Consultants out and about…

Rob saw this construction worker carrying out cutting work on the pavement in the busy High Street in Croydon, totally oblivious to passers by and people waiting at the bus stop, and with no safety measures in place.

 

 

 

 

 

 

 

 

 

 

 

Health and Safety in the news this week

Health and safety law 'misused', minister warns

A government minister has written to schools and local authorities in England urging a more common sense approach to health and safety.

Work and pensions minister Mike Penning described those who misuse the legislation as "jobsworths".

He said he wants to avoid situations like a ban on school pupils wearing frilly socks after one girl fell over.

Nearly 300 people have contacted the Health and Safety Executive (HSE) to challenge recent decisions.

They include a council preventing loose flowers and pots being placed on graves and a school sports day being cancelled - because there was dew on the grass.

Mr Penning said: "Health and safety has long been used as a smokescreen by jobsworths who have little knowledge of the law and who want to fob people off with an easy excuse."

Judith Hackitt, who chairs the HSE, said: "I would urge all decision makers to take a step back and ask themselves whether a decision made in the name of health and safety is actually just an excuse for something else.

Real health and safety is about protecting people in the workplace from life and health threatening risks - it is not about stopping a child taking a baby chick into school, or banning indoor dog training.

Own up to the real reasons behind the decision, don't just reach for the easiest excuse."

Almost 300 people have contacted the "myth busters" challenge panel set up by the HSE two years ago to report misinterpretations of the law.

Professor Paul Almond of the University of Reading, who has written a book on health and safety myths, said of the minister's intervention: "It's great that he's recognised that all of these stories are actually myths and wants to support real proper health and safety instead."

Source: www.bbc.co.uk/news/uk

HSE prosecution round up:

Construction company fined after worker injured falling through void

A construction company based in Derbyshire has been fined after a worker was seriously injured when he fell through a void.

Edinburgh Sheriff Court heard how a worker employed by a sub-contractor working for Bowmer and Kirkland Limited, was contracted to pour concrete onto the first floor of a building that was under construction at Fort Kinnaird Retail Park, Edinburgh.

The employee was walking across a floor that was under construction when his boot caught and he tripped.  He dislodged an unsecured wooden board which had been placed over the void and exposed an opening of 2 x 1 metres.

He fell approximately 4.5 metres through a void in the first floor and sustained serious injuries to his back as well as a broken foot.  He was off work for twenty-two weeks and suffers continuing pain.  He has reduced mobility, finding it difficult to walk or sit for long periods.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 16 May 2014 found that the company failed to take suitable and sufficient measures by not fixing the wooden panels placed on the void to prevent a fall.

Bowmer and Kirkland Limited, of High Edge Court, Church Street, Heage, Belper, Derbyshire, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulation 2005 and was fined £6,600.

Young apprentice loses finger on rotary press

The owner of a business that manufactures specialist adhesive tape for industrial applications has been fined after a young apprentice lost his finger on a rotary die press.

Nuneaton Magistrates’ Court heard how the 16-year-old apprentice was adjusting guides on a laminating head which is part of a rotary die press. Whilst making the adjustment he tripped, put his hands forward and his index finger got caught in the drive gear at the rear of the laminating unit. His finger needed to be amputated as a result.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 9 September 2014 found that the machine did not have appropriate measures, namely guards, in place to prevent access to dangerous parts of the rotary press.

James Fussell (trading as Tecman Speciality Materials), of Berrington Road, Leamington Spa, Warwickshire, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £6,000 with £1,754 costs.

After the hearing, HSE Inspector Michelle Morrison said "If the company had ensured that access to the dangerous moving parts of the rotary die press had been prevented,  then this young man would not have lost the top of one of his fingers. This was an entirely preventable incident".
 

Company fined after worker falls five metres from flat roof

A signage company based in Sheffield, has been fined after a worker fell five metres from a flat roof.

