Basement
building faces safety scrutiny
A two-day inspection initiative of
basement projects in high-value London boroughs is to be carried out by the HSE.
Construction inspectors will be focusing
on sites in two boroughs – Kensington and Chelsea, and Hammersmith and Fulham –
in a bid to improve safety in the increasingly popular basement sector.
This action follows a number a number of
fatal incidents, as well as serious injuries, in the capital in recent years
relating to basement projects.
Over the last 10 years, HSE has received
reports of 17 construction workers having died as a result of an excavation
collapsing, whilst in the same period 27 were seriously injured.
In December 2014, following the death of
a labourer in a basement excavation collapse in Fulham, a company director was
found guilty of manslaughter offences and jailed.
Inspection teams will be looking at key
safety issues including collapsing excavations; risk of building collapse from
structural alterations or undermining by excavating; the dangers of handling
heavy steel beams; poor access and risks of open or unprotected parts of sites.
Other issues such as poor welfare facilities and lack of training can also give
rise to HSE action if found.
HSE construction inspector James
Hickman, whose team covers south-west London, said: “The construction of
basements in London is increasingly widespread. Often it is carried out under
existing homes as owners seek to increase their living space without a house
move.
“The work is technically challenging and
can carry substantial risk. Standards are often poor and often vulnerable
sections of the labour market are recruited.
“Contractors are failing to appoint a
competent temporary works engineer to design suitable propping to support
excavations and existing structures. Likewise, on many projects basic
safeguards are missing, such as edge protection to prevent falls from height.
And all too often little thought is given to providing proper welfare
facilities for site workers.
“Where we find poor practice that is
putting lives at risk we will take action, including stopping work and
prosecuting those responsible.”
Waste company in court over worker’s death
A waste management company has been ordered to pay a total of £265,000, for safety failings after a worker was killed when he was struck by a vehicle at a waste transfer station.
Patrick Murphy, a 58-year-old father-of-two from Watford, who had worked as a groundsman at the site since 2004, was struck and run over by a JCB loading shovel as he was clearing litter at FCC Waste Services (UK) Ltd’s Waterdale Waste Transfer Station on 17 August 2012. He died at the scene.
The HSE prosecuted FCC Waste Services (UK) Ltd at St Albans Crown Court after an investigation found the company failed to organise and control the workplace to ensure that pedestrians and vehicles could circulate and operate safely.
The court heard that the site handled household waste and material for recycling which was delivered to the site by refuse collection vehicles. The vehicles would be driven across the manoeuvring yard, referred to as “the apron”, to a large warehouse known as the tipping hall. There were also two loading shovels operated by FCC staff working on the site, moving the tipped waste around and it was one of these which struck and killed Mr Murphy whilst he was litter-picking out on the apron.
FCC Waste Services (UK) Ltd, of Ground Floor West, Northampton Business Park, Northampton, was fined a total of £200,000 and ordered to pay costs of £65,000 after pleading guilty to breaching Regulation 4(1) and Regulation 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 and to breaching Regulation 5(1) of the Management of Health & Safety at Work Regulations 1999.
After the case, HSE Inspector Roxanne Barker, said:
“Mr Murphy lost his life in what was an entirely preventable tragedy caused by FCC Waste Services (UK) Ltd’s failure to fully recognise and control the hazards arising from activities in and around the tipping hall at its waste transfer station.
“There are significant risks associated with operating large construction type vehicles on waste sites, particularly when, as in this case, the vehicles have restricted visibility. These risks are well known and easily controlled using reasonably practicable precautions.
“Every year many people are killed or seriously injured in incidents involving workplace transport, and there is no excuse for companies that neglect this risk. Pedestrians, whether they are employees or not, should be kept separate from these types of vehicles through physical barriers or safe systems of work that are clear and well supervised.”
Transport firm fined after worker crushed between two
lorries
A Cheshire-based transport company has been fined
£500,000 after an Hull employee suffered horrific injuries when she was crushed
between two lorries.Warwick Crown Court heard that Jennifer Rose was lucky to be alive after the incident at Tip Trailer Services’ Griff Lane depot in Nuneaton on 9 April 2013.
Mrs Rose, 38, who now lives in Hull, broke 13 bones in her back, shoulders and ribs, and punctured a lung. The incident left her with severe head injuries, impaired vision and she required a tracheotomy. She suffered a cardiac arrest and was in intensive care for ten days.
