Care home owner in court over death of vulnerable resident

The owner of a Leicester care home has been fined £100,000 after a vulnerable 85-year-old resident died from serious burns.

Walter Powley was admitted to Western Park View in Hinckley Road for emergency care in May 2012 after an occupational therapist advised his family he could no longer be safely left alone at home due to his risk of falling.

Leicester Crown Court heard that four days later, on 8 May, Mr Powley fell in his room and became trapped between a wardrobe and a radiator. He suffered serious burns right through the skin of his right leg from the radiator pipe and valves, and superficial burns to both legs probably from hot water leaking from the valve. He died in hospital from his injuries eight days later.

A Health and Safety Executive (HSE) investigation found the pipes and valves at the home, owned by Western Park Leicester Ltd, were not covered and to touch had temperatures of around 73 degrees centigrade.

It also found Western Park Leicester Ltd was aware that Mr Powley was at risk of falls and injury and that staff should be vigilant, but the company failed to assess the risks in his room and take appropriate action to control and manage them.

Western Park Leicester Ltd, of Queen Street, Wolverhampton, pleaded guilty to breaching section 3(1) of the Health and Safety at Work etc Act 1974, and was fined £100,000 and ordered to pay a further £35,000 in costs.

Speaking after the hearing, HSE inspector Dr Richenda Dixon said:

“This was a foreseeable and preventable fatal incident. While most of the residents at Western Park View are physically disabled with limited mobility, Walter was not. He was more mobile, and known to be so, hence at greater danger from any risks in his room.

“The scalding or burning risks from the pipes were longstanding and could have caused injury to any resident. Western Park Leicester failed to heed published guidance from HSE about the need to cover hot pipes and valves. Had they been covered or boxed-in Walter’s death could have been prevented.”

In a statement on behalf of Mr Powley’s family, his son, Colin, said:

 

“We are still devastated not only by our Dad’s death but also how it came about. His stay at Western Park View was only to be for two weeks’ respite while we explored all options for future care.

 

“We had supported and cared for Dad daily and kept him safe in his own home for six years following a stroke. The fact that he died from injuries sustained as a result of, in our view, inadequate care in a place where he was supposedly safer than at home, is heart-breaking.

 

“We all have to live with the thought that Dad trusted our decision to place him in temporary respite care and that decision ultimately cost him his life. We have lost valuable time with our dearly-loved Dad and his young grandchildren have lost the time to build on their relationship and memories of him. Nearly three years on we are still grieving for our loss and for the huge hole left in all our lives.

 

“We hope that the lessons learned with regard to exposed pipe work and acceptable temperatures for hot surfaces in care homes will prevent other families having to experience what we have.”

 

Firm in court after routine inspection reveals unsafe work at height

A construction company with a record of endangering the lives of its workers has been fined after the HSE found once again it was putting workers at serious risk of falling from height.

Inspectors who paid a routine visit to AM Construction Ltd’s site in Tildasley Street, West Bromwich, on 15 May 2014 found men working on the first floor without scaffolding, edge protection, airbags or other fall prevention or mitigation measures.

A Prohibition Notice – the company’s ninth in ten years and the eighth relating to work at height – was served by HSE halting all work at height immediately.
Today (20 Jan) at Black Country Magistrates’ Court, AM Construction Ltd, of Kingshill Avenue, Hayes, Middlesex, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005 and was fined £5,300 and ordered to pay £1,157 in costs.

After the hearing, HSE inspector Gareth Langston said:

“Work at height is the biggest cause of death in the workplace and remains a priority area for HSE. When companies regularly fall below the minimum legal standards and repeatedly ignore advice prosecution is inevitable.

“AM Construction Ltd has become a repeat offender in ignoring HSE’s advice and failing in its duty to ensure the safety of its workforce. It is extremely lucky that no-one was killed or hurt.”

Firm in court after worker loses arm

A Powys firm has been fined for serious safety failings after a woodworker had his right arm severed while clearing sawdust from underneath a circular saw.

Brian Morris, 59, from Llanbadarn Fynnyd, was working at Stagecraft Display Ltd’s factory just outside Llandrindod Wells when the incident happened on 23 February 2012.

Llandrindod Wells Magistrates’ Court was told that at the time of the incident Mr Morris had finished sawing for the day and his last task after an 11-hour shift was to clean the saw and saw well.

He stopped the machine and opened the door of the well while the blade was still running down and was on one knee blowing air into the well to clear the dust. At the same time a forklift truck drove into the factory and he turned his head to look.

As he did so the moving blade caught the sleeve of his work jacket and cut his right arm. Although he managed to pull himself free, the arm was almost wholly severed.

Mr Morris was taken to hospital, where he remained for a month, but doctors were unable to successfully reattach his arm and he underwent an amputation below the elbow.

He was unable to return to work because of his injuries and has since died from an unrelated illness.

A HSE investigation found that although the machine was fitted with an interlock that stops power to the saw when the door to the saw well is opened, the saw took more than 30 seconds to stop completely.

The court was also told that a self-employed machine maintenance engineer inspected the saw three months before the incident and told one of the company’s managers that it should be taken out of service or fitted with a brake which would stop the blade much sooner.

Stagecraft Display Ltd, of Esgair Draenllwyn, Llaithddu, Llandrindod Wells, Powys, was fined £10,000 and ordered to pay £11,865 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work Act etc 1974.
Speaking after the hearing, HSE inspector Damian Corbett said:

“This incident was entirely preventable. Saws cause the most injuries in the woodworking industry and power-operated circular saws are dangerous machines which have caused many serious incidents.

“Employees should not be able to gain access to dangerous parts of the machinery while they are moving and Stagecraft Display had a duty, as do all employers, to ensure that this cannot happen.

“Unfortunately in this case the saw had not finished rotating despite the fact that Mr Morris had switched it off and he then inadvertently came into contact with the moving blade, suffering a horrific injury.”

Illegal gas fitter put lives at risk

An unregistered gas fitter put lives at risk because of his poor work illegally fitting boilers.

Arash Raeisinezhadian, 30, illegally carried out gas work at four properties in Swindon between 30 November 2013 and 22 February 2014.

Mr Raeisinezhadian’s activities were investigated by the HSE which prosecuted him at Swindon Magistrates.

The court heard that Mr Raeisinezhadian was paid by a letting agency to remove an old boiler and install a new one at a domestic property in Kopernik Road, Haydon End. He was also contracted to install boilers at homes in Belle Vue Road, Pennycress Close and Abbey View Road.

