Monday, 7 December 2015



Picture of the week - a (not) so good example of safe use of ladders and working at height! 

Health & Safety in the new this week: 

House collapse in London

A property in Barnes, south-west London collapsed last week whilst undergoing a basement excavation.
The six-bedroom, terraced house was reportedly being renovated in order to create a basement for a cinema, gym and wine room.
No one was reported to have been hurt.
The incident has reignited the debate around basement excavations.  The Richmond campaign group Safer Basements wrote to Councillors asking them to halt any basement excavation applications following the “disastrous events” in Barnes.
The group posted the letter on its website, stating: "All over Barnes there are examples of substantial damage to properties including walls moving and cracking, doors and windows jamming, ceiling collapse, gas pipes moving and leaking, pumps malfunctioning and water rushing into cavities and so on.
"How much more collective damage is needed before our concerns are taken seriously?
"Whilst today’s events were dramatic and severe, we are not unfortunately surprised that one of these structures would at some point collapse."

Health & Safety investigation into another near-miss incident at central Manchester building site
Construction company bosses insist a building site for a premier Manchester city centre development is safe after materials plunged to the ground while being moved by a crane.
The incident was at the McLaren XYZ building site next to the Manchester Civil Justice Centre.
In addition to this, it was recently reported how one man had a lucky escape in an incident when a metal beam plunged from the same site and narrowly missed him.
It has also emerged there had been an earlier incident when a crane's load was caught by wind and blown into a column.
Alan Blanchett, director of safety for McLaren Construction, said: “On October 7th 2015, a lifting operation was being undertaken, with a formwork table being lifted after a previous concrete pour, when a gust of wind caused the jib of the crane to slew to the right causing the load to follow.
“The load swung in a pendulum motion and hit a column causing a formwork beam and two sections of plywood to be dislodged and fall to the ground, within the pre-determined exclusion zone that had been set up and manned.
“Following this a full investigation was instigated. Representations were also made to the HSE, who requested information in regards to the incident. The HSE concluded that the case was closed and that they would be taking no further action at this time.”
During the previous incident, a member of the public was in the area when a two-metre long metal beam fell from the site.

After that incident McLaren says it launched an investigation and suspended all work on the site.
It found that the falling beam was caused by a member of staff who has now been disciplined. The firm says it has also brought in additional safety measures to ensure it can’t happen again.
Mr Blanchett said at the time it was first time that such an occurrence has happened on one of their sites in 20 years of carrying out such operations.
He added: “McLaren is committed to the highest standards of health and safety and enforces the most stringent working practices across all of its construction sites.”

HSE prosecution round up:
 
Construction firm fined after worker suffers cement burns

A construction firm was fined after a 54-year-old employee suffered severe cement burns to his knees while laying concrete flooring. 

Sefton Magistrates’ Court heard that on the 26 November 2014, an employee of DLP Services (Northern) Limited, kneeled in wet concrete to manually finish the concrete flooring being laid in a domestic bungalow. The cement burns to both his knees resulted in 12 days hospitalisation and ongoing treatment.

The HSE investigation found the firm failed to adequately asses the risks and implement suitable and sufficient control measures to protect employees from contact of the wet concrete with the skin. In addition, it did not provide suitable Personal Protective Equipment (PPE) and there were no welfare facilities on site. 

The court heard the company had been served with HSE Improvement Notices for lack of welfare facilities in September 2014 and June 2014. 

DLP Services (Northern) Limited of Cobden Street, Brindle Heath Industrial Estate, Pendleton, Salford, pleaded guilty to breaching Section 22 (1)(c) of the Construction (Design and Management) Regulations and Regulation 7(1) of the Control of Substances Hazardous to Health Regulations. The company was fined £14,000 with £1,590 costs. 
 

Demolition firm fined after worker falls from height
A demolition company has been sentenced after pleading guilty to health and safety failings following a worker’s fall from height.
The incident happened at the Hillington Industrial Estate in Glasgow on the 30 December 2011, when the 50-year-old worker was carrying out work from a mobile scaffolding platform to enable the building to be demolished.
It appears that a cable tray swung towards the worker as he was cutting it from the ceiling, hitting him in the shin and knocking him off balance. He fell five feet off the platform causing severe injuries. He fractured his right elbow and fractured his left arm, which required surgery, and also suffered bruising to his head. He has been unable to return to work because of the extent of his injuries.
The HSE’s investigation found that his fall happened because the platform was not put together correctly and was missing guard rails and toeboards. Also no suitable risk assessment was available on site for the use of the mobile scaffolding platform and it had not been inspected before use.
DSR Demolition Limited was fined £5,000 after pleading guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005 and Section 33(1)(c) of the Health and Safety at Work Act 1974.

