Donkey rides banned at village fete
Issue
A newspaper reported that council bureaucrats banned donkey rides for children at a village fete because of health and safety concerns.Panel decision
There is nothing in health and safety law that stops children enjoying a holiday donkey ride, or that requires them to wear helmets to do so.In this case the organisers cancelled the donkey rides because the operator did not hold the licence required under animal welfare legislation.
This was misrepresented as a health and safety issue in the newspaper report. HSE is keen to set the record straight, and for this and future generations to continue to enjoy the traditions of the summer fete.
Parents were banned from saying goodbye to their children in the playground
Issue
A newspaper reported that during ongoing construction work at a school, parents were banned from saying goodbye to their primary school children in the playground for 'health and safety reasons'.Panel decision
Ongoing construction work appears to have limited access at the school. In these circumstances the school appears to have acted sensibly and proportionately in making alternative arrangements for older children to be guided to their classes whilst still allowing younger children to be accompanied by their parents/guardians.Not allowed to return headphones to a shop
Issue
A customer who bought some headphones from a high street store was told that if the packaging was opened the headphones could not be returned for health and safety reasons.Panel decision
There are no health and safety risks associated with returning headphones to a shop. This may be company policy, but it is not a health and safety matter.Rather than citing "health and safety" the company should provide a proper explanation to customers on the reasons behind the company policy.
Young family left at risk after faulty gas work
- The owner of a building company has been prosecuted for breaching gas safety law after instructing an employee to reposition a gas flue, exposing a young family to serious health risks.
Josephine Zielinski, trading as JBZ Builders, of Leatherhead in Surrey, told the employee – her son – to move a flue serving a gas boiler at a property in Holly Hill, Tunbridge Wells, as part of work on an extension.
Neither the company nor the employee was Gas Safe registered so were not qualified to carry out the work. The employee moved the flue to vent from another external wall in June 2013.
However, when the family called in a plumber to flush the system some time later, he noticed the flue installation was sub-standard and reported the issue to Gas Safe Register. During a visit on 11 November 2013, a registered gas engineer investigated and classed several parts of the installation as either ‘at risk’ or not to current standards.
The Health and Safety Executive (HSE) was alerted and charged Ms Zielinski with a breach of gas safety regulations after undertaking its own investigation into the circumstances.
At Sevenoaks Magistrates’ Court, Josephine Zielinski, of Proctor Gardens, Bookham, Leatherhead, was fined £1,000 and ordered to pay £845 in costs after admitting the breach.
Following the hearing, HSE Inspector Rob Hassell said:
“This incident was entirely preventable and put a young family, including a new-born child, in unnecessary danger from exposure to carbon monoxide and other harmful by-products.
“Usually JBZ Builders use Gas Safe registered engineers for such work but on this occasion, and for the purpose of speed, Mrs Zielinski wrongly used an employee without the recognised competency.
“Work to a gas flue does constitute gas work, a fact that can be misunderstood in the construction industry. Such work should only be carried out by suitably qualified Gas Safe registered engineers.
“Every year people die from carbon monoxide poisoning caused by gas appliances and flues that are not properly installed, maintained or that are poorly ventilated.”
Russell Kramer chief executive of Gas Safe Register, added: “Every Gas Safe registered engineer carries a Gas Safe ID card, which shows who they are and the type of gas appliances they are qualified to work on. We always encourage the public to ask for and check the card and if they have any concerns about the safety of work carried out in their home, to speak to us.
Exploding vessel leads to court for carpet company and engineering inspection firm
Neither the company nor the employee was Gas Safe registered so were not qualified to carry out the work. The employee moved the flue to vent from another external wall in June 2013.
However, when the family called in a plumber to flush the system some time later, he noticed the flue installation was sub-standard and reported the issue to Gas Safe Register. During a visit on 11 November 2013, a registered gas engineer investigated and classed several parts of the installation as either ‘at risk’ or not to current standards.
The Health and Safety Executive (HSE) was alerted and charged Ms Zielinski with a breach of gas safety regulations after undertaking its own investigation into the circumstances.
At Sevenoaks Magistrates’ Court, Josephine Zielinski, of Proctor Gardens, Bookham, Leatherhead, was fined £1,000 and ordered to pay £845 in costs after admitting the breach.
Following the hearing, HSE Inspector Rob Hassell said:
“This incident was entirely preventable and put a young family, including a new-born child, in unnecessary danger from exposure to carbon monoxide and other harmful by-products.