When the work was checked by a registered gas engineer, the installation at Kopernik Road was classed as “immediately dangerous” because a gas leak was detected and the flue was not installed to the manufacturer’s instructions. Faults, including a gas leak, were also found with the work at Belle Vue Road.
Arash Raeisinezhadian, of Faringdon Road, Swindon, pleaded guilty to four breaches of health and safety legislation and was fined a total of £2,150 and ordered to pay £831 in costs.

HSE Inspector Paul Newton, speaking after the hearing, said:

“Only engineers registered with Gas Safe can carry legally carry out gas work. This case shows the risks of using illegal gas workers and it was fortunate no-one was seriously hurt.

“If gas appliances, such as ovens, cookers and boilers are not properly installed there is a risk of fire, explosion, gas leaks and carbon monoxide poisoning.”
Russell Kramer, of Gas Safe Register, said:

“Illegal gas work is dangerous and puts lives and property at risk. With one in five illegal gas jobs found to be immediately dangerous, it’s vital that people only use Gas Safe registered engineers to carry out gas work.”

Businessman fined for asbestos failure

A businessman allowed the spread of asbestos in an industrial building by not employing licensed contractors to remove the potentially deadly material, a court has heard.

Peter Rees, the owner of a business unit in Eagle Farm Road on the Mochdre Business Park, was selling the building to another business when the incident happened in September 2012.

He appeared at Llandudno Magistrates’ Court today after an investigation by the HSE identified clear failings with his management of the material.

The court heard that the company purchasing the unit had commissioned an asbestos survey that showed the presence of a large amount of asbestos insulating board.

However, instead of employing a qualified and licensed asbestos removal contractor – as the law requires – Mr Rees used a general contractor, which resulted in asbestos dust being spread inside the building.

A complaint was raised by a licensed contractor and a significant clean-up operation was then required by an authorised contractor.

Peter Rees, of York Road, Deganwy, was fined £8,000 ordered to pay £7,400 in costs after pleading guilty to a single breach of the Health and Safety at Work etc Act 1974.

HSE Inspector, Chris Wilcox, speaking after the hearing, said:

“The potentially lethal effects of exposure to asbestos are well known.

“Mr Rees’ failure to use a qualified and licensed company to remove the asbestos led to contamination inside the building. Fortunately, HSE was made aware of the incident before it was reoccupied by the new owners.

“Anyone who owns or has control of non-domestic premises has a legal duty to manage the risk of asbestos in their buildings. When asbestos is removed, it must be done by someone who is trained and competent to do the work.”

Housing company and contractor put workers’ at risk

Workers carrying out extensive boiler renovations on houses in Ilfracombe were exposed to potentially-deadly asbestos because of failures by a two local companies.

Two employees of Pilkington Plumbing and Heating Ltd were allowed to carry out removal of a back boiler and to drill a wall panel at a house in Jubilee Close, Ilfracombe, after the company started work despite not receiving an asbestos survey from North Devon Homes.

The incident, on 27 September 2012, was investigated by the HSE, which prosecuted North Devon Homes for safety failings at Barnstaple Magistrates Court today.

The court heard that Pilkington had requested asbestos survey information on the properties but decided to go ahead without having carried out a sufficient assessment of work liable to disturb asbestos. 

Instead, the contractors relied on information about asbestos on North Devon Homes’ website for contractors, but this was not specific to each property being worked on and was incomplete or misleading.

As a result, asbestos insulation board (AIB) was disturbed and the workers exposed when fillets of a fire surround were moved, an AIB panel above a door was drilled and another AIB panel moved.

Residents in the affected properties, which were all being refurbished, had been vacated during remedial works to remove asbestos containing materials.

North Devon Homes Ltd, of Westacott Road, Barnstaple, pleaded guilty to a breach of Construction (Design Management) Regulations and was fined £1,000 and ordered to pay costs of £650.

Pilkington Plumbing and Heating Ltd, of Pilton Street, Pilton, Barnstaple pleaded guilty to two breaches of Control of Asbestos Regulations at an earlier hearing before the same court (on 8 October) and was fined £1,500 with £642 costs.
HSE Inspector Barry Trudgian, speaking after the hearing, said:

“As a result of North Devon Homes’ failure to provide the required information and Pilkington not waiting for the asbestos details before starting work, two workers have been needlessly exposed to asbestos.

“The risks associated with asbestos in housing stock are well-known and the regulations governing its removal are long-standing. This incident could have been avoided if Pilkington had carried out a suitable and sufficient assessment of the work liable to disturb asbestos.”

 

£150,000 fine for Chessington over youngster’s severe injuries

Chessington World of Adventures was sentenced for safety failings that led to a four-year-old girl suffering life-changing head injuries when she fell from a raised walkway while queuing for a ride.

The youngster, from Kent, fell nearly four metres while waiting in line for the Tomb Blaster ride with her family at the theme park in Surrey on 7 June 2012. She suffered a fractured skull, bleeding to the brain and broken ribs and was in hospital for a month. She still needs extensive rehabilitation treatment and specialist support.

The Health and Safety Executive (HSE) investigated and prosecuted Chessington World of Adventures Operations Ltd after finding the girl had fallen through a gap in a wooden fence.

A hearing at Guildford Crown Court heard HSE had identified that a rotting paling in the fence had fallen out on the morning of the incident, having been dislodged,  and that the whole fence showed evidence of serious weakening.

However, despite the fact that the theme park attracts tens of thousands of visitors a year to the site in Leatherhead Road, HSE said that Chessington did not have either an adequate system of checking and inspecting the fencing or a maintenance process to ensure faults were identified and rectified.

The investigation revealed the fence palings, which were examined in detail, were found to have evidence of white and brown rot. Although covered with a brown stain, they had not been painted with a preservative. Their lack of resistance to the weather had been exacerbated by being positioned just where they were hit by rainwater from the roof. There was also evidence that numerous palings had been re-fixed over the years, demonstrating a recurrent problem.

HSE told the court that an adequate maintenance regime and reporting system would have captured details of regular repairs and identified problems and trends. But without these, management were unable to see any pattern developing and address it properly.

Chessington World of Adventures Operations Ltd., of Market Close, Poole, Dorset, was fined £150,000 and ordered to pay £21,614 in costs after pleading guilty to breaching the Health and Safety at Work etc Act 1974.

After the sentencing, investigating HSE inspector Karen Morris said:

“This was a disastrous and horrifying incident for the child and her parents. They had travelled from their home in Kent for a fun day out together at this well-known attraction only to find themselves hours later in an intensive care ward with their daughter.

