Drinks firm Diageo sentenced after two workers injured
- Drinks company Diageo Scotland Ltd has been fined for safety failings after two workers were injured in falls at separate plants in Moray.
Robert Edward, then 51, fell nearly four metres from a portable ladder while clearing a blockage inside a chute in a grain silo at Burghead Maltings in King Street, Burghead, on 1 January 2012.
He was found unconscious on the floor by another worker and taken to hospital with concussion, a cut to his head and a dislocated finger. He had restricted movement in his hand but has returned to work.
Two months later, on 16 March, at Glenlossie Dark Grains Plant in Thomshill, Elgin, Peter Douglas, then 43, was standing on the engine bonnet of a loader shovel to wash the roof when he slipped and fell more than two metres to the ground.
Mr Douglas was taken to hospital suffering from a bleed to the brain and a shattered bone in his left leg. His short term memory has been affected, however he has returned to full-time employment.
Elgin Sheriff Court heard that an investigation by the Health and Safety Executive (HSE) revealed that Diageo had failed to take sufficient steps to prevent the use of ladders in unsafe circumstances when clearing blockages at Burghead Maltings.
Diageo Scotland Ltd provided platform ladders for access but these were difficult to manoeuvre across the pipes and conveyors covering areas of the silo floor and to get them past the lights and ducting on the ceiling.
At the Glenlossie plant, HSE inspectors found that instructions on how to wash the shovel were passed down from one employee to the next during initial training to be a loader shovel operator. There was neither a risk assessment nor any written instructions for the cleaning of the machine as it was assumed by Diageo that this would be done solely from the ground.
Diageo Scotland Ltd, of Lochside Way, Edinburgh Park, Edinburgh, was fined a total of £18,000 after pleading guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005 for the Burghead incident, and Section 2(1) of the Health and Safety at Work etc Act 1974 for the Glenlossie incident.
Following the case, HSE Principal Inspector Niall Miller, said:
“Both of these incidents, which could have proved fatal for the workers involved, could have been avoided had Diageo Scotland Ltd ensured its employees were adequately protected from the risks associated with their jobs.
“At Burghead Maltings, Diageo’s management was aware of the blockage issue; however they failed to identify that a safe method of working was not in place and that unsafe practices for clearing blockages had developed.
“At Glenlossie, a discussion with a loader shovel operator on how it was washed would have identified the dangers to employees. The risk assessment on the use of the loader shovel should also have considered the risks associated with its cleaning.
“In both cases Diageo had provided work at height training, which included risk assessment training, and believed their employees should be competent to plan and carry out work at height. However, it is not sufficient for health and safety instructions merely to be given to workers; employers must also ensure those instructions are carried out.”
He was found unconscious on the floor by another worker and taken to hospital with concussion, a cut to his head and a dislocated finger. He had restricted movement in his hand but has returned to work.
Two months later, on 16 March, at Glenlossie Dark Grains Plant in Thomshill, Elgin, Peter Douglas, then 43, was standing on the engine bonnet of a loader shovel to wash the roof when he slipped and fell more than two metres to the ground.
Mr Douglas was taken to hospital suffering from a bleed to the brain and a shattered bone in his left leg. His short term memory has been affected, however he has returned to full-time employment.
Elgin Sheriff Court heard that an investigation by the Health and Safety Executive (HSE) revealed that Diageo had failed to take sufficient steps to prevent the use of ladders in unsafe circumstances when clearing blockages at Burghead Maltings.
Diageo Scotland Ltd provided platform ladders for access but these were difficult to manoeuvre across the pipes and conveyors covering areas of the silo floor and to get them past the lights and ducting on the ceiling.
At the Glenlossie plant, HSE inspectors found that instructions on how to wash the shovel were passed down from one employee to the next during initial training to be a loader shovel operator. There was neither a risk assessment nor any written instructions for the cleaning of the machine as it was assumed by Diageo that this would be done solely from the ground.