Chesterfield Magistrates’ Court heard how Warburton Signs Limited were contracted to erect a large sign to the gable end of an industrial building. Three fitters accessed a neighbouring flat roof to fit the sign when one worker fell from the roof. He sustained life threatening injuries, including a fractured skull, several broken ribs, a collapsed lung and chipped vertebra.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 13 April 2015 found Warburton Signs Limited failed to put in place any measures to prevent a fall from height.

Warburton Signs Limited, of Trident House, High Street, Beighton, Sheffield, pleaded guilty to Regulation 4(1) of the Work at Height Regulations 2005, and was fined £20,000 and ordered to pay costs of £1538.

HSE inspector Helen Barley said after the hearing: “Failure to prevent falls when working at height can lead to serious injury or death.”

Torquay man put lives at risk through illegal gas work

A pub worker has been sentenced for illegally installing gas pipework and a gas boiler at a flat in Torquay.

Geoffrey Voss, aged 59, who works as a barman at a pub in Torquay, installed the gas pipework and gas boiler at a flat on Old Torwood Road, Torquay despite him holding no competencies in gas work and despite him having never been registered with Gas Safe Register for any gas work.

He was prosecuted after his illegal activities were investigated by the Health and Safety Executive (HSE).

Newton Abbot Magistrates’ Court heard that Mr Voss’s illegal gas work came to light when the homeowner repeatedly asked him for the commissioning documentation for the new gas boiler that he had installed. Mr Voss never produced the document and the home owner then raised his concerns with Gas Safe Register.

During the HSE investigation Mr Voss admitted that he had not commissioned the gas boiler after he had installed it. Such commissioning should have included tests to ensure that the boiler that he installed wasn’t producing high levels of carbon monoxide, but he left the boiler working without the tests being undertaken, putting the homeowner at risk from deadly carbon monoxide poisoning.

Geoffrey Voss of South Street, Torquay, pleaded guilty to breaching Regulation 3(3) and 33(1)(c) of the Gas Safety (Installation and Use) Regulations and was sentenced to 36 weeks imprisonment suspended for 2 years and ordered to pay £757 in costs.

HSE Inspector Simon Jones, speaking after the hearing, said: “Only engineers with the correct competencies and who are registered with Gas Safe can legally carry out gas work and it is fortunate no-one was harmed as a result of Mr Voss’s illegal work.

“Once a gas boiler has been installed it should always be properly commissioned to ensure that it is operating safely. In this case Mr Voss did no such safety checks after his illegal work, leaving it to chance that there would not be a risk of fire, explosion or carbon monoxide poisoning.”

Source: www.hse.gov.uk

 

 

Health and Safety in the news this week

IOSH discusses key OSH developments at APOSHO conference

IOSH representatives from Hong Kong, Singapore and the UK addressed delegates on three key safety and health matters affecting workers across the world: ISO 45001, construction design safety and occupational cancer during the 31st Asia Pacific Occupational Safety and Health Organization (APOSHO) conference.

Vincent Ho, the IOSH Vice-President, highlighted IOSH’s work to raise awareness of occupational cancers through its No Time to Lose campaign, while Andy Lo, Council Member, presented a paper on design for safety in construction.

John Lacey, former IOSH president, discussed ISO 45001, which will be the first internationally-agreed health and safety management systems standard to apply to organisations across the world.  It is anticipated that ISO 45001 will be completed and published in October, when it will replace BS OHSAS 18001.

IOSH Hong Kong is due to organise the APOSHO conference in 2018 in collaboration with the Hong Kong Occupational Safety and Health Association (HKOSHA).

Source: www.iosh.co.uk

 

HSE prosecution round up:

Man sentenced after worker is fatally crushed in a trench

A self-employed contractor has been sentenced after an employee was killed when the trench he was working in collapsed on him.

Swansea Magistrates’ Court heard how William Ryan Evans was contracted to construct a drainage field comprising of infiltration pipes laid at the bottom of deep trenches.  He employed two workers and a subcontractor excavator to undertake the work at Longstone Farm, in Pembrokeshire.