“Quite simply, Chessington had insufficient measures in place to prevent or control the risk of falling from the raised walkway in the first place – and this was not just a couple of feet from the ground but nearly four metres.

“This incident shows the importance of implementing robust systems for checking and maintaining all aspects of rides, and this includes the walkways and fencing associated with queuing and where people gather.”

DHL in court after employee suffered life-changing injuries

Domestic freight operation firm DHL has been sentenced for safety failings after an HGV driver was run over by his own vehicle at a depot in Bedfordshire.

The 42-year-old, from Leeds, was connecting a trailer to his cab at DHL Express (UK) Ltd’s Dunstable depot at the start of his shift at around 2am on 4 September 2012, when the vehicle moved. He was run over after he tripped and fell while attempting to catch up with the cab to stop it hitting and injuring a pedestrian or nearby property.

The worker, who does not wish to be named, suffered life-changing injuries including five fractures to his pelvis. He was unable to walk for six months, can no longer drive as he cannot sit for any length of time, and has been diagnosed with post-traumatic stress disorder, for which he is still receiving treatment. He has been unable to work since.

The incident was investigated by the HSE, which prosecuted DHL Express (UK) Ltd at the Old Bailey.

The court heard that the driver reversed his cab unit up to the trailer to recouple them.  The driver parked on a sloping driveway off Boscombe Road in Dunstable and left the cab’s engine running.  He walked to the rear of the vehicle to connect the trailer to the cab. But it was when he released the trailer’s independent brakes that the weight of the trailer pushing on the cab caused the whole vehicle to move forward.

He ran down the length of the vehicle to the front but tripped and fell before reaching the driver’s door. The vehicle ran along the length of his right leg and stopped at his waist.

HSE’s investigation revealed that the company had failed to assess the risks associated with parking on uneven or sloping ground and, as a result, had not identified and implemented practicable controls or safeguards such as the use of wheel chocks and audible handbrake alarm.

DHL, registered at Great South West Road, Hounslow, was fined a total of £50,000 and ordered to pay costs of £15,698 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974.

After the case, HSE Inspector Emma Page said:

“This was a horrific and entirely preventable injury caused by the failure of the company to recognise all hazards arising from routine operations at their depot and their duty to protect the people working there.

“The risk of large goods vehicles moving when parked on sloping ground when the brakes of the trailer are disengaged is foreseeable and referred to in a number of HSE publications. There was therefore no excuse for such a big employer working routinely with vehicles to ignore this risk.”

JCB fined after worker crushed

JC Bamford Excavators Ltd has been fined after a worker was left with multiple injuries after being crushed during the assembly of a telescopic handler.

Roger Pearce, 56, of Newcastle-under-Lyme, was installing the vehicle’s offside light and mirror arm at the firm’s Lakeside works in Rocester, Staffordshire, when the incident happened on 3 June 2013.

Staffordshire Magistrates’ Court heard Mr Pearce had to crouch down so could not be seen by a colleague testing the steering, resulting in him being crushed between a wheel and the bodywork.

He fractured ten ribs; damaged the bones at the base of his spine, and injured his bladder and kidney. He was hospitalised for ten days and is still undergoing treatment. He has not been able to return to work.

A HSE investigation identified that, at the time of the incident, there was a designated area of the assembly track where hydraulic fluids were pumped into the machine and steering and other systems operated to force the fluids through the system.

HSE found the assembly sequence for the telescopic materials handler was changed, which led to the fitting of the front offside light and mirror arm being moved from a point when the hydraulics were not live, to a point when the hydraulics were live and functions such as steering were tested.

JC Bamford Excavators Ltd, of Lakeside Works, Denstone Road, Rocester pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and Regulation 3(1)(b) of the Management of Health and Safety at Work Regulations 1999 and was fined £25,000 and ordered to pay £1,390 in costs.

After the hearing, HSE inspector David Brassington said:

“This was a serious incident with Mr Pearce sustaining injuries from which he has yet to recover.

“It was also a preventable incident. JCB had allowed the introduction of a serious hazard and failed to assess the risk from this change. The controls that were in place were inadequate and Mr Pearce suffered serious harm as a result.

“Since the incident, the fitting of the light and mirror arm has been moved back to earlier in the assembly sequence when the hydraulics are not operational. Other changes have included barriers around the assembly area and the introduction of a banksman to control personnel working within it.

“The risks associated with the manufacturing processes involving large pieces of powered equipment should be assessed to ensure that there are effective controls and safe work procedures to protect those involved in this work.”

Paper company in court after worker crushed by reel of paper

A Hertfordshire-based company has been fined after a worker suffered multiple injuries when he was struck by a 3.2 tonne reel of paper at its premises in Essex.

The 45 year-old worker, from Peckham, was helping to load the reel onto a container at Aspenlink’s premises on the Childerditch Industrial Estate, Brentwood, on 25 September 2013.

Chelmsford Magistrates’ Court heard the man, who was in the container, was hit by the reel after it was released by a forklift truck, trapping him between the reel and the bulkhead of the container.

He sustained a double fracture to his pelvis, as well as internal injuries, remaining in hospital for almost a month. He has had to undergo a series of operations, and has only recently returned to work.

The incident was investigated by the HSE which found the company had failed to act on advice from its own safety consultants for three consecutive years from 2010. Aspenlink was advised of the need to carry out a proper risk assessment and introduce a safe system of work for loading paper reels.

Aspenlink Ltd, of Park Street, St Albans, was fined £ 13,500 and ordered to pay £1,200 in costs after pleading guilty to a breach of the Health and Safety at Work Act 1974.

After the hearing, HSE Inspector Keith Waller said:

“This was an entirely avoidable incident. The dangers associated with paper reels, in particular the risks associated with their loading and unloading, are well-known in the industry and entirely foreseeable.

“Aspenlink was first made aware of the numerous shortcomings in its management of health and safety by its own health and safety consultant in 2010 – some three years before the incident – but it failed to act on this advice.

“The company should have carried out proper assessment of the risks facing workers. Instead, it waited for an employee to be seriously injured before taking any action.”

Firm fined after worker suffers severe burns

A Highland manufacturing company has been fined for safety failings after a worker suffered severe burns to both arms as he tried to clear a blockage in an unguarded machine.

Miroslaw Grzybowski, 37, was working on a production line at SGL Carbon Fibers in Muir of Ord, when the incident happened on 13 February 2011.