Construction company Director fined after worker’s ladder fall

The director of a construction company has been fined for safety failings after a worker fell from a ladder resulting in life-changing injuries.
Portsmouth Magistrates’ Court heard an employee of MP Jacobs fell from a ladder whilst replacing guttering on a two-storey block of residential flats at Totton Walk, Havant, on 29 October 2014.
The 30-year-old fractured his skull, broke his collar bone and suffered a brain haemorrhage. His injuries caused brain damage and he continues to have problems with memory and tinnitus. He is still attending hospital and is unable to work.
Martin Paul Jacobs, director of MP Jacobs Limited, of Edgell Road, Emsworth, was sentenced in Portsmouth Crown Court and was fined a total of £5,000 and ordered to pay £5,004 in costs after pleading guilty to an offence under Section 37 of The Health and Safety at Work etc Act 1974. He was also given a six-month custodial sentence, suspended for 12 months. 

Unlicensed company removes asbestos ceiling from school
A construction firm removed an asbestos ceiling in a school despite not being legally approved to do the work.
Luton Magistrates’ Court heard that Clarks Construction Limited were contracted by the Board of Governors of Caddington Village School to refurbish changing rooms, toilets and associated areas at the school complex.
The school had arranged for a specific refurbishment survey to be carried out for the presence of asbestos. The survey identified the presence of asbestos in a ceiling of one of the rooms. Clarks Construction Limited removed the ceiling in August 2013 without consultation with the school or effective reference to the asbestos survey.
Clarks Construction Limited, of Windsor Street, Luton, was fined a total of £3,300, and ordered to pay £662 in costs after pleading guilty to a breach of Regulation 8(1) of the Control of Asbestos Regulations 2012 for carrying out the work which, given the inherent level of risk involved, requires a licensed contractor. 

Company fined after failure to act on asbestos risks
An engineering firm has been fined after asbestos was found at their factory and they failed to document or manage the risks to employees or visitors to the site.
Darlington Magistrates’ Court heard how Blue Diamond Engineering Limited of County Durham was notified of the presence of asbestos materials during a survey carried out at the company’s factory premises in 2006.
Work undertaken at the premises had the potential to disturb the hazardous asbestos materials, and until HSE’s intervention, the company had not documented or implemented an Asbestos Management Plan to adequately control the risk of exposure.
Blue Diamond Engineering Limited, of Shildon Industrial Estate, Shildon, was fined a total of £11,000, with costs of £1,610 after pleading guilty to offences under Regulation 4(8)(b) of the Control of Asbestos Regulations 2012. 

Construction site manager fined for safety failings
A construction site manager was fined for safety failings after a worker was injured while working at height. 
St Albans Magistrates’ Court heard Edwin Heaney failed to take reasonable care of colleagues while operating a construction site vehicle on a house build site on Loom Lane, Radlett, Hertfordshire. He used an excavator to raise a site worker to access work at height to cut a protruding piece of steel. 
The court was told Mr Heaney left the operator’s cabin of the excavator, leaving the machine unattended whilst the worker continued to use a handheld grinder. The bucket suddenly jolted downwards throwing the worker off balance. He managed to throw the grinder clear and grabbed onto the adjacent wall to stop his fall. Another colleague then provided a ladder to allow him to get down safely. 
The worker suffered a number of strain injuries, in particular to his right shoulder. 
An investigation was carried out by the HSE and it was found that Mr Heaney had failed to take reasonable care for the health and safety of others, the excavator was not suitable equipment for lifting the worker and the bucket attachment was an inadequate work platform. 
Edwin Heaney, 43, of How Wood, Park Street, Hertfordshire was fined £1,000 and was ordered to pay £3,130 in costs for breaching Section 7(a) of the Health and Safety at Work Act. 

HSE Myth Busters: 
Lollypop lady banned from waving at cars
Issue
A school Lollipop lady has been banned from waving at cars by her bosses after one complaint by a member of the public.

Panel opinion
Whilst no-one wants to be killjoy, ‘lollipop’ men and women do have a very important job to do in helping manage road safety risks for schoolchildren. They need to pay full care and attention – both for their own safety and that of the children. We are fully in favour of a smile and a kind word, but potentially misleading hand gestures or a loss of attention could have serious consequences. On balance, we feel that the company was right to intervene and did so in a proportionate way in this instance.

Odd-job person not allowed to change light bulbs
Issue
Management Company advised that odd job person is unable to change light bulbs as they would only be protected from negligence if a competent electrician carried out the job.

Panel opinion
Health and safety at work legislation does not require the use of a competent electrician to change light bulbs in a residential property. Confusing a perceived (but in all probability low) risk of being sued for negligence with the requirements of health and safety legislation is unhelpful, and can distort the aim of the legislation, which is to ensure a proportionate approach to managing risks.

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