“Usually JBZ Builders use Gas Safe registered engineers for such work but on this occasion, and for the purpose of speed, Mrs Zielinski wrongly used an employee without the recognised competency.
“Work to a gas flue does constitute gas work, a fact that can be misunderstood in the construction industry. Such work should only be carried out by suitably qualified Gas Safe registered engineers.
“Every year people die from carbon monoxide poisoning caused by gas appliances and flues that are not properly installed, maintained or that are poorly ventilated.”
Russell Kramer chief executive of Gas Safe Register, added: “Every Gas Safe registered engineer carries a Gas Safe ID card, which shows who they are and the type of gas appliances they are qualified to work on. We always encourage the public to ask for and check the card and if they have any concerns about the safety of work carried out in their home, to speak to us.
Exploding vessel leads to court for carpet company and engineering inspection firm
- A Kidderminster carpet company and a Surrey-based firm have been fined after a large pressure vessel, in which carpet fibres are dyed and processed, exploded, propelling the vessel’s quarter-tonne lid six metres into the air.
No-one was injured in the incident at Brinton Carpets Ltd’s site at Halesfield, Telford on 4 June 2013, but the dangerous incident could have been prevented.
The Health and Safety Executive (HSE) carried out an investigation and today (10 Sept) prosecuted Brintons Carpets Ltd, the owner and user of the pressure vessels and Allianz Engineering Inspection Services Ltd, who were contracted to carry out periodic thorough examinations of the dye vessels.
Telford Magistrates’ Court heard that each of Brintons Carpets’ four stock dye vessels, each described as industrial pressure cookers, were pressurised while in use.
During a production run, one of the vessels exploded. The lid, which weighed approximately 250kg, was torn off its locking mechanism and hinges and hit the roof of the factory six metres above. Such was the force of the collision that it left a dent in one of the factory roof girders.
One worker was standing just a few feet from the where the lid came to rest.
The explosion was found to have been caused by a failure of the vessel’s regulator and pressure relief valve. HSE found Brintons Carpets Ltd had not ensured that suitable and sufficient maintenance of the vessel’s safety devices was being carried out. In addition to this, the periodic statutory thorough examinations had not been completed for three years.
A Written Scheme of Examination was in place at Brintons Carpets Ltd, which included the stock dye vessels in question. Although Allianz Engineering Services Ltd were carrying out periodic thorough examinations on the other pressure equipment on site, the HSE found that the four stock dye vats had been overlooked for a number of years. Allianz Engineering Services Ltd, therefore, failed to carry out the required examinations on the vats properly.
Brintons Carpets Ltd of Stourport Road, Kidderminster, Worcestershire, pleaded guilty to breaching Regulation 12 of The Pressures Systems Safety Regulations 2000 and was fined £10,000 and ordered to pay costs of £1,174.
Allianz Inspection Services Ltd of Ladymead, Guildford, Surrey, pleaded guilty to breaching Regulation 9(2) of The Pressures Systems Safety Regulations 2000 and was fined £13,000 and ordered to pay costs of £1,111.
Speaking after the hearing, HSE inspector Lyn Mizen said:
“If a piece of pressure equipment fails and bursts violently apart, the results can be devastating to people in the vicinity. It was a matter of pure luck that no one was seriously injured in this incident.
“There are clear standards set out in the regulations and strict inspection regimes whereby the user has a duty to ensure that equipment, and its safety devices, are properly maintained. This is backed up by the periodic thorough examinations by competent persons to ensure this is happening and is appropriate and suitable.
“Sadly in this case the user of the pressure system and their competent person both failed in their duties.”
Contractors in court after leisure centre roof fall
The Health and Safety Executive (HSE) carried out an investigation and today (10 Sept) prosecuted Brintons Carpets Ltd, the owner and user of the pressure vessels and Allianz Engineering Inspection Services Ltd, who were contracted to carry out periodic thorough examinations of the dye vessels.
Telford Magistrates’ Court heard that each of Brintons Carpets’ four stock dye vessels, each described as industrial pressure cookers, were pressurised while in use.
During a production run, one of the vessels exploded. The lid, which weighed approximately 250kg, was torn off its locking mechanism and hinges and hit the roof of the factory six metres above. Such was the force of the collision that it left a dent in one of the factory roof girders.
One worker was standing just a few feet from the where the lid came to rest.
The explosion was found to have been caused by a failure of the vessel’s regulator and pressure relief valve. HSE found Brintons Carpets Ltd had not ensured that suitable and sufficient maintenance of the vessel’s safety devices was being carried out. In addition to this, the periodic statutory thorough examinations had not been completed for three years.
