Double prosecution after worker’s fatal fall

A roofer and a national timber supplier have been sentenced for serious safety breaches after a labourer plunged more than eight metres to his death at a site in North London.

Andrew Ward, 44, from South East London, was fatally injured on 22 May 2012 when he fell through a fragile roof at Howarth Timber’s site in Bruce Grove. At the time, he was working for roofer and builder Paul Hardy, trading as Hardy Construction.

The HSE prosecuted both Leeds-based Howarth Timber and Paul Hardy, from Kent, after an investigation exposed dangerous failings in the planning and execution of the work.

Southwark Crown Court heard that Howarth Timber had hired Paul Hardy to fix a leaking cement roof at the site. However, the company failed to check Mr Hardy’s competence before work began or properly assessed the risks associated with the job.

Paul Hardy didn’t plan the work adequately and failed to provide a risk assessment or method statement detailing how he would carry it out. Instead of making sure there was safe access to the roof, he provided an incorrectly-erected tower scaffold and an untied ladder. He also failed to provide a suitable working platform, covering or guardrails despite the work being carried out near a fragile roof.

Paul Hardy was sentenced to four months in prison suspended for 12 months and fined £3,000 with £11,756 in full costs after admitting breaching Section 3(2) of the Health and Safety at Work etc Act 1974.

Howarth Timber Building Supplies was fined £93,750 and ordered to pay full costs of £12,580 for a breach Section 3(1) of the same Act. Both parties had pleaded guilty at earlier hearings.

Investigating HSE inspector Chris Tilley said:

“Falls through fragile roofs are sadly all too common but this tragic incident could have been avoided if adequate checks had been carried out on the contractor’s competence, the work been planned properly and carried out with the correct equipment.

“The dangers of working at height are well-known in the construction industry and guidance is widely available. The work here should ideally have been undertaken without the need to directly access the roof, for example by using a Mobile Elevated Working Platform, or, if that is not possible, with safety measures to minimise the risk of falling such as or netting, crawling boards and fall arrest harnesses.

“Falls from height continue to be the most common cause of fatality to workers and accounted for 29% of deaths reported to HSE in 2013/14 – meaning that 19 workers lost their lives in falls that were avoidable.”
 

Home builder in court for platform collapse

A national home builder has been fined for safety failings after a bricklayer was badly injured in a three metre fall when a temporary platform collapsed.

Daniel Kersey, 64, from Royal Wootton Bassett, fractured vertebrae and sustained deep cuts and bruising in the incident at the Mitford Fields development in Reading on 5 August 2013.

He was working on a platform over a stairwell that was loaded with almost 70 concrete blocks. They crashed to the floor below with him when it gave way.

Newcastle-based Bellway Homes Ltd was sentenced after an investigation by the HSE identified concerns with the management of temporary works at the site.

Reading Crown Court heard that Mr Kersey was working on the last of 64 Bellway properties at Mitford Fields, and that the platform and methods used were consistent with others across the new build development.

However, HSE inspectors established that the platform wasn’t built to an approved design or checked for stability prior to being used. It was structurally unsound and the weight of the blocks combined with Mr Kersey was too much, causing it to fail.

The bricklayer was unable to work for several weeks as a result of his injuries and has been left with regular back pains. He is also unable to lift heavy weights since the fall.

The court was told it was the second time that HSE has prosecuted Bellway Homes for failings with temporary works. The company was also fined in April 2014 following an incident in December 2012 where a sub-contractor fell through a stairwell when a temporary handrail gave way at a site in Shiremoor, North Tyneside.

Bellway Homes Ltd, of Dudley Lane, Seaton Burn, Newcastle, was fined a total of £35,000 and ordered to pay a further £14,520 in costs after pleading guilty at an earlier hearing to two separate breaches of the Construction (Design and Management) Regulations 2007.

After the hearing, HSE inspector Dominic Goacher commented:

“The need to plan, manage and monitor temporary works on construction sites is well documented, yet despite this, and the earlier prosecution, Bellway Homes failed to implement an effective system for monitoring platforms and the like throughout the lifetime of the Mitford Fields site.

