Monday 23 February 2015

HSE Myth Busters

Café refused to serve customer in outside dining area

Issue

A waitress refused to serve the enquirer who was sitting in the outside area of the café because it was raining. The enquirer wrote and complained to customer services who advised that she was not served because on the day of her visit, the outside dining area of the restaurant was not open and the team were not able to allow customers to sit and dine in that area. They stated that for health and safety reasons, each section of the restaurant must be looked after and served by an allocated waiter or waitress. Staffing numbers did not allow for the outdoor area to be open.

Panel opinion

This is a very clear cut example of very poor customer service disguised with the all too easy "health and safety" excuse. If restaurants want to close off seating areas they should put up clear signs to this effect not use lame excuses when someone sits there and they are unwilling to serve them.

Hotel chain could not provide a lower mattress for a disabled customer

Issue

Enquirer is disabled and in a wheelchair. She had requested and been provided with a lower mattress in the same hotel (which is part of a hotel group) twice before, however, on a third occasion the hotel advised that they could not provide one as "this is not in line with our health and safety legislation, nor our insurance cover".

Panel opinion

There are no provisions of health and safety legislation that would prevent the hotel agreeing to a guest’s reasonable request for a lower mattress. The response from the hotel chain simply does not stack up, given that it had been able to provide lower mattresses on previous occasions, had prior notice of the request on this occasion and had confirmed that the request would be met. This is a clear case of poor customer service and poor communication and disregard for the needs of a disabled customer.


Violence at work

The number and incidence rate of violent incidents at work has declined over the last decade.

Findings from the 2013/14 Crime Survey for England and Wales (CSEW) show that:
  • the risk of being a victim of actual or threatened violence at work is similar to the last five years with an estimated 1.1% of working adults the victims of one or more violent incidents at work (CSEW)
  • in 2013/14, the survey estimated 257 000 adults of working age in employment experienced work related violence including threats and physical assault
  • there were an estimated 583 000 incidents of violence at work according to the 2013/14 CSEW, comprising 269 000 assaults and 314 000 threats. This was lower than the estimated 656 000 incidents in the 2012/13 survey but this change is not statistically significant.
  • the 2013/14 CSEW estimated that 1.0% of women and 1.2% of men were victims of violence at work once or more during the year prior to their interview
  • it is estimated that 56% of victims reported one incident of work related violence whilst 17% experienced two incidents of work related violence and 27% experienced three or more incidents
  • strangers were the offenders in 56% of the reported incidents of workplace violence. Among the 44% of incidents where the offender was known, the offenders were most likely to be clients or a member of the public known through work.
  • the survey found 72 % per cent of violence at work resulted in no physical injury. Of the remaining 28 % of cases, minor bruising or a black eye accounted for the majority of the injuries recorded.
  • in 2013/14 there were 4 936 RIDDOR reports of injuries to employees involving acts of violence in Great Britain (one fatality, 866 major or specified injuries, and 4 069 over-7-day injuries). More information on over 7-day injuries is available.

Worker’s death uncovers serious safety failures

An investigation into the death of a worker installing guttering at a home in Llandudno found he was using an unsafe ladder, a court heard today.
Gethin Kirwan, 35, who lived in Hoole, Chester, was working at a property in Llanrhos Road on 4 April 2013 when he fell from the ladder, sustaining a fatal head injury.

Thomas Price, who runs a roofline products’ business, employed Mr Kirwan to carry out the work and was prosecuted by the Health and Safety Executive (HSE) at Wrexham Magistrates’ court.

HSE’s investigation found that the ladder provided by Mr Price was in an extremely poor state. Although HSE accepted the ladder was not responsible for Mr Kirwan’s fall, it did have a number of serious safety defects which had the potential to cause serious incidents. Two other ladders provided for use on the job had similar critical defects.

HSE found the feet of the ladder were worn through, rungs were bent and one was missing. The defects were obvious through even a cursory inspection and made the ladder unfit for use.

Thomas Price, of Marnel Drive, Pentre, Deeside pleaded guilty to breaching Regulation 5(1) of the Provision and Use of Work Equipment Regulations and was fined £4000 and ordered to pay £4000 in costs.

The court also granted a Forfeiture & Destruction Order for the ladders.
HSE Inspector Chris Wilcox, speaking after the hearing, said:

“Although Mr Kirwan’s death was not attributable to the ladder it was in an appalling state and should never have been used.

“All work equipment must be maintained in a safe condition for use and checked regularly for any damage. For ladders, a quick and simple visual check should be done to look for any obvious defects.

“The most common and critical issues are worn or missing feet and damage to the rungs and stiles which are very easy to spot.”

Firm in court after man died in roof fall

An business has been fined for serious safety failings after a man died when he fell more than five metres through a fragile roof.
Latvian national Nikolajs Naumovs, 57, had arrived in Scotland only two weeks before his fatal fall. He had been working on a roof at premises in College Bounds, Fraserburgh, owned by local butchery company Bruce of the Broch 1886 Ltd.

Peterhead Sheriff Court was told that on 21 August 2009 Mr Naumovs was working with his nephew to remove asbestos cement sheets from the roof of a building. They had reached the roof using a telehandler, and, while the basket was on the ground being unloaded, the two were sitting near the apex of the roof. Suddenly and without warning, the roof collapsed beneath them.

His nephew managed to grab something and was left hanging from a wall but Mr Naumovs fell five and a half metres to the concrete floor below and died at the scene from head injuries.

The court heard that Mr Naumovs and his son Juris had arrived in Scotland in early August to work and were staying with his other son, Vjaceslavs, and nephew Nikolajs Cernovs.

Both Vjaceslavs and Nikolajs were employed by the company which, although it was primarily a family butchers, was converting premises in College Bounds into residential property.

An investigation by the HSE found that the evening before the incident the company’s managing director had visited the property to plan the next day’s work with the pair. Neither of the men had a thorough grasp of the English language. They formed the impression that they were to start removing the roof the following morning in his absence.

The two men appear to have further formed the impression that they could bring in additional workers to undertake this task, if required, who would be paid by the company for any work they did. Consequently they asked Nikolajs and Juris Naumovs to help dismantle the roof the next day.

The investigation concluded that the circumstances leading up to the fatal incident showed poor communication, a lack of instruction and supervision, the use of equipment which was not suitable for the task, and the work being carried out in a manifestly unsafe manner.

Although the men should never have been on the roof itself at all, as the telehandler being used was not suitable for this work activity, the company would have been able to intervene to stop the roofing work had there been more effective and regular supervision.

Bruce of the Broch 1886 Ltd, of Broad Street, Fraserburgh, Aberdeenshire, was fined £80,000, reduced to £60,000 after pleading guilty to breaching Section 3 of the Health and Safety at Work etc Act 1974.

Following the case, HSE principal inspector Niall Miller said:

“This tragic incident could have been avoided had the work been planned properly and carried out with the correct equipment.

“This type of work should ideally be undertaken without the need to directly access the roof, for example by using a Mobile Elevated Working Platform, or, if that is not possible, with safety measures to minimise the risk of falling such as crawling boards, fall arrest harnesses or netting.

“In addition, an employer needs to arrange suitable training and instruction to ensure that persons working there clearly understand not only what they are expected to do but also how they are expected to do it in order to ensure a safe system of work will be followed.

“In this case the difficulties arising from the language barrier resulted in fatal consequences.”

The risks associated with work at height, and fragile roofs in particular, are very well known, and HSE has produced substantial amounts of free advice to assist duty holders to comply with the relevant legislative and regulatory requirements.

Falls from height continue to be the most common cause of fatality to workers. In the year 2013/2014 they accounted for 29% of deaths reported to HSE, meaning that 19 workers lost their lives after a fall that year.