Mrs Rose, who has a young son, needed to wear a body brace for four months and was confined to a wheelchair for some months although has since regained some mobility. She still requires weekly physiotherapy.
A HSE investigation found Mrs Rose was acting as a banksman, assisting a lorry driver to reverse park on a slope, at the time of the incident. The driver decoupled his trailer without engaging its parking brake, causing it to roll back and trap her between the two vehicles.
The investigation found TIP Trailer Services regularly allowed vehicles to park on a slope without the provision of chocks or similar devices. The company had no monitoring system to check whether drivers were applying their handbrakes properly.
The slope ended on a public road, so the risks were not just to pedestrians on site but also to passing pedestrians and drivers.
TIP Europe Ltd, of Market Street, Altrincham, Cheshire, trading as Tip Trailer Services, pleaded guilty to two breaches of Sections 2 and 3 of the Health and Safety at Work Act 1974, and was fined a total of £500,000 and ordered to pay a further £56,938 in costs.
Speaking after the hearing, HSE inspector Elizabeth Hornsby said:
“Mrs Rose suffered severe life-changing injuries. Her family was told she would not survive the night but due to her level of physical fitness and her sheer determination she has fought back and is now on the road to recovery.
“It was common practice for drivers to park on a slope within the compound, which should never have been allowed as it was inevitable that sooner or later a driver would fail to put on their handbrake. This totally avoidable incident could and should have been prevented with nothing more than common sense.”
Produce company in court after reversing forklifts
injure workers
An East Yorkshire produce company has been ordered to
pay more than £46,000 after two workers were seriously injured by reversing
forklift trucks in separate incidents at its vegetable processing factory.The first occurred at MyFresh Prepared Produce, at Chicksands, Bedfordshire, on 15 January 2014 as warehouse team leader Chris Bottesch, 43, of Flitwick, was talking to another forklift driver in the goods yard.
He sustained multiple fractures to his right leg, hip and foot after being trapped between two forklifts. He was forced to undergo surgery to have metal pins and plates inserted into his injured leg, and also suffered nerve damage that has left him with drop foot.
Mr Bottesch was off work for a year, before returning to an administrative role as his injuries meant he was no longer able to cope with the physical demands of his former position.
An investigation by the HSE into the incident found there were minimal restrictions on vehicle and pedestrian activity in the goods yard at Chicksands. There were no specified vehicle and pedestrian routes, despite the area being cluttered and busy, and the supervision of yard activities was found to be inadequate.
As such, Hessle-based MyFresh was served with an Improvement Notice to make changes to improve safety.
The notice required improvements to be made by 29 April, however, six days before the compliance date – on 23 April – there was a second incident in the same yard.
This time a 44 year-old quality control technician, from Bedford, who does not want to be named, was struck by a reversing forklift truck while inspecting raw material. He suffered a fracture to his lower left leg.
The court was told that both incidents could have been prevented had work in the goods yard, principally vehicle movements, been better controlled and managed.
MyFresh Prepared Produce Ltd, of Livingstone Road, Hessle, East Yorkshire, was fined a total of £38,000 and ordered to pay £8,320 in costs as well as a victim surcharge of £120 after pleading guilty to breaching sections 2(1) and 3(1) of the Health & Safety at Work Act 1974.
Outside court, HSE Inspector, Emma Page said:
“Prior to the two incidents, we identified evidence of near misses in the Chicksands goods yard that should have alerted MyFresh to the need to better manage the movement of people and forklift trucks.
“The risks were clear, but not enough was done to control them and Mr Bottesch was seriously injured as a result.
“The second incident happened while changes were belatedly being made to improve systems of work in order to comply with the Improvement Notice. However, the company had failed to identify quality control operatives as persons at risk. As a result they had not considered what controls might be necessary to separate these workers whilst they were carrying out their checks in the yard.
Toy firm and builder in court over warehouse roof death
A Lancashire-based toy distributor and a builder have been sentenced after a worker plunged to his death through a warehouse roof.
Craig Gray, 39, from Fleetwood, had been helping to clear debris from the roof when he fell nine metres through a fragile plastic panel at Halsall Toys Europe Ltd on 19 July 2012.
The company and builder David Plant were both prosecuted by the HSE, after an investigation found no safety measures had been put in place to make sure the work could be carried out safely.
