Store fitting rooms can not be opened on first day of sales
Issue
A high street clothing store would not open their fitting rooms on the first day of a sale, when the enquirer asked why they were told it was for health and safety reasons.Panel decision
This is not a health and safety matter. Any risks associated with busy fitting rooms are minor and can easily be managed if there is a will to do so. Instead of using an excuse that does not fit, the company should be honest and explain that this is a business decision.Store would not provide plastic knives for customers buying take out food
Issue
Enquirer called into a high street store to purchase some lunch and asked if they had any plastic knives and forks for sale. The assistant said yes they had forks but due to Health & Safety were not allowed to provide plastic knives.Panel decision
Health and safety at work regulations do not prohibit the provision of plastic knives to customers. Clearly, knives and forks used for eating carry a small risk in the same way that any sharp object does, however it is absurd to suggest that we should not use them. By citing health and safety as the reason for not providing plastic knives, the company trivialises real health and safety risks in the workplace. The real reason for their decision should be explained instead of hiding behind health and safety.HSE targeted inspection initiative September 2014
‘Health as well as safety’ is the message during this year’s Construction Initiative as poor standards and unsafe practices on Britain’s building sites are targeted during a nationwide drive aimed at reducing ill health, death and injury in the industry.From 22 September until 17 October, HSE Construction Inspectors will carry out unannounced visits to sites where refurbishment projects or repair works are underway.
This is the ninth annual Initiative and building on previous campaigns, HSE Inspectors will ensure high-risk activities particularly those affecting the health of workers, are being properly managed.
What the initiative does
The main aims of the initiative are:- to achieve an improvement in industry standards, in particular at small sites
- to increase awareness of HSE’s expectations of the industry
- to demonstrate that HSE will use the enforcement tools at its disposal to prevent immediate risk and bring about sustained improvements
What inspectors look for
During inspections, HSE inspectors will consider whether:- risks to health from exposure to dust such as silica are being controlled
- workers are aware of where they may find asbestos, and what to do if they find it
- other health risks, such as exposure to noise and vibration, manual handling, hazardous substances are being properly managed
- jobs that involve working at height have been identified and properly planned to ensure that appropriate precautions, such as proper support of structures, are in place
- equipment is correctly installed / assembled, inspected and maintained and used properly
- sites are well organised, to avoid trips and falls, walkways and stairs are free from obstructions and welfare facilities are adequate
Construction company fined £100,000 after worker run-over by nine tonne truck
A major construction company has been fined for safety failings after a worker was critically injured when he was run over by a nine tonne dumper truck.
David Windsor, 62, of St George, Bristol, suffered life changing injuries, including severe brain injury, in the incident at a building site at Mount Wise, Devonport, on 7 October 2010.
He also sustained facial fractures, serious injuries to right arm, fractured ribs, a fractured pelvis, leg fractures and foot injuries all on his right side where the dumper ran over him. The injuries were life changing. He spent two weeks in intensive care, a month in a high dependency unit and was finally discharged home from a brain injury rehabilitation unit in April, 2011 – more than six months later.
Oxfordshire-based JB Leadbitter was sentenced after an investigation by the HSE found the company failed to adequately manage and control workplace transport.
Plymouth Crown Court heard that Mr Windsor, a delivery driver, was delivering a mortar silo to the Leadbitter site, a former MoD property where 159 new homes were being built.
He was wearing high-visibility clothing, but was hit by the dumper as he was crossing the site to return to his lorry.
HSE established that there was no segregated, defined area provided for people on foot like Mr Windsor. JB Leadbitter, as the the principal contractor for the site, had not produced or put in place a suitable traffic management plan to ensure the separation of vehicles and pedestrians using the roadway at the site.
JB Leadbitter and Co Ltd, of Grange Court, Abingdon Science Park, Abingdon, in Oxfordshire, was found guilty of breaching Section 3(1) of the Health and Safety at Work Act 1974. The company was fined £100,000 and ordered to pay full costs of around £100,000.
HSE Inspector Jonathan Harris, speaking after the hearing, said: “This terrible incident has left Mr Windsor with significant and lasting injuries and could easily have led to his death. It is unlikely he will be able to return to work again.
“Simple forethought and planning could have avoided this happening. JB Leadbitter failed to identify risks to site workers and visitors, such as delivery drivers, in their construction phase plan and made no provision for segregating site vehicles and pedestrians at the top end of the site. Other workers on this large site were frequently exposed to serious risks as a result of this lack of planning.
“Workplace transport incidents are the second most common cause of serious and fatal incidents in the construction industry, yet they could easily be avoided by having proper plans in place and provision for pedestrians on site.”
On average, seven workers are killed every year as a result of collisions with vehicles or mobile plant on construction sites. A further 93 are seriously injured.
He also sustained facial fractures, serious injuries to right arm, fractured ribs, a fractured pelvis, leg fractures and foot injuries all on his right side where the dumper ran over him. The injuries were life changing. He spent two weeks in intensive care, a month in a high dependency unit and was finally discharged home from a brain injury rehabilitation unit in April, 2011 – more than six months later.
