Derbyshire school fined after grandmother falls from stairs
- A school has been prosecuted for safety failings after a pupil’s grandmother fell off the side of an unguarded staircase.
Southern Derbyshire Magistrates’ Court heard 68-year-old Christine Bywater had been at Repton School watching her grandson play football.
She had gone to the pavilion for refreshments with the rest of her family but on leaving the building by the outside steps, she lost her balance when she moved from a wooden staircase to a stone one.
Mrs Bywater, of Shrewsbury, fell over the parapet on the stone staircase to the ground some two metres below and fractured three bones in her neck. She also broke the index finger on her right hand and lacerated her scalp in the incident on 30 November 2013. She is still recovering.
A Health and Safety Executive (HSE) investigation found there were handrails fitted to the wooden stairs leading from the pavilion to the stone staircase while the stone staircase had a 40 centimetre-high parapet running along the edge of the stairs but no handrail.
Repton School, of Repton, Derby, pleaded guilty to breaching Regulation 4(1), contrary to Regulation 12(5), of the Workplace (Health, Safety and Welfare) Regulations 1992 and was fined £10,000 and ordered to pay £534 in costs.
After the hearing, HSE inspector Edward Walker said:
“This was a foreseeable incident which could easily have been avoided had reasonable measures, such as the fitting of guard rails, been taken.
“Published guidance exists regarding appropriate edge protection and dimensions for handrails which the school could have used to identify the appropriate standard.
“The school has since fitted wooden rails to the previously unguarded edge, but it should have done this before someone suffered a painful injury.”
She had gone to the pavilion for refreshments with the rest of her family but on leaving the building by the outside steps, she lost her balance when she moved from a wooden staircase to a stone one.
Mrs Bywater, of Shrewsbury, fell over the parapet on the stone staircase to the ground some two metres below and fractured three bones in her neck. She also broke the index finger on her right hand and lacerated her scalp in the incident on 30 November 2013. She is still recovering.
A Health and Safety Executive (HSE) investigation found there were handrails fitted to the wooden stairs leading from the pavilion to the stone staircase while the stone staircase had a 40 centimetre-high parapet running along the edge of the stairs but no handrail.
Repton School, of Repton, Derby, pleaded guilty to breaching Regulation 4(1), contrary to Regulation 12(5), of the Workplace (Health, Safety and Welfare) Regulations 1992 and was fined £10,000 and ordered to pay £534 in costs.
After the hearing, HSE inspector Edward Walker said:
“This was a foreseeable incident which could easily have been avoided had reasonable measures, such as the fitting of guard rails, been taken.
“Published guidance exists regarding appropriate edge protection and dimensions for handrails which the school could have used to identify the appropriate standard.
“The school has since fitted wooden rails to the previously unguarded edge, but it should have done this before someone suffered a painful injury.”
Firm prosecuted after worker loses fingertip in unguarded drill
- A West Midlands fabrications company has been fined after an employee lost the tip of his finger in an unguarded drill.
Black Country Magistrates’ Court heard the 32-year-old man, from Dudley, was drilling holes into metal components at H&H Alloy Sales Ltd when the incident happened on 18 December 2013.
As he pushed a piece of metal which was not moving properly, his hand shot across it and his middle finger became caught on the drill bit. His glove became entangled so he was unable to pull it out.
He had to have the tip of his middle finger amputated and was off work for three months. However, when he returned in March this year, he suffered considerable discomfort and surgeons decided to amputate the finger further, to the first joint. He only went back to the factory three weeks ago.
An HSE investigation found the company had a documented safe system of work for the drill which stated that as part of the preparations for work, the guard should be placed in position and then checked by the operator to make sure it is correct. However, the guard had been removed at some point previously and never replaced. It was subsequently re-fitted after being found in a box.
H&H Alloy Sales Ltd, of Titford Lane, Rowley Regis, was yesterday (2 Oct) fined £13,000 and ordered to pay costs of £1,391 after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Judith Lloyd said:
“The incident was entirely preventable. The underlying cause was that it was custom and practice to use the drill without a guard in place. Instruction for employees was lacking and there was no system in place to check that guards were being used correctly, despite having a written procedure.