“Bellway Homes is the fourth largest house builder in the UK and it would be expected the company has enough knowledge and experience to have been able to put proper controls in place.

“Mr Kersey was left in considerable pain as a result of the fall, but could easily have been killed, either by the impact or the concrete blocks as they rained down around him.”
 

Contractor in court after section of roof fell on worker

A construction contractor has been fined for serious safety failings after part of a roof fell on a worker during demolition.

Peter Mullen, then 68, suffered severe injuries in the incident on 21 February 2013 as he helped demolish a chalet at Turnberry Holiday Park in Girvan.

Ayrshire Sheriff Court was told that Mr Mullen, an employee of John Gordon Black, trading as J B Black Construction Services, was tasked with two other employees to demolish a single story timber framed chalet which had been the park’s former reception.

On the day of the incident, under the instruction of John Gordon Black, Peter Mullen along with two colleagues started demolishing the chalet. They used hand tools and did not have or use any props or supports for the task. They removed the doors and windows as well as a wall at the rear of the chalet.

Later that day Peter Mullen was in front of the chalet, picking up waste from the ground and taking it to a skip while his colleagues were standing nearby. As Mr Mullen walked towards the skip, the front roof section of the chalet fell suddenly forward over the remaining part of the front wall of the chalet, which also collapsed beneath it. The two colleagues ran to the rear of the building and jumped out of the way of the collapsing roof, which had slid forward 2.5 metres. The collapsed roof section, weighing around 600kg, came to rest on top of Mr Mullen trapping him there.

Several people including tree fellers who were on site came to help lift the roof off Mr Mullen who was taken to hospital with ten broken ribs, a broken left shoulder blade, a collapsed lung, a tear in his spleen and severely bruised kidneys. He spent four months in hospital and still suffers pain as a result of his injuries.

An investigation by the HSE found that John Gordon Black had failed to assess the risk of the chalet having an unplanned structural collapse before the demolition work began and subsequently failed to plan the work properly.

There was also no written arrangement for carrying out the demolition work, as required under Regulation 29 of the Construction (Design and Management) Regulations 2007 for this type of work and there was no exclusion zone around the demolition area meaning the workers had to work within the footprint of the building and on top of the roof as they were demolishing it, clearly exposing them to risks to their safety.

The partially collapsed chalet was ultimately demolished using a long reach excavator, without the need to have workers or others exposed to risk during the demolition.

John Gordon Black, trading as J B Black Construction Services, of Bairdsmill, Crosshill, Maybole, was fined £2,660 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

Following the case, HSE inspector Moira Jennings said:

“This was an entirely avoidable incident. The risks associated with demolition activity are well known and long standing. Demolition, dismantling and structural alteration are high risk activities which require careful planning and execution by contractors who are competent in the full range of demolition techniques.

“In this case, demolition using hand tools meant workers were unnecessarily exposed to the risk of structural collapse. It would have been safer to use a long reach excavator, which was subsequently brought in to complete the demolition following the incident.

“Ultimately, the system of work planned by John Gordon Black was unsafe, resulting in severe injuries which still affect Mr Mullen today.”

 Fuel firm fined £20,000

A fuel supply business has been sentenced after one of its workers was injured after being struck by a vehicle in a works yard.

D A Roberts Fuels Ltd of Grindley Brook, Whitchurch, Shropshire, pleaded guilty to safety failings after the incident at the premises in 19 February 2014.

Shropshire Magistrates’ Court heard the employee was tasked with clearing out the drains in the yard shared with an adjacent business. As he was kneeling to clean out a drain he was struck by an approaching vehicle, driven by the employee of the adjacent company, and suffering injuries including a bone fracture to the neck.

DA Roberts Fuels Ltd was fined £20,000 with costs of £2,989 after pleading guilty to breaching Regulation 2(1) of the Health and Safety at Work etc. Act 1974.

The HSE, prosecuting, told the court the defendant had not provided a safe system of work, as there were no barriers to segregate the work area, no signage was used to warn people of the work and no consideration had been given to performing the work when vehicles were not moving.
 