Dangerous demolition put workers in danger

A demolition firm in Windsor has appeared in court after being caught on camera risking the lives of workers on the roof of a disused pub.
A concerned member of the public contacted the HSE with photographs showing workers removing tiles from the roof with no precautions in place to prevent them falling up to six metres to the ground below.

An HSE inspector visited the site in Windsor on 7 January 2014, the same day as seeing the photographs, and served an immediate enforcement notice on AG Edwards & Son Demolition Ltd after viewing the dangers first hand. The notice prohibited any further work at height until adequate safety measures were in place to protect the two workmen on site.

Reading Magistrates’ Court was told that AG Edwards & Son had clearly put the two men in danger by failing to plan the removal of the tiles to recognised standards. It also failed to manage or monitor the roof work, leading to the workers being exposed to a totally unnecessary risk of falling.

AG Edwards & Son Demolition Ltd, of Oxford Road, Windsor, Berks, was fined £1,000 and ordered to pay £1,053 in costs after admitting a breach of the Work at Height Regulations.

Following the hearing, HSE inspector Dominic Goacher said:

“AG Edwards & Son put the lives at risk of two workers by carrying out this demolition job in a totally unsafe manner. Anyone falling from the roof of that disused pub would likely be killed and that type of disregard for safety is totally unacceptable.

“The company failed to follow basic safety precautions and heed the freely available guidance available. Had the work been planned correctly, suitable protection such as a scaffold, a fully-guarded platform and edge protection would have been in place.”

Roofing firm in court after worker’s fall

A Leicestershire roofing company has been fined after a worker fell more than three metres through a fragile roof light.
The 59-year-old employee of Stormseal Roofing (Nationwide) Ltd, who is from Nuneaton, was over-cladding an asbestos cement sheet roof at premises in Colwick, Nottingham, when the incident happened on 15 April 2013.

Nottingham Magistrates’ Court heard  he was working from a staging board repairing a damaged sheet when he fell through the adjacent roof light onto a mezzanine below.

He broke his pelvis, left shoulder and left elbow.

A HSE investigation found that Stormseal’s normal method of work was to install netting beneath the roof to stop anyone if they fell. However, the mezzanine underneath the area where they were working was used by the client to store tyres so nets were not used, but no alternative was provided.

There was a risk assessment and a method statement but they had been carried out by someone who had not had any formal training and were generic documents which lacked sufficient detail and did not accurately reflect the conditions on site.

Although Stormseal had contracted a local scaffolder to erect perimeter edge protection around the building, it did not extend around a section of the main roof exposing workers to the risk of falls of around six feet to a lower section.
Stormseal Roofing (Nationwide) Ltd, of Oaks Way Industrial Estate, Station Road, Earl Shilton, was fined £16,000 with £1,783 costs after admitting a breach of Regulation 4(1) of the Work at Height Regulations.

After the hearing, HSE inspector Linda-Jane Rigby said:

“The risks associated with work at height on or near fragile materials are well known, as are the controls needed to address those risks.

“Stormseal failed to identify the need for alternative measures for preventing or mitigating the consequences of a fall from the leading edge of either the staging boards or the newly-fitted roof sheets. As a result a man suffered painful injuries that could and should have been prevented.”

Firm in court after portable building collapses on churchgoers

A company has been fined after a two-storey portable building collapsed while more than 30 children and parents were playing in the lower room.
South Derbyshire Magistrates’ Court heard the incident happened at Ashbourne Elim Pentecostal Church in Derbyshire while two volunteers – one of them partially sighted – were preparing parcels for the church’s foodbank in the upper cabin.

The two cabins had been refurbished and installed by Relocatable Building Systems Ltd in September 2013. A month later, on 24 October, both cabins dropped when a bolt on the jacking leg of the lower unit sheared off. The top part of the leg came out of the wooden frame, causing the collapse.

The upper cabin came to rest on the roof of the lower one at one corner, sending a number of food items falling off the shelves in the upper building. One of the volunteers suffered a bruised arm and, although no-one else was injured, all were badly shaken. Senior pastor, Rev Ben Brown said it was a ‘miracle’ the lower cabin had not collapsed on them.

A HSE investigation found the company had refurbished the buildings before their installation at the church. New inner sections of the jacking legs were installed but the original pins, used to adjust the height of the legs, could not be fitted due to the holes not being drilled to the correct size.  Instead,  smaller bolts, which were not designed for this purpose, were used, meaning they would fail at some time in the future.

An Improvement Notice was served by HSE on Relocatable Building Systems Ltd requiring the company to develop safe systems of work to ensure refurbished buildings were safe. Both cabins at the church were repaired and reinstalled.
Relocatable Building Systems Ltd, of Hilton Industrial Estate, Sutton Lane, Hilton, Derby was fined a total of £8,000 with £1,589 costs after admitting two breaches of the Health and Safety at Work etc Act 1974.

Speaking after the hearing HSE inspector Steve Shaw said:

“This was a terrifying incident for those involved and left a lot of people scared and upset.

“During installation the company should have carried out a final check to ensure all the work had been completed and the two cabins were bolted together safely. It is very lucky that the top cabin stayed in contact with three of the jacking legs as this prevented the full weight coming to rest on the wooden frame of the lower unit where children were playing. The wooden frames are not designed to take the weight of an upper unit so it could have quite easily come crashing down with horrific consequences.

“The collapse could have been avoided by Relocatable Building Systems had the refurbishment been undertaken in a suitable manner using the same or better specification material as the original.

“The church was unable to rent out the rooms while they were away being fixed and when they were reinstalled some months later, there was a lot of suspicion and doubt about their safety from the community the church serves.”

Senior Pastor, Rev Ben Brown, whose wife and two-year-old son were in the lower room at the time of the incident, said:

“It was a complete miracle that it did not fall further but came to rest where it did. Another half inch and the consequences would have been devastating. I think someone was certainly looking after us that day.

“It was horrific. The community’s confidence in the church was destroyed through no fault of our own and we had to build that trust back up again. There is still some suspicion and a few people still refuse to go in the buildings, even though they’ve been back in place for over a year. There’s no doubt our relationship with the community suffered as a result of what happened.”

Court for Essex firm

An Essex firm has been fined for neglecting chemical safety after a fire involving a brazier and a drum of thinners led to safety breaches being uncovered at its Rainham site.
CLB Refridgeration Ltd, which cleans and refurbishes industrial-size refridgeration containers, was prosecuted by the HSE at Southwark Crown Court after its investigation.

The court heard that a 25-litre drum of paint thinners was involved in an incident in October 2012 where a fireball erupted in a brazier at the company’s site in Ferry Lane.

HSE told the court that CLB Refrigeration Ltd failed in its duties to assess and control the use of paint thinners – the company was not aware how workers were using the dangerous substance and were also unaware that a brazier was being used to burn rubbish.

The investigation identified that thinners was being used to clean marks off the containers that were being refurbished and that when the skips were full the employees would sometimes burn material they had removed from the refrigeration containers in the brazier.

HSE found that the company had not properly assessed the risks involved in using and storing paint thinners, and had fallen far below the standard of controlling the risks. CLB Refrigeration failed to ensure it had full knowledge of all the chemicals on site, how they were being used and failed to undertake an assessment of the risks involved.

CLB Refrigeration Ltd of Parkside, Woodside, Grays, Essex, pleaded guilty to two breaches of the Dangerous Substances and Explosive Atmospheres Regulations 2002 and was fined a total of £22,500 and ordered to pay £9243 in costs.
After the hearing, HSE Inspector Monica Babb said:

“CLB Refrigeration Ltd should have been aware of what dangerous substances their workers were using, and how. A proper risk assessment was key to making sure that suitable, effective control measures were in place and the brazier was removed from site.”