Diageo Scotland Ltd, of Lochside Way, Edinburgh Park, Edinburgh, was fined a total of £18,000 after pleading guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005 for the Burghead incident, and Section 2(1) of the Health and Safety at Work etc Act 1974 for the Glenlossie incident.
Following the case, HSE Principal Inspector Niall Miller, said:
“Both of these incidents, which could have proved fatal for the workers involved, could have been avoided had Diageo Scotland Ltd ensured its employees were adequately protected from the risks associated with their jobs.
“At Burghead Maltings, Diageo’s management was aware of the blockage issue; however they failed to identify that a safe method of working was not in place and that unsafe practices for clearing blockages had developed.
“At Glenlossie, a discussion with a loader shovel operator on how it was washed would have identified the dangers to employees. The risk assessment on the use of the loader shovel should also have considered the risks associated with its cleaning.
“In both cases Diageo had provided work at height training, which included risk assessment training, and believed their employees should be competent to plan and carry out work at height. However, it is not sufficient for health and safety instructions merely to be given to workers; employers must also ensure those instructions are carried out.”
Mental health service provider fined following patient fall
- Mental health services provider North Essex Partnership University Foundation Trust (NEPUFT) has been fined for safety failings after a resident service user with a history of trying to abscond fell from the first floor window of a secure unit in Harlow.
The 18 year old, who does not wish to be named, suffered two fractures to her back and a dislocated right knee after falling a distance of three-and-a-half metres from her dormitory bedroom window at the Derwent Centre on Hamstel Road on 27 July 2013.
NEPUFT was prosecuted after the Health and Safety Executive (HSE) investigated the fall.
Colchester Magistrates’ Court heard the incident could have been prevented had a window restrictor on her bedroom dormitory window been properly set to the requisite 100mm.
North Essex Partnership University Foundation Trust, of Stapleford House, Stapleford Close, Chelmsford, was fined £10,000 and ordered to pay costs of £615 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
Speaking after the hearing HSE Inspector Kim Tichias, said:
“The risks of vulnerable patients falling from windows are well known. There have been a number of similar accidents in recent years, including fatalities, and any windows that are accessible to vulnerable people should be restrained so that they cannot be opened far enough to allow people to fall out.
“This incident is all the more serious because it involves a member of the public who was in this environment specifically to ensure her safety and well-being.
“Furthermore, the Trust was aware of the risks but had not put adequate safety measures in place in a timely manner. A window restrictor, correctly set to allow a maximum opening of 100mm, would have prevented this incident and the serious injuries suffered.”
NEPUFT was prosecuted after the Health and Safety Executive (HSE) investigated the fall.
Colchester Magistrates’ Court heard the incident could have been prevented had a window restrictor on her bedroom dormitory window been properly set to the requisite 100mm.
North Essex Partnership University Foundation Trust, of Stapleford House, Stapleford Close, Chelmsford, was fined £10,000 and ordered to pay costs of £615 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
Speaking after the hearing HSE Inspector Kim Tichias, said:
“The risks of vulnerable patients falling from windows are well known. There have been a number of similar accidents in recent years, including fatalities, and any windows that are accessible to vulnerable people should be restrained so that they cannot be opened far enough to allow people to fall out.
“This incident is all the more serious because it involves a member of the public who was in this environment specifically to ensure her safety and well-being.
“Furthermore, the Trust was aware of the risks but had not put adequate safety measures in place in a timely manner. A window restrictor, correctly set to allow a maximum opening of 100mm, would have prevented this incident and the serious injuries suffered.”
College in court over employee’s life-long injuries
- Burnley College has been fined £20,000 after an employee was severely injured when he fell three metres while changing an air filter on an extraction system.
The sixth form and further education college was prosecuted by the Health and Safety Executive (HSE) after an investigation found it had failed to ensure the work was carried out safely, despite specialising in teaching health and safety courses.