Dingwall Sheriff Court heard that Mr Grzybowski was working on a production line to heat-treat carbon fibres where the material is pulled through a series of ovens operating at increasing temperatures. On the day of the incident he was heading for his break when he noticed that the carbon fibre material coming out of an oven had wrapped around a roller.

He and his deputy team leader went to the front of the oven, which was heated to 200C, and Mr Grzybowski climbed through the barrier and began to move the material that had caught using his left hand.

The deputy team leader, unaware that Mr Grzybowski still had his hand inside the machine, instructed another operator to open the nip roller, which narrowed the gap between two rollers trapping Mr Grzybowski’s left wrist.

He reached in with his right hand to withdraw his left and burned that wrist too. He was wearing company-provided gloves and safety jumper but was not wearing the Kevlar arm sleeves provided by SGL.

Mr Grzybowski was taken to hospital with severe burns to the back of both his wrists and a first degree burn to the inside of his right forearm. The following week he underwent surgery to have skin grafts on his wrists and spent a week in hospital before returning to work with the company.

An investigation by the HSE revealed that despite suitable guarding being installed on similar trapping points on other production lines, SGL had failed to identify the risk on the line Mr Grzybowski worked on.

The company also failed to identify the risk to employees of being in very close proximity to the machine during the recovery activity and there was a failure to ensure that the process was stopped or workers withdrawn from the area before continuing.

Additionally, SGL failed to ensure that the need to access dangerous moving parts, namely the rollers, was prevented or controlled or that the movement of those dangerous parts stopped before workers entered into the danger zone.

SGL Carbon Fibers Ltd, of Muir of Ord Industrial Estate, Great North Road, Muir of Ord, Easter Ross, was fined £10,000 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

Following the case, HSE inspector Mac Young, said:

“This incident was entirely foreseeable and therefore entirely preventable. Where an employee is able to gain access to dangerous moving parts, there is a risk of coming into contact with them. SGL Carbon Fibers Ltd should have identified the risk posed to workers on this particular production line and made sure it was adequately guarded as they had done on other lines.

“Suitable guarding coupled with adequate information, instruction and supervision would have played a large part in avoiding this incident. The injuries suffered by Mr Grzybowski were further compounded by the high temperature of the roller.”

Building company fined after employee struck by digger bucket

A building company has been fined for safety failings after an employee broke his back when he was struck by the bucket on a digger. 

RMC Building and Civil Engineering Ltd was prosecuted by the HSE following an investigation into the incident at the Longleat Estate in Warminster.

Swindon Magistrates’ Court heard that the company had been hired to install fencing around the estate in January 2014. Peter McGrellis, who was 48 and living in Westbury at the time, was one of three employees carrying out the work, which involved using a digger to push wooden fence posts into the ground. 
The posts were held by hand wh
ilst the operator of the digger rested the bucket on top of the post and applied downward pressure to it. 

On 16 January, Mr McGrellis was holding one of the posts ready for the digger to push it down. The top of the post split, causing the bucket to slip and hit Mr McGrellis on the shoulder, knocking him to the ground. 

He suffered significant injuries including a broken vertebra. Mr McGrellis was in hospital for over a week and he still suffers with pain. 

An HSE investigation found that the company failed to plan, manage and monitor the work. The method statement prepared by the company for the operation indicated a piece of equipment called a post driver was going to be used to drive the posts into the ground but that the digger may be used to position the posts. A post driver had been ordered along with a smaller digger but it arrived after the incident happened. 

The investigation also found that while a risk assessment had been produced, it made no reference to the risk of working close to the digger.  

RMC Building & Civil Engineering Ltd, of Perivale Business Park, Horsenden Lane, Greenford, London, was fined £1,500 and ordered to pay costs of £1,117 after pleading guilty to a single breach of the Provision and Use of Work Equipment Regulations 1998. 

Speaking after the hearing, HSE Inspector Ian Whittles said: “The use of excavator vehicles in such a manner is dangerous and is known to cause injury. The serious failure of RMC Building & Civil Engineering in not managing this job properly led to this avoidable incident and unfortunately Mr McGrellis suffered as a result. 

“Workers have a right to expect that the equipment they use is appropriate for the task – on this occasion the equipment used was clearly not suitable for the job. 

“Anyone in control of construction projects must ensure the work is properly planned and thoroughly risk-assessed to avoid such incidents.” 

Roofing firm in court after teenager breaks back in fall

A building firm has been fined £10,000 after a 17-year-old mental health patient broke her back and pelvis when she fell over six metres from the roof of the Royal Preston Hospital in Fullwood.

W Hughes and Son Ltd was prosecuted by the HSE after an investigation found the company had failed to prevent access to the scaffolding on the site.

Preston Magistrates’ Court heard that the firm had been hired to replace the flat roof on a single-storey section of the hospital. It used scaffolding to reach the roof but failed to properly fence off the steps leading up the scaffolding tower.

The 17-year-old, who was staying in the hospital’s Mental Health Unit, was able to climb the scaffolding on 17 October 2013. She fell from the roof in the gap between two buildings and the emergency services had to remove a hospital window to free her. She was in hospital for several weeks as a result of her injuries.

W Hughes and Son Ltd, of Collinson Street in Preston, was fined £10,000 and ordered to pay £516 in prosecution costs after pleading guilty to a breach of the Construction (Design and Management) Regulations 2007.

Speaking after the hearing, HSE Inspector Chris Smith said:

“A vulnerable teenager was badly injured because W Hughes and Son Ltd failed to make sure its scaffolding was properly fenced off.

“Construction firms have a legal duty to make sure construction sites are secure and clearly signed but that didn’t happen in this case.

“It’s vital that companies think carefully about how they plan projects in public places, such as hospitals, so that members of the public are not put at risk.”


HSE Myth Buster -

Disposal of dead batteries in a supermarket recycling container

Issue

Enquirer was in a supermarket attempting to dispose of dead batteries in a sealed plastic box that was normally located on Customer Services. After enquiring where it now was, they were told that because of health and safety they have to keep it in a cupboard.

Panel opinion

There are some hazards associated with recycling and storing used batteries. These include contact with acid, which often leaks from old batteries, and a small risk of fire. Supermarkets and others who offer a recycling service have a responsibility to supervise the use of the recycling container to manage and control the associated risks. In this case they have chosen to do that by asking for batteries to be handed over to be placed in the container, but there are other ways of effectively managing the risk. This supermarket’s approach is a policy decision to manage the risks not a prescribed health and safety requirement.