Tuesday 17 February 2015

HSE Myth Busters

Village hall clock causes high ding-dong

Issue

A press article reported that a new member of the village had threatened to sue the parish council if the village hall clock strikes after 11pm. He claims the tranquil environs of the village had been disturbed by chiming every 15 minutes and will claim under health and safety legislation to stop this.

Panel opinion

There is nothing in workplace health and safety law that requires the chimes to be silenced. The issue is one of noise nuisance which is dealt with under the Environmental Protection Act 1990 (EPA). If residents think noise is affecting their health they can take this up either with their local council, who will investigate whether a nuisance exists, or directly through the courts. We have been advised that each case is considered on its own merits and the silencing of bells elsewhere does not create a precedent for all other cases

Council erecting a barrier on sloping grass bank to prevent workers and the public falling onto concrete path below

Issue

A sloping grassed bank, whose base is retained by a vertical wall, runs along behind social housing dwellings. The council has identified a risk of injury to workers from a fall from the top of the retaining wall when working on the bank above and also identified a similar risk of injury for residents and the public who access the bank. The council plans to install a barrier on top of the wall to reduce the risk of fall from height onto the concrete path below.

Panel opinion

The Council is taking a sensible approach to find a way of minimising various risks to its own employees and members of the public. They should continue to discuss with residents to find a suitable means of fencing/protection that reduces risk without restricting access unduly.

Insulation firm fined £500,000 over pensioner’s carbon monoxide death

A pensioner died from carbon monoxide poisoning just hours after the flue on her gas boiler was blocked with cavity wall insulation, a court has heard.
HIS Energy Ltd was prosecuted by the Health and Safety Executive (HSE) following Joyce Moore’s death, which occurred less than five hours after employees left her Middleton Road home.

Manchester Crown Court heard that the 83-year-old’s son had received a cold call from Nationwide Energy Services Ltd in September 2012 offering free cavity wall insulation through a scheme subsidised by the energy companies.

The firm, which was featured on the BBC Three series ‘The Call Centre’, arranged for its sister company, HIS Energy Ltd, now in liquidation, to carry out the work.

On 9 October 2012, three HIS Energy Ltd employees visited the property where they drilled holes through the house bricks, before using a machine to blow thousands of insulation beads into the cavity between the outer and inner walls.
When one of the employees checked the boiler, he noticed a pile of insulation beads at the back of it and assumed they had come through a hole in the lining of the chimney.

The worker phoned the firm’s main office, where he spoke to two managers to make them aware of the issue but neither of them arranged for a gas engineer to visit the property that evening.

Instead, Mrs Moore’s son was advised not to use the boiler but the company failed to make him aware of the potentially fatal consequences of turning on the heating.

HIS Energy also failed to make sure the boiler was switched off before its employees left the property, failed to leave a warning notice on the boiler or with the homeowner, and failed to alert National Grid or a gas engineer, despite this being standard industry guidance.

Just after 8pm, Mrs Moore’s son noticed the house was getting cold and so turned up the thermostat in the hall, causing the heating to come on. When he stood up from the sofa around two hours later, he felt dizzy and went to check on his mother. He found her slumped on her bed.

A post mortem confirmed the cause of death was carbon monoxide poisoning. Mrs Moore’s son and two paramedics were also hospitalised after tests found high levels of carbon monoxide in their blood.

The HSE investigation found HIS Energy did not provide adequate guidance for its employees on what to do if a boiler flue became blocked. The job packs in the company van contained examples of warning notices, but there were no actual notices which could be given to homeowners or stuck on boilers.

HIS Energy Ltd, which has since gone into voluntary liquidation, was found guilty of a single breach of the Health and Safety at Work etc Act 1974. The company, formerly of Northern Boulevard in Swansea, was fined £500,000 and ordered to pay £24,968.44 in prosecution costs.

Speaking after the hearing, HSE Inspector Lisa Bailey said:

“It was a natural reaction for Mrs Moore’s son to turn on the heating when it began to get cold, especially as he hadn’t been made aware of the potential dangers.

“The boiler should have been switched off by the company, and warning signs should have been stuck on the side. If this had happened then I am sure the heating would have remained off throughout the evening.

“HIS Energy should also have arranged for a registered gas engineer or National Grid to visit to property as soon as possible but, again, this did not happen.

“The company knew about the risks from its work but its safety standards fell well below the legal minimum. As a result, an elderly woman has lost her life.”

Tenants put at risk of gas poisoning by landlord

The lives of a young family were put at risk by their landlord who failed to have their gas boiler regularly serviced and checked, a court has heard.
The mother, her partner and young child moved into the property in Polwhele Road, Newquay, in July 2013, but were not supplied with a copy of a gas safety record by their landlords, Andrew and Deborah Hopkinson.

A year later, the tenant asked about a safety inspection of the boiler but no inspection took place.

In June 2014, the family noticed a gas smell and called in Wales and West Utilities, which isolated the boiler. A Gas Safe registered engineer later inspected the appliance and issued an “Immediately Dangerous” notice on the boiler.

The HSE was alerted and, following an investigation, prosecuted Mr and Mrs Hopkinson at Truro Magistrates’ Court.

The HSE investigation found six instances of the landlords’ gas safety checks not taking place within the legally required 12 month period, with the dates ranging between five days and 15 months overdue.

The gas boiler, which was at least 11 years old, was last serviced on 19 December 2012. The owner’s manual recommends annual servicing of the boiler. It had not been serviced for 18 months when it was isolated for safety purposes and found to be producing high levels of carbon monoxide.

Andrew and Deborah Hopkinson, of Chynowen Lane, Cubert, each pleaded guilty to  two breaches of gas safety regulations. Mr Hopkinson was fined a total of £7,000 and ordered to pay £209 costs. Mrs Hopkinson was also fined £7,000 with £209 costs.

HSE Inspector Simon Jones, speaking after the hearing, said:

“It was fortunate that this incident did not lead to death or injury for the tenant or her young family.

“Landlords must ensure annual safety checks are carried out on gas appliances at their properties and ensure they are serviced and maintained in good working order.”

Plumbers in court over illegal gas work

One plumber has been sentenced to 200 hours unpaid community service, and another has been fined, over illegal gas work that put lives in danger at a hotel in Sawbridgeworth.

James Outtridge, 61, of Upper Swains, Epping, was prosecuted after an investigation by the HSE found work on several gas appliances he had overseen, left them ‘At Risk’.

Scott Wilson, 43, from Buckwells Field, Hertford, was prosecuted for carrying out illegal gas work under Mr Outtridge’s supervision on one occasion, also leaving appliances ‘At Risk’.

Chelmsford Magistrates’ Court heard that Mr Outtridge was asked by the hotel landlord to install a gas-fired hot water boiler at The Railway Hotel in Sawbridgeworth in November 2013.

Mr Outtridge arranged for the boiler to be installed by a gas fitter who was not registered with Gas Safe Register to carry out private gas work, as the law requires. This boiler was later found to have been left ‘At Risk’.

Following a Food Hygiene inspection by an Environmental Health Officer (EHO), Mr Outtridge was then asked to arrange for important gas safety checks to be carried out on the gas appliances at the hotel. Mr Outtridge again failed to use a Gas Safe registered engineer and the landlord was supplied with a fraudulent report reassuring him that his appliances were safe to use.

When the report was found by the EHO to be fraudulent, Mr Outtridge arranged for Scott Wilson to repeat these safety checks. But Mr Wilson was also not registered with Gas Safe register to carry out private gas work, either.