Hywel Glyndwr Richards, aged 54, entered the trench to remove a clump of soil that had fallen into the trench when it collapsed, burying him. He died at the scene.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 26 June 2012 found that the work was not planned appropriately and the risk assessment was not suitable or sufficient.  The workers were not appropriately trained and suitable equipment to a prevent collapse were not provided.

At Swansea Crown Court on Monday 11 April, William Ryan Evans, of Blaenwaun Twr, Trelech, Carmarthenshire was found guilty of breaching Section 2 of the Health and Safety at Work etc Act 1974 and was given a six month custodial sentence.

HSE Inspector Phil Nicolle said: “This tragic incident could have been prevented by undertaking a suitable and sufficient assessment of the risks, providing the correct equipment or safe working methods to the workers and managing and monitoring the work to ensure it was done safely.  Work in excavations needs to be properly planned, managed and monitored to ensure no one enters an excavation deeper than 1.2m without adequate controls in place to prevent a collapse.”

Hand entrapment to worker at food manufacturing company

A food manufacturing firm was sentenced today for safety breaches after a worker suffered partial de-gloving of his hand.

The worker had several fingers broken in an incident that happened in February 2015, when his hand was pulled into a pastry lid maker that had been modified to improve its operation, including removing parts of the guarding system.

When the modification was removed because it was ineffective the guards were not replaced. The Health and Safety Executive (HSE) investigated the incident and took action against Thomas of York Ltd.

Thomas of York Ltd in Helmsley, York pleaded guilty to breaching the Provision and Use of Work Equipment Regulations, regulations 11 and 14, and was fined £6,500 with £691.45 costs at Northallerton Magistrates’ Court.

After the hearing, HSE inspector Julian Franklin commented: “Modifying machines should always involve a reassessment of the safety of that machine.  Guard checking routines should be periodically audited to ensure they remain effective.”

Construction Company sentenced

A London based construction company has been fined for safety failings. 

Westminster Magistrates’ Court heard how RS Construction UK (London) Limited was working at a site on St Dionis Road, London which was inspected by the Health and Safety Executive (HSE).

The inspector found there was an excavation directly behind the front door, which was the only entrance and exit for the site. 
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The excavation was approximately 3.5 metres deep with no means of shoring to support the sides of the excavation and no edge protection around the top to stop persons, materials or objects falling into it. 

Of immediate concern was a worker in the bottom of the excavation who was instructed to exit the excavation. 

An investigation by the HSE found that the RS Construction had received previous enforcement action on similar risks on other sites and still failed to ensure suitable and sufficient safe access and egress to and from the construction site and also failed to ensure all practicable steps were taken to prevent danger to any person from working in the excavation. 

RS Construction UK (London) Limited, of International House, Regents Street, London, pleaded guilty to breaching Regulations 17(1)(a) and 22(1) of the Construction (Design and Management) Regulations 2015, and was fined £40,000 - £20,000 for each offence and ordered to pay full costs of £1,486. 

Firm fined after forklift truck operator killed

A large steel fabrication company based in North Yorkshire, has been fined after a forklift truck (FLT) operator was killed when the truck he was operating overturned.  However, the offence to which the company pleaded guilty was not a significant cause of the fatal accident.

Teesside Crown Court heard how 27-year-old Kelvin McGibbon was reversing the forklift truck when it struck some steps causing it to overturn.  Mr McGibbon was not wearing a seatbelt and suffered crush injuries which proved fatal.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 13 March 2013 found that Severfield (UK) Limited failed to manage forklift truck driving operations.  They did not enforce the wearing of seat-belts or control the speed at which some FLT operators drove their trucks.

Severfield (UK) Limited, of Severs House, Dalton Airfield Industrial Estate, Dalton, Thirsk, North Yorkshire, pleaded guilty to a non-causative breach of Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999, and was fined £135,000 and ordered to pay costs of £46,020.

HSE inspector David Welsh said after the hearing: “A company has a legal duty for the health and safety of people working on its site, whether they are employees or not.  They are required to assess risks, eliminate them where possible and enforce proper control measures, such as seat belt wear, by checking that safe driving practices are being followed to deal with the risks that remain.  Sadly, in this case, the prosecution shows that the company’s management of FLT driving operations and risk control measures failed with tragic consequences for Mr McGibbon and his family.”