Preston Crown Court heard that the 63-year-old engineering technician from Burnley, who has asked not to be named, had needed to put his left foot on a cabinet and his right foot on the top rung of a stepladder to reach the filter.
As he did this, on 28 May 2013, the stepladder toppled from under him and he fell sideways, hitting a bench on his way down. His back was broken in several places and he also sustained a fractured breastbone.
The employee required morphine for 12 days to manage the pain, was off work for five and a half months, and is likely to need to take pain killers every day for the rest of his life. He can now only walk short distances and has had to give up hobbies such as fell walking and DIY, which he carried out for his 85-year-old mother.
The court was told the extraction system had been installed at short notice after the college secured a new contract to train nearly 300 employees from the aerospace industry on working with sheets of carbon fibre.
The unit was needed to remove the carbon fibre dust generated by drilling and other processes but it was installed above a narrow gap between a cabinet and a fixed workbench. This meant the employee was unable to use the college’s mobile elevated work platform to reach the filter, which needed to be changed regularly.
The HSE investigation found his supervisor had witnessed him removing the filter in exactly the same way just over a week earlier, but had failed to take any action to ensure the work was carried out safely in future.
The college had not given the employee any training on working at height, and had failed to produce a single risk assessment on work at height activities since moving to a new building in 2009.
Burnley College, of Princess Way in Burnley, was fined £20,000 and ordered to pay £7,600 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Rose Leese-Weller said:
“It’s astonishing that Burnley College failed to ensure basic health and safety systems were in place when it employs lecturers who specialise in this area.
“Anyone with even the slightest knowledge of safety while working at height would have known straddling a cabinet and the top rung of a stepladder was dangerous, but this practice was allowed to continue by the college.
“The extraction system was installed quickly and without thought for the employees who would need to change the filters. The technician therefore had no choice but to reach them in this way.
“If the college had carried out a proper risk assessment in advance then the unit could have been installed in an area where it could be reached by the mobile elevated work platform, without an employee’s life being put in danger.”
Preston Crown Court heard that the 63-year-old engineering technician from Burnley, who has asked not to be named, had needed to put his left foot on a cabinet and his right foot on the top rung of a stepladder to reach the filter.
As he did this, on 28 May 2013, the stepladder toppled from under him and he fell sideways, hitting a bench on his way down. His back was broken in several places and he also sustained a fractured breastbone.
The employee required morphine for 12 days to manage the pain, was off work for five and a half months, and is likely to need to take pain killers every day for the rest of his life. He can now only walk short distances and has had to give up hobbies such as fell walking and DIY, which he carried out for his 85-year-old mother.
The court was told the extraction system had been installed at short notice after the college secured a new contract to train nearly 300 employees from the aerospace industry on working with sheets of carbon fibre.
The unit was needed to remove the carbon fibre dust generated by drilling and other processes but it was installed above a narrow gap between a cabinet and a fixed workbench. This meant the employee was unable to use the college’s mobile elevated work platform to reach the filter, which needed to be changed regularly.
The HSE investigation found his supervisor had witnessed him removing the filter in exactly the same way just over a week earlier, but had failed to take any action to ensure the work was carried out safely in future.
The college had not given the employee any training on working at height, and had failed to produce a single risk assessment on work at height activities since moving to a new building in 2009.
Burnley College, of Princess Way in Burnley, was fined £20,000 and ordered to pay £7,600 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Rose Leese-Weller said:
“It’s astonishing that Burnley College failed to ensure basic health and safety systems were in place when it employs lecturers who specialise in this area.
“Anyone with even the slightest knowledge of safety while working at height would have known straddling a cabinet and the top rung of a stepladder was dangerous, but this practice was allowed to continue by the college.
“The extraction system was installed quickly and without thought for the employees who would need to change the filters. The technician therefore had no choice but to reach them in this way.
“If the college had carried out a proper risk assessment in advance then the unit could have been installed in an area where it could be reached by the mobile elevated work platform, without an employee’s life being put in danger.”