“It was reasonably practicable to guard the drill and it had in fact been guarded in the past. Wearing gloves without an appropriate guard significantly increased the risk of entanglement, something the company had been provided with advice on during a previous inspection.
“Following the incident the job was completed on a programmable automatic drilling machine which begs the question, why didn’t the company use this method from the start? If it had, a man would have been spared a painful injury.”
As he pushed a piece of metal which was not moving properly, his hand shot across it and his middle finger became caught on the drill bit. His glove became entangled so he was unable to pull it out.
He had to have the tip of his middle finger amputated and was off work for three months. However, when he returned in March this year, he suffered considerable discomfort and surgeons decided to amputate the finger further, to the first joint. He only went back to the factory three weeks ago.
An HSE investigation found the company had a documented safe system of work for the drill which stated that as part of the preparations for work, the guard should be placed in position and then checked by the operator to make sure it is correct. However, the guard had been removed at some point previously and never replaced. It was subsequently re-fitted after being found in a box.
H&H Alloy Sales Ltd, of Titford Lane, Rowley Regis, was yesterday (2 Oct) fined £13,000 and ordered to pay costs of £1,391 after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Judith Lloyd said:
“The incident was entirely preventable. The underlying cause was that it was custom and practice to use the drill without a guard in place. Instruction for employees was lacking and there was no system in place to check that guards were being used correctly, despite having a written procedure.
“It was reasonably practicable to guard the drill and it had in fact been guarded in the past. Wearing gloves without an appropriate guard significantly increased the risk of entanglement, something the company had been provided with advice on during a previous inspection.
“Following the incident the job was completed on a programmable automatic drilling machine which begs the question, why didn’t the company use this method from the start? If it had, a man would have been spared a painful injury.”
Firm in court over worker’s drill injury
A manufacturer has been fined for safety failings after a worker’s hand became entangled around a factory drill.
Stormguard Ltd, which produces a range of drainage products, was prosecuted by the HSE after an investigation found it had ignored warnings by its own health and safety officer about how the machine was being used.
Macclesfield Magistrates’ Court heard the 36-year-old worker from Macclesfield, who has asked not to be named, had only been working at the Chester Road factory for a couple of weeks when the incident happened on 16 October 2012.
He was using the drill to produce metal sills, used to deflect rainwater from the bottom of doors, when the glove on his right hand became caught, pulling his hand around the rotating drill bit.
The third finger on his right hand was dislocated and fractured, and his little finger was also fractured.
The HSE investigation found that the guard on the drill was inadequate and that it had become common practice for workers to wear gloves while using the drill, despite the risk of gloves becoming entangled being well known in the manufacturing industry.
The court was told that Stormguard’s own health and safety officer had identified inadequate guarding on the drill in a written report over a year before the incident. He also raised the issue of workers wearing gloves while using drills. However, no action was taken to tackle these issues.
Stormguard Ltd, of Chestergate in Macclesfield, was fined £2,000 and ordered to pay £4,377 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 Deborah Walker said:
“There was simply no need for this incident to have happened, especially as Stormguard’s own health and safety officer had raised the issue with the company.
“The employee was lucky to escape with relatively minor injuries, but they could easily have been much worse. Workers at the factory were regularly using the drill without an adequate guard and while wearing gloves so there was a high risk that someone would be injured.
“There’s absolutely no point in manufacturers hiring health and safety officers if they’re not going to listen to their advice. Risk assessments should be acted on – not put on a shelf to gather dust.”
Stormguard Ltd, which produces a range of drainage products, was prosecuted by the HSE after an investigation found it had ignored warnings by its own health and safety officer about how the machine was being used.
Macclesfield Magistrates’ Court heard the 36-year-old worker from Macclesfield, who has asked not to be named, had only been working at the Chester Road factory for a couple of weeks when the incident happened on 16 October 2012.
He was using the drill to produce metal sills, used to deflect rainwater from the bottom of doors, when the glove on his right hand became caught, pulling his hand around the rotating drill bit.
