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.
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.”
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.”
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.”
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.”
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.”
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.”
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