Risk, Health and Safety Information

Firm in court over teenage apprentice’s injuries

 

A fabric company in Macclesfield has been fined after a teenage apprentice suffered severe injuries when his left arm was dragged around a machine roller.

The 18-year-old from Buxton had been trying to remove a crease from a roll of silk at Medaax Ltd in Langley when his finger became caught, pulling him in up to his armpit.

The company, which trades as Adamley Textiles from its River Mills site, was prosecuted by the Health and Safety Executive (HSE) after an investigation found workers were regularly exposed to dangerous moving parts of the machine.

Macclesfield Magistrates’ Court heard the employee had joined the firm as an apprentice at the age of 17. He had been operating a machine used to dye and wash silk when the incident happened five months later, on 6 November 2012.

He was in the process of winding the dyed silk onto a roller so that it could be removed from the machine when he noticed a crease and used his left hand to smooth it out.

As he did so, his finger became caught and trapped, pulling his arm into and around the roller. He had to be cut free and suffered injuries and fractures to his arm. He also suffered nerve damage which had limited the use of his left hand.

The court was told employees at Medaax needed to lift the cover on the machine to unload fabric but no system was in place to cut the power in an emergency, or to reduce the speed of the rollers.

The company has since installed a pull-cord emergency stop device and a ‘hold to run’ button on the machine, which means it automatically stops operating when the button is not being pressed. The machine can also now run at a lower speed for unloading the silk.

Medaax Ltd, of River Mills in Langley, was fined a total of £24,000 (£12,000 for each offence) and ordered to pay £4,466.86 in prosecution costs after pleading guilty to single breaches of the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999.

Speaking after the hearing, HSE Inspector Deborah Walker said:

“A teenage worker suffered injuries because he was let down by the company responsible for his safety.

“He was a relatively new employee at the firm but his injuries could easily have happened to other workers as they were regularly exposed to the same hazard.

“The risk of workers’ arms being dragged in by machine rollers is well known in the manufacturing industry and it’s vital that firms act to improve safety. If the measures Medaax implemented following the incident had been in place sooner then the young worker’s injuries could have been avoided.”

 

Packaging printer sentenced after worker’s fingers crushed

 

A Bristol-based printer of healthcare packaging was fined for safety failings after an employee had two fingers crushed when they became trapped in unguarded machinery at its Cambridgeshire plant.

A 39-year-old print worker from Sawtry was working on a label printing machine at Clondalkin Pharma & Healthcare’s factory on the Harvard Industrial Estate in Kimbolton, Huntingdon, on 14 September 2012 when the incident happened.

As he was trying to clear a piece of adhesive from the anvil of the machine while it was running, his right hand became caught and two of his fingers got crushed in an unguarded in-running nip. He subsequently made a full recovery.

The incident was investigated by the Health and Safety Executive, which prosecuted Clondalkin for a safety breach at Peterborough Magistrates’ Court.

The court was told that HSE found the machine involved in the incident and a further three printing machines at the factory had inoperable interlocked guards. This meant that operators were able to run the machines without guards in place. Despite having assessed the risks, the company did not identify this danger and instead relied on instructing operators to close the guards.

Clondalkin Pharma & Healthcare (Kimbolton) Ltd, of Harbour Road, Portishead, Bristol, was fined £12,000 and ordered to pay costs of £1,890 after pleading guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999.

Following the case, HSE Inspector Alison Ashworth, said:

“This case highlights the need for employers to assess risks adequately. It is a well-known fact that unguarded printing machines can cause major injuries and Clondalkin should have known better than to let its workers use inadequately-guarded machinery. Instructing operators to close guards is not reliable enough, as this incident demonstrates.

“Guards on machinery are there for a reason and they should be maintained in working order and checked for possible failures regularly. Had the guards been operational on the machine this worker used, he would not have had to suffer such a painful injury.”

 

Asbestos firm’s errors exposed workers to hidden killer

 

A specialist asbestos removal company has been fined after it exposed workers to dangerous fibres during demolition of a former school building.

Lincoln Magistrates’ Court heard that Angus Group Ltd did not properly manage the removal of asbestos-containing materials at the site of the former Ermine Infants’ School on Thoresway Drive, Lincoln, during March 2012.

The Health and Safety Executive (HSE) carried out an investigation after inspectors visited the school and discovered a catalogue of safety breaches.

Angus Group Ltd were sub-contracted to carry out the asbestos removal work on behalf of the contractors demolishing the school, owned by Lincolnshire County Council. The site was being demolished after the school buildings were replaced by a new school.

Before work began, an asbestos survey was carried out to identify the areas in the building containing asbestos, and recommending how this was to be treated to ensure safe removal.

The survey found the end walls of the school’s main hall were covered in a spray-applied coating of asbestos, and should therefore be removed by a licensed contractor under safe, controlled conditions.