Employer sentenced after worker crushed to death
- A employer has been fined for safety failings which led to a worker being killed after he was thrown from a forklift truck and crushed.
David Westwater, 22, of Denny, had only been working for Basil Pinkney, in his small scaffold refurbishment business in Coatbridge, for two weeks before the incident happened on 28 August 2012.
Airdrie Sheriff Court heard that Mr Westwater was driving an unladen forklift truck down a sloping access way to the front gate to see his girlfriend when she arrived to pick him up at the end of his shift.
He made a sharp left hand turn, causing the vehicle to tip over. Mr Westwater, who was not wearing a seatbelt, was thrown to the ground and the vehicle’s protective cage fell onto his head trapping him beneath it.
Alerted by the screams of his girlfriend, a colleague rushed to use another forklift truck to raise the vehicle to free Mr Westwater. He had suffered multiple head injuries and was pronounced dead at the scene by paramedics.
An investigation by the Health and Safety Executive (HSE) revealed Mr Pinkney had failed to provide a safe system of work at the site, in that he failed to have in place a system to ensure that only suitably trained employees drove forklift trucks.
Mr Westwater had not received any formal training on driving forklift trucks. He had been given about 20 minutes’ in-house training but this fell far short of the standard required by HSE. He had not been given adequate training in relation to the requirement to wear a seatbelt or in relation to the hazards involved in carrying out sharp turning manoeuvres.
The court was told that during a site visit several years earlier, a HSE inspector had seen a forklift truck driven by a non-qualified driver and Mr Pinkney, who trades as B D Pinkney & Co, was told to ensure that only those properly trained to drive the vehicle should use it. Despite this, at the time of the incident some employees who were required to drive the forklift trucks, had not undergone any external training.
Basil ‘Bill’ Pinkney, 69, t/a B D Pinkney & Co, Unit 4, Northburn Road, Coatbridge, was fined £24,500 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
Following the case, HSE Acting Head of Operations Barry Baker, said: “The tragic death of Mr Westwater could easily have been prevented. Basil Pinkney had previously been told to ensure that only employees who had been properly trained should drive his forklift trucks. On the date of the incident there were three trained forklift drivers on site so there was no need for Mr Westwater to even be on a forklift.
“Every year there are serious and sometimes fatal incidents involving forklift trucks. It was entirely foreseeable that there was a risk of death or serious injury in allowing an inexperienced and untrained driver to operate a forklift truck.
“Mr Westwater should not have been allowed to operate any of the forklift trucks on site until he had been properly trained to do so.”
In addition to Mr James’s fatal injuries, the three other men standing nearby suffered severe injuries.
Arek Kuchczynski, aged 29, was unconscious for two weeks following the incident and remained in hospital for many months after suffering injuries to his head and skull, and damage to his forearm, requiring three operations and a skin graft.
Roger Mees, a 43 year old horticultural manager, suffered serious trauma to his head including a broken jaw, heavy bruising to his face, damage to his teeth, a cut across the nose, black eyes and a two-inch deep cut to his lip. Horticultural technician Radoslau Dimitov, aged 25, also suffered a fractured arm.
“This tragic incident has cost one man his life and changed the lives of many other people forever. There were simple, sensible and proportionate steps, such as releasing the pressure in the tanks, that could – and should – have been taken to do the work safely.
“All that was needed was a little thought beforehand to ensure that the work was properly planned, carried out by competent people and supervised. Had this been done, this tragedy could have been avoided.
“All employers must ensure any task of this nature, indeed any maintenance or repair task, is properly planned and considered to ensure that sensible precautions can be taken. That includes ensuring all sources of energy are isolated before work begins.”
Airdrie Sheriff Court heard that Mr Westwater was driving an unladen forklift truck down a sloping access way to the front gate to see his girlfriend when she arrived to pick him up at the end of his shift.
He made a sharp left hand turn, causing the vehicle to tip over. Mr Westwater, who was not wearing a seatbelt, was thrown to the ground and the vehicle’s protective cage fell onto his head trapping him beneath it.
