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 casesCouncil 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.”
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.”
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.
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.”
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.
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:
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.”
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.”
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
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
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.”
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