The third finger on his right hand was dislocated and fractured, and his little finger was also fractured.
The HSE investigation found that the guard on the drill was inadequate and that it had become common practice for workers to wear gloves while using the drill, despite the risk of gloves becoming entangled being well known in the manufacturing industry.
The court was told that Stormguard’s own health and safety officer had identified inadequate guarding on the drill in a written report over a year before the incident. He also raised the issue of workers wearing gloves while using drills. However, no action was taken to tackle these issues.
Stormguard Ltd, of Chestergate in Macclesfield, was fined £2,000 and ordered to pay £4,377 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 Deborah Walker said:
“There was simply no need for this incident to have happened, especially as Stormguard’s own health and safety officer had raised the issue with the company.
“The employee was lucky to escape with relatively minor injuries, but they could easily have been much worse. Workers at the factory were regularly using the drill without an adequate guard and while wearing gloves so there was a high risk that someone would be injured.
“There’s absolutely no point in manufacturers hiring health and safety officers if they’re not going to listen to their advice. Risk assessments should be acted on – not put on a shelf to gather dust.”
Gas fitter sentenced after illegally removing boiler
- A Suffolk-based self-employed builder has been given a prison sentence and community service after leaving a householder in danger when he left a gas supply pipe open and uncapped after illegally removing a boiler as part of a central heating installation project.
An investigation by the HSE into the incident on 11 October 2012 found that Keith Vickerstaff was not Gas Safe registered and was not qualified to carry out any works involving the removal or installation of gas appliances.
It was discovered that Mr Vickerstaff had been reported to Gas Safe’s predecessor, CORGI, in 2007 for a similar offence of carrying out unregistered gas work.
Ipswich Crown Court heard that Mr Vickerstaff removed a gas boiler and left an open ended, uncapped, gas supply pipe. It was later classed as ‘immediately dangerous’ by a Gas Safe investigator, who checked the work after Mr Vickerstaff abandoned the job, despite taking a considerable deposit for installing full central heating.
Keith Vickerstaff, 49, of Wainwright Way, Kesgrave, Ipswich was given a six months prison sentence suspended for 18 months and 180 hours of unpaid community work after pleading guilty to breaching Regulation 3(1) of the Gas Safety (Installation and Use) Regulations 1998 and section 3(2) of the Health and Safety at Work etc Act 1974.
After the case, HSE Inspector Anthony Brookes, said:
“It is sheer luck that nobody was injured as a result of Mr Vickerstaff’s shoddy and illegal work. His actions endangered householders and their neighbours and put them at serious risk of injury and even potentially death.
“He took money for work that he was not competent to do and left the occupants of the house thousands of pounds out of pocket and with an extremely dangerous gas supply that could have caused a fire or explosion at any time.”
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.
It was discovered that Mr Vickerstaff had been reported to Gas Safe’s predecessor, CORGI, in 2007 for a similar offence of carrying out unregistered gas work.
Ipswich Crown Court heard that Mr Vickerstaff removed a gas boiler and left an open ended, uncapped, gas supply pipe. It was later classed as ‘immediately dangerous’ by a Gas Safe investigator, who checked the work after Mr Vickerstaff abandoned the job, despite taking a considerable deposit for installing full central heating.
Keith Vickerstaff, 49, of Wainwright Way, Kesgrave, Ipswich was given a six months prison sentence suspended for 18 months and 180 hours of unpaid community work after pleading guilty to breaching Regulation 3(1) of the Gas Safety (Installation and Use) Regulations 1998 and section 3(2) of the Health and Safety at Work etc Act 1974.
After the case, HSE Inspector Anthony Brookes, said:
“It is sheer luck that nobody was injured as a result of Mr Vickerstaff’s shoddy and illegal work. His actions endangered householders and their neighbours and put them at serious risk of injury and even potentially death.
“He took money for work that he was not competent to do and left the occupants of the house thousands of pounds out of pocket and with an extremely dangerous gas supply that could have caused a fire or explosion at any time.”
Safer sites – 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
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