A Written Scheme of Examination was in place at Brintons Carpets Ltd, which included the stock dye vessels in question. Although Allianz Engineering Services Ltd were carrying out periodic thorough examinations on the other pressure equipment on site, the HSE found that the four stock dye vats had been overlooked for a number of years. Allianz Engineering Services Ltd, therefore, failed to carry out the required examinations on the vats properly.
Brintons Carpets Ltd of Stourport Road, Kidderminster, Worcestershire, pleaded guilty to breaching Regulation 12 of The Pressures Systems Safety Regulations 2000 and was fined £10,000 and ordered to pay costs of £1,174.
Allianz Inspection Services Ltd of Ladymead, Guildford, Surrey, pleaded guilty to breaching Regulation 9(2) of The Pressures Systems Safety Regulations 2000 and was fined £13,000 and ordered to pay costs of £1,111.
Speaking after the hearing, HSE inspector Lyn Mizen said:
“If a piece of pressure equipment fails and bursts violently apart, the results can be devastating to people in the vicinity. It was a matter of pure luck that no one was seriously injured in this incident.
“There are clear standards set out in the regulations and strict inspection regimes whereby the user has a duty to ensure that equipment, and its safety devices, are properly maintained. This is backed up by the periodic thorough examinations by competent persons to ensure this is happening and is appropriate and suitable.
“Sadly in this case the user of the pressure system and their competent person both failed in their duties.”
Contractors in court after leisure centre roof fall
- Two building contractors have been fined after a worker broke his back when he fell four metres from a roof.
The 36-year-old man from Kettlebrook, Tamworth, fractured a vertebra in his lower back after falling from the roof at Southview Leisure Park, Skegness, on 8 March 2013.
The Health and Safety Executive (HSE) carried out an investigation and yesterday (8 Sept) prosecuted SJ Roberts Construction Ltd, of Welshpool, and Seaton Heating and Engineering Services Ltd of Tamworth.
Lincoln Magistrates’ Court heard that SJ Roberts Construction Ltd had been appointed principal contractor for the installation of a new flume tower and swimming pool extension at the leisure park. Seaton Heating and Engineering Services Ltd were employed as sub-contractors to install a new air-handling unit and associated pipework for the swimming pool.
The man, an employee of Seaton Heating and Engineering Services Ltd , was working on the roof of the swimming pool extension, which was accessed by internal stairs, connecting the various ducts and pipes with the air-handling unit. Most of the roof was protected but a section was left exposed, presenting a fall risk.
While working, the man was standing on a narrow plywood area around half a metre wide, close to the open edge.
His route to the stairs was blocked when he needed to go and collect some tools. While walking along the plywood next to the open edge, the plywood gave way and he fell four metres. He landed on his feet but then fell backwards, landing on concrete and rubble.
He spent five days in hospital and needed a back brace when discharged. He had to stay at his parents’ house for six weeks and was unable to work for more than three months. He has since recovered and is now back fully working.
SJ Roberts Construction Ltd of Marton, Welshpool, pleaded guilty to breaching two Regulations of the Construction (Design and Management) Regulations 2007. The company was fined £10,000 and ordered to pay costs of £645.60.
Seaton Heating and Engineering Services Ltd of Belgrave, Tamworth, Staffordshire, pleaded guilty to breaching the Work at Height Regulations 2005 and was fined £7,000 and ordered to pay costs of £519.60
Speaking after the hearing, HSE inspector Chris Copeman said:
“This worker is very fortunate not to have suffered far more serious injuries.
“Throughout the whole process of roof work, there was no adequate protection against falls, such as barriers on the open edge.
“Had he tripped and fallen from the edge of the roof, we could have been dealing with a fatal incident.
“SJ Roberts Construction Ltd and Seaton Heating and Engineering Services Ltd put workers’ lives in danger by allowing them to work on a roof without suitable safety measures being in place. They failed to recognise their responsibility to ensure that work at height carried out under their control was done safely.”
The Health and Safety Executive (HSE) carried out an investigation and yesterday (8 Sept) prosecuted SJ Roberts Construction Ltd, of Welshpool, and Seaton Heating and Engineering Services Ltd of Tamworth.
Lincoln Magistrates’ Court heard that SJ Roberts Construction Ltd had been appointed principal contractor for the installation of a new flume tower and swimming pool extension at the leisure park. Seaton Heating and Engineering Services Ltd were employed as sub-contractors to install a new air-handling unit and associated pipework for the swimming pool.
The man, an employee of Seaton Heating and Engineering Services Ltd , was working on the roof of the swimming pool extension, which was accessed by internal stairs, connecting the various ducts and pipes with the air-handling unit. Most of the roof was protected but a section was left exposed, presenting a fall risk.
While working, the man was standing on a narrow plywood area around half a metre wide, close to the open edge.
His route to the stairs was blocked when he needed to go and collect some tools. While walking along the plywood next to the open edge, the plywood gave way and he fell four metres. He landed on his feet but then fell backwards, landing on concrete and rubble.
He spent five days in hospital and needed a back brace when discharged. He had to stay at his parents’ house for six weeks and was unable to work for more than three months. He has since recovered and is now back fully working.
SJ Roberts Construction Ltd of Marton, Welshpool, pleaded guilty to breaching two Regulations of the Construction (Design and Management) Regulations 2007. The company was fined £10,000 and ordered to pay costs of £645.60.
Seaton Heating and Engineering Services Ltd of Belgrave, Tamworth, Staffordshire, pleaded guilty to breaching the Work at Height Regulations 2005 and was fined £7,000 and ordered to pay costs of £519.60
Speaking after the hearing, HSE inspector Chris Copeman said:
“This worker is very fortunate not to have suffered far more serious injuries.
“Throughout the whole process of roof work, there was no adequate protection against falls, such as barriers on the open edge.
“Had he tripped and fallen from the edge of the roof, we could have been dealing with a fatal incident.
“SJ Roberts Construction Ltd and Seaton Heating and Engineering Services Ltd put workers’ lives in danger by allowing them to work on a roof without suitable safety measures being in place. They failed to recognise their responsibility to ensure that work at height carried out under their control was done safely.”
Timber firm in court after worker’s finger amputated
- A Lincolnshire timber company has been fined after an agency worker lost the top of his finger in an unguarded machine.
Grantham Magistrates’ Court heard that the 23-year-old, from Holbeach, was helping to clear a blockage on a woodworking machine at Select Timber Products Ltd’s premises in Mill Lane, Donington, when the incident happened on 15 July 2013.
An investigation by the Health and Safety Executive (HSE) found two of the machine’s guards had been removed. The machine operator had lifted the main guard to clear the blockage, while a fixed guard on one of the machine’s six cutting head had also been taken off to make cleaning easier.
However, the machine was still under power, so when the agency worker reached in his left hand came into contact with one of the moving cutting heads. Surgeons had to amputate the top of his middle finger on his left hand. He also suffered severe lacerations to two other fingers and only has partial movement in these and his middle finger.
Select Timber Products Ltd was fined a total of £9,900 and ordered to pay a further £1,193 in costs after pleading guilty to three separate breaches of the Provision and Use of Work Equipment Regulations 1998.
After the hearing HSE inspector Neil Ward said:
“About 30 to 40 similar incidents are reported to HSE every year. Nearly all result in amputation injuries and most, including this one, could have been prevented if the cutters had come to rest before operators approached them.
“Neither the machine operator nor the injured man had been trained to a suitable standard by Select Timber Products. HSE publishes free guidance for this type of machine but that guidance was not followed.
“Workers should not have been clearing blockages with any of the cutters turning and the fixed guard should never have been removed from one of the heads.”
An investigation by the Health and Safety Executive (HSE) found two of the machine’s guards had been removed. The machine operator had lifted the main guard to clear the blockage, while a fixed guard on one of the machine’s six cutting head had also been taken off to make cleaning easier.
However, the machine was still under power, so when the agency worker reached in his left hand came into contact with one of the moving cutting heads. Surgeons had to amputate the top of his middle finger on his left hand. He also suffered severe lacerations to two other fingers and only has partial movement in these and his middle finger.
Select Timber Products Ltd was fined a total of £9,900 and ordered to pay a further £1,193 in costs after pleading guilty to three separate breaches of the Provision and Use of Work Equipment Regulations 1998.
After the hearing HSE inspector Neil Ward said:
“About 30 to 40 similar incidents are reported to HSE every year. Nearly all result in amputation injuries and most, including this one, could have been prevented if the cutters had come to rest before operators approached them.
“Neither the machine operator nor the injured man had been trained to a suitable standard by Select Timber Products. HSE publishes free guidance for this type of machine but that guidance was not followed.
“Workers should not have been clearing blockages with any of the cutters turning and the fixed guard should never have been removed from one of the heads.”
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