James Outtridge of Upper Swains, Epping, Essex, was sentenced to 200 hours of unpaid community service, with the bench describing him as ‘highly culpable’. He was also ordered to pay costs of £1,300 and a £60 victim surcharge for three breaches of Regulation 4 of the Gas Safety (Installation and Use) Regulations 1998.

Scott Wilson of Buckwells Field, Hertford, Hertfordshire, was fined £2,000 and ordered to pay £611 in costs plus a £120 victim surcharge for breaches of Regulation 3(1) and Regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998.

After the case, HSE Inspector Sue Matthews said:

“People can die as a result of carbon monoxide poisoning, and, by their negligence, James Outtridge and Scott Wilson could have caused the illness or death of the owner and employees at this hotel.

“The purpose of the Gas Safe Register is to protect the public from gas work being carried out by people who have not been trained and are not competent. On several occasions Mr Outtridge used persons including Mr Wilson, who were not registered and had not been assessed as competent by Gas Safe Register. Their actions endangered members of the public, putting them at serious risk of injury and even potentially death.”

Russell Kramer, Chief Executive of Gas Safe Register, added:

“Every Gas Safe registered engineer carries a Gas Safe ID card, which shows who they are and the type of gas appliances they are qualified to work on.

Council prosecuted over bin lorry deaths

A council in the Lake District has been fined £120,000 after two women were killed by reversing rubbish trucks within a year of each other.
South Lakeland District Council was prosecuted by the HSE after an investigation found the local authority had failed to tackle the risks from reversing vehicles.

Carlisle Crown Court heard the first incident happened on a single-track lane off Easedale Road in Grasmere on 2 June 2010. Mary Cook had been walking down the track while on holiday with her husband when she was struck by a reversing rubbish truck. The 54-year-old from Nottingham died from her injuries.

The driver pleaded guilty to causing death by careless driving in a separate prosecution. However, the HSE investigation also found that it was normal practice for 7.5 tonne bin lorries to reverse down the long track to reach a holiday rental home, without a council employee walking behind to guide the driver.

The court was told the council should have reviewed all its bin collection rounds following the incident to eliminate reversing whenever possible, or to make sure employees guided drivers from behind vehicles when there was no other option but to reverse.

This did not happen and instead reversing was actually introduced at St Marys School on Prince’s Road in Windermere where the second incident occurred.
The council had been carrying out fortnightly collections of recycling waste from outside the school gates for a term when it changed its system and instead began reversing the trucks onto the school grounds to collect the rubbish.

On 17 March 2011, council employee Dorothy Harkes, 58, from Ulverston, was walking behind a rubbish truck to guide the driver when she was struck, causing fatal injuries.

The driver of the vehicle was also convicted of causing death by careless driving but the HSE investigation concluded that there had been no need for council trucks to reverse onto the school grounds.

South Lakeland District Council, of Lowther Street in Kendal, was fined £120,000 and ordered to pay £50,000 in prosecution costs after pleading guilty to two breaches of the Health and Safety at Work etc Act 1974.

Speaking after the hearing, HSE’s Principal Inspector for Cumbria and North Lancashire, Mark Dawson, said:

“Both the drivers have already admitted their part in Mary and Dorothy’s deaths but our investigation found the council had not done all it should have to protect the public and their employees from the danger of reversing rubbish trucks.

“The lane that Mary Cook and her husband had been walking along was heavily used by holidaymakers and yet the council failed to make sure measures were in place so that its vehicles could reverse safely.

“What’s particularly disappointing is that the council actually introduced reversing as part of its collection of recycling waste from St Marys School, rather than trying to eliminate it wherever possible following Mary’s death.”

Quarry operator sentenced after worker died in dumper truck fall

An Arbroath quarry operator has been fined for serious safety failings after a dumper truck driver died when his vehicle reversed over a stop block to the quarry floor below.
Joseph Troup, 76, from Forfar, had worked for D Geddes (Contractors) Ltd at its Hatton Mill Quarry in Kinnell, Froickheim for 18 years when the incident occurred on 26 July 2012.
 
Forfar Sheriff Court heard that Mr Troup had loaded material from the extraction face onto his 35-tonne articulated dump truck and transported it to an area by the processing plant’s input hopper.
 
Mr Troup began tipping the load into the input hopper where material is transferred by conveyor belts to the processing plant to be turned into sand and gravel aggregate. In order to tip, the truck body is raised by pulling back the tipping lever, which is beside the gear lever in the driver’s cab, while revving the vehicle’s engine.
 
At the time of the incident, the assistant quarry manager heard the revving of Mr Troup’s truck. But as he looked up he saw the vehicle’s rear wheels on the metal bars which cover the top of the input hopper and realised it was reversing back over the hopper and the truck body was not raised at all.
 
As it reversed, the rear of the truck rolled beyond the end of the metal bars and fell backwards onto the quarry floor below.
 
Unfortunately, Mr Troup was not wearing a seatbelt and he was thrown from his seat as the vehicle fell backwards. He died instantly as a result of head injuries.
An investigation by the HSE was unable to identify the exact reason for the vehicle reversing. Mr Troup may have inadvertently pulled the gear lever into the reverse position when attempting to pull the tipping lever, since the two levers are side by side. The vehicle was able to move because the parking brake had not been applied.
 
HSE found that the stop block above the input hopper at the time was ineffective in stopping the reversing dump truck due to a combination of insufficient height and the ramping of sand and gravel used in the construction of the stop block.
 
The metal stop block and the compacted material on top measured 41cm. A build-up of tipped material in front of the block had effectively allowed it to act as a ramp which a large wheeled vehicle was capable of driving over.
During the investigation, the built-up material was removed and the ground in front of the stop block was dug out to reveal its full height of 63cm, which would have prevented the dumper truck from accidentally being reversed.
 
D Geddes (Contractors) Ltd, of Swirlburn, Colliston, Arbroath, was fined £200,000 after pleading guilty to breaching Regulation 6 of The Quarries Regulations (as amended) 1999.
 
Following the case, HSE Inspector Richard Noble said:
 
“The task of reversing a heavy vehicle to the stop block of an input hopper of a processing plant is an inherently dangerous one. D Geddes (Contractors) Ltd should have identified the risk of the vehicle reversing over the input hopper stop block and the driver being injured, or killed, and ensured measures were in place to prevent this from happening.
 
“There is well-established guidance available on safe tipping at quarries, which if followed, would have prevented this tragic incident.”
 

Building firm sentenced after worker’s friend suffers devastating injuries

An Oldham building firm has been fined after a friend of a worker sustained life-changing injuries when he fell from the second floor of a partially built house.
The 53-year-old, from Oldham, who has asked not to be named, suffered brain damage and spinal injuries in the fall, and will require care for the rest of his life.
Global Constructions (Northwest) Ltd was prosecuted by the HSE following an investigation into the incident on Frederick Street in Oldham on 16 September 2013.

Manchester Crown Court heard the company had been building twelve large houses when a friend of one of the workers came onto the site. He could not find anyone in the site cabin and so went over to a detached house where two workers were laying floorboards on the second floor.

The workers heard him call up to say he would climb up the two ladders inside the building to come and see them. When he reached the top, he stood on a sheet of plywood covering the stairwell that gave way, sending him crashing to the concrete floor below.

He was taken to Salford Royal Hospital with significant head and spinal injuries. As part of the initial treatment he was put into an induced coma, and is unlikely to ever fully recover from his injuries.

The HSE investigation found there was no security guard or company employee to monitor who came onto the site. The building site itself was also found to be unsafe.

The plywood that was used to cover the staircase void was less than 18cm wider than the void, meaning there was a high risk of it slipping when someone stood on it. There was also no handrail around the stairwell, and scaffolding on the outside of the building had numerous defects and missing parts.