Oxfordshire-based JB Leadbitter was sentenced after an investigation by the HSE found the company failed to adequately manage and control workplace transport.
Plymouth Crown Court heard that Mr Windsor, a delivery driver, was delivering a mortar silo to the Leadbitter site, a former MoD property where 159 new homes were being built.
He was wearing high-visibility clothing, but was hit by the dumper as he was crossing the site to return to his lorry.
HSE established that there was no segregated, defined area provided for people on foot like Mr Windsor. JB Leadbitter, as the the principal contractor for the site, had not produced or put in place a suitable traffic management plan to ensure the separation of vehicles and pedestrians using the roadway at the site.
JB Leadbitter and Co Ltd, of Grange Court, Abingdon Science Park, Abingdon, in Oxfordshire, was found guilty of breaching Section 3(1) of the Health and Safety at Work Act 1974. The company was fined £100,000 and ordered to pay full costs of around £100,000.
HSE Inspector Jonathan Harris, speaking after the hearing, said: “This terrible incident has left Mr Windsor with significant and lasting injuries and could easily have led to his death. It is unlikely he will be able to return to work again.
“Simple forethought and planning could have avoided this happening. JB Leadbitter failed to identify risks to site workers and visitors, such as delivery drivers, in their construction phase plan and made no provision for segregating site vehicles and pedestrians at the top end of the site. Other workers on this large site were frequently exposed to serious risks as a result of this lack of planning.
“Workplace transport incidents are the second most common cause of serious and fatal incidents in the construction industry, yet they could easily be avoided by having proper plans in place and provision for pedestrians on site.”
On average, seven workers are killed every year as a result of collisions with vehicles or mobile plant on construction sites. A further 93 are seriously injured.
Solar panel installer in court after workers’ fall through roof
- The owner of a solar panel business has been fined for safety failings after two brothers fell 15ft through a fragile roof that had not been identified as a risk.
Brynley Perrett, 37, suffered a compression fracture of his back and sternum in the incident at at Llan-y-nant Farm, near Trellech, Monmouthshire, in June, 2013. His brother Anthony, was fortunate to escape injury.
They were installing solar panels on a building at the farm on behalf of Andrew Green, trading as Green Park Power. He was prosecuted by the HSE after an investigation found there was no equipment or measures in place, such as nets or scaffold edge protection, to prevent or mitigate a fall.
Cwmbran Magistrates’ Court heard that Mr Green failed to make an adequate assessment of the risks of working on a fragile roof and did not take sufficient action to reduce those risks.
Andrew Green, of Maple Close, Abergavenny, pleaded guilty to a breach of the Health and Safety at Work etc. Act 1974. He was fined £4,500 and ordered to pay costs of £1,500.
HSE Inspector Steve Richardson, speaking after the hearing, said:
“Both brothers were fortunate not to have suffered far more serious injury in this easily avoidable incident. Had nets or other safety measures been installed then the fall risk would have been significantly minimised and the likelihood of injury reduced.
“Working on a roof can be dangerous, with falls accounting for more deaths in the construction industry than any other type of incident. The risks are well known, and guidance is freely available outlining how to work safely at height.
“The onus was on Mr Green to ensure the safety of those in his employment, but he failed to do so. Those in charge of the work must be properly qualified and competent to ensure that the work is carried out safely.”
They were installing solar panels on a building at the farm on behalf of Andrew Green, trading as Green Park Power. He was prosecuted by the HSE after an investigation found there was no equipment or measures in place, such as nets or scaffold edge protection, to prevent or mitigate a fall.
Cwmbran Magistrates’ Court heard that Mr Green failed to make an adequate assessment of the risks of working on a fragile roof and did not take sufficient action to reduce those risks.
Andrew Green, of Maple Close, Abergavenny, pleaded guilty to a breach of the Health and Safety at Work etc. Act 1974. He was fined £4,500 and ordered to pay costs of £1,500.
HSE Inspector Steve Richardson, speaking after the hearing, said:
“Both brothers were fortunate not to have suffered far more serious injury in this easily avoidable incident. Had nets or other safety measures been installed then the fall risk would have been significantly minimised and the likelihood of injury reduced.
“Working on a roof can be dangerous, with falls accounting for more deaths in the construction industry than any other type of incident. The risks are well known, and guidance is freely available outlining how to work safely at height.
“The onus was on Mr Green to ensure the safety of those in his employment, but he failed to do so. Those in charge of the work must be properly qualified and competent to ensure that the work is carried out safely.”
Roofers fail the work at height test
- West London roofing firm found itself in court after it allowed employees to work on roofs with no safety measures to protect them from potentially fatal falls.
The HSE prosecuted HR Roofing at Westminster Magistrates’ Court after seeing the dangerous practices in operation at two sites, one in Harrow, the other in Ealing.