Health & Safety Myth Busters:

DIY Store unable to give customer product advice
Issue
The enquirer was in a DIY store and asked for some advice on which spotlights to buy as her electrician had given her a connection block size and she wanted to know where to look for the connection box. She also wanted some general advice on what the difference was between various spotlights on the shelf. The store assistant said he could not give any advice due to health and safety because if he did and then the enquirer relied on it and something went wrong he would be liable.
Panel opinion
Nothing in health and safety at work regulations prevents shop assistants providing product information. This company has a general policy that staff do not give detailed advice on matters that they feel are technical in nature unless they are trained to do so – but they do employ an electrician part-time in store to do this. Instead of explaining this policy or involving the electrician, the assistant gave the less than illuminating excuse of ‘health and safety’

Current users of a gym need to undertake a fee paying induction programme

Issue
Enquirer lives in an apartment block that has its own gym. A new fitness firm has taken over the running of the gym and has sent a legal document to all owners and residents stating that it is a requirement under health and safety regulations that all users of the facility have to undertake the firm’s fee paying induction programme or they are not allowed to use the gym. When the enquirer challenged the "requirements" he was told it was designed to protect them from being sued.
Panel opinion
"Health and safety regulations" do not require users to undertake induction training on gym equipment. While it is useful for new users, insisting that existing customers pay for induction training on equipment they are already familiar with is excessive. This appears to be about a fear of being sued rather than a decision based on real health and safety risks. The company should be honest about the reasons for insisting on the training rather than using "health and safety regulations" as an excuse.

 

Woman crushed by 4 tonne digital advertising board

A pedestrian was trapped under a large hoarding that fell on her in Tooting, South London on the 12^th May. 

The woman was walking to work when the 20ft wide digital advertising board weighing 4 tonnes fell onto her.  The advertising board had been installed very recently.

The woman was taken to hospital by ambulance, and has been treated for non-life threatening leg and hip injuries.

It is not known why the billboard fell off the side of the building, but owners Clear Channel are investigating.

Clear Channel are now reviewing the 39 other digital signs that were rolled out towards the end of last year over concerns of their safety.

The incident has been referred to the HSE.

Firm in court after workers potentially exposed to asbestos

A laboratory design and installation specialist has been fined after exposing workers, pupils and teachers to asbestos material at a school.

The incident in July 2012 occurred during refurbishment work to modernise parts of Newmarket College School’s Science block. During the work, managed by Labform Ltd, sub-contractors disturbed asbestos as they were removing a wall and channelling the floor.

The Cheshire firm was prosecuted at Ipswich Magistrates Court on Tuesday 12 May after an investigation found that the company had not arranged for a detailed Refurbishment and Demolition Asbestos Survey to be undertaken, as was required.

Labform Ltd, of Lymm, Cheshire, was fined £22,400 and ordered to pay £11,741 in costs after pleading guilty to four breaches of the Control of Asbestos Regulations 2012.

Speaking after the hearing, HSE Inspector David King said: “Exposure to asbestos fibres is a serious and well known health risk, so it is essential that duty-holders take suitable and sufficient measures to prevent the disturbance, spread and exposure to asbestos.

“Failing to take action to identify asbestos while planning work, and to ensure that any contractors who may disturb asbestos are aware of the location and type of asbestos present, and not taking appropriate measures to protect the health of others, is totally inexcusable.”

Plastics firm fined for failing to maintain workers insurance

Merlin Mouldings (Hednesford) Ltd have been fined for failing to have Employers Liability Insurance for its workers in place.

Despite repeated warnings and reminders from HSE the company failed to have insurance in place, despite it being a legal requirement.

The company of Rugeley Road, Hednesford were sentenced in their absence by Stafford Magistrates Court on Wednesday 13 May 2015 and fined £2,500 for breaching the Employers Liability (Compulsory Insurance) Act 1969. They were also ordered to pay costs of £3,191.80 and a victim surcharge of £120.

Firm sentenced after worker hit by lorry
A Carlisle man suffered serious injuries when he was run over by the cab of an articulated lorry in a haulage yard where he worked.