HSE’s investigations found these recommendations were ignored by Angus Group Ltd. The asbestos spray coating on the main hall walls was chiseled off using power tools without any screens, enclosures or air extraction systems in place. Asbestos-containing material was bagged and carried to a skip outside.

Angus Group Ltd notified the main contractors that the asbestos removal work on the main hall was finished, but when the project agents and main contractors visited the next day, they found the hall covered in dust and patches of asbestos material still on the wall.

The court heard that HSE found a catalogue of failings in the way the work had been planned and carried out. The exact location of asbestos material wasn’t identified and the work only took one day to complete rather than the planned seven.

Risk assessments were too generic; enclosures, segregation and containment measures were inadequate; plans lacked detail; access and transit routes through the buildings weren’t clear; employees lacked specific instruction, and there was no reference to the original asbestos survey in the plan.

HSE experts concluded the company’s safeguards to control the asbestos risks were seriously inadequate leading to an unnecessary release and spread of dangerous asbestos fibres and dust.

The plan and risk assessment for the asbestos removal work in the building’s boiler room were also found to be confused and a decontamination unit was not powered. HSE served a prohibition notice to halt the work on the boiler room until the unit was properly powered and working.

Fifteen of the 17 samples taken in and around the hall proved positive for asbestos. A later analysis, which included other parts of the building, found asbestos fibres in 15 of 34 samples, indicating asbestos had spread throughout the building.

Angus Group Ltd of Neilson Road, Paisley, Scotland, was found guilty of eight breaches of the Control of Asbestos Regulations 2006, and was fined a total of £109,000 and ordered to pay a further £42,100 in costs.

Speaking after the hearing, HSE inspector Martin Giles said:
“Building owners and contractors have a duty to ensure they protect their workers, and any site personnel, from the well-known dangers of exposure to asbestos.

“Angus Group Ltd is an experienced licensed contractor, and was fully aware of all the hazards and all its responsibilities to ensure safety at all times.

“It is deplorable a company that does know better failed to properly manage the dangers of this hidden killer.”

 

Fair ride collapse lands owner in court

 

The owner and operator of a poorly-maintained fairground ride has been fined after it collapsed sending two teenage boys hurtling from the car.

Sixteen-year-olds Conor Baker and Danny Keogh were seriously injured when riding the Mega Bounce Frog at Abbey Park in Leicester on 28 July 2012.

Friends and scores of local visitors were horrified as the car tipped up throwing Danny out and bringing Conor’s head and body in line with the protective barrier around the ride, which hit and injured him as the ride continued to turn.

A Health and Safety Executive (HSE) investigation found that a clip and pin securing the car to its operating arm had fallen out and identified the ride, owned by William Norman Roberts, of Bag Lane, Atherton, Manchester, had been badly-maintained.

Danny Keogh was treated in intensive care following extensive surgery for a collapsed lung, broken arm and deep wounds to his side. A total of 88 staples were used during surgery and he needed stitches in his tongue and chin. He also damaged a number of teeth. Conor Baker was treated for a broken nose, broken teeth, lacerations to his face and a significant blow to the head.

Leicester Magistrates’ Court heard the ride had 14 cars, each attached to a radial arm at two locations by retaining pins secured in position by a clip pushed into a drilled hole at the end of the pin.

A fairground attendant operating the ride on behalf of Mr Roberts that day had checked the presence of the clips at 10.30am and 1pm but did not consider their condition or performance.

Following the incident one of the retaining pins and clips for the car the boys were in was found on the deck of the ride. HSE discovered the clip was damaged and had little grip on the pin, which had been tapered. The clip itself was pushed into a hole that had been drilled off centre meaning it did not grip the side of the pin.

HSE’s investigation found a second tapered pin on the ride which also had an off-centre hole, as well as two defective seatbelts. A prohibition notice was served preventing further use of the ride until it was made safe.

William Norman Roberts, 36, admitted breaching Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £6,500 and ordered to pay costs of £5,000.

Speaking after the hearing, HSE inspector Neil Ward said:

“The unsafe condition of the ride resulted in very serious injuries to two young men who had gone out to celebrate finishing their GCSE exams. The outcome could have been much worse. It was a horrifying and painful experience for Conor and Danny and extremely distressing for their families, friends and members of the public who witnessed the incident.

“The public rightly expects rides to be safe. The safety-critical defects identified on this machine were very troubling. The inconsistencies in the pin ends were obvious and the pins and clips were safety-critical components that should have been thoroughly checked on a daily basis.”

 

Fines imposed for reckless ladder work

 

Photos taken by a council official clearly show the work at height risks

A foolhardy roofer has appeared in court after footing a double extension ladder on a transit van in order to access a third floor façade.

George Nicholls, 25, blatantly risked harming himself and others as he used the ladder to paint a shop frontage on St Marys Road in Southampton on 14 March 2013.

His reckless exploits were captured on camera by a council environmental health officer following a tip-off from a concerned member of the public.

The Health and Safety Executive (HSE) investigated and prosecuted Mr Nicholls for safety failings alongside the company that paid him to undertake the work.

