Risk, Health and Safety Information

Construction firm fined after workers injured 

A firm has been sentenced for safety failings after four workers were injured, one of them seriously, when a roof truss in a new extension collapsed during construction.

Four men working on the extension were caught in the collapse at premises in Coventry on 26 June 2014.

One man was trapped by his legs, two suffered minor injuries and the fourth, suffered severe grazing and a fracture to his lower spine which led to many painful months off work.

The principal contractor for the project was DP Designs Ltd who was prosecuted for safety failings following an investigation by the HSE.

The court heard that due to an omission during the planning and procurement process of the project, a critical structural truss had been overlooked. This led to the workers attempting to install the trusses in an unstable manner, but as soon as they realised it was an issue they stopped working in that area.

However, the following day, one of the trusses broke, causing a domino effect as several other trusses collapsed above the area where the men were working.

The investigation found that had the work been properly planned, organised and monitored, the collapse would not have occurred. Also, if appropriate fall prevention measures had been implemented correctly, the outcome would have been less severe.

DP Designs Ltd of Bromsgrove, Worcestershire, was fined a total of £24,000 and ordered to pay costs of £1,106.15 after pleading guilty to two offences, one breach of Regulation 25(1) of the Construction (Design and Management) Regulations 2007 and the other a breach of Regulation 6(3) of the Work at Height Regulations 2005.
 

Company in court after worker crushed under forklift truck 

A transport and storage firm has been prosecuted after a father-of-two died when a metal frame being loaded onto a lorry trailer fell on top of him.

Jonathan Newham, 52, of Skegness, died in hospital from head and chest injuries following the incident at George H Kime and Co Ltd in Wrangle, near Boston, Lincolnshire, on 10 July 2012.

The incident was investigated by the HSE and the company was charged with serious safety breaches.

Lincoln Crown Court heard that George H Kime and Co Ltd had transported a consignment of goods from Wiltshire to Wrangle in readiness for the items to be auctioned in Skegness.

Mr Newham and a colleague were using forklift trucks to move the goods, which were not on pallets, from the trailer to a second vehicle, as the trailer was needed elsewhere.

Mr Newham had moved a large metal-wheeled chassis, also known as a ‘dolly’, from the first trailer. His colleague then attempted to load the dolly onto the second trailer.

For unknown reasons, Mr Newham climbed onto the second trailer. As his colleague loaded the dolly onto the trailer with the forklift, it fell off the tines of the forklift truck, trapping and fatally injuring Mr Newham underneath.

HSE’s investigation identified that George H Kime and Co Ltd had failed to ensure the safety of their employees during the movement of the metal dolly. They had failed to plan and supervise the lift and there was no safe system of work in place for the movement of loads not placed on pallets. The forklift truck drivers were trained and competent to move items on pallets.

The court heard the Company should have made sure there was someone in charge who was qualified to plan the lift to ensure it was suspended securely, and to ensure that the item could be safely placed down after being moved. A properly planned and supervised lift would have resulted in the risks being identified and controlled and exclude people from the area. The court heard that whilst the company had some procedures in place, the absence of strong management systems meant that the Company was complacent about the risks and failed to ensure that the procedures were followed.

George H Kime and Co Ltd of Main Road, Wrangle, was fined £125,000 and ordered to pay £61,935 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

Firm fined after worker fell from scaffolding 

Roger Smith Installations Ltd of Warwickshire has been prosecuted after a worker fell four metres causing bleeding on the brain, damage to his lungs and ribs.

The incident happened at Stirling Avenue, Cubbington on 3 April 2014, when an employee of the company fell whilst working on a soffit and fascia installation. The platform he was working on fell from the ladder brackets which were supporting it. As a result the worker was badly injured.

On 16 June 2015, Nuneaton Magistrates Court heard that HSE’s investigation found that the equipment the company provided was not adequate. The equipment was being used with no guardrails, no toe boards were provided, and the equipment was not installed in line with the manufacturer’s instructions.   

Roger Smith Installations were found guilty of breaching regulation 4(1) of the Work at Height Regulations 2005 and was fined a total of £10,000 and ordered to pay full costs of £1,229 and a victim surcharge of £120.

 

Recycling company fined after worker loses arm 

A national recycling firm has been fined for safety failings which resulted in an agency worker losing his arm.

Philip Grace, age 43, of Liverpool, lost part of his right arm after the incident at Recresco Ltd’s Manisty Wharf site in Ellesmere Port, Cheshire, when it became trapped in a conveyor belt he was maintaining.

Liverpool Crown Court heard how, on 26 January 2014, Mr Grace’s safety glove got caught on a moving conveyor belt on the glass sorting machine on which he was carrying out maintenance.

His arm was pulled into the machine and severed from above the wrist and attempts to reattach his hand were unsuccessful. The extensive surgery Philip Grace has undergone to repair his arm has left the father of one with limited mobility and he lives in constant pain.

An investigation by the HSE found multiple failings by the company, which put their own and agency workers at risk. The company had failed to assess the risks associated with working on moving conveyor belts as well as ensuring the machinery across their site was properly guarded.

The company did not have a safe system of work in place and there was insufficient information, instruction or training relating to the conveyors, which routinely exposed their workers to dangerous situations.

Recresco Ltd, was fined £50,000 with costs £21,625.70 and a £120 victim surcharge after pleading guilty to breaching Regulation 2 and 3 of the Health and Safety at Work etc Act 1974.
 

HSE Myth Busters:

Issue
A local charity shop refused the enquirers donation of a plastic baby bath because ‘health and safety’ meant that the new purchaser could sue if their baby were injured after slipping in it.

Panel opinion
There are no health and safety rules which would restrict charity shops from accepting items like baby baths for resale. It's also hard to imagine circumstances in which their fear of litigation might manifest itself. They are of course at liberty to set their own policies on what goods they will or will not accept but they can't wash their hands like this and simply point to non-existent "health and safety" rules.