On Tuesday 13 May 2015, Carlisle Magistrates’ Court heard Graham Robinson was working as a transport manager for The Haulage (Holdings) Organisation Ltd, which is the transport arm of the Omega Proteins business, at the company’s site at Quarry Garage, Stainton on 30 April 2014.

Mr Robinson was walking from the site office building to the car park while HGV vehicles belonging to the company were operating in the yard. He would normally have walked along the side of the yard to reach the car park but was unable to do so because there was a shallow trench across this route and also a HGV and trailer parked on it.

The trench had been dug to make repairs to a diesel pipe and had been marked with cones with tape strung between them. It blocked the normal pedestrian route and no alternative route was provided by the company.

The lorry knocked Mr Robinson to the ground he was trapped beneath the vehicle’s fuel tank, colleagues had to use a JCB to lift the HGV sufficiently to free him. He suffered two broken toes, a tendon in one foot was stretched and his legs were heavily bruised. 

Although the trench caused the immediate problem on the day of the accident, the court was told there was no effective demarcation or segregation of pedestrian and vehicle areas and routes in the busy haulage yard, such as railings and marked pedestrian crossings.

After the hearing, HSE inspector Matthew Tinsley said: “This accident could easily have been fatal. As it is Mr Robinson is still experiencing lingering difficulties with one ankle and both knees that impact on his daily life and he may require surgery. The accident could have been prevented if the company had taken simple steps to keep pedestrians and vehicles apart in the yard, as they did after the accident.”

The Haulage (Holdings) Organisation Limited of Swalesmoor Farm, Halifax, West Yorkshire, pleaded guilty to breaching Section 33 (1) of the Health and Safety at Work etc and was fined £20,000, with costs of £1,878.50.

Scaffolder fined for unsafe working at height
Michael Alldis trading as Southern Tube Scaffold of Crawley has been prosecuted after workers were put at risk during refurbishment work.

Following a complaint from a member of the public, HSE visited the site at Upper High Street Winchester on 18 December 2013, where Michael Alldis was contracted to provide a four lift scaffold and temporary roof for on-going refurbishment work to a property. 

On Thursday 14 May 2015, West Hampshire Magistrates Court heard that no guardrails, harnesses or any other fall mitigation equipment was in place to protect workers on the roof from the risk of falling. Items from the roof were also being removed in an unsafe manner potentially putting members of the public at risk.   

Michael Alldis trading as Southern Tube Scaffold pleaded guilty to breaching regulation 4(1)(a) and 6(3) of the Work at Height Regulations 2005 and was fined a total of £18,000 and ordered to pay full costs of £1907.50.

After the hearing HSE Inspector Adam Wycherley said: “Although Mr Alldis was an experienced scaffolder, in this instance the standards of safety that he endorsed on site fell well below those expected during the dismantling of a scaffold.

“Falls from height remain the most common form of workplace fatality – there is no excuse for not planning work at height properly or ensuring the appropriate safety equipment is used, the Scaffolding industry are well aware of the risks involved and the methods which should be put in place to manage these risks.”
 

Myth Busters

Clothes store staff not allowed scissors at the counter
Issue
Enquirer and their girlfriend were shopping in a chain clothing retail store. She bought a blazer and wanted to wear it home so asked for scissors to cut the tag off but was advised that for 'health and safety' reasons they were no longer allowed to keep scissors at the counter.
Panel opinion
This is a clear cut example of poor customer service hidden behind a health and safety excuse. The retailer has now confirmed that there is no company policy banning scissors in store. Scissors are an everyday object and the risk of harm from using them to remove tags is minimal

Consultants and Letting Agents misinterpreting the risks of exposure to legionella of their tenants

Issue
Consultants and letting agents are i) using the revised L8 ACOP to infer there is new legislation regarding landlords responsibilities and ii) misrepresenting what the law requires of landlords of domestic rented properties in relation to assessing and controlling the risks of exposure to Legionella bacteria of their tenants, for financial gain.
Panel opinion
Health and Safety law does not require landlords to produce a ‘Legionnaires testing certificate'. Legionella testing is required only in exceptional circumstances and generally not in domestic hot and cold water systems. Such letting agents and consultants are scaremongering landlords, for financial gain, by misinterpreting and exaggerating the legal requirements to manage and control legionella in domestic premises.