HSE Myth Busters

Smoking not allowed for outdoor Christmas lights switch on

Issue

The enquirer went to a Christmas lights switch on in her city centre and was told that she could not smoke by a security officer because of health and safety. The area where she was standing is an unenclosed outdoor area with a temporary close-lapped decked floor surface situated within the main square.

Panel opinion

There are no specific work-related health and safety risks from smoking in an outdoor public area.

Health and Safety at Work regulations do not apply to this situation. The Council does have a no smoking policy which applies in this area for summer events but not during the winter. The contracted employee was mistakenly quoting policy which applies at other times of year and was giving the wrong explanation for the ban.

Chippy would not allow customer to put salt and vinegar on their fish and chips

Issue

Enquirer asked to put their own salt and vinegar on their take-away fish and chips (to get the amount right) but was told that customers could not put their own salt and vinegar on meals due to "Health and Safety". Inquiring further they were told that they could not be sure where customers' hands had been.

Panel opinion

Food safety concerns lie behind this decision not to let customers use salt and vinegar shakers which the chippy uses. The problem could be easily solved by the provision of separate shakers for customers to use or by providing salt and vinegar in sachets

Hot drinks not allowed in a health centre

Issue

A local health centre has a flashing notice saying that the Practice Manager does not allow hot drinks in the surgery because of health & safety regulations.

Panel opinion

The practice manager’s decision to ban hot drinks from the waiting room seems a sensible way to avoid scalding accidents in a busy area and to avoid spills and mess in an environment which needs to be kept clean and tidy. It would be much better if this was properly explained though rather than just resorting to "for health and safety reasons".

Babes in arms not allowed at nativity play

Issue

A primary school stated that parents could not bring young babies to sit on their laps at the nativity play for 'health & safety' reasons. 

Panel opinion

Health and safety does not stop babies attending the school nativity play. It is far more likely the school has made this ruling to prevent them disturbing the performance and performers. If this school were clear about the reasons for their rule, it might help them find some room at the inn for their younger visitors too.

Dangerous scaffold costs firm owner

The owner of a small construction firm in Portsmouth has been fined after he erected a series of scaffolds in and around the town over several months in late 2013 that were riddled with dangerous faults.

Graham Pedaltey, trading as Graham’s Scaffolds, put workers lives at risk by putting up scaffolds several metres high for them to work on but with potentially lethal defects that could have seen builders fall from unguarded platforms or through rotting wooden planks.

The Health and Safety Executive (HSE) prosecuted Mr Pedalty at Portsmouth Magistrates’ Court for safety breaches after investigating a particularly hazardous scaffold that he was responsible for in North End Avenue last year. HSE attended as a result of a complaint made by a member of the public.

The court heard that the scaffold, erected on 18 October, had numerous faults:

• It was not tied to the building so was insecure and more liable to collapse
• It lacked baseplates on many uprights, meaning that the scaffold could have sunk into the ground or ‘punched through’ any drains or cavities it was erected on
• There were few, if any, guardrails on the lifts – or working platforms – to prevent falls from height
• There was no bracing on the middle scaffold on the middle working platform giving rise to serious stability issues
• Many of the boards were rotten and damaged and could have broken under workers’ feet, sending them falling to the ground below.

Despite remedial work requested by HSE being carried out on the scaffold by Mr Pedaltey, there were still defects.

The court was told that Mr Pedaltey had received previous advice from HSE on poor scaffolding twice during the previous month of September 2013.

Graham Pedaltey, trading as Graham’s Scaffolds, of Queens Road, Portsmouth, was fined a total of £1,600 and ordered to pay £600 in costs after admitting breaching the Health and Safety at Work etc Act 1974 and the Work at Height Regulations.

After the hearing, HSE inspector Peter Snelgrove said:

“Mr Pedaltey not only erected numerous unsafe scaffolds, but also relied on his knowledge from training delivered in 1979 – more than 30 years earlier. He has now been prohibited from erecting scaffolds until he has completed further training to acquaint himself with up-to-date safety legislation and scaffolding standards.

“His failings created a risk of death or serious personal injury. Scaffolds are temporary structures and their integrity and safety must be ensured to, in turn, safeguard the workers and passers-by.”

Construction firm in court for health and safety breach

An Essex construction firm has been fined for failing to provide adequate sanitation facilities for its workers.

An inspector from the HSE visited the company’s site at Camper Road in Southend on 26 March 2014 and issued an Improvement Notice after finding sub-standard facilities for workers on site.

Dantel Construction Ltd was prosecuted at Southend Magistrates’ court today (7 Jan) after it failed to respond to HSE’s enforcement action by improving the welfare facilities for workers. Two months after the date of compliance of the Improvement Notice, they still hadn’t brought standards up to an acceptable level.

Dantel Construction Limited, of Wantz Road, Dagenham, was fined £ 2,000 and ordered to pay £1,940 in costs after pleading guilty to a breach of Section 33(1)(g) of the Health and Safety at Work act.

Health and Safety Inspector Adam Hills said:

“Construction workers have the right to sanitary and welfare facilities including having an adequate supply of hot and cold running water. There is really no excuse to subject workers to pre-Victorian conditions. Sadly, however, these basic requirements are too often neglected.

“A cold water tap and toilet on their own are not adequate. Decent facilities will positively benefit health and well-being and help prevent ailments and infection.”

Manufacturing firm fined over worker’s death

A West Yorkshire company has been sentenced after a worker died when he was crushed beneath a one tonne silo of varnish that slid from the tines of a forklift truck and toppled onto him.

Wayne Potts, 39, of Dalefield Avenue, Normanton, died from his injuries hours after the incident on 25 March 2011 at Gardiner Colours Ltd’s factory in Ripley Drive nearby.

The HSE prosecuted the company, which makes inks, varnishes and coatings, after an investigation highlighted several safety failings, crucially the failure by Gardiner’s to spot risks to its workforce.

Leeds Crown Court was told that a customer of the company had returned part of an order as it couldn’t decant varnish from a silo and had asked for the liquid be re-sent in 10kg plastic containers.

Because of difficulties in changing the order, workers were tasked with decanting the varnish directly from the silo into the containers via a tap at the base of the silo, which had been raised on the tines of the forklift.

As Mr Potts worked on the decanting, the silo slid down the tines and fell directly onto him. He died in hospital later the same night.

HSE found a combination of the creeping heavy load, the downward tilt of the forks, and the valve being used frequently from below, had caused the silo to fall.

HSE said Gardiner Colours had failed to assess the risks to workers of the decanting operation. As a result, employees were operating without a system of work in place to help them do the job in safety.

