Risk, Health and Safety Information

Construction firm fined after worker killed

A construction firm has been sentenced for serious safety failings after a worker was crushed to death when a 1.6 tonnes frame fell onto him during construction of a steel stair tower.

Daniel Hurley, then aged 31 years, was employed as a ground worker by a company sub-contracted by Morris & Spottiswood to work on a major development of flats and houses in Maryhill, Glasgow.

Glasgow Sheriff Court heard that Mr Hurley had been operating a ‘whacker’ machine to compact hard core next to an area where the structural steelwork for a stair tower was being erected on the site.

But after the steel frame had been lowered into position and the lifting chains released, it then began to tilt and fall towards Mr Hurley, pulling three anchor bolts clear out of the ground, while the fourth was snapped in half.

One of the steel erectors shouted a warning and Mr Hurley began to run, but he was struck by the top beam of the frame across his shoulders and neck forcing him down onto the ground and causing fatal crush injuries.

The incident, on 15 October 2009, was investigated by the HSE and Police Scotland, which found serious safety failings in the way Morris & Spottiswood Ltd as principal contractor had managed the project.

The court was told that the steel fabrication company sub-contracted to design the steelwork and a second company commissioned to erect it, were also both found to be at fault but had since ceased trading.

The investigation found that remaining foundation resin anchor bolts installed by Morris and Spottiswood Ltd were so poorly installed that they could be moved by hand and one was so loose that it was pulled out of the concrete foundation by the investigating inspector. The failure to check the bolts capacity by the sub-contractors combined with the chosen method of erection had contributed to the cause of the fatal collapse.

Morris & Spottiswood had failed to review the risk assessments and method statements submitted by the steelwork sub-contractor for the task and had failed to establish and maintain an exclusion zone around the steelwork while erection was being carried out.

Following the incident, Morris & Spottiswood Ltd contracted a specialist company to replace all of the anchor bolts they had previously installed for this phase of the project. Metal fence panels available on site were also used to create exclusion zones around any remaining steel erection works.

Morris & Spottiswood Ltd, of Helen Street, Glasgow, was fined £200,000 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974.
 

Scaffolding company and client fined for unsafe practices

A property developer and the firm it contracted to erect scaffolding, have both been fined for safety breaches.

Chart Forte Court (West Ealing) Limited (CFC) was the client for the refurbishment of a building into a hotel. They contracted LS Scaffolders to erect the scaffold on the site before appointing a principal contractor to work on site, and by doing so CFC took the role of principal contractor themselves.

Hammersmith Magistrates’ Court heard how officers from Ealing Council observed very unsafe practices during the erection in November 2013 and asked the workers on site to stop before referring the matter to the HSE.

A Prohibition Notice was then served on LS Scaffolding by HSE.

The fact that work on the scaffold had now been prohibited meant that concerns arose in relation to the stability of the partially completed structure. Ealing Council Building Control were asked by the HSE to inspect the scaffold and duly served a Dangerous Structure Notice on Chart Forte Court (as owner of the site) requiring them to make safe or take down the scaffold by 18^th December 2013. 

However, before the scaffold could be taken down, the two companies involved would have to satisfy the HSE that this could be completed with a safe system of work in place, to be followed by competent scaffolders.

Despite being told by HSE the fact that that no such reassurance had yet been given to the HSE, LS Scaffolding proceeded to take the scaffold down anyway over the weekend of 15 December 2013.

It was being dismantled so unsafely on a busy high street full of shoppers, that members of the public asked the police to intervene, which they did.

When HSE arrived the following day, most of the scaffold was down but another Prohibition Notice was served as workers were still at risk of falls.

Chart Forte Court (West Ealing) Limited of Ashtons Road, Northwood pleaded Guilty to Regulation 22(1) (a) of the Construction (Design & Management) Regulations 2007 and were fined £18,000 with costs of £932 and a victim surcharge of £120.

L S Scaffolding Limited of Vicarage Farm Road, Hounslow pleaded guilty to Regulation 4(1) of the Work at Height Regulations 2005 and were fined £18,000 with costs of £964 and a victim surcharge of £120.
 

Firm fined after worker injured in fall

A London firm specialising in bespoke staircases has been sentenced for safety failings after a worker was injured when the personnel cage he was working in was knocked to the ground by an overhead crane.

The 30-year-old man, from Wembley, had been replacing and cleaning light fittings in the workshop of Elite Metalcraft Co Ltd in Walmgate Road, Perivale, London when the incident happened on 12 September 2014.

The personnel cage was knocked over by the overhead travelling crane and the worker was thrown from it, landing on the ground. He suffered severe cuts to his head, arms and right leg and was off work for three weeks. He has since recovered but still has scarring on his arms and leg.

The HSE carried out an investigation into the incident and prosecuted his employer Elite Metalcraft Co Ltd for safety failings.

Westminster Magistrates’ Court heard that the worker was cleaning the light fittings and replacing bulbs from a personnel cage raised on a lift truck, driven by a supervisor.

At the same time steel was being moved from one area of the factory to another using the overhead travelling crane. However, while one of the pieces of steel was being moved the crane came into contact with the personnel cage and knocked it over.

The court was told that the company had failed to properly plan and supervise the work to ensure it was carried out safely. In addition the company had previously been given advice from HSE about the safe use of personnel cages, in particular the need to consider hazards from the overhead cranes.

Elite Metalcraft Co Ltd, of Chamberlayne Road, London was fined £9,000 and ordered to pay costs of £1,563.72 after pleading guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. 

Roofer in court after workers potentially exposed to asbestos

A roofer has been fined after exposing workers, and the home owners, to potentially deadly asbestos fibres at a domestic property in Suffolk.

On 6 August 2014, David Cummings, t/a Cummings Flat Roofing, was commissioned to repair and re-roof a porch in Martlesham, Suffolk.

During the re-roofing work, his employees disturbed an asbestos insulation board as they were removing the underside of the porch canopy.

The HSE found that Mr Cummings had not arranged for a Refurbishment and Demolition Asbestos Survey for the job to determine if asbestos was present, and if so the type of asbestos present in the porch.  This was despite the homeowner advising Mr Cummings that he believed his porch contained asbestos.

As a result, Mr Cummings’ employees were unaware of the presence of the asbestos insulation board before starting work and potentially exposed the homeowners, and themselves, to asbestos fibres.

In addition, workers did not remove the asbestos insulation board in an appropriate manner, causing a significant amount of breakage to the board, and heavily contaminating the garden with asbestos fibres. As the workers did not control access to the area, asbestos fibres were liable to have been carried into the family’s home.

Mr Cummings, of Kesgrave, Ipswich, was fined £12,000 and ordered to pay £1,200 in costs plus a victim surcharge of £120 after pleading guilty to three breaches of the Control of Asbestos Regulations 2012.