Magistrates were told that an inspector from HSE came across the first instance in March 2013 and identified workers re-roofing a property in Glebe Avenue, Harrow. There was no scaffold or any of the standard safety measures in place to protect the workers.
HSE took immediate action against HR Roofing by serving a prohibition notice halting the work at height until fall prevention safeguards were installed.
Just two months later in May, the same dangers were spotted by HSE when the firm was at a property in Bilton Road, Perivale, Ealing. Another prohibition notice was served and an investigation started by HSE. In both cases, HSE considered there was an extreme risk gap with measures taken far below what was required by law.
HR Roofing Ltd, of Bishops Road, Hayes, Hillingdon, was fined a total of £10,000 and ordered to pay £1,654 in costs after admitting two breaches of the Work at Height Regulations.
After the case, HSE Inspector Pete Collingwood said: “Working at height carries substantial risk yet no measures had been put in place to try to prevent falls. This example of bad practice was not an isolated event by HR Roofing but was repeated two months after the first incident.
“The firm exposed workers to unacceptable risks of injury and even death. It then chose to reject any lessons it could have learned from the first case and repeated the offence.”
Falls from height remain the biggest cause of injury and death within the construction industry and such complete disregard for the workers on site is beyond belief. This is the third prosecution by HSE in West London in recent months of various roofing contractors and HSE will continue to take enforcement action when such instances of poor business practice are uncovered.
“Lifting incidents are often the result of a lack of training, the wrong equipment or the equipment being in a poor state of repair.
“It is important to have the correct equipment in place, which has been thoroughly examined so that safe lifting operations can be carried out by appropriately trained personnel.
Magistrates were told that an inspector from HSE came across the first instance in March 2013 and identified workers re-roofing a property in Glebe Avenue, Harrow. There was no scaffold or any of the standard safety measures in place to protect the workers.
HSE took immediate action against HR Roofing by serving a prohibition notice halting the work at height until fall prevention safeguards were installed.
Just two months later in May, the same dangers were spotted by HSE when the firm was at a property in Bilton Road, Perivale, Ealing. Another prohibition notice was served and an investigation started by HSE. In both cases, HSE considered there was an extreme risk gap with measures taken far below what was required by law.
HR Roofing Ltd, of Bishops Road, Hayes, Hillingdon, was fined a total of £10,000 and ordered to pay £1,654 in costs after admitting two breaches of the Work at Height Regulations.
After the case, HSE Inspector Pete Collingwood said: “Working at height carries substantial risk yet no measures had been put in place to try to prevent falls. This example of bad practice was not an isolated event by HR Roofing but was repeated two months after the first incident.
“The firm exposed workers to unacceptable risks of injury and even death. It then chose to reject any lessons it could have learned from the first case and repeated the offence.”
Falls from height remain the biggest cause of injury and death within the construction industry and such complete disregard for the workers on site is beyond belief. This is the third prosecution by HSE in West London in recent months of various roofing contractors and HSE will continue to take enforcement action when such instances of poor business practice are uncovered.
Employer prosecuted after worker severs thumb
- The owner of a Derbyshire firm that specialises in refurbishing precision machining tools, has been fined for safety breaches after a worker severed a thumb while lifting a heavy component.
Mark Evans, from Chesterfield, was rebuilding a rotary table device at CNC Rotary in Staveley when the incident happened on 17 June 2013.
Chesterfield Magistrates’ Court heard that he was under the management of David Helley, 56, of Tuxford, Nottinghamshire.
As he worked on the tool, which is used for drilling or cutting work at exact intervals around a fixed axis, and weighs around 30kg, it came loose from a sling attaching it to the prongs of a forklift truck that was being used to lift it.
As the sling slipped through the eyebolts in the rotary table, Mr Evans’ right thumb was somehow trapped by the sling and eyebolt, severing it completely and causing further tendon damage to the hand.
Mr Evans was given a skin graft to cover the damaged area and a big toe was used to replace the thumb. However, he experienced debilitating complications and was unable to work for a year.
An investigation by the HSE found there was no lifting attachment to secure the sling to the forklift truck, and that the sling and eyebolts had not been thoroughly examined.
As a result of this incident, HSE inspectors also found a series of other safety breaches that required urgent attention. Prohibition Notices were issued for the use of unsuitable and untested lifting bolts/eyes, the spraying of solvent-based paint in an area where there were unprotected electrics, and one for using lead chromate and isocyanate-containing paints.
Improvement Notices were also served for training on lifting and slinging, and for a written scheme of examination for two pressure vessels in the workshop’s compressed air systems.
David Helley of Markham Road, Tuxford, was fined £6,000 and ordered to pay costs of £1,514 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.
Speaking after the hearing, HSE inspector Steve Shaw said:
“It is important to have the correct equipment in place, which has been thoroughly examined so that safe lifting operations can be carried out by appropriately trained personnel.
“As a result of not having safe working conditions in place, Mr Evans suffered a painful, life-changing injury that could have been prevented.”
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