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.”
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.”
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.”
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.”
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.”
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.”
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.”
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.”
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
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.”
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.
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.”
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