Global Construction (Northwest) Ltd, of Alexandra Road, Oldham, was fined £50,000 and ordered to pay £8,595 in prosecution costs after pleading guilty to two breaches of the Health and Safety at Work etc Act 1974.

Speaking after the hearing, HSE Inspector Grayam Barnes said:

“A site visitor has suffered devastating injuries that will affect him for the rest of his life because Global Construction’s working practices were fundamentally unsafe.

“Building sites have the potential to be highly dangerous places so it’s essential that only workers are allowed onto sites, and access is prevented for other individuals. It simply should not have been possible for a friend of one of the workers to climb up two ladders through the stairwell of a partially constructed house.

“He suffered severe injuries in the fall, but it could just as easily have been one of the workers who found themselves in hospital as there was a high risk of the plywood resting over the void slipping when someone stood on it.”
 

Development failings land multiple defendants in court

Five separate parties have been sentenced for allowing unsafe work practices and poor welfare standards at a construction site in Upper Norwood.
Inspectors from the HSE identified a catalogue of issues at land belonging to a former church on Chevening Road in October 2012 after receiving complaints from a neighbouring school and a member of the public.

Four flats and four homes were being built at the site by Unicorn Services Limited, run by director Yi Long Chen and principal shareholder Mou Qiang Chen, on behalf of Chalice Homes Limited, run by sole director Steven Mooney.
All five appeared at Southwark Crown Court after admitting breaching safety legislation and placing workers at unnecessary risk from injury or illness.

The court heard that failings at the site included:
  • A mini digger and dumper, both of which were poorly maintained, were left with the keys in the ignition free for anyone to use – despite the fact no-one at the site was trained or qualified to use them
  • There was no traffic management system, with nothing in place to segregate people from moving machinery – a failing exaggerated by the fact the site was next to a junior school
  • A raised storage area above a rest room was exposed and unguarded – meaning heavy items could have fallen onto workers below, as could anyone who accessed the area
  • The site manager was unqualified and could not speak English – so he was unable to communicate with site visitors or delivery drivers and provide any necessary safety briefings
  • There was no hot water, no wash area or washing up facilities, and no heating – with the general hygiene and sanitation standards described as wholly inadequate
  • There were no safety records or method statements for any work activity
The court was told that the Chens and Mr Mooney were well known to HSE after serious safety concerns were also noted at another construction site under their control.

In September 2011 HSE served eight Prohibition Notices to stop dangerous work at a site in nearby Sylvan Hill. It resulted in Unicorn Services being prosecuted and Mr Mooney, then the director of another standalone company set up for the development in question, receiving a written warning.

HSE told the court that despite this intervention, the poor safety and welfare standards at Chevening Road proved little had changed, and that it was indicative of a blasé attitude towards the wellbeing of workers.

Mou Qiang Chen, of Gonville Road, Thornton Heath, was fined a total of £2,000 and ordered to pay £5,000 in costs after pleading guilty to two breaches of Section 37 of the Health and Safety at Work etc Act (HSWA) 1974.

Yi Long Chen, of Oriel Close, Mitcham, was fined £1,000 after pleading to a single Section 37 breach.

Their company, Unicorn Services Limited, was fined a total of £9,000 for two breaches of the Construction (Design and Management) Regulations 2007 (CDM Regs) and a single HSWA breach.

Steven Mooney, of a registered address on Croydon High Street, was fined £11,000 with £5,000 after pleading guilty to the same HSWA breaches as Mr Mou Qiang Chen.

Chalice Homes, which is no longer trading, was fined a nominal £200 for two further CDM Regs breaches.

All five parties accepted their respective charges on the first day of a trial last October after initially pleading not guilty when the case was first heard by Westminster Magistrates.

After sentencing HSE Inspector Andrew Verrall-Withers commented:
“Although nobody was harmed at the development site in question, the risks were clear – as evidenced by the fact that both the neighbouring school and a member of the public independently contacted HSE with their concerns.

“Given the long history of previous HSE enforcement and advice against the respective parties, the failure to protect workers, as well as others in the vicinity, was totally unacceptable.

“It is extremely disappointing that the defendants made the decision to plead not guilty, elect for a Crown Court trial and then cause numerous delays during the pre-trial procedures. The HSE case and weight of evidence was clear from the outset, and the attitude of only acknowledging any wrongdoing at the last possible moment – in this instance the first day of the trial – is telling.”

Firms sentenced after airport worker breaks leg

 
Two firms have been prosecuted after a worker suffered a broken leg when he deliberately steered his ride-on cleaning machine into a balustrade when the brakes failed in order to avoid hitting pedestrians in Stansted airport.

Carl Marshall, 28, of Little Dunmow, Essex, was forced to veer into the central dividing balustrade after brakes on the scrubber-drier machine failed to respond as he rode down a sloping passenger ramp.

As the machine came to a halt, passengers rushed to his aid and helped to free his trapped legs. Mr Marshall suffered a broken right thigh, sprained right knee and two sprained ankles, requiring four days’ treatment in hospital. He has since returned to work.

The incident, on 2 July 2013, was investigated by the HSE, which prosecuted Mr Marshall’s employer, ISS Facility Services Ltd, of Surrey, and the maintenance contractor Michael Laryea, trading as Lamick Floor Machines, of Isleworth, Middlesex.

Chelmsford Magistrates’ Court heard that once Mr Marshall realised the brakes were not slowing the vehicle during descent, he shouted for passengers to get out of the way and pulled the steering wheel hard to the right to slow the machine against the central walkway balustrade. Passengers then came to help and stopped the machine moving further by leaning against it, and then freed Mr Marshall’s legs which had become trapped.

HSE’s investigation found that the scrubber drier machine had a worn and ineffective brake that had been poorly maintained. A second machine was also found to have similar defects.

ISS Facility Services Limited of Genesis Business Park, Albert Drive, Woking, Surrey, was fined £30,000 and ordered to pay £5,490 in costs after pleading guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974 and Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998.

Michael Laryea, trading as Lamick Floor Machines, of Elmer Gardens, Isleworth, Middlesex was fined £10,000 and ordered to pay £5,490 in costs after pleading guilty to breaching section 3(1) of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Glyn Davies said:

“Mr Marshall’s painful injuries could have been avoided had the ride-on scrubber drier machines been regularly checked in accordance with the manufacturer’s instructions and maintained in good repair. ISS and Michael Laryea of Lamick failed to make sure the machine was safe to operate.

“This has been an expensive lesson for both these businesses to learn; but employers should understand that serious breaches of health and safety law that put workers’ safety at risk are likely to result in similarly serious outcomes.”

Monday 9 February 2015

Theme park fined after birthday boy breaks leg on ride

A theme park has been prosecuted after an eight-year-old boy’s birthday celebrations turned into an agonising ordeal when he broke his leg on a ride.
The Derby youngster was out for a birthday treat with his family at Twin Lakes Park near Melton Mowbray when the incident happened on 14 April 2013.
 
Leicester Magistrates’ Court heard he and his parents were on the Jester’s Revenge, a spinning barrel ride, when his left foot became twisted and trapped as a result of his shoelace becoming tangled in a bolt.
 
He had to have his leg straightened which left him with a full, heavy cast from his thigh to his toes. It was therefore a struggle to get out of bed so he was bedridden for eight weeks. It took several months for his leg to heal during which time he needed 24 hour care.
 
A Health and Safety Executive (HSE) investigation found that the bolt was protruding from the base of the column which holds the central disc that riders turn to make the barrel spin. The bolt had always stuck out by around two centimetres and was part of the ride design.
 