 

 

 

 

House under construction collapses

The entire second floor of an end of terrace house under construction has collapsed to first floor level in West Ealing.

Firefighters and the brigade’s Urban Search and Rescue crews were called to the scene to search the building for any casualties.

Station Manager Chris Frewin said: “The USAR team have rescued a man who was trapped and he is being treated by the London Ambulance Service. Another man has also been treated for minor injuries.”

Fire engines from Southall and Ealing fire stations and fire rescue units from Battersea and Croydon fire stations all attended the scene. 

Health and safety concerns lead to improvement notice for large company

Health and safety concerns at Nestle’s factory have led to the company being given an improvement notice.

Inspectors from the HSE found issues with the way fire alarms were raised at Nestle and discovered a lack of signage pointing towards emergency escape routes.

They also saw a lack of adequate control on vehicles and people moving around the site, and said that areas of the construction site at the coffee factory were not kept in good order.

A spokesman for Nestle said: "Quality and safety for our consumers and valued workers is Nestle's top priority. We carried out a full review of controls in place to manage the issues raised. Following the improvements, issues raised were all promptly closed by the HSE".

Firm failed to protect worker from hazardous substances

Macfarlan Smith Limited of Edinburgh pleaded guilty to safety failings after an employee was exposed to hazardous substances.

The company, that manufactures basic pharmaceutical products, appeared at Edinburgh Sheriff Court and was fined £27,000 after pleading guilty to breaching Section 2 of the Health and Safety at Work etc. Act 1974.

The court heard that between 6 April 2004 and 28 January 2010, the company failed to review and ensure the health, safety and welfare of their employee, Michael Halpin.

Mr Haplin continued to work with 14-Hydroxycodeinone and other hazardous substances, such as Oxycodone after he had been diagnosed with allergic contact dermatitis as a result of the exposure. Despite advice from a medical professional, Mr Haplin continued to work with both substances which resulted in him suffering from an adverse health effect, namely skin sensation.

After being employed by Macfarlan Smith Limited for approximately 17 years, Macfarlan Smith Ltd considered it impossible to redeploy Mr Halpin to suitable alternative duties due to his sensitisation, and his employment was terminated on 31 December 2010 on grounds of capability.

Waste firm fined after worker suffered life changing injuries in fall

Waste and recycling services company Veolia ES Staffordshire Ltd (part of Veoila UK group) have been prosecuted after a worker suffered life changing injuries when he fell more than 8 feet from height.

On 2 May 2014 the worker, who does not wish to be named, fell from the unprotected edge of a ‘grizzly conveyor’ at the firm’s site on Enterprise Drive whilst clearing items caught on the conveyor’s forks.

Veoila ES Staffordshire Ltd of London pleaded guilty at Stafford Magistrates court to breaching Regulation 6(3) of The Work at Height Regulations 2005 and Regulation 3(1) of The Management of Health and Safety at Work Regulations 1999 and were fined a total of £16,600 and ordered to pay £1,773.15 in costs with a victim surcharge of £120.

Speaking after the hearing HSE Inspector Katherine Blunt said:

 “This incident was entirely preventable, clearing the conveyor in this way was a routine part of the job but no risk assessment had been carried out. If it had it would have been obvious edge protection was essential.

” The injured worker is still suffering from his injuries now and has only been able to return to work on limited duties.
” Falls from height are the most common cause of serious injury and fatalities in the workplace, it’s imperative that risk assessments are carried out and suitable control measures are put in place to eliminate or reduce the risks”.

Contractor fined for potential asbestos risk

The leaseholder of a restaurant has been sentenced after illegally removing asbestos from the building putting people at risk of exposure.

Aman Ullah was in control of construction work which included the removal of asbestos insulation board soffits from the premises which was being refurbished. The asbestos insulation board was removed in an uncontrolled manner with no controls to prevent the spread of asbestos fibres.

A Prohibition Notice was served preventing any work near of the removal of the material except by a licensed contractor. Mr Ullah failed to comply with the Prohibition Notice. 