Alerted by the screams of his girlfriend, a colleague rushed to use another forklift truck to raise the vehicle to free Mr Westwater. He had suffered multiple head injuries and was pronounced dead at the scene by paramedics.
An investigation by the Health and Safety Executive (HSE) revealed Mr Pinkney had failed to provide a safe system of work at the site, in that he failed to have in place a system to ensure that only suitably trained employees drove forklift trucks.
Mr Westwater had not received any formal training on driving forklift trucks. He had been given about 20 minutes’ in-house training but this fell far short of the standard required by HSE. He had not been given adequate training in relation to the requirement to wear a seatbelt or in relation to the hazards involved in carrying out sharp turning manoeuvres.
The court was told that during a site visit several years earlier, a HSE inspector had seen a forklift truck driven by a non-qualified driver and Mr Pinkney, who trades as B D Pinkney & Co, was told to ensure that only those properly trained to drive the vehicle should use it. Despite this, at the time of the incident some employees who were required to drive the forklift trucks, had not undergone any external training.
Basil ‘Bill’ Pinkney, 69, t/a B D Pinkney & Co, Unit 4, Northburn Road, Coatbridge, was fined £24,500 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
Following the case, HSE Acting Head of Operations Barry Baker, said: “The tragic death of Mr Westwater could easily have been prevented. Basil Pinkney had previously been told to ensure that only employees who had been properly trained should drive his forklift trucks. On the date of the incident there were three trained forklift drivers on site so there was no need for Mr Westwater to even be on a forklift.
“Every year there are serious and sometimes fatal incidents involving forklift trucks. It was entirely foreseeable that there was a risk of death or serious injury in allowing an inexperienced and untrained driver to operate a forklift truck.
“Mr Westwater should not have been allowed to operate any of the forklift trucks on site until he had been properly trained to do so.”
Firm sentenced following worker’s death in explosion
- A horticultural company has been fined after a worker died and three others were seriously injured in an explosion while emptying a pressurised tank used to heat greenhouses.
Peter James, aged 67 of Southmead Terrace, Crewkerne, died of head injuries six days after the incident. Two of his workmates had been asked to open the tank in preparation for upgrading work at a nursery at Bradon Farm, Isle Abbots, near Taunton on 11 May 2010.
The incident was investigated by the Health and Safety Executive (HSE), which prosecuted Mr James’ employer, Cantelo Nurseries Ltd, at Taunton Crown Court.
The court heard that two workers were asked to unbolt a hatch cover from a pressure vessel while there was still pressure in the system. This caused a devastating release of pressure that sent the hatch cover flying across the room followed by a large jet of water that swept everyone off their feet.
Arek Kuchczynski, aged 29, was unconscious for two weeks following the incident and remained in hospital for many months after suffering injuries to his head and skull, and damage to his forearm, requiring three operations and a skin graft.
Roger Mees, a 43 year old horticultural manager, suffered serious trauma to his head including a broken jaw, heavy bruising to his face, damage to his teeth, a cut across the nose, black eyes and a two-inch deep cut to his lip. Horticultural technician Radoslau Dimitov, aged 25, also suffered a fractured arm.
HSE’s investigation found that the work was not properly planned, that workers had not been properly trained or supervised, and that at least one of them spoke very little English, which made it difficult to understand instructions.
The court was told the hatch should not have been removed until all the pressure had been safely released from the system.
Cantelo Nurseries Ltd, of Bradon Farm, Isle Abbotts, Taunton, pleaded guilty to two breaches of health and safety legislation and was fined a total of £80,000 and ordered to pay £59,812 in costs.
HSE Inspector Christine Haberfield, speaking after the hearing, said:
“All that was needed was a little thought beforehand to ensure that the work was properly planned, carried out by competent people and supervised. Had this been done, this tragedy could have been avoided.