Preston Crown Court heard debris had been washing down the roof and into the gutters, causing them to overflow into the warehouse below. Halsall Toys had arranged with Mr Plant, an unemployed builder, for the roof cleaning work to be done, but did not carry out any checks to make sure he was competent.
Mr Plant and Craig Gray climbed onto the roof, which covers 36,000 square feet, without any preparation work or planning having taken place in advance. They failed to use harnesses or any other equipment to keep them safe.
The men were four days into the project when Mr Gray stood on one of the clear panels, designed to let in light, which gave way sending him nine metres to the concrete floor below. He died at the scene.
Halsall Toys Europe Ltd pleaded guilty to a single breach of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of Mr Gray. The company, of Copse Road in Fleetwood, was fined £200,000 and ordered to pay £10,483 towards the cost of the prosecution.
David Plant, 60, of Shetland Road in Blackpool, was given a 6 month prison sentence, suspended for 12 months, after being found guilty of a breach of the Work at Height Regulations 2005 by failing to make sure the work was carried out safely.
Speaking after the hearing, HSE Inspector Allen Shute said:
“Craig Gray should never have been allowed onto the warehouse roof without being given suitable training and equipment, but both Halsall Toys and David Plant allowed his life to be put in danger.
“Halsall Toys hired Mr Plant to carry out the work despite him not having any previous experience of working on industrial roofs. The firm should have carried out checks to make sure the work would be carried out safely.
“Mr Plant also had a legal duty to make sure the right equipment was used for the job, whether it was using harnesses or simply placing covers over the fragile roof panels to remove the risk of them collapsing.
“Sadly incidents of workers falling through warehouse roofs are all too common, and its vital firms do more to make sure this kind of work is carried out safely and by competent people.
Boy, 4, died from massive head injuries after mirror fell on him in retail outlet
A four-year-old boy died from ‘devastating’ head injuries when an unstable shop mirror fell on him, an inquest heard.
Austen Harrison, of Turners Hill, West Sussex, was playing with a heavy fitting-room mirror while his father tried on a suit at a Hugo Boss shop when it toppled over and crushed him.
He underwent an emergency operation to relieve pressure on his brain following the incident in Oxfordshire, but died four days later in hospital after life-support was switched off.
An inquest into his death at Oxford Coroner's Court heard that the mirror was not fixed to the wall and that its free-standing position meant it could easily overbalance.
Austen was with his parents, Simon and Irina Harrison, when the incident happened at the Bicester outlet village at around 8.30pm on June 4, 2013.
In evidence read to the jury of seven men and two women by Darren Salter, the senior coroner for Oxfordshire, Mr Harrison said the shop was not busy when they arrived and that he tried on a number of suits and jackets while his wife and son wandered around.
As he tried on various suits Austen came in to the changing area and began looking at himself in a large mirror and playing with its large winged sections, attached to the main mirror with hinges.
Mr Harrison, a mechanical aerospace engineering consultant, said he moved the mirror's wings himself as he looked at a suit, moving them out to an angle of about 45 degrees.
He said: ‘I didn't have any concerns because I assumed they would be fixed to the wall. I couldn't think of any reason why such a large mirror wouldn't be fixed to the wall.’
But as he tried on another suit and walked to his wife to try on a tie, they heard an extremely loud bang, ‘as if something had fallen over’, and someone gasp.He said: ‘I didn't have any concerns because I assumed they would be fixed to the wall. I couldn't think of any reason why such a large mirror wouldn't be fixed to the wall.’
He said: ‘I instantly knew Austen was lying underneath it, as it was not lying flat on the floor.’
Mr Harrison went straight over and lifted the mirror from his son, who was lying motionless. He said: ‘He was lying face up with his legs straight out and his arms by his side.’He carried his son into the main part of the shop, where an off-duty doctor assisted, but after he was taken to John Radcliffe Hospital in Oxford he underwent emergency surgery for swelling to his brain.
Doctors told the family Austen would not recover from the ‘irreversible’ brain damage. Life support was switched off and he died at 5.45am on June 8.
In his statement, Mr Harrison told the inquest that while his son was in hospital he went back to the shop and told managers he was in a critical condition.
Mr Harrison said he asked the manager if he had viewed the CCTV footage, and was told it showed Austen pulling the mirror off the wall.The inquest continues.
