Risk, Health and Safety Information

HSE prosecution round up: 

Company fined after worker falls from van roof

A glazing firm was fined after a worker fell from the roof of a van, causing severe head injuries.

On 19 June 2012, Alan Campbell, who worked for Anglian Windows Limited, fell when loading an easi-dec system onto the roof of the van after working at a domestic property.

Mr Campbell, 47, suffered two bleeds to the brain and was kept in an induced coma for over three weeks. Compression to his forehead required a metal plate to be inserted to partly reshape his face. He now suffers epilepsy and is unable to drive.

After an investigation by the HSE, the Crown Office and the Procurator Fiscal Service, it was found that Anglian Windows Limited had failed to provide sufficient information, instruction, training and supervision to employees who were required to load and unload equipment from van roofs.

Anglian Windows Limited, of Anson Road, Norwich, pleaded guilty at Livingston Sheriff Court, and was fined £10,000 for breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

Company director fined after worker falls through skylight

The company director of a sash restoration company has been fined for safety failings after a worker fell three metres through an unprotected skylight.

Salisbury Magistrates’ Court heard how on the 14 July 2014, an employee of the Sash Restoration Company (Dorset) Limited fell through an unprotected skylight breaking his wrist when landing.

The HSE found that the work was not adequately planned to take account of the risk of working near to a fragile surface. The incident was not reported by the company and only came to HSE’s attention following a query about the incident from an unnamed source.

David Richard Garrett, Director of Sash Restoration Company Dorset Limited, of Henford Road, Ensbury Park, Bournemouth, was fined a total of £3,300, with costs of £1,526, after pleading guilty to an offence under Regulation 9(2) of the Work at Height Regulations 2005, and Regulation 4(1) of RIDDOR (Reporting of Injuries, Disease and Dangerous Occurrences Regulations) 2013.

Three companies fined after construction worker seriously injured in fall from height

Three companies have been fined a total of £90,000 after a worker was seriously injured when he fell nearly six metres from a platform with unguarded rails.

Southwark Crown Court heard that on 4 March 2013 two workers accessed the top level of a unit which was to be dismantled as part of construction work at a site in Westferry Road, London.

One of the workers slipped and fell over the side of the platform, hitting the wall and then landing on the concrete floor 5.9 metres below. He sustained multiple injuries including internal bleeding, a collapsed lung, and fractures to his pelvis and right arm and has been left unable to work.

Meta Management Services Limited (trading as Aktrion), of Rutland Court, Edinburgh, who was the Principal Contractor for the project, pleaded guilty to a breach of Regulation 22(1)(c) of the Construction, Design and Management Regulations 2007 and was fined £9,000 with £1,942 in costs.

Goss Graphic Systems Limited of Beech House, The Oaks Business Park, Longridge Road, Preston, pleaded guilty to a breach of Regulation 13(2) of the Construction, Design and Management Regulations 2007, and Regulation 4 of the Working at Height Regulation 2005 and was fined a total of £27,000 with costs of £7,000.

Beck and Pollitzer Engineering Limited of Burnham Road, Dartford, Kent pleaded guilty to a breach of Regulation 4 of the Working at Height Regulation 2005 and was fined £54,000 with costs of £14,000. 

Firm fined after worker suffered cement burns

A building products manufacturer was fined after a worker suffered serious cement burns on his first day of work.

Leicester Magistrates’ Court heard how a 21-year-old inexperienced agency worker was exposed to alkaline cement slurry by standing in a drainage pit with inadequate Personal Protective Equipment.

The worker suffered chemical burns to his feet and ankles. He required plastic surgery and his feet and lower legs are scarred for life. He was in hospital for three weeks.

An investigation by the HSE into the incident which occurred on 28th April 2014 at Station Road, Stoney Stanton, found that the company had not appreciated that slurry from cured concrete dust posed the same risks as that from cement or wet uncured concrete.

They had no risk assessment for the slurry or suitable and sufficient controls to eliminate, reduce or control the risks. A mechanical system to remove slurry from the water pit would have prevented these life changing injuries.