BB & B Leisure Parks Ltd, which owns Twin Lakes, had tried to cover up the bolt head by wrapping agricultural self-adhesive tape around the pole but this was prone to wearing through by rubbing against people’s shoes as they used the ride.
 
Although daily checks on its condition were in place it could wear through very quickly as it was too soft and flexible.
 
BB & B Leisure Parks Ltd, of Blackawton, Totnes, Devon, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £13,500 and ordered to pay costs of £30,000.
 
Speaking after the hearing, HSE inspector Neil Ward said:
 
“BB& B Leisure Parks should have tackled this risk far more robustly than they did.  Fairgrounds and their individual rides contain a lot of machinery and therefore potentially significant risks. There can be no scope for anything less than 100 per cent safety, particularly when so many people and children will in constant and close contact with the rides.
 
“The company should have found a better solution – which it did after the incident. It had some smooth plastic collars made which fit over the bolts so that there isn’t an entanglement risk, and that are sufficiently robust that they won’t wear through quickly. It was a simple, low-cost measure that could have prevented a painful injury to a young boy enjoying his birthday.”
 

Community service for gas fitter after young family suffered carbon monoxide poisoning

A Staffordshire gas fitter has been handed 240 hours of unpaid work for failing to identify defects on a boiler that left a young family with carbon monoxide poisoning, just one day after they took their newborn baby home.
Stafford Magistrates’ Court heard that the family – Chris Humphries, 27, Lucy Deavall, 23, and their two-year-old daughter – had been suffering with headaches and dizziness over a number of weeks in May 2013.
They had begun to notice a pattern and, on 24 May, when their newborn daughter was just two days old, their older daughter started vomiting.

Suspecting they were experiencing symptoms of the deadly gas, they went out and bought a carbon monoxide detector. Within an hour of putting in the batteries, it activated so the family went to hospital where they were found to have elevated levels of carbon monoxide in their blood.

A HSE investigation found registered gas engineer Mark Adam Whitfield, 33, of Burntwood, had carried out a landlord’s gas safety certificate examination at the house in Mesnes Green, Lichfield, when it was unoccupied on 26 November 2012. However, he failed to spot evident defects with the boiler and flue.

Mr Whitfield returned to the property several times the following April and May once the house had been let, but repeatedly failed to spot the problems.
The first bend in the flue was on top of the boiler when it should be more than 500mm above the top of the boiler. Also, the end of the flue was not correct and there were signs of condensation and staining inside the boiler, which were likely to have been visible when the gas safety check was conducted in November 2012.

Mr Whitfield, of Queen Street, Burntwood, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc Act 1974. He was handed a 12-month community service order with 240 hours’ unpaid work. He was ordered to pay full prosecution costs of £1,185 and to pay £1,000 compensation to the affected family.

After the hearing HSE inspector David Brassington said:

“This was a vicious storm of circumstance. Since the baby had been born the family were using the boiler more than usual to heat the house, both for the baby and the amount of visitors they were getting. It was that increased use of the boiler, coupled with another onset of illness, which made them suspect they were being poisoned.

“Mark Whitfield’s failures over a series of visits exposed the family to significant risk to their health whenever the boiler was in operation. As a qualified gas engineer he should have identified the faults, classified the boiler as “at risk” and initiated remedial works.

“The actions of qualified gas engineers are paramount to the safety of gas users. There are approximately 12 fatalities a year arising from carbon monoxide poisoning from gas appliances that have not been properly installed, ventilated or maintained. Mark Whitfield is extremely fortunate that this family did not add to that number.”

Building firm sentenced for corporate manslaughter

A building firm and its owner have been sentenced at Preston Crown Court, following an incident in 2011 where a man died as a result of falling through a roof.
Peter Mawson Ltd, a building and joining firm, pleaded guilty in December to ‘corporate manslaughter’ and a breach of the Health and Safety at Work Act by failing to ensure the safety of employees. The company was fined £200,000 for the corporate manslaughter offence, and £20,000 for the Health and Safety breach.

Peter Mawson, owner of the company, also pleaded guilty to a breach of the same act and was sentenced today to: eight months in prison, suspended for two years; 200 hours unpaid work; a publicity order to advertise what happened on the company website for a set period of time, and to take out a half page spread in the local newspaper; and pay costs of £31,504.77.

At around 3:15pm on Tuesday 25 October 2011 emergency services attended West Cumberland Farmers LTD, Lindal, Ulverston, following a report that a man had fallen through a roof. The man, 42 year old Jason Pennington, had been working on the roof and had fallen through the skylight from a height of approximately 7.6 meters onto a concrete floor. He was taken to Furness General Hospital where he died a short time later.

DS Paul Yates for Cumbria Constabulary said:

“This has been a long and complex investigation, and we have worked closely with the Health and Safety Executive to establish what happened on that tragic day. I hope that this case serves as a warning to other businesses in Cumbria that health and safety measures are extremely important, and if not implemented correctly can result in devastating consequences.

“Our thoughts remain with the family of Mr Pennington at this difficult time. Hopefully the sentencing today will provide some sort of closure, and they can be left to grieve in peace.”

Chris Hatton, the investigating inspector at HSE, added:

“Jason tragically lost his life because the company that employed him did nothing to make sure he was safe while he worked on a fragile roof.

“Peter Mawson knew the clear panels on the roof weren’t safe to walk on but neither he nor his company provided any equipment to prevent workers falling to their death. If scaffolding or netting had been fitted under the fragile panels, or covers had been fitted over them, then Jason would still be here today.”

Three firms sentenced after worker’s death

A renewable technology company and two sub-contractors have been fined for safety failings after a worker was killed when he fell seven metres from a roof while installing solar panels.
Kevin Brookes, 35, from Tamworth, suffered fatal injuries in the incident at Southam Drive, Kineton Road Industrial Estate, Southam on 31 May 2012.
 
Principal contractor Alumet Renewable Technologies Ltd was jointly prosecuted with sub-contractors Midlands Solar Solutions Ltd, who employed Mr Brookes to install the panels, and Rugby Scaffolding Services Ltd, responsible for installing edge protection. An investigation by the HSE identified serious flaws with the health and safety plan and the way the work was managed.
 
Coventry Crown Court heard that Mr Brookes was attempting to retrieve a drill that had started to slide down towards the edge of the roof when he slipped and slid through the handrail, over the edge of the building, landing on his head.
Mr Brookes, who was the sole carer for his elderly disabled father, fell into an immediate coma and died 19 days later in hospital.

The HSE investigation found that Alumet had failed to put an adequate health and safety plan in place. The measures outlined in their plan were not sufficient to protect the workers, and those measures that were in place were not being followed by Alumet or the other two companies involved in the work.

The investigation identified that the edge protection did not meet nationally agreed standards. It also revealed that employees of Rugby Scaffolding Services Ltd weren’t properly trained to install the protection and didn’t have appropriate supervision.

The investigation also revealed that there were unsuitable provisions in place to prevent people falling through the skylights.

Alumet Renewable Energy Technologies Ltd, of Senator House, Bourne End, Southam, was today fined £66,000 and ordered to pay £12,491 in costs after admitting breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
Rugby Scaffolding Services Limited, of 24 Regent Place, Rugby, Warwickshire, admitted the same charge and was fined £60,000 and ordered to pay costs of £12,491.

Midlands Solar Solutions Ltd, of Emmanuel Court, 10 Mill Street, Sutton Coldfield, pleaded guilty to breaching Section 2(1) of the same Act and was fined £50,000 and ordered to pay £12,491 in costs.

After the hearing, HSE inspector Amy Kalay, said:

“This fatal fall was entirely and easily preventable.  The health and safety plan and mechanisms put in place to carry out the work fell far below the required standards.