“All employers must ensure any task of this nature, indeed any maintenance or repair task, is properly planned and considered to ensure that sensible precautions can be taken. That includes ensuring all sources of energy are isolated before work begins.”
Worker ‘lucky to be alive’ after cutting through mains cable
- A labourer from Liverpool could have been killed when he cut through a mains electricity cable, a court has heard.
The 22-year-old from Prescott had been told the electricity supply had been disconnected but was thrown across a basement when his angle grinder made contact with the live wires.
Construction firm Vermont Capitol Ltd was prosecuted by the Health and Safety Executive (HSE) following the incident at a building site on Shaw Street on 2 August 2013.
Liverpool Magistrates’ Court heard that the company was clearing the site before building a block of around 60 student flats at the end of a row of Grade-II-listed Regency terraced houses, dating from the 1830s.
The end terrace had been partially demolished after becoming structurally unsound, leaving just the façade and basement on the building site.
The court was told the worker had been asked to remove old pipes and cables from the cellar but Vermont Capitol had failed to ensure the mains supply into the building had been disconnected, despite informing the site manager that it had.
There was a flash as the labourer cut into the cable and he suffered injuries to his elbow and shoulder after being thrown across the room. His protective clothing prevented him from suffering burns or being more badly injured.
Vermont Capitol Ltd, of Argyle Street in Liverpool, was fined £2,000 and ordered to pay £980 in prosecution costs after pleading guilty to a breach of the Construction (Design and Management) Regulations 2007 by failing to identify the live mains cable.
Speaking after the hearing, HSE Inspector Chris Hatton said:
“This young worker is extremely lucky to be alive after suffering an electric shock from a mains cable likely to be carrying at least 240 volts of power.
“The team on the site had been told all of the utilities entering the site had been disconnected and so the worker had no way of knowing he was actually cutting into a live electricity cable.
“It’s vital that developers take the risks seriously from gas pipes and electricity cables and get written confirmation that supplies have been disconnected before starting work. Otherwise lives will continue to be put at risk.”
Construction firm Vermont Capitol Ltd was prosecuted by the Health and Safety Executive (HSE) following the incident at a building site on Shaw Street on 2 August 2013.
Liverpool Magistrates’ Court heard that the company was clearing the site before building a block of around 60 student flats at the end of a row of Grade-II-listed Regency terraced houses, dating from the 1830s.
The end terrace had been partially demolished after becoming structurally unsound, leaving just the façade and basement on the building site.
The court was told the worker had been asked to remove old pipes and cables from the cellar but Vermont Capitol had failed to ensure the mains supply into the building had been disconnected, despite informing the site manager that it had.
There was a flash as the labourer cut into the cable and he suffered injuries to his elbow and shoulder after being thrown across the room. His protective clothing prevented him from suffering burns or being more badly injured.
Vermont Capitol Ltd, of Argyle Street in Liverpool, was fined £2,000 and ordered to pay £980 in prosecution costs after pleading guilty to a breach of the Construction (Design and Management) Regulations 2007 by failing to identify the live mains cable.
Speaking after the hearing, HSE Inspector Chris Hatton said:
“This young worker is extremely lucky to be alive after suffering an electric shock from a mains cable likely to be carrying at least 240 volts of power.
“The team on the site had been told all of the utilities entering the site had been disconnected and so the worker had no way of knowing he was actually cutting into a live electricity cable.
“It’s vital that developers take the risks seriously from gas pipes and electricity cables and get written confirmation that supplies have been disconnected before starting work. Otherwise lives will continue to be put at risk.”
Scrap metal firm fined over lead poisoning
- A Darwen-based scrap metal firm has been fined for health and safety failings after workers suffered from lead poisoning.
One 48-year-old man from Darwen, who has asked not to be named, was admitted to hospital after blood tests revealed he had seven times the normal amount of lead in his body, putting him at risk of nerve, brain and kidney damage, and infertility.
Frank Barnes (Darwen) Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation found employees had been regularly exposed to lead fumes and dust for a number of months.