The court also heard it had been dangerous for the forklift to be used to balance heavy loads for extended periods – a job it was not designed for.

HSE said the failures by Gardiner Colours Ltd to provide a safe working environment had exposed employees to serious risk and led to Mr Potts’ death.
There was evidence that this was not the only incident at Gardiner Colours that had involved a load falling from the tines of a forklift truck; this near-miss ought to have alerted the company to the risk of a silo falling.

The company, of Ripley Drive, Normanton, near Wakefield, was fined £66,000 and ordered to pay £50,000 in costs after admitting breaching the Health and Safety at Work etc Act 1974.

After the hearing, the investigating HSE inspector Phil Burgess said:

“A system that involves a person standing in the immediate vicinity of a suspended load on a forklift truck, which had no driver, is inherently unsafe. The forklift is not capable of holding elevated loads for long periods yet it was a system that had been allowed to develop over time, despite there being readily-available, safe alternatives.

“Every worker should quite rightly expect that they will return home safely from work every day. Sadly this did not happen for Wayne Potts that day but there is no doubt that his death was avoidable had Gardiner Colours effectively managed the health, safety and welfare of its employees and learned lessons from previous incidents and near-misses.”

Worktop firm in court after man loses finger in unguarded machine

A worktop manufacturer has been fined after an employee had to have two fingers amputated when they came into contact with an unguarded cutting blade.

The 28-year-old can no longer play the guitar , use a keyboard or tie his shoelaces as a result of the incident at Worktop Fabrications Ltd on 25 June 2012. He was unable to work for seven months and may require further surgery.

He was operating an edge banding machine when his hand came into contact with a blade that is used to create the finished edges on worktops.
Nottingham Magistrates’ Court heard today that he had been working for the company for 13 weeks as an agency employee but had been made permanent on the day of the incident.

An investigation by the HSE investigation found the machine had three sections, each enclosed by an interlocked hood. The hoods should have been lowered , forming an effective guard, but, according to the company, the interlocks were disconnected and replaced with locks and keys in 2008 or 2009. The keys were left in the hoods, meaning the machine was able to run with the hood guards open.

Worktop Fabrications Ltd, of Wingate Close, Nottingham, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was today (9 Jan) fined £20,000 and ordered to pay costs of £4,574.

After the hearing HSE inspector Judith McNulty-Green said:

“This man’s painful and life-changing injuries were borne out of a catalogue of failings on the part of Worktop Fabrications Ltd.

“In 2010, a year or so after the company thinks the interlock was removed, it undertook a risk assessment of the machine to identify whether the health and safety risks associated with its operation were being properly managed. That assessment failed to identify the machine was unguarded, so no steps were taken to correct the problem.

“The risks associated with cutting machinery are well known in the industry, and so are the measures that should be taken to minimise or remove those risks.”

Sheffield firm owner in court for repeat safety breach

A Sheffield businessman has been fined after he failed to heed warnings from safety experts to properly guard dangerous machinery.

Peter Herring, who trades as A W Parish in Princess Street, was prosecuted by the HSE after an inspector carried out a routine visit to the company on 11 September 2013.

Sheffield Magistrates heard that the inspector noted during the visit that a radial arm drill was unguarded. A telescopic guard was available for the machine but could not be fitted as it was damaged.

HSE served a Prohibition Notice on Mr Herring to prevent use of the drill until it was properly guarded. The court was told that Mr Herring had been served with a similar enforcement notice by HSE in 2003 and a further letter needed to be sent in 2009 when the same radial arm drill was found unguarded.

HSE prosecuted the company, which makes fire escapes, balustrades and other metalwork, for failing to ensure that effective guarding was in place to prevent operators from getting too close to the rotating parts of the machine.

Peter Herring, trading as A W Parish, of The Level Works, Princess Street, Sheffield, was fined £500 and ordered to pay £585 in costs after pleading guilty to breaching the Provision and Use of Work Equipment Regulations.
After the case, HSE inspector Andrew Gale said:

“Fortunately, no one at the factory was injured but this was down to chance rather than any good management. Any one of Mr Herring’s employees could have been seriously injured as a result of operating an unguarded radial arm drill

“The risks associated with these particular drills have been well-known for decades. Mr Herring would have been well aware of those risks but he still chose to ignore them.

“While he had complied with the prohibition notices within the specified timeframe, he neglected safety again and again, and disregarded any lesson he should have learned from previous enforcement action on the exact same machine.

“Employers of whatever size must ensure that effective measures are taken to prevent access to dangerous moving parts of machinery.”

Waste company fined over worker’s life-changing injuries

A nationwide waste management company has been told to pay nearly £170,000 for safety failings after an employee suffered multiple injuries when he was crushed between a truck and a skip at a site in Essex.

The 29-year-old worker from Canvey Island, was caught between the skip loader truck and the skip he was preparing for pick-up at the-then May Gurney household waste recycling centre in Canvey Island on 26 January 2013.
The skip loader was manoeuvring into position for the pick-up but struck the worker as it was being driven through a narrow route between the full skip and a fence.

The operative, who does not wish to be named, suffered life-threatening injuries including having all his ribs broken; back and shoulder injuries; injuries to the top of his left leg; a chip to the back of his skull and a number of cuts and bruises.

He was taken to the Royal London hospital where he suffered two collapsed lungs and was put into an induced coma for three days. He was in hospital for a total of 17 days and needed considerable physiotherapy after he regained consciousness, after which he spent eight weeks at his parents for further monitoring and care.

He has since been diagnosed with post-traumatic stress disorder by his GP and has not been able to return to work. The incident has also had profound effects on his family, partner and children.

The HSE prosecuted Kier MG Ltd at Chelmsford Crown Court after an investigation found that the company didn’t have sufficient procedures in place to keep workers safely away from vehicles moving around the site.

The court was told that the company, which acquired May Gurney in July 2013, had put in place strict measures to segregate visitors from moving vehicles but had not extended them to ensure the safety of its workers.

Kier MG Ltd, of Tempsford Hall, Sandy, Bedfordshire, was fined a total of £160,000 and ordered to pay costs of £9,809 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc. 1974 Act and a breach of Regulation 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992.

After the case, HSE Inspector Edward Crick, said:

“This was an entirely preventable incident caused by Kier MG Ltd’s failure to recognise the hazards to workers arising from skip loading operations at their Canvey Island recycling centre, despite tackling the hazards to members of the public.

“The consequences of this were devastating for a young man, who will now have to cope with life-changing injuries for the rest of his life.

“The risks to pedestrians when they are near operating work vehicles are very serious, but also well-known within industry. There is no excuse, therefore, for companies to disregard vital elements of workplace safety.”

Unregistered gas work leads to fine for fitter

An unregistered gas fitter has been fined for illegal gas work that potentially endangered lives at a home in Staffordshire.

Self-employed trader Andrew Houghton, 47, of Morden, Surrey, installed a boiler at a home in Alrewas near Burton-on-Trent, between 15 and 21 August 2013 without being Gas Safe registered – as the law requires.

Stafford Magistrates’ Court heard that a subsequent inspection of the boiler by Gas Safe experts found a number of faults with the installation, including inadequate flues, an absence of a thermostat and a wrongly positioned condenser drain, and classified the boiler as ‘immediately dangerous’.

His illegal handiwork was investigated by the HSE, which found that Mr Houghton was not a registered Gas Safe engineer and therefore should not have carried out any work on gas fittings.

Gas Safe Register maintains the register of businesses and sole operatives who are competent to undertake gas work in Great Britain. Mr Houghton should have been assessed by and registered with Gas Safe Register for the work that he did at this property.

Andrew Dennis Houghton, of Bolton Drive, Morden, pleaded guilty to breaching regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998. He was fined £2,800 and ordered to pay costs of £868.

Speaking after the hearing, HSE inspector Wayne Owen said:

“Andrew Houghton potentially put lives and property in danger by flouting the laws that are designed to protect people from substandard and faulty gas work carried out by unregistered fitters.

“It is fortunate his illegal work did not result in injury or death. Anybody who carries out work on gas pipes or appliances without being on the Gas Safe Register is breaking the law. All gas engineers should be Gas Safe registered and qualified to perform gas work.”

On average, each year around 10 people die from carbon monoxide poisoning caused by gas appliances and flues that have not been properly installed, maintained or that are poorly ventilated. Many more people suffer serious health effects from breathing in carbon monoxide, including paralysis and brain damage. Fire and explosion is also a major risk.

Court for chocolate maker over worker’s injury

A Leeds-based chocolate and fudge manufacturer has been fined after an employee lost a thumb while cleaning an unguarded stirring machine.

Maria Pirie, 46, from Sherburn-in-Elmet, was cleaning the chocolate hopper at the end of a trial product run at Pecan Candy Deluxe (Europe) Ltd’s site in the Moor Lane Trading Estate when the incident happened.

Ms Pirie, who was not fully trained and was cleaning the machine by herself for the first time, moved the stirrer using the control buttons. Her left thumb was sliced off as the stirrer moved, trapping it between the side of the vessel and the stirrer.

The HSE investigated and prosecuted Pecan Candy Deluxe for failing to properly guard the machine’s dangerous moving parts.

Leeds Magistrates heard the incident, on 25 January 2013, could have been prevented by a simple interlocked guard, which the company had fitted quickly afterwards.

Ms Pirie’s thumb was surgically re-attached but will never function as before. Being left-handed she has had to relearn how to write and has difficulties with everyday tasks.

The court was told the company had been served with an Improvement Notice by HSE in January 2012 regarding the guarding of mixers following a proactive visit by an inspector.

Pecan Candy Deluxe (Europe) Ltd, of Moor Lane Trading Estate, Sherburn-in-Elmet, was fined £7,000 and ordered to pay £627 in costs after admitting a breach of the Health and Safety at Work etc Act 1974.

After the incident, HSE inspector Rachel Brittain said:

“This incident need not, and should not, have happened. The company could easily have prevented access to the dangerous parts of the chocolate hopper by making sure it was effectively guarded. It did not and Ms Pirie has suffered a painful and lasting injury as a result.

“Preventing workers from getting too close to moving parts of machinery is vital. Pecan Deluxe Candy had subject to an enforcement notice on guarding before this incident but obviously didn’t sustain the improvements required.
“Too many are injured, limbs are lost and even fatalities can and do happen because employers fail to guard machinery adequately. Employees must also be well trained and supervised.”

In the food and drink industries, machinery and plant cause more than 30% of fatal injuries and more than 10% of major injuries each year.

Directors fined after young worker crushed by dumper

A 20-year-old man died on his first day at work for a new company when the four-tonne dumper he was driving toppled over a bank and crushed him.

Daniel Whiston, from Dulverton, was allowed to drive the dumper, which had a number of serious defects, before it overturned down the embankment at Sweetings Farm, near Tiverton, on 27 October 2009.

The HSE investigated the incident, and prosecuted Mr Whiston’s employers, company directors William Friend and Robert Plume, at Exeter Crown Court.

The court heard that Plume and Friend’s company, Wedgewood Buildings Ltd, had been contracted to expand a pond on the farm, which involved excavating and moving spoil around the site.

Mr Whiston received about 30 minutes’ training from a more experienced colleague, who was also operating an excavator and filling the dumper, before he started his first day’s work. During the afternoon, the excavator operator, who was the only other worker on site saw the fully-loaded dumper driven by Mr Whiston topple off the side of the causeway and down the 60 degree slope, turning over and crushing him underneath.

HSE’s investigation found a number of serious failings on the site:

•  The excavator driver was not trained to teach Mr Whiston how to use the dumper and was not competent to supervise him.
•  The dumper had a number of serious defects, including steering failure, defective and inoperative front braking and a non-functioning handbrake with worn-out parts.
• No suitable or sufficient risk assessments had been carried out for the work and no safe system of work was used.
• The causeway used by the dumper was too narrow for a front-tipping dumper to be positioned and safely tip the load down the embankment.

Robert Plume, of East Street, South Molton, and William Friend, of Hannaford, Swimbridge, near Barnstaple, each pleaded guilty to a breach of Health and Safety legislation. Each was given a 12 month custodial sentence, suspended for two years, and 180 hours of community service, to be completed within a year. They were also ordered to pay costs of £25,000 each.

HSE Inspector Jonathan Harris, speaking after the hearing, said:

“The very serious failures to manage this job properly contributed to the tragic and needless loss of a young man’s life.

“Workers have a right to expect that the equipment they use is appropriate for the task, properly maintained and in a safe condition.

“Mr Whiston was not given suitable basic or advanced training under the industry’s Construction Plant Competence Scheme and was, instead, given a short briefing by a worker who himself had no formal qualifications for driving the dumper.

“Anyone in control of construction projects must ensure the work is properly planned and risk assessed to avoid similar tragedies in the future. Knowing what needs to be done is not the same as knowing how it should be done safely.”

Firms fined for asbestos failings

Two Northamptonshire firms have been fined after a routine safety inspection revealed serious asbestos-related failings.

Northampton Magistrates’ Court heard that Lifting Systems Ltd had contracted Durasteel Services Ltd to refurbish an asbestos cement roof at its Crown Works in Far Cotton.

When inspectors from the HSE visited the site on 22 October 2013 to check the work they found asbestos insulation board had been removed and stored on the premises, and that debris had been placed in waste skips around the site. 

A Prohibition Notice was served to immediately stop any further work.
A subsequent investigation found that although Lifting Systems Ltd was the client, the company had undertaken a lot of the refurbishment work, including the removal of the majority of old asbestos cement roofing panels.  It did not have an up to date asbestos register and did not carry out a demolition and refurbishment survey, which would have highlighted areas of asbestos to be considered during the refurbishment.

Durasteel Services Ltd failed to carry out an assessment to identify the potential for asbestos to be disturbed and put effective control measures in place.
The court was told that neither company had a licence to remove asbestos.
Lifting Systems Ltd, of Crown Works, Main Road, Far Cotton, Northampton, was fined a total of £14,000 and ordered to pay £523 in costs after pleading guilty to three breaches of the Control of Asbestos Regulations 2012.

Durasteel Services Ltd, of Kingsfield Way, Kingsfield Heath Industrial Estate, Northampton, was fined £10,000 and ordered to pay costs of £523 after admitting one breach of the same regulations.

Speaking after the hearing, HSE inspector Sam Russell said:

“This case highlights the importance of businesses having strong policies to enable identification of asbestos as part of their normal working practices.   The refurbishment work started three months before HSE visited the site, so the risks from asbestos had not been controlled for some time.

“Lifting Systems Ltd made little effort to survey or identify asbestos in the premises before starting work, so failed to identify the presence of asbestos insulation board lining panels underneath the asbestos roofing sheets. The panels were broken up and placed in skips, putting construction workers and other employees at risk of exposure to carcinogenic asbestos fibres. An asbestos survey had been carried out by the previous owners of the premises and highlighted the asbestos which was removed.  However, the premises had been derelict for a period of time and the infrastructure had been damaged and vandalised meaning the old survey was not current and fit for purpose and a new one was required.

“Durasteel Services Ltd was complicit in the removal of asbestos insulation board during the refurbishment. The company should have conducted an assessment to see if any work it undertook would have the potential to disturb asbestos materials and taken appropriate action to introduce control measures.”

Recycling company in court after worker fell from conveyor belt

A Lincolnshire metal recycling firm has been prosecuted for safety breaches after a worker was left with broken ribs when he fell from a sloping conveyor belt.

The worker, 49, from Deeping St Nicholas in Lincolnshire, suffered multiple rib fractures following the incident at BW Riddle in Bourne on 7 February, 2013.
Lincoln Crown Court heard that the worker was carrying out maintenance on the conveyor belt, leaning over the top end while working on the bearings. When the main power was switched on again, the whole line, including the belt, reactivated.

The man fell from the belt onto a heap of scrap metal below, and then onto the concrete floor, breaking ribs on both sides of his body.

An investigation by the HSE found the conveyor belt had not been isolated.

The court was told HSE had taken previous enforcement action against the company. In August 2010 it was found there were no formal procedures for isolating the conveyors during maintenance. An Improvement Notice was issued and complied with.

Further enforcement action was taken in 2010 relating to failing to prevent access to dangerous parts of machinery, and again in 2011.

BW Riddle, which has been established 50 years and has sites in Boston, Corby and Peterborough, was fined £70,000 and ordered to pay £18,000 in costs for breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company, of South Fen Road, Bourne, had pleaded guilty at a previous hearing.
After the hearing, HSE inspector Neil Ward said:

“The incident could easily have resulted in a death and only luck saved this worker from more serious injury.

“Had the company put in place the correct, formal procedures for locking off and isolating the conveyor belts, this incident could have been prevented entirely.
“However, it is clear that while BW Riddle had complied with previous enforcement action, the firm neglected safety again and again, and disregarded lessons that should have been learned from previous HSE interventions.”

Jaguar Land Rover prosecuted over worker’s ‘horrific’ injuries

Jaguar Land Rover Ltd has been fined for safety breaches after an employee suffered life-threatening crush injuries when he was dragged into inadequately guarded machinery.

The 57-year-old maintenance electrician from Northfield, Birmingham, who has asked not to be named, punctured both lungs and broke ten ribs, his breastbone, two bones in his spine and two in his right hand. He had blood clots on his heart and kidneys and was in an induced coma in intensive care for 12 days. He was in hospital for a further seven days but was back at work within 17 weeks.

 

The incident happened in the paint shop at the company’s Lode Lane site in Solihull on 14 June 2013.

 

Birmingham Crown Court was told a HSE investigation found that following the latest in a series of frequent production line stoppages the employee approached a gap in the perimeter guarding that surrounded the vehicle body lifting equipment so he could witness the troublesome process in operation.

 

As he watched he was hit by an empty vehicle body carrier on a circulatory chain conveyor that was travelling through the gap. He was knocked to the ground and forcibly dragged through the gap into a restricted processing area where he was severely crushed.

 

The gap remained unguarded following the incident until HSE enforcement required that further protective measures be provided. The area of conveyor was enclosed with fixed perimeter guards by Jaguar Land Rover and a robust key exchange access system introduced. 

Jaguar Land Rover Ltd, of Abbey Road, Whitley, Coventry, was fined £40,000 with £13,474 costs after pleading guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations

Passing sentence, His Honour Judge Carr said Jaguar Land Rover “fell far short of a safe and reasonable standard”, adding:

 

“This was an entirely reasonable, foreseeable situation. The breach was an ongoing failure and an accident waiting to happen.”

 

Speaking after the hearing, HSE inspector John Glynn said:

 

“The incident was entirely preventable. Although the gap was minimally sized to allow empty carriers into the restricted area, it also allowed access to dangerous moving parts within the production process while in itself creating a crush hazard with the moving conveyor.

 

“Jaguar Land Rover has extensive safety systems in place and the Lode Lane plant had other facilities with similar processes that are guarded much more effectively. The company should have ensured the same level of protection at this location. It didn’t and as a result a man suffered horrific injuries. It is remarkable that he recovered enough to return to work within 17 weeks. The incident could very easily have ended his life.”