“All three companies had copious experience of working at height to install solar panels and as such should have been experts.

“Alumet Renewable Technologies Ltd knew that the work was a high-risk activity, and the company should have known what measures to put in place to keep workers safe and making sure these precautions were followed by everyone involved.”

Stevedores fined for worker’s severe injuries

A Glamorgan stevedoring company has been fined for breaking safety legislation after an employee suffered severe leg injuries falling from a trailer.
Nigel Preece, 58, of Pyle, Bridgend, was unloading steel coils from a flatbed trailer when he fell 1.3 metres sustaining two broken legs.

Mr Preece’s employer, Briton Ferry Stevedoring, appeared before Swansea Magistrates in a prosecution brought by the HSE following the incident.

The court heard that Mr Preece had to stand on the trailer and feed a lifting strap through the centre of the coils so they could be taken off the vehicle. After lifting a coil, he replaced the loose board on the trailer floor which covered the well used to hold the coil in place during transport.

On this occasion, the board was not properly placed and when Mr Preece stood on it, the board moved causing him to lose his balance and fall off the trailer, breaking both his legs above the knee. He had to undergo a 10-and-a-half hour operation and was treated in intensive care for one week. He was unable to walk for three months without support and it was six months before he could walk unaided.

An investigation by HSE found the company had failed to make sure the work was carried out safely or that there were measures in place to prevent or reduce the effects of any fall.

Briton Ferry Stevedoring Ltd of Giants Wharf, Briton Ferry, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined £13,000 and ordered to pay costs of £1,497.

HSE Inspector, Steve Richardson, speaking after the hearing, said:
“Mr Preece suffered extreme pain and serious injuries and could have lost his life because his employer did not take simple measures to plan, manage or control the work he was asked to carry out.

“Falls from height are the biggest cause of workplace deaths and there is no excuse for employers failing to safeguard workers who have to work at height.”

Cheshire house builder in court after joiner badly injured in fall

A house building firm has been sentenced after a joiner suffered serious injuries when he fell five metres from the second floor of a new development in Alderley Edge.
The 25-year-old from Congleton, who has asked not to be named, was knocked unconscious in the fall down a staircase void and was in hospital for six days as a result of his injuries.

Cheshire Housebuilders Ltd was prosecuted by the HSE following the incident at its Oak Park development on Heyes Lane in Alderley Edge.

Macclesfield Magistrates’ Court heard the joiner had been laying floorboards on the second floor of a five-bedroom detached house when the incident happened on 25 September 2012.

Another worker was using the forks on a telehandler to lift a stack of roof beams onto the second floor when they swung out of control and struck the joiner. He was knocked down a two-metre square staircase void to the ground below.
His injuries included a fractured wrist, arm and punctured knee. He also needed stitches to his lower lip and tongue.

The HSE investigation found that there were no handrails or other safety measures in place around the void, despite the company’s own health and safety document highlighting this requirement.

There was also no crash decking beneath the joists to catch the workers if they fell through the gaps while they fitted the floorboards.

Cheshire Housebuilders Ltd, of Byley Road in Byley, was fined £10,000 and ordered to pay £3,633 in prosecution costs after pleading guilty to a breach of the Work at Height Regulations 2005.

Speaking after the hearing, HSE Inspector Kevin Jones said:

“The joiner suffered serious injuries in the incident but he could easily have been killed in a fall of that distance.

“The workers should never have been allowed to fit floorboards to the second floor before safety measures had been put in place, such as a handrail around the void for the stairs.

“Cheshire Housebuilders identified the need for these measures in its own health and safety document but there was absolutely no point in having the document unless it was going to act on it.”

Farmer in court for roof fall failings

The partner of an East Sussex farm has been fined for safety failings after a worker was seriously injured in a three metre fall through a fragile cowshed roof.
Stuart Mitchell, 52, from St Leonards On Sea, broke five vertebrae and two ribs, and cracked his left leg socket in the incident at Gate Court Farm in Northiam, near Rye, on 15 September last year. He now has limited mobility and has been unable to work since.

Rupert Cyster, 51, was prosecuted after an investigation by the HSE established that more could and should have been done to prevent the fall.

Eastbourne Magistrates’ Court heard that Mr Mitchell was working on top of a cowshed at Gate Court Farm to repair a leaking internal gutter, with a fellow farm worker watching on. He accessed the top of the roof by ladder, before walking along the concrete gutter that collected water from surrounding roof sheets.

Whilst on top of the building he noticed a crack on one of the sheets that also required attention. However, as he rested his foot on an adjacent sheet to take a proper look it snapped, causing him to lose his balance. He fell forwards through the cracked sheet and crashed onto the concrete floor below.

Magistrates were told that Mr Cyster, as MD, was ultimately responsible for how work at the farm was planned and managed, but on this occasion there was no agreed method of work in place. He knew the work was taking underway but left the two workers to it, despite the fact neither had any formal training on how to work safely at height.

The court was also told that during previous roof work at the farm a cage fashioned from an old chemical container was incorrectly fitted to a telehandler to provide an elevated work platform.

HSE served four improvement notices to ensure any further work at height was properly planned and managed using the correct equipment and methods.
Alfred Rupert John Cyster, of Gate Court Farm, Station Road, Northiam, was fined a total of £12,000 and ordered to pay a further £881 in costs after pleading guilty to three separate breaches of the Work at Height Regulations 2005.

After the hearing HSE Inspector Russell Beckett commented:

“Stuart’s painful injuries could easily have been avoided had the roof repairs been better planned and managed. The onus was on Rupert Cyster to ensure that happened, but he simply left the workers to it – not out of wilful ignorance, but it was a clear failing on his part nonetheless.

“Falls through fragile roofs account for almost a quarter of all work at height deaths, so it is absolutely vital that any such work is fully considered and that the correct equipment and working methods are used at all times.

“On this occasion the repairs should have been completed from underneath, avoiding the need to access the roof in the first place.”

Company in court after worker is struck by washing machine

A Lincolnshire recycling firm has been prosecuted for safety failings after a worker was left with a broken back when he was struck by a washing machine which fell from a grabber.
Desmond Adlington, 48, of Grantham, suffered fractures to three vertebrae and a broken rib following the incident at Environcom England Ltd, Grantham, on 22 April 2013.

Mr Adlington was taken to Queen’s Medical Centre in Nottingham and then Grantham Hospital and had to wear a back brace for more than a year. After many months of pain and discomfort, he underwent an operation to repair the damaged parts of his spine. He is still on pain relief medication, will require further medical interventions for the rest of his life and his mobility is seriously affected.

The incident was investigated by the HSE, which prosecuted the company at Lincoln Crown Court.

The court heard that a number of designated pedestrian walkways and entrances had been installed at the site following previous HSE enforcement related to workplace transport.

However, two of the key routes had since been allowed to fall into disrepair and weren’t being used due to overspill from the firm’s recycling activities.

Mr Adlington was walking back from the canteen and was using the goods-in door, walking down one side of a trailer. On the opposite side, a 360-degree rotating grabber machine was operating, lifting white goods earmarked for scrap onto the back of the trailer.

Mr Adlington thought the driver of the grabber had seen him, but he hadn’t and the driver continued the loading operations. A washing machine, weighing 65-80kgs, became detached from the grabber and was thrown over the top of the bulk trailer, striking Mr Adlington several metres away.

Two Improvement Notices were served on Environcom at the time – one in relation to a safe system of work for the grabber machine, and the other for effective control, monitoring and review of measures to prevent risks to pedestrians from vehicle movements.

Environcom England Ltd of Spittlegate Level, Grantham, was fined £100,000 and ordered to pay £16,286 in costs after pleading guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974.