Stressline Limited pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £12,000 and ordered to pay costs of £2,121. 

NHS prosecuted after pensioner killed in mobility scooter plunge

The NHS Litigation Authority has been prosecuted after an 82 year old man fell 12 feet to his death from an elevated walkway outside a health centre.

Benjamin John Withers from Fareham in Hampshire died after the mobility scooter he was driving collided with a wooden weather screen which was situated around the main entrance and access bridge to Fareham Health centre. The collision caused a section to give way and Mr Withers and his mobility scooter fell through the gap onto a walkway below.

Portsmouth Crown Court heard that on 20^th September 2012 Mr Withers left the centre after attending an appointment and accidentally drove his mobility scooter forward into the side of the glazed screen instead of reversing away from it.  After the initial impact he then moved forward again and fell through the opening in the screen which had partially given way.

A HSE investigation found the barrier had not been constructed to the required standard to resist impact from a mobility scooter, no assessment had been made to consider the suitability of the weather screen and the structure had not been adequately maintained.

The investigation also found that the collapsed section was so badly decayed that portions of the wood could be easily removed by hand. Planned maintenance work to replace the rotten wood had been cancelled and rescheduled on more than twenty occasions without ever being carried out.

NHS Litigation Authority of Buckingham Palace Road London, pleaded guilty to breaching s.3(1) of the Health and Safety at Work etc Act 1974 and was fined £40,000 and ordered to pay £15,000 costs. 

Firm sentenced after worker loses hand in Machine

A waste plastic recycling firm has been fined after an employee’s hand was severed when dragged into a granulator machine.

CP Plastics Limited was prosecuted by the HSE following an incident at Manchester New Road, Middleton, Manchester on the 4 March 2015.

Manchester Magistrates’ Court heard the employee, who has been deaf since birth, has been severely affected by the injury. The loss of his right hand in the incident means that he is unable to drive or work and is finding it difficult to use sign language to communicate.

The 50-year-old employee had been feeding a granulator machine with waste plastic. During the process the machine slowed down so he went to look through an inspection hatch to find the cause. He was reaching inside the machine in order to pull through the plastic which was slowing the machine, when the plastic wrapped around his right hand and dragged it into the granulator blades.

The HSE investigation found there was no safe system of work in place. The inspection hatch should not have been on the machine and employees should not have had access to the dangerous cutting blade.

The investigation also found that the company had failed to provide Employer’s Liability Compulsory Insurance (ELCI) at the time of the incident.

CP Plastics Ltd pleaded guilty to two offences, one breach of Regulation 11 of the Provision and Use of Work Equipment Regulations 1998, and one breach under Section 1 of the Employers Liability (Compulsory Insurance) Act 1969.

In an unusual ruling the company was fined £1,500, but the judge also ordered CP Plastics to pay £17,000 in compensation to the injured employee, and ordered to pay £1,500 towards prosecution costs. 

HSE Myth Busters:

Refuse Collectors Christmas hats banned

Issue

Refuse workers in Colchester were banned from wearing Christmas hats and any other Christmas-related clothing on the grounds of health and safety.

Panel opinion
There is no health and safety legislation that prevents refuse collectors wearing Santa hats or entering the festive spirit with other modest decorations. Excessive displays which might impede the driver's vision or cause a distraction are another matter, but that doesn't seem to be the case here. Being sensible about health and safety can still allow everyone to have some fun too!

Gym manager queried customer’s complaint on gym users topping up personal water bottles from cooler

Issue

A customer made a complaint about other gym users filling up personal water bottles from a water cooler instead of using the disposable cone cups provided. The customer stated that this was against health and safety regulations as germs could be spread this way.

Panel opinion

Well done to the gym manager for raising this and bringing it to our attention. It is important for gym users to keep hydrated and there are no health and safety reasons why they cannot do so using their own bottles rather than the paper cups provided. Other establishments which do ban gym users from using their own bottles are likely to have other motives for doing so – but it is not a health and safety issue.

Source: www.hse.gov.uk