Preston Crown Court heard on 20th October 2014, that the firm had been contracted to dismantle metal structures and machinery by a lead battery manufacturer in 2009.
This involved work at the battery factory in Over Hulton as well as at Frank Barnes’ own site at Albert and Hope Mills on Cross Street in Darwen.
The owners of the battery firm provided an induction on working with lead, and regularly monitored each employee for exposure.
On 24 November 2009, the 48-year-old employee was found to have high levels of lead in his blood and was suspended from working with lead at the battery factory, as is required by law.
Frank Barnes was also told the employee should not work with lead materials at the Cross Street site, but this advice was ignored. The warning was repeated in January 2010 when another blood test revealed the lead levels in his blood were still high but, again, this was ignored.
HSE was alerted in early February by the GP of another employee whose blood also had high levels of lead. A HSE medical inspector made it clear to the firm that any workers with high blood readings should be taken off that type of work until their levels had reduced.
Despite this, again no action was taken and employees continued to be exposed to lead fumes and dust, leading to the 48-year-old employee being admitted to hospital later that month.
When HSE visited the site in March 2010 they found two other workers, who should have been suspended from lead work, had been allowed to continue working with lead-containing materials and had not been given suitable protective equipment.
Frank Barnes (Darwen) Ltd was fined £30,000 and ordered to pay £29,639.65 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Michael Mullen said: “This is one of the worst cases I have dealt with as an inspector. Frank Barnes (Darwen) Ltd consistently failed to respond to clear advice concerning employees with high levels of lead in their blood and these employees continued to be exposed to lead fumes.
“Workers were not warned about the risks they faced, nor given suitable protective masks or clothing.
“The scrap metal company had a duty to adequately assess and manage the risk of exposure of its employees to lead. However there was no assessment and no effective controls in place in relation to the work.
“This case should act as a clear warning to others who fail to heed health and safety laws that they could find themselves in court.”
Frank Barnes (Darwen) Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation found employees had been regularly exposed to lead fumes and dust for a number of months.
Preston Crown Court heard on 20th October 2014, that the firm had been contracted to dismantle metal structures and machinery by a lead battery manufacturer in 2009.
This involved work at the battery factory in Over Hulton as well as at Frank Barnes’ own site at Albert and Hope Mills on Cross Street in Darwen.
The owners of the battery firm provided an induction on working with lead, and regularly monitored each employee for exposure.
On 24 November 2009, the 48-year-old employee was found to have high levels of lead in his blood and was suspended from working with lead at the battery factory, as is required by law.
Frank Barnes was also told the employee should not work with lead materials at the Cross Street site, but this advice was ignored. The warning was repeated in January 2010 when another blood test revealed the lead levels in his blood were still high but, again, this was ignored.
HSE was alerted in early February by the GP of another employee whose blood also had high levels of lead. A HSE medical inspector made it clear to the firm that any workers with high blood readings should be taken off that type of work until their levels had reduced.
Despite this, again no action was taken and employees continued to be exposed to lead fumes and dust, leading to the 48-year-old employee being admitted to hospital later that month.
When HSE visited the site in March 2010 they found two other workers, who should have been suspended from lead work, had been allowed to continue working with lead-containing materials and had not been given suitable protective equipment.
Frank Barnes (Darwen) Ltd was fined £30,000 and ordered to pay £29,639.65 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Michael Mullen said: “This is one of the worst cases I have dealt with as an inspector. Frank Barnes (Darwen) Ltd consistently failed to respond to clear advice concerning employees with high levels of lead in their blood and these employees continued to be exposed to lead fumes.
“Workers were not warned about the risks they faced, nor given suitable protective masks or clothing.
“The scrap metal company had a duty to adequately assess and manage the risk of exposure of its employees to lead. However there was no assessment and no effective controls in place in relation to the work.
“This case should act as a clear warning to others who fail to heed health and safety laws that they could find themselves in court.”