After the hearing, HSE inspector Dr David Lefever said:

“This incident, which could easily have resulted in Mr Adlington’s death, was entirely preventable had the company maintained the pedestrian walkways previously required by HSE.

“It is vital that pedestrians are separated from the dangers posed by vehicles. The company let the walkways become blocked so pedestrians had to use other routes, including the main vehicle entrance to factory.

“As a result of this, Mr Adlington has needlessly been left with serious injuries which will no doubt affect him for the rest of his life.”

Company in court for unsafe asbestos removal

A Suffolk building company has been fined after removing asbestos insulation board without a licence and failing to protect its workers from falls of up to four metres at a farm building in Waltham, Essex.
Workers were potentially exposed to dangerous asbestos fibres and only provided with baby wipes or access to a hose for decontamination.

Chelmsford Magistrates’ Court heard the HSE was alerted by a member of the public concerned that unsafe work was being undertaken at the farm building.

HSE’s investigation found LJW Cladding Ltd did not have a licence permitting it to remove asbestos, despite telling the farm owner it held the necessary approvals. None of the workers were trained to work with licensed asbestos and were also placed in danger of falling from height while removing the fragile asbestos boards.

HSE found that the work, carried out between 26 and 28 February 2014, was woefully lacking in safety measures. Asbestos insulating boards were broken from their fixings with wholly inadequate attempts to prevent the uncontrolled release of fibres. There was no use of an enclosure and the respiratory protective equipment provided to workers offered insufficient protection.

Instead of a full three-stage decontamination unit required for such work all the workers had access to were baby wipes and the farm’s cold water hose.

Contaminated overalls over normal clothing continued to be worn while the workers took their lunch break on site and also meant they could have taken asbestos contamination home with them each night.

The investigation also identified the workers were at risk of falls of up to four metres owing to absent or inadequately installed safety netting and a harness and inertia reel being used inappropriately.

LJW Cladding Ltd of Evesham Close, Ipswich, Suffolk, was fined a total of £10,000 and ordered to pay costs of £3365.50 plus a £120 victim surcharge after pleading guilty to separate breaches of the Work at Height Regulations and the Control of Asbestos Regulations.

After the hearing, HSE Principal Inspector Dominic Elliss said:

“LJW Cladding’s incompetent actions led to its employees being potentially exposed to asbestos fibres at a much higher level than would have been possible had a competent licensed contractor been used.

“In addition there was a serious risk one of them could fall from or through the fragile roof because of the firm failed to provide effective safeguards. Too many workers continue to be seriously injured from falls in exactly this type of refurbishment project.”

Construction giant and subcontractor in court after metal frame collapsed

A leading construction firm and a concrete contractor have been fined after a metal frame collapsed at a site in Birmingham, knocking two workers from scissor-lift platforms.

Bell Formwork Services Ltd had been subcontracted by Costain Ltd to build the metal frame for a concrete tank at a new pumping station and water treatment site at Frankley Water Treatment Works.

Birmingham Magistrates’ Court heard that two steel fixers, a 65-year-old man from Brownhills, Walsall, and a 45-year-old from Cheslyn Hay, Staffordshire, had been raised nearly five metres above ground in separate scissor-lifts to take measurements of the tank wall.

Shortly afterwards the wall of reinforcing bar collapsed, bending over in a wave-like motion, knocking over both scissor-lifts with the operators still inside.
The 65-year-old steel fixer remained in his platform as it landed on its side and crashed into a nearby support frame. He suffered bruising and pain in his leg and shoulder.

His colleague was propelled from his platform as it landed on its side against a nearby support frame. He suffered bruises to the head, legs and body. Three other workers on the ground took cover and avoided injury.

An investigation by the HSE into the incident on 12 November 2012 found both Bell Formwork and Costain had failed to ensure the workers were able to do their job in safety.

HSE identified that the steel reinforcement for the tank walls, 21m long and 6.3m high, was unstable due to its size, the slenderness of the steel bars and the weight of the steel at a high level.

A temporary support should have been put in place every seven metres. However, on the day only two support frames were used at 8.3-metre spacing, leaving a section of eight metres unsupported.

HSE found principal contractor Costain Limited did not plan, manage or monitor the work properly. They were aware of the risks of collapse and the need for temporary support, including from a similar collapse in March of the same year at another site.

Despite this they did not apply their own temporary works management arrangements, which would have included a series of checks.

Bell Formwork Services Limited failed to ensure that all practicable steps had been taken to prevent danger to persons, to ensure the reinforcement did not collapse.

They then did not take reasonable steps to prevent the collapse of the wall and failed to identify that support was inadequate because there was no managerial level supervision or monitoring during these early stages of the work.

Costain Ltd of Vanwell Business Park, Maidenhead, Berkshire, pleaded guilty to breaching the Construction (Design and Management) Regulations 2007, and were fined £15,000 and ordered to pay costs of £1,980.

Bell Formwork Services Ltd of Pinchbeck Road, Spalding, pleaded guilty to a separate breach of the same regulations and was fined £15,000 and ordered to pay £1,851 costs.

Speaking after the hearing, HSE inspector Luke Messenger said:

“This was a serious incident and considering the size and weight of the wall, and the height from which the scissor-lifts overturned, it is extremely fortunate that no serious or even fatal injuries occurred.

“Construction and related companies need to ensure that the same degree of care and attention is given to the design and construction of temporary structures as it is to the design and construction of permanent works. Everything must be properly planned so it can be carried out safely by their staff.

“Both companies were experienced in their industry and should have done better.”

Carpet firm in court after worker breaks leg
A Rossendale factory, which makes carpet underlay, has been fined after a worker was badly injured when he was struck by a 300kg bale of foam.
The 59-year-old from Todmorden, who has asked not to be named, broke his left leg in two places and suffered damage to his knee as a result of the incident at Interfloor Ltd in Haslingden on 4 December 2013.
 
The company was prosecuted by the HSE after an investigation found it had become standard practice for heavy bales to be stacked up to four levels high, with no measures in place to prevent them falling and injuring workers below.
 
Preston Crown Court heard that Interfloor buys waste from car seat and furniture manufacturers, which is then processed and used to produce underlay.
Large bales of the foam were stacked in a storage area at the factory where an employee labelled each bale so that a consistent mix could be used in the production process.
 
As he was doing this, a bale from the third level up fell and hit him on his back, knocking him down face-first onto the concrete floor. He was in hospital for a week and was off work for several months as a result of his injuries.

The court was told that bales had fallen from stacks on several previous occasions and the company had identified the risk of workers being injured in a written assessment. However, no action had been taken to stop this from happening or prevent employees from accessing the dangerous area.

As well as the employees labelling the bales and sweeping the area clean, several other workers were also put at risk as they regularly walked through the storage area, using it as shortcut to the staff canteen.

The company has now changed its procedures so that workers are no longer required to label bales in the storage area. Instead their locations are simply marked on a whiteboard on the factory wall.

The access doors from the storage area to the canteen have also been blocked off so it can no longer be used as a shortcut.

Interfloor Ltd, of Broadway in Haslingden, was fined £40,000 and ordered to pay £7,200 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974 on 4 February 2015.

Speaking after the hearing, HSE Inspector Stuart Kitchingman said:

“A worker was very badly injured and off work for several months as a result of the incident but the impact of being struck by a 300kg bale could easily have been fatal.

“The company knew there was a risk of workers being injured by falling bales but it did nothing to stop this from happening. It was only after the incident that it put in place simple measures to prevent access to the storage area.

“It’s vital that manufacturers act to tackle dangers rather than waiting for an employee to be injured before doing anything practical.”