North Somerset Magistrates’ Court heard that HSE found that Mr Ullah failed to take suitable measures to prevent the spread of potentially deadly asbestos fibres as the asbestos was removed in an uncontrolled manner and then left at the side of the building and in an area which members of the public had access.

The court was told the nature of the work meant that the asbestos should have been removed by a licensed asbestos removal contractor.

Aman Ullah, 54, of Oldbury Court Road, Fishponds was fined a total of £10,000 and ordered to pay £5,000 in costs and a £500 victim surcharge after pleading guilty to two breaches of the Control of Asbestos Regulations 2012 and The Health and Safety at Work etc Act 1974.

Failure to Comply with Prohibition Notice under the Health and Safety at Work Act 1974 section 33(1) (g).

Failure to reduce to the lowest level reasonably practicable the spread of asbestos (Control of Asbestos Regs 2012 Reg 16).

Speaking after the case HSE inspector Kate Leftly said:

“Asbestos is the single greatest cause of work-related deaths in the UK, with some 4,500 deaths each year due to asbestos-related diseases, as well as many serious illnesses.

“For this reason, work with asbestos requires a high degree of regulatory control to ensure it is carried out safely. Mr Ullah decided to ignore the fact an asbestos licence was required to undertake this work and his actions not only put those working on site and members of the public at risk.” 

Skip Hire firm fined over fork lift truck injuries

Waste Away Skip Hire (Liverpool) Ltd and its Director, Leanne Koo, pleaded guilty to safety failings at South Sefton Magistrates Court.

On 16 April 2013, a full time employee of Waste Away Skip Hire (Liverpool) Ltd, was struck by a reversing fork lift truck and dragged under a rear wheel whilst he was picking through waste materials causing severe crush injuries to his leg and chest.

A safe system of work was not in place, and a risk assessment had not been carried out which should have identified the need to segregate pedestrians and vehicles within the workplace. The fork lift truck did not have any audible warning siren or beacon for reversing or wing mirrors and the rear window of the machine was dirty except for the area covered by wipers. The truck had not been subject to a thorough examination by a competent person as per the Lifting Operations and Lifting Equipment Regulations 1998 within the previous 12 months.

The employee suffered serious injuries including broken ribs, a snapped pelvis, a punctured lung and the removal of his spleen as a result of the accident.

Waste Away Skip Hire (Liverpool) Limited of Canada Dock Railway Sidings, Regent Road, pleaded guilty to breaching Section 2(1) of Health and Safety at Work etc Act 1974 and was fined £14,000 plus £1791.50 costs and a victim surcharge of £120.

Leanne Koo, Director of the company, pleaded guilty to breaching Section 37 of the Health and Safety at Work etc Act 1974 and was fined £1,000 plus £387.50 costs and a victim surcharge of £120.

Roofing firm fined after worker suffered life changing injuries

A roofing company has been prosecuted after a roofer fell from a low roof and suffered life changing injuries.

Thirty seven year old Chris Jones from Colwyn Bay, was employed by NRS Specialist Services (North Wales) Ltd to work on re-covering the roof of a single story outhouse in Maes y Llan, Dwygyfylchi, on 11 December 2013 when he fell nearly 2.5 metres to the ground.

Mr Jones broke his hip and his left leg in six places and has not been able to return to work.

NRS Specialist Services (N. Wales) Ltd, of Warren Road, Deganwy, pleaded guilty at Llandudno Magistrates Court to a breach of Section 2 (1) of the Health & Safety at Work etc. Act 1974 and were fined £7,500 and ordered to pay £5725.22 in costs.

 After the hearing, HSE inspector Chris Wilson said:

 “Chris Jones suffered major, life-changing injuries and there was a real possibility that the fall could have proved fatal.

 “Falls from height are the biggest cause of workplace deaths and it’s crucial that employers make sure work is properly planned, appropriately supervised and that sufficient measures such as edge protection are put in place to control the risks of harm from falls.

 “Contractors must ensure that for even relatively small-scale jobs where there is a risk of a fall from height that adequate safeguards are in place. In this case this could have readily been achieved by the use of temporary scaffold edge protection around the perimeter of the roof”.