boarding for employees to follow. Simple and relatively inexpensive control measures, such as racking, would have prevented this incident and the serious injuries incurred by this worker.”

Firm fined after worker loses leg in scaffold fall

A worker who had no recognised training as a scaffolder had to have a lower leg amputated after he fell from unguarded scaffolding, a court has heard.
Andrew Gore, 37, from Mountain Ash, was helping to dismantle the scaffolding outside a nursing home in Merthyr Mawr Road, Bridgend, when he fell around four metres to the ground.

The incident, in June 2013, was investigated by the Health and Safety Executive (HSE), which prosecuted his employers, Mills Scaffold Company Limited, at Bridgend Magistrates.

The court heard that the scaffold, erected by Mills Scaffold Company Ltd, was three lifts high and Mr Gore was working on the second lift. Another scaffolder was on the lift above, passing down parts of the scaffold to him, which he, in turn, passed on to a labourer on the ground.

Mr Gore was not wearing a harness and the lift was just two boards wide. The firm had failed to put any guardrails in place. Mr Gore had undone the swivel coupling at the bottom of a brace, which he then inadvertently leaned on. The brace moved and he fell to the ground, causing severe injuries. Since the incident, he has spent most of the last year in hospital and undergone a number of operations.

The incident was only reported to HSE six months later, when he made an insurance claim after he had to have his lower leg amputated because of an infection following the injury. The company was issued with a Prohibition Notice by HSE in 2012 for a similar offence.

HSE’s investigation found that Mr Gore had not been given training in the safe erection or dismantling of scaffolding.

Mills Scaffold Company Ltd of Church Street, Mountain Ash, pleaded guilty to a breach of the Work at Height regulations and Reporting of Injuries Regulations, as the incident was not reported to HSE. The company was fined a total of £15,000 and ordered to pay £1,118 in costs.

HSE Inspector Hayley Healey, speaking after the hearing, said:

“Mr Gore has suffered a great deal of pain and life changing injuries. As a single parent of two young children, one of whom he has custody for, his life has changed dramatically.

“This was a totally needless incident which could have been avoided if Mills Scaffold Company had ensured a safe system of work had been in place. And it was their responsibility to make sure trained workers were used on the scaffolding. There is plenty of industry guidance available about safely dismantling scaffolding.

“If simple methods of work had been followed, levels of competency checked and good supervision in place on site, this work could have been carried out safely. Falls from height remains one of the most common causes of fatalities and major injuries in the construction industry, with more than five incidents every day.”

HSE announces results of asbestos management in schools inspections 2013/14

The Health and Safety Executive (HSE) has published the results of its latest asbestos in schools inspection initiative, which took place in 2013/14.
HSE inspected a carefully selected random sample of 153 non-local authority schools between April 2013 and January 2014, which included independent, voluntary aided and foundation schools, free schools and academies.

The majority of schools inspected (71 per cent) required either no further action or were given straightforward, simple advice. However, 29 per cent (44 schools) received written advice from HSE, and 13 per cent (20 schools) were subject to enforcement action, in the form of improvement notices.

The improvement notices set out a requirement for recipient schools to improve arrangements for managing asbestos. Enforcement action was taken over failures such as training staff and producing written management plans – not because staff or pupils were considered at significant risk of exposure, but because these are vital elements of the required control measures.

Compliance with the Control of Asbestos Regulations in England, Scotland and Wales showed an overall improvement compared with that found in a similar survey and inspection programme of 164 schools outside local authority control in 2010/11 where 41 improvement notices were served on 28 schools..
Geoff Cox, the Head of HSE’s Public Services Sector, said:

“Over the last few years there has been a lot of work by stakeholders across the school sector to raise awareness of the duty to manage asbestos. It is really encouraging to see that awareness of the requirements has increased since our previous inspection initiative.

“That said, schools should not be under any illusion – managing asbestos requires ongoing attention. Schools now have access to a wealth of guidance setting out clear and straightforward steps to achieve and maintain compliance.
“Where duty holders fall below acceptable standards, HSE has taken, and will continue to take, enforcement action”

The inspections revealed a number of common themes in those cases where schools were falling short of the requirements. HSE has published its findings to help share more widely what can be learned from them.

All schools must ensure they have up to date records of asbestos containing materials in their school – this is to make sure that the school knows the location of any asbestos containing materials that could be damaged or disturbed by normal activities, by foreseeable maintenance, or when installing new equipment.

Training is essential for maintenance staff whose work could foreseeably expose them to asbestos and every school needs a robust system to alert anyone who may disturb asbestos at the school.  The key group of personnel at risk from asbestos is tradespeople – particularly those undertaking maintenance activities.  It is vital that schools ensure that anyone who may disturb asbestos is made aware of its location and condition.

Asbestos which is in good condition and remains undamaged and undisturbed does not pose any significant risk to health if it is managed in compliance with the legal requirements and according to HSE’s published guidance.