Two companies fined after disturbing asbestos

Two companies have been fined after asbestos was disturbed during refurbishment work.

Westminster Magistrates’ Court heard how two employees of 24-Hour Maintenance Services Limited disturbed asbestos insulating board (AIB) whilst they were doing refurbishment work at a former commercial premises undergoing conversion into flats, in Romford, London.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred between mid-July 2014 and 11 August 2014 found that the client had not passed on the details of the presence of asbestos to the contractor, despite prior knowledge.

No refurbishment and demolition survey was conducted to determine the presence of asbestos on the site.  The two workers stripped out the AIB without any effective precautions and therefore received significant exposure to asbestos fibres.

Asbestos can be found in any building built before the year 2000. A refurbishment/demolition asbestos survey is required where the premises, or part of it, need upgrading, refurbishment or demolition. 

Firestone Estates Limited, of Tolpits Lane, Watford, Hertfordshire pleaded guilty to breaching Regulation 10(1)(b) of the Construction (Design and Management) Regulations 2007 and were fined £10,000 and were ordered to pay £1020.64 in costs with a £1,000 victim surcharge.

24-Hour Maintenance Services Limited, of Linton Avenue, Borehamwood, Hertfordshire pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and were fined £5,000 with £974.44 in costs and a victim surcharge of £500.

Source: www.hse.gov.uk

HSE Health and Safety Myths Buster

Supermarket banned foldaway bicycle from store for health and safety reasons

Issue

A supermarket banned a customer from taking his foldaway bicycle into store for health and safety reasons.

Panel opinion

This is clearly a myth as health and safety at work law does not prohibit taking folding up bicycles into retail premises.  It’s refreshing to see those who used ‘elf and safety’ as an excuse to tell their customer ‘on your bike’ back-pedalling, holding their hands up and admitting this was clearly inappropriate.

Health and Safety in the news this week

Rainbow Waste Update – Unsafe practices led to worker’s death

A few weeks ago, we reported on the prosecution of Rainbow Waste Management, after one of their workers died after sustaining fatal head and spinal injuries in June 2013.

Further details about the case have now been published, and the Health and Safety Executive Inspector who led the investigation into the case has said that senior managers at Rainbow Waste claimed to be ignorant of hundreds of unsafe practices at their Derbyshire waste processing plant.

Ashley Morris, 24, was killed when the bucket of a Bobcat loader he was operating fell on him.  At the time, the vehicle’s bucket was raised with only the hydraulic system holding it up, and Mr Morris was operating the controls from outside the cab.  He reversed the loader, and the bucket descended, fatally crushing him.

The HSE Inspector said that this practice was very strange and could not establish why Mr Morris was manoeuvring the Bobcat in this way.  Further investigations revealed more than 200 examples of unsafe working practices involving the Bobcat, forklift trucks and skip lorries, and it was decided that Mr Morris likely did not know any better.  CCTV cameras at the site had recorded people being lifted in the Bobcat, workers jumping out of the way to avoid being hit as it turned, and workers standing inside a skip as it was loaded with rubbish.

The HSE concluded that Rainbow Waste’s training regime was inadequate, which the defence disputed because Mr Morris was qualified to operate the Bobcat.  The judge concluded that Rainbow Waste “fell far short of the appropriate standard by failing to put into place recognised standards in the industry, namely effective monitoring and supervision, and that breaches on the CCTV were indicative of practices which went on for a significant period of time”.  The judge added that he found the suggestion that the director of Rainbow Waste was unaware of the practice that was taking place at his warehouse, just a few yards from his office, as depicted on the CCTV as “implausible and bordering on incredulous”.

Source: www.iosh.co.uk

HSE prosecution round up:

Roofer fined for safety failings

A roofer based in Berkshire has been fined after disturbing and removing asbestos without a licence.

Reading Magistrates’ Court heard Michael Wilkie was contracted by a householder to replace the covering of the flat roof of the garage adjoining their house, and subