HSE Prosecutions round-up:
Roofing firm fined for safety failings
A roofing firm and a senior manager of the company have been fined for safety failings after an employee suffered life changing injuries when he fell through a fragile roof.
Worthing Magistrates’ Court heard how in January 2015 Practical Cladding Solutions Limited of Southampton was appointed by Styropack UK Limited to cut a hole in an industrial roof and clad an extension when a 25-year-old employee fell through an unprotected fragile roof light next to the work area.
The worker sustained numerous injuries - breaking four ribs and cutting both lungs. His pelvis, hip and groin bone were fractured and his back was broken in several places. He spent 10 days in intensive care and six weeks in hospital.
Practical Cladding Solutions Limited, of Calmore Industrial Estate, Testwood, Totton was fined a total of £9,000, after pleading guilty to offences under Regulations 4(1)(a), (b) and (c) of the Work at Height Regulations.
Anthony Hibbard, senior manager of the company, was fined a total of £3,000, after pleading guilty to the same offences. Costs of £1192 were awarded to the HSE who brought the case.
Steel firm fined following worker’s death
A steel supply company has been fined following the death of an employee who was crushed by a two tonne steel beam at a warehouse in Cardiff.
Mark Walker, a 37-year-old from Newport, suffered fatal injuries as he was trying to move a steel beam onto a conveyor at the warehouse in Trident Industrial Park, Cardiff on 24 June 2012.
The incident was investigated by the HSE which prosecuted Mr Walker’s employer, CMC Uk Ltd, at Cardiff Crown Court.
The court heard Mr Walker was working alone and was to use the computer controlled saw for the first time. He had to separate H-beam columns that were stacked ready to be put on the conveyor that fed the saw.
The stacked columns were 16 metres long and weighed more than two tonnes each. He lifted one end of a column with an overhead crane and put two wooden bearers in the middle while he got between the columns to pull the hoist chains through. While he was doing this, the wooden bearers gave way and the top column fell on Mr Walker. He died at the scene.
HSE’s investigation found there were no instructions on how to split and lift the columns safely and Mr Walker, an experienced warehouseman, had not been given training for this task.
There was no safe system of work for splitting or separating columns. The safest way would be to separate them at floor level or in a purpose built rack before placing them on the conveyor table.
CMC UK Ltd of Trident Industrial Park, Glass Avenue, Cardiff, pleaded guilty to breaching health and safety at work legislation and was fined a total of £112,500 and ordered to pay £96,000.in costs.
HSE Myth Busters:
Small children must be able to walk to participate in river boat ride for health and safety reasons
Issue
The enquirer was at a Zoo with her baby and was told
"babes in arms" could not participate on the lazy river boat trip as
they cannot walk, and children cannot be carried on board 'for health and
safety reasons.' She then watched other small children (toddlers) get carried
onto the boat instead of walking. When this was questioned the operator said
that is the guidance given by the ride manufacturers.
Panel opinion
This is an interesting case and the panel feel the need to
highlight several issues here:
The ride was very new and the operators chose to follow the manufacturer’s advice in the early days of operation which was sensible. The importance of explaining the reasons behind certain requirements at every stage in the process is key here. The concern which the manufacturer sought to address was that everyone accessing the boat must be able to walk on and off the boat for stability reasons. This was then passed on via inadequate communication and training as "no babes in arms". So, whilst the ride operator was correct in refusing the enquirer access to the ride, the true concern was violated by allowing others whose children could walk to carry their children onto the boat!
The panel is pleased to hear that the Zoo is now looking for ways to ensure as many people enjoy the ride as possible whilst continuing to satisfy the true stability requirement based on their own experience of operating the ride and further discussion with the manufacturer.
The ride was very new and the operators chose to follow the manufacturer’s advice in the early days of operation which was sensible. The importance of explaining the reasons behind certain requirements at every stage in the process is key here. The concern which the manufacturer sought to address was that everyone accessing the boat must be able to walk on and off the boat for stability reasons. This was then passed on via inadequate communication and training as "no babes in arms". So, whilst the ride operator was correct in refusing the enquirer access to the ride, the true concern was violated by allowing others whose children could walk to carry their children onto the boat!
The panel is pleased to hear that the Zoo is now looking for ways to ensure as many people enjoy the ride as possible whilst continuing to satisfy the true stability requirement based on their own experience of operating the ride and further discussion with the manufacturer.
Customer asked to leave DIY store after refusal to remove toddler from store trolley
Issue
Customer asked to leave DIY store after refusal to remove
toddler from coin operated store trolley with no child seat.
Panel opinion
The
panel believe that the DIY store has taken a responsible approach to the issue
and provides sensible advice and support to their customers. The company’s
products are typically heavy construction materials and the risk to children
riding in trolleys in this environment is a real one. The store is working with
others to find trolleys which are designed to carry children as well as their
merchandise but in the meantime their offer of assistance to parents with
children is a sensible and considerate alternative.
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