Southampton Magistrates’ Court heard Mr Nicholls, trading as Laser Roofing London and South East Roofing Limited, had been sub-contracted by Norfolk-based Maintenance 24-7 Ltd for the paint job because the company did not possess the correct equipment or expertise.

Ladders were specified as the chosen method of work, but after the finding the façade was higher than the ladder he had with him, the roofer opted to improvise.

He placed it on the roof of his van and worked from it fully-extended some eight metres above the ground with a labourer providing the footing.

The court was told this system was fraught with risk. Not only could Mr Nicholls or his labourer have fallen, but there was no form of segregation to prevent vehicles or pedestrians from passing under or near the work area. So they could have been struck by falling equipment or materials.

HSE established that the van in question was also parked over a bus stop on a busy road with double yellow lines – indicating a further lack of regard or awareness.

Magistrates heard a pavement licence should have been obtained to create a properly segregated safe-working area, and that scaffolding or a mobile elevated work platform would have provided a safer option for accessing the façade.

Maintenance 24-7 Ltd, of King Street, King’s Lynn, admitted a breach of Section 3(1) of the Health and Safety at Work etc Act 1974 and a further breach of the Work at Height Regulations 2005. The company was fined £10,000 with £784 in costs.

George Nicholls, of Hogs Pudding Lane, Newdigate, Surrey, was fined a total of £4,000 and ordered to pay £666 in costs after pleading guilty to breaching Sections 2(1) and (3(1) of the same Act.

After the hearing, HSE Inspector Frank Flannery commented:

“The photographic evidence speaks for itself in terms of the risks created. Anyone can see the system of work is plain wrong, so why a supposedly competent roofer chose to work in this way is anyone’s guess.

“George Nicholls blatantly and recklessly risked harming himself and others, and he did so on behalf of Maintenance 24-7 Ltd, who had clear duties of their own to ensure the work at height was properly planned, managed and executed in a safe manner.

“The standards of both parties fell far below those required, and I would like to thank the concerned member of the public who initially brought the matter to the council’s attention.”

 

Stonyhurst College prosecuted after stonemason develops lung disease

 

A historic private school in Clitheroe has been fined £100,000 over health and safety failings after one of its stonemasons developed a potentially fatal lung disease.

The 55-year-old from West Derby, near Liverpool, who has asked not to be named, was employed by Stonyhurst College for almost 12 years where he was exposed to high levels of silica dust. He was diagnosed with silicosis in July 2011 – four months before being made redundant by the college.

Stonyhurst was prosecuted by the Health and Safety Executive (HSE) after an investigation found that he and other stonemasons may have been exposed to more than 80 times the daily limit for silica dust.

Preston Crown Court was told the college employed the stonemason as a member of staff in June 1999 as the 200-year-old college buildings needed extensive repairs for wind and weather-proofing.

A second stonemason was employed in April 2005 and a third in January 2009 to help with a major project to build a new four-storey, sixth-form building.

The 21-month project required more than 400 tonnes of sandstone and the stonemasons spent their time working intensively with powered hand tools cutting, shaping, chiselling and finishing the sandstone.

The HSE investigation found Stonyhurst failed to take any measures to monitor or reduce the exposure of workers to silica dust, despite sandstone containing between 70% and 90% of crystalline silica.

The court heard that the college failed to recognise the risks and no equipment was used to remove, capture or supress the dust that was created by the use of the stonemasons’ tools.

Two of the stonemasons worked regularly in the college workshop, which had no windows and no way of extracting the sandstone dust despite an extraction system being fitted in the neighbouring joinery workshop in 2004.

Even after the college was notified that one of the stonemasons had developed silicosis in July 2011, it failed to take any action to monitor exposure levels until its two remaining stonemasons were made redundant in November 2011.

The stonemason with silicosis has suffered serious and irreversible health effects as a result of his exposure. He has a reduced lung function, suffers from breathlessness and can no longer continue with his profession.

Stonyhurst was fined £100,000 and ordered to pay £31,547.78 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974 by failing to ensure the health and safety of its employees.

Speaking after the hearing, HSE Inspector Mike Mullen said:

“Stonyhurst directly employed stonemasons over a 12-year period but it failed to take any action to ensure its employees weren’t exposed to high levels of silica dust.

“During the construction of the sixth-form building, the work of the stonemasons intensified. We estimate that they were regularly exposed to silica dust at a level which was in excess of 80 times greater than the workplace exposure limit.

“There was no attempt by the college to assess and manage its workers’ exposure despite having their attention drawn to the risks by its own health and safety consultant in 2008.

“A worker who was previously very active now struggles to play outside with his grandchildren, and will suffer breathing difficulties for the rest of his life.

“Silicosis is irreversible and can be a fatal disease. It leads to an increased chance of suffering from lung cancer, tuberculosis, kidney disease and arthritis, and it’s therefore vital the risk from silica dust is taken seriously.”