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.”
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.
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 in court after trainee scaffolder injured in fall
Firm fined after worker seriously injured in four metre fall
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.”
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.”
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.”
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
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.”
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.”
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.”
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