Thursday 22 January 2015

£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.

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