Sussex firm and businessman in court after worker loses both legs

A scrap metal company and a businessman have been sentenced for serious safety breaches that led to a site worker losing both legs as the doors of a 16-tonne baling machine closed on him.
The 42-year-old worker was dealing with a problem inside the five-metre long baler at H Ripley & Co’s site in Westfield, East Sussex, when the doors of the machine began to close. He tried to use a remote control to stop them, but it failed to respond.

The man, now living in Pontypool, Wales, made a desperate attempt to escape in the remaining seconds, but the force of the jaws hit his legs as he scrambled away. One leg was severed and the other severely crushed and was amputated later in hospital.

The Health and Safety Executive (HSE), which investigated the incident, on 24 May 2011, found the company’s isolation procedure for the baler was totally inadequate. It also found the remote control, built by co-defendant John Platt, of Thakeham, West Sussex, was seriously flawed.

Lewes Crown Court heard that it was possible for the baler, used to compact scrap metal, to take only one minute and 15 seconds to go from ‘car to cube’. The maximum force of its doors was some 180 tonnes.

HSE’s investigation identified that a lack of suitable controls meant workers were able to get too close to the crushing and shearing hazards presented by the machine.

H Ripley & Co, which has three sites in East Sussex and two in Kent, had bought the baling machine in 2008 second-hand and fire-damaged and needed to get the radio control system re-built.

HSE found the remote control, manufactured and installed by John Platt, had several serious flaws. As a result, once the baler doors started closing, the remote control failed to activate to stop them. In addition the remote was not robust enough for the demands of working in a scrap metal yard.

H Ripley & Co. of North Street, Hailsham, West Sussex, was fined £60,000 and ordered to pay £34,633 in full costs after admitting breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

John Platt, t/a John Platt Services of Bramble Lane, Thakeham, West Sussex, pleaded guilty to breaching Section 6(1) of the same Act. He was fined £10,000 with £5,000 to pay toward costs.

After the court hearing, HSE Inspector Stephen Green said:

“This was a horrific incident in which a worker suffered the loss of both legs, endured a sixth-month period in hospital and who will now spend the rest of his life in a wheelchair.

“It was also entirely preventable, H Ripley & Co had completely neglected to consider the risks and identify control measures needed to operate the machine safely. It had failed to ensure that there was a system to isolate the machine from power before anyone could get inside.

“It appears that no thought was given to the safety aspects of the remote units for the baler or the way they worked. Had original remotes been sourced or had John Platt manufactured fully functional alternatives, it is likely the incident would not have happened.

Monday 23 June 2014

HSE Myth Busters

Issue

Schoolchildren have been told to wear long sleeves and hats in the playground during hot weather to protect them from sunburn. A school spokesman said the move was for health and safety reasons.

Panel decision

This is yet another example of the misuse of “health and safety” when the real issue is about teaching young people at an early age how to take sensible precautions on a long term public health risk that they will need to deal with throughout their lives. Insisting on long sleeves and hats isn’t very helpful or proportionate as some will find this very uncomfortable. There is plenty of advice available on a range of proportionate measures that schools can put in place – and these also make it clear that there is no legal obstacle to school staff helping children to apply sun screen.

Issue

A furious builder has quit his job in London after he was ordered to remove two flags which he put up to support England in the World Cup.

Panel decision

Health and safety law does not stop anyone supporting their team and celebrating major sporting events. It seems that a key reason for taking these England flags down was that workers of other nationalities might also want to do the same in support of their own national teams but its difficult to see why that would be a problem and certainly not a health and safety one!!

Illegal gas fitter put lives at risk

A Hyde builder who illegally carried out gas work at two homes in the town has appeared in court after putting the lives of two families at risk.
Monwar Ali, 40, was prosecuted by the Health and Safety Executive (HSE) after an investigation found he had left a boiler at a house on Norbury Avenue in a condition classified as immediately dangerous.

A total of eight defects were also found with a boiler he installed on Harbour Farm Road. Both installations left the families living in the houses, which included young children, at risk of suffering carbon monoxide poisoning.

Manchester Crown Court heard that Mr Ali had been paid £21,000 to carry out a loft conversion at a house on Norbury Avenue in 2011.

As part of this work he removed the flue pipe connected to the boiler, despite not being qualified or registered to do this. He failed to replace the pipe for nearly two months, which meant fumes spilled back into the house.

When a gas engineer visited the property to carry out a routine annual check of the boiler in August 2011, he classified it as being immediately dangerous due to a high carbon monoxide reading and an incorrect flue pipe being used. The homeowners had to get the boiler relocated downstairs with new pipework at an additional cost to them of nearly £500.

The HSE investigation found Mr Ali had also built a two-floor extension to a house on Harbour Farm Road during the same year. The written quote he provided for the work included the Gas Safe Register logo, wrongly giving the customer the impression he was able to carry out gas work.

Mr Ali was paid nearly £50,000 and moved the gas boiler on two occasions – first from the outhouse into the existing kitchen and then into the new kitchen in the extension. He also attempted to carry out repairs to the boiler in July 2011 when it broke down.

Monwar Ali received a community order requiring him to carry out 220 hours of unpaid work within the next 12 months after pleading guilty to six breaches of the Gas Safety (Installation and Use) Regulations 1998 between 28 December 2010 and 31 August 2011. Mr Ali, of Syddall Street in Hyde, was also ordered to pay £2,000 towards prosecution costs during the hearing on 13 June 2014.
Speaking after the hearing, HSE Inspector Ian Betley said:

“Monwar Ali put the lives of two families at risk by working on gas boilers at two properties without the appropriate training and without being registered to work with gas.

“One of the boilers was found to be immediately dangerous and it’s only luck that no one was seriously harmed by carbon monoxide poisoning.

“Gas work has the potential to be extremely dangerous if it isn’t carried out by trained professionals. Mr Ali knew he wasn’t up to the job but he still took money for work he wasn’t qualified to do, putting profit before safety.”

Russell Kramer, Chief Executive of Gas Safe Register, added:

“One in five of the illegal gas jobs we investigate are found to be immediately dangerous. This means that the work could lead to a gas leak, fire, explosion or carbon monoxide poisoning.

“It is vital therefore that people always make sure they only use a registered gas engineer. Every Gas Safe registered engineer carries a Gas Safe ID card, which shows who they are and the type of gas work they are qualified to do, so you can check if your engineer is legal and safe by asking for the card.”

Moonlighting gas engineer sentenced after illegal work at take-aways

A domestic gas engineer has been sentenced to 90 hours community payback after carrying out work on commercial catering premises that he was not competent to do.
James Richard Harvey Skinner, 43, from Portlethen, Aberdeenshire, was employed by a gas company but, unknown to them, he did private gas fitting work in commercial take-aways and restaurants as an unregistered gas engineer. He undertook gas safety inspection and installation work at Indian takeaways in Stonehaven and Portlethen in 2010.

Aberdeen Sheriff Court heard that Mr Skinner issued Gas Safety records on the wrong forms using a Gas Safe registration number that he fraudulently claimed was his own, which turned out to belong to a former employer.

Mr Skinner’s activities were investigated by the Health and Safety Executive (HSE) after complaints from Gas Safe Register and Aberdeenshire Council.
A Gas Safe engineer visited two take-aways and found a number of safety issues that a gas engineer with catering competence should have identified including an open-ended gas pipe that was left uncapped.

HSE said this could have caused a significant build-up of gas and a subsequent explosion had the isolation valve been turned by mistake and the gas ignited. An immediate Prohibition Notice was issued halting use of the relevant gas appliances until they were made safe.

The court heard that although Mr Skinner did not necessarily create the risks in the premises, he failed to ensure that they were identified and remedied.
A similar investigation at another take-away found incorrect fitting of a tandoori oven and no ‘interlocking’ of the extraction system, meaning gas could have been turned on without the extractor operating, which could have led to a build-up of Carbon Monoxide and Carbon Dioxide levels, putting workers at risk of poisoning.  Once again an immediate Prohibition Notice was served on the premises.

The court was told that when Mr Skinner was interviewed, he initially suggested that he had been impersonated, though he later accepted he had undertaken work at the premises.

James Richard Harvey Skinner, 43, of Cairngrassie Circle, Portlethen, Aberdeenshire, was sentenced to a 90 hour community payback order, a direct alternative to a custodial sentence, after pleading guilty to four breaches of the Gas Safety (Installation and Use) Regulations 1998 and also to a breach of Section 3(2) of the Health and Safety at Work Act 1974.

After sentencing, HSE Inspector John Radcliffe said:

“In carrying out this commercial work while not registered and competent to do so, Mr Skinner put those working in these premises, those living and working nearby and customers visiting them at risk.

“Any business or sole trader who carries out work on any commercial gas appliances without being on the Gas Safe Register is breaking the law and potentially putting lives in danger.

“Despite Mr Skinner being a competent domestic gas engineer, who at the time was employed by a well known company, he did not have current commercial catering qualification/competencies and as a result was operating illegally.
“By knowingly using the registration number of another business, Mr Skinner compounded the severity of his actions by giving his clients a sense of security and safety that was entirely false.”

Russell Kramer, Chief Executive of Gas Safe Register, said:

“In the right hands gas is safe but gas work should only ever be undertaken by a suitably qualified and competent Gas Safe registered engineer.

Company in court after worker seriously injured in fall

A Trowbridge company and one of its directors have been fined for safety failings after a worker was seriously injured in a four metre fall from an unsecured metal platformbalanced on the raised forks of a fork lift truck.
The man, who does not wish to be identified, fractured his right wrist and right eye socket and also suffered severe internal bruising in the incident at the White Horse Business Park on 14 January 2013. He was unable to work normally for several months and still requires further surgery.
 
The fall occurred as he was undertaking cable installation work on behalf of an electrical contractor at Summit Chairs Ltd. The company was prosecuted alongside sales director Roy Gurney after an investigation by the Health and Safety Executive (HSE) found access for the work at height was inherently unsafe.
 
Swindon Magistrates’ Court heard that although a scissor lift was kept on site for such work, it was no longer available for use, and the equipment the workers were expected to use instead was entirely inappropriate.
 
HSE established that Roy Gurney suggested raising a metal stillage or cage on the forks of a fork lift truck to provide a work platform. He was aware that the stillage was simply resting on, but not secured to, the forks of the truck, with nothing to prevent it from sliding along the forks or tilting to either side.
 
The court was told that had the work been properly planned and managed, with suitable equipment in place, the incident could have been avoided.
 
Summit Chairs Ltd, of Clarksmill, Stallard Street, Trowbridge, was fined £7,500 and ordered to pay £4,000 in costs after admitting breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
 
Roy Gurney, of The Common, Broughton Gifford, Melksham, was fined £3,000 and ordered to pay £1,315 in costs for the same offence.
 
Speaking after the hearing, HSE Inspector Andy Shaw said:
 
“Falling from four metres onto a hard surface often kills, and this incident could so easily have ended in tragedy. As it was, the worker was seriously injured because he was expected to work at a dangerous height using fundamentally unsafe means of access.
 
“Roy Gurney and Summit Chairs Ltd failed to properly assess the risk or plan the job accordingly. This case highlights the need for companies and individuals who engage contractors to ensure that working methods and equipment for work at height are safe and appropriate for the circumstances.
 
“The host employer is responsible for the safety of contractor’s staff as well as their own, and directors can be personally responsible for serious failings that result in significant injury or death in their workplace.
 
“Work of this type should always be carefully planned and shortcuts should not be taken with methods of access.”

Firm sentenced after worker injured in fall

An engineering services company has been fined for safety failings after a worker was injured when he fell from the trailer bed of a lorry at its premises in Aberdeen.
Kenneth Morrison, 61 at the time, was securing a load at the TDC (Aberdeen) Ltd site on 21 March 2012 when he lost his footing stepping down from the vehicle and fell to the ground.

Aberdeen Sheriff Court heard that Mr Morrison, a storeman and driver for the firm, had secured a load in the back of the lorry using ratchet straps. He took hold of the strap to steady himself as he stepped backwards over the side boards of the lorry, intending to use the side crash bar as a step down to the ground. But the strap came loose and he fell backwards onto the ground below.

Mr Morrison suffered minor head injuries and taken to hospital but was discharged the same day. He returned to work a few days later and has made a full recovery.

An investigation by the Health and Safety Executive (HSE) revealed TDC (Aberdeen) Ltd had failed to identify the risk of falls from vehicles and had not considered work on the lorries in that  context to be a hazard. As a result, no control measures had been put in place to prevent falls.

Employees had also not been given any training, information or instruction on how to carry out the task safely and a lack of supervision meant that they had each devised their own way of working.

Since the incident the company has carried out a task-specific risk assessment and introduced a number of simple safeguards. TDC (Aberdeen) Ltd, of Bankhead Industrial Estate, Bucksburn, Aberdeen, was fined £5,000 after pleading guilty to breaching Section 2 of the Health and Safety at Work etc Act 1974.   Following the case, HSE Inspector Sarah Forbes, said:

“Thankfully Mr Morrison’s injuries were not as serious as they could have been – it could easily have been worse.

“But the fact remains that this incident could have been avoided in the first place and was the result of TDC (Aberdeen) Ltd failing to make sure its employees were adequately protected from the risks associated with their jobs.”

Firm in court after trainee scaffolder injured in fall
A Carlisle scaffolding firm has been fined £15,000 after an employee was seriously injured when he fell more than six metres through a roof light.
Contract Scaffolding Services Limited was prosecuted by the Health and Safety Executive (HSE) following the incident at a factory in Dalston, Cumbria, on 22 February 2013.

Carlisle Magistrates’ Court heard the company had been sub-contracted to fit edge protection around the roof of a building, to allow its removal ahead of the building’s demolition.

The 23-year-old trainee scaffolder, from Carlisle, who does not want to be named, was part of a four-strong team carrying out the work. He was wearing a harness, but this was not clipped onto anything at the time of the incident.

He was working on the roof and as he tried to walk past one of his colleagues, he stepped onto a roof light which gave way, causing him to fall through it.

As he fell, he struck parts of the internal steel structure of the building, causing severe cuts to his face and head, before hitting the concrete floor more than six and a half metres below and shattering his knee cap into 12 pieces. As a result of his injuries, he is no longer able to carry out manual work.

The court was told that although Contract Scaffolding Services Ltd had prepared a scaffolding plan, method statement and risk assessment prior to starting the work, it did not mention the presence of the fragile roof lights.

The scaffolding plan stated that workers would initially work from a cherry picker or scissor lift and that once a single handrail was installed they would gain access onto the roof.

This would prevent falls from the edge but offered no protection from a fall through the roof lights, which ran at four metre intervals and left less than half a metre of usable space where the scaffolders were working.

The plan made no mention of the need to wear a harness when working on the roof and the court heard that although the injured worker was issued with a harness, at five feet the lanyard was so long that even if it had been clipped onto the scaffolding it would not have stopped him falling through the roof lights due to their position.

Contract Scaffolding Services Limited, of Carleton Depot, London Road, Carlisle, was fined £15,000 and ordered to pay £920 costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and Regulation 9(1) of the Work at Height Regulations 2005 on 18 June 2014.
Speaking after the hearing, HSE Inspector Martin Paren said:

“A worker at Contract Scaffolding Services Ltd has suffered injuries that could affect him from the rest of his life purely because the company failed to make sure its employees were safe.

“The risk of falling through fragile roof lights is well known in the industry but the risk assessment carried out by the company in this case failed to highlight their presence and to ensure a safe system of work was in place to prevent falls.
“A fall from a height of more than six metres could have been fatal. As it is, this young man has suffered serious injuries which could have easily been avoided because his employer failed in its duty to ensure his safety.”

Firm fined after worker seriously injured in four metre fall
A 23-year-old worker was left seriously injured after falling more than four metres from a ladder while installing audio visual equipment at a North Yorkshire school, a court has heard.
Lee Rutherford, from Durham, suffered fractures to his lower right leg and upper right arm, and a shattered elbow as a result of the fall at Filey Junior School on 21 June 2013. He required reconstructive surgery and also developed serious side-effects in his left shoulder as a result of his treatment.

His employer, Peterborough-based Hedley Solutions Ltd, was prosecuted today (20 June) by the Health and Safety Executive (HSE) after an investigation identified safety failings.

Scarborough Magistrates’ Court heard that Mr Rutherford was installing audio visual equipment at the school with a colleague, and was using a set of combination ladders to enable him to work at height.

The ladders were being used as an extension ladder, positioned against an internal wall of the school hall, so that he could feed an IT cable through to a loft area. for his colleague.

While working at the top of the ladder, it slipped and he fell around four and a half metres to the floor.

HSE found that the ladders had not been secured and there was no effective anti-slip device or any other measure in use to provide stability.

It was also found that the work had not been properly assessed or planned by Hedley Solutions Ltd. If a proper assessment had been carried out, the risks would have been identified and more suitable access equipment, such as a tower scaffold or mobile elevated working platform, could have been used.
Hedley Solutions Ltd, of Millenium House, Dukesmead Werrington, Peterborough, was fined £10,000 and ordered to pay £1,296 in costs after admitting a breach of Section 2(1) of the Health and Safety at Work etc Act 1974.

After the hearing, Lee Rutherford said:

“I still get a lot of pain in my arm, there’s a lot of scarring from where I had to have surgery and skin grafts to rebuild my arm and I don’t have the same amount of movement as I used to.

“I have managed to go back to work, though I’m no longer with Hedley, but things are not the same as they were.

“No-one will ever understand how a fall from a ladder will affect the rest of their life. The constant pain and lack of movement I now have has affected me in so many ways. You need to stop and think before using an extension ladder – always think of yourself first.”

HSE Inspector Victoria Wise added:

“The height of the ceiling in the hall at Filey Junior School was around five metres and the consequences of a fall from this height onto a wooden floor could have been fatal. As it was this young man suffered serious injuries from which he is still recovering.

“The real tragedy is that it could so easily have been avoided if Hedley Solutions Ltd had properly assessed and planned the work in advance. An assessment of the risks would have shown that due to the length of the task, the distance and consequences of a potential fall, and the work required, ladders were not appropriate and an alternative means of access could have been provided.

“Falling from height remains one of the biggest causes of death and major injury in the workplace. It is crucial that employers properly assess and plan any task that involves working from height and use the most appropriate work equipment which prevents a fall occurring. There is a wide selection of work equipment available that is designed specially for work at height and there is no excuse for putting workers at unnecessary risk of serious injury, or even death.”

Worker’s floor slip led to loss of fingertips

A Leeds-based company has been sentenced after a worker suffered serious injuries to his hand when it came into contact with the drive chain of a conveyor at a Newcastle factory.
The 26-year-old, of Longbenton, Newcastle, was clearing up after completing a job on a freezer at Country Style Foods Ltd when he slipped on the icy floor. He instinctively put out his right hand to steady himself but as he did so it struck the drive chain of a moving conveyor, taking the tips off two of his fingers down to the first joint, and injuring a third.

He was off work for four weeks but has since been able to return to work.
The employee was working as a contract electrician at Country Style’s premises in Benton Lane, where they make baguettes, when the incident happened on 30 August 2013.

Newcastle Magistrates’ Court was told that an investigation by the Health and Safety Executive (HSE) found the safety guard had been removed from the machine some time previously, which meant that workers were not protected from dangerous moving parts.

The court heard that there had been an accumulation of ice on the floor due to a problem with the freezer doors. The ice had not been cleared so the floor was very slippery.

Country Style Foods Ltd, of Pontefract Lane, Leeds, was fined £8,500 and ordered to pay £794 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.   After the case, HSE Inspector Shuna Rank said:   “This worker’s injuries should not and need not have happened. This incident was easily preventable had Country Style Foods Ltd ensured safety guards were in place on the machinery. The company should also have taken steps to prevent the accumulation of ice on the freezer floor.
“Guards and safety systems are there for a reason, and companies have a legal duty of care to ensure they are properly fitted and working effectively at all times.

“Slips and trips are the biggest cause of major injuries in the food and drink industry with 37% of all major accidents in the industry being as a result of slips.”

Recycling firm sentenced over worker’s arm injury
A waste and recycling company has been fined for safety failings after a worker suffered crush injuries when his arm was caught in an unguarded moving conveyor belt at a site in Essex.
The 30 year-old employee of GBN Services Ltd, who does not wish to be named, was working at their Harlow premises at Maple River Industrial Estate when the incident happened on 29 May 2013.

Chelmsford Crown Court was told that the worker was attempting to realign the in-feed conveyor belt on a newly-installed waste separating machine. Power to the machine had been turned off and a protective guard removed to enable access to the belt.

However, after finishing the task, the worker reactivated the power to the machine and his left arm was drawn in between the two belts. He suffered crush injuries but has now returned to work part time on light duties.

An investigation by the Health and Safety Executive (HSE) found GBN Services Ltd, which has five recycling sites in the South East, had failed to implement its own isolation and lock-off procedures at the Harlow site.

Following its investigation into the incident, HSE inspected the GBN site in Southend and had to issue three Prohibition Notices immediately halting dangerous activity, plus a notice requiring specified improvements. In addition, the court was told the company had previously been served with a number of enforcement notices, including one for a similar guarding failing at a London site.

GBN Services Ltd of Broomfield Road, Chelmsford, Essex was fined £28,000 and ordered to pay costs of £2,777 after pleading guilty to breaches of the Provision and Use of Work Equipment Regulations 1998 and Health and Safety at Work Act 1974.

Following the case, HSE Inspector Corinne Godfrey said:

“Incidents involving unguarded machinery are all too common and the onus is on employers to ensure safe and robust systems of work are in place to protect workers from dangerous moving parts of machinery. GBN Services failed to heed previous advice from HSE relating to conveyor guarding at its other sites.
“There are several deaths and 40,000 injuries each year due to incidents where workers have been using machines, and most of these are easily prevented. Guards and safety systems are required for a reason, and companies have a legal duty of care to ensure they up to scratch and working effectively at all times.

“In this case, it was not even necessary to remove the conveyor guard to adjust the belt as the design meant the belt could be adjusted with the guard still in place. However, the worker was not aware as staff had not been trained to repair or maintain the machine.”

Engineering firm in court after toppling unit crushes worker

A Hertfordshire engineering firm has been fined for safety failings after a toppling fan unit crushed a worker as it was being manoeuvred into a ground floor plant room at a Surrey development.
The 54-year-old, who does not want to be named, injured his spine and was unable to work for several weeks as a result of the incident in Woking on 17 December 2012 at a new- build head office for the World Wildlife Fund.

He was working for Wilden Services Limited, of Hemel Hempstead, which had been sub-contracted to install a ventilation system in the new building.
Guildford Crown Court heard that the large fan unit, weighing some 630kg, fell over as it was being moved on a pallet truck and pinned him underneath.

The incident was investigated by the Health and Safety Executive (HSE), which found it could have been prevented had a better system of work been in place.
Wilden Services Ltd, of Belswains Lane, Hemel Hempstead, was fined £15,000 and ordered to pay a further £7,148 in costs after pleading guilty at an earlier hearing to a breach of the Health and Safety at Work etc Act 1974.

After the hearing, HSE inspector Denis Bodger commented:

“The employee was seriously injured and could have been paralysed had his spinal cord been damaged by the falling unit.

“Companies should always ensure that extreme care is taken when moving heavy items, and that includes properly assessing the risks in advance and agreeing a safe system of work.

“The incident was entirely avoidable with better planning and management.”

Tuesday 17 June 2014

HSE - Myth Buster
 

Issue

The enquirer was looking for work experience for her daughter and asked at a local fabric store. She was told they could not employ work experience students "due to health and safety as there are scissors around". Their insurers will not cover them.

Panel decision

There is no reason at all why a young person could not take up a work experience placement in an environment simply because scissors are present. Insurers have confirmed that Employers’ liability insurance policies already cover work placements without the need for any additional cover. HSEs guidance explains how to ensure that work experience can take place and that any checks are proportionate to the environment: http://www.hse.gov.uk/youngpeople/workexperience/placeprovide.htm
It is unclear whether the local fabric warehouse are misinformed or were simply using health and safety as an easy excuse for not offering a placement.
 
Firms fined for child’s death in electric sliding gate
 
A Swansea installation firm and a Cardiff maintenance company have been sentenced for serious safety failings after a five-year-old girl was crushed to death by an electric gate.
Karolina Golabek was killed when she became trapped between the closing edge of the gate and the gate post outside flats near her home in Bridgend on 3 July 2010.
The incident was investigated by the Health and Safety Executive (HSE), which prosecuted John Glen (Installation Services) Ltd and Tremorfa Ltd after finding the gate was inherently unsafe and posed a clear risk.
Cardiff Crown Court heard that Karolina was playing around the gates in Brook Court when they automatically closed after a car passed through. Her body was found in the gap between the post and gate a short time later by a resident. .She was rushed to hospital, but died as a result of her injuries.
HSE found that the closing force of the gate did not meet European and British safety standards.  It was in excess of 2,000N, the equivalent to the force created by a weight of 440lbs (220kgs).
There were also dangers with the gate structure, which left space for people to get trapped, and there were insufficient safety devices to detect a person in the area that would automatically prevent it closing.  These safety features were incorrectly set.
The court was told that John Glen (Installation Services) Ltd had fitted a new electric motor to the gate when a previous motor had broken.  The gate was put back into use despite the fact that there were obvious trapping points.  The firm also failed to properly test that the gate stopped when it met an obstruction, or test the force that the gate closed with.
Tremorfa Limited was contracted to maintain the gate. Despite carrying out two maintenance visits, the last one just six weeks before Karolina’s death, the company did not carry out vital safety checks, including closing force measurements.
John Glen (Installation Services) Ltd of Phoenix Way, Garngoch Industrial Estate, Swansea, was fined £60,000 and ordered to pay £40,000 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974.
Tremorfa Ltd, of Pascal Close, St Mellons, Cardiff, was fined £50,000 with costs of £40,000 also pleaded guilty to the same charge.
HSE Inspector Stuart Charles, speaking after the hearing, said:
“Karolina’s death has left her family devastated, and yet it could so easily have been avoided.
“Both companies walked away from the gate leaving it in an unsafe condition. Both could have prevented this tragedy.
“Automated gates are becoming more common and it’s sometimes difficult to appreciate that even small gates can close with significant force. Badly installed and maintained gates are a threat to all pedestrians, but young children are particularly vulnerable because they are often completely unaware of the dangers.
“No-one should install or work on automated gates without knowing the relevant safety standards or without having the right equipment to check that the gate is safe after they have worked on it .
“If you own or are responsible for managing properties with automatic gates you should ensure they are properly maintained. You should also ensure that those carrying out the maintenance are competent to do so.”
 

Firm sentenced after worker paralysed in fall

 
A Glasgow-based company has been fined for safety failings after a worker was left paralysed from the neck down when he fell around three metres from the top of a gritter.
Colin Shields, 34, of Cumbernauld, was standing on top of a gritter at Inex Works Ltd’s premises in a bid to help his colleagues dislodge compacted grit salt from inside the machine when the incident happened on 28 December 2010.
Airdrie Sheriff Court heard that Mr Shields, a father of two and company secretary at the firm at the date of the incident, suffered irreversible damage to his spine as a result of the fall. He is now paralysed from the neck down, and requires help and assistance with his day to day care.
An investigation by the Health and Safety Executive (HSE) revealed a number of significant failures in the company’s management of health and safety.
At the time of the incident the company operated from a yard in Garrell Road, Burnside Industrial Estate, Kilsyth.  When Mr Shields returned to the yard following a gritting job in Blackford, Perthshire, he saw three of his colleagues clearing grit salt from the chute, spreader and gritter box on the gritter vehicle and offered to assist.
Mr Shields climbed the ladder at the back of the vehicle to gain access to the top of the gritter body. As he moved towards the rear of the vehicle to get a pole to help him dislodge the salt, his foot slipped and he fell head first onto the ground.
His fellow workers raised the alarm and he was rushed to hospital but was found to have sustained several fractures of his spine, leaving him paralysed. He remained in hospital until July 2011 and later had surgery to his right arm that has provided him with some limited movement.
A married man with two young daughters, one of whom was born four weeks after the incident, he had been a fit and active individual who enjoyed playing a number of sports and also played guitar in a band.
HSE Inspectors found that Inex Works Ltd had failed to take sufficient measures to prevent falls where work was being carried out at height. The method used by its employees was unsafe as the gritter was not designed with a working platform, walkway or hand rails and Mr Shields was not wearing a harness or restraint to prevent him from falling.
The incident could have been prevented by taking suitable precautions or using alternative means of access such as erecting tower scaffolding to work from.
Inex Works Ltd, of St Vincent Street, Glasgow, was fined £13,500 after pleading guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005.   Following the case, HSE Inspector Hazel Dobb, said:
“Mr Shields could have easily been killed. As it is, he has been left with irreversible injuries and he and his family have obviously been devastated.
“Inex Works Ltd failed to make sure employees were able to work in safety. This incident could have easily been avoided as there were several other ways this work could have been carried out, such as using alternative means of access or use of a harness.
“Tragically, that is a lesson for the company learned too late for Mr Shields.”
 
Construction firm fined after worker fell from staircase
 
A Wolverhampton firm has been fined after a worker was seriously injured when he fell from a staircase during the construction of a new cinema.
The 52-year-old man from Leigh, Greater Manchester, who has asked not to be named, suffered a broken collarbone in the incident at New Square in West Bromwich on 31 May 2013.
He was working for Ereconomic Construction Limited, which was prosecuted by the Health and Safety Executive (HSE) for failing to ensure sufficient measures were in place to prevent or mitigate the fall.
Sandwell Magistrates’ Court heard that Ereconomic Construction Limited had been contracted by Odeon Cinemas to fit out the new complex. The injured man was a sub-contractor employed by Ereconomic Construction Limited to install the balustrades on a staircase within the cinema’s lobby.
There was some delay in the installation of the balustrades, which meant that the temporary edge protection at the side of the staircase at level one was still in place when a floor system was being installed.
To allow the installation of the floor, the temporary edge protection was removed. However, there was nothing implemented in the interim to prevent falls over the side of the staircase.
While attempting to retrieve some tools from the first floor landing, the worker fell one metre over the side of the staircase. He was unable to work for three months as a result of the injuries he sustained.
Ereconomic Construction Limited of Salisbury Street, Wolverhampton, pleaded guilty to breaching regulation 6(3) of the Work at Height Regulations 2005 and was fined £6,000 and ordered to pay £1,033 in costs.
After the hearing, HSE inspector Amy Kalay said:  “Ereconomic Construction Limited failed in its duty of care to the sub-contractor, who sustained a serious injury in a wholly preventable incident.
“Falls are the single biggest cause of work-related deaths in the UK, and it is imperative that all work at height activity is subject to a high degree of management and control.
“This is one fall that could have been avoided had the edge protection been left in place, or had alternative safety measures been provided.”
 

Company back in court for safety failings

 
A Tyneside company has appeared in court for safety breaches for the second time in less than a year after a forklift truck overturned at its factory in Burnopfield.
The driver, a 51-year-old agency worker employed by Radford HMY Group Ltd, was fortunately not injured in the incident on 27 June 2012 and returned to work to finish his shift.
However, Peterlee Magistrates’ Court heard the incident was reported as a dangerous occurrence and investigated by the Health and Safety Executive (HSE), which prosecuted the company.
HSE found the forklift truck had been driven, during a night shift, on a totally unsuitable outside path. The path was only 40cm wider than the truck, and was raised above the adjacent ground in places along its length of some 150 metres.
The driver was not assessed or authorised to operate the truck and had not been made familiar with the controls. It was also found that the agency worker had been taken on as a cleaner with no requirement for him to operate a forklift truck.
Radford HMY Group Ltd was served with an Improvement Notice to make modifications to the path to make it safer to use.  As a result, a number of improvements were made, including widening the path to 2.2 metres, levelling it off, clearer marking of pedestrian routes and improved warning signs. The path was also designated one-way and restricted to day shift only.
The court was also told that magistrates had fined the company £2,000 in October last year after it admitted breaching Section 2(1) of Health and Safety at Work etc Act 1974 following an incident in February 2012, when a worker’s hand was badly crushed in a machine on which a safety guard had been deliberately disabled.
Radford HMY Group Ltd, Hobson Industrial Estate, Burnopfield, Newcastle, was fined a total of £5,000 (£2,500 for each offence) and ordered to pay £3,824.45 costs after pleading guilty to two offences of breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974.  
After the case, HSE Inspector Cain Mitchell said:  
“This incident was entirely preventable and it is extremely fortunate that the driver was not seriously injured.  “Radford HMY Group Ltd had failed to adequately assess the risks to employees using this path and the operator in this instance had received no training at all in the use of a forklift truck.
“The case is all the more serious as it is the second time in less than a year that Radford HMY Group Ltd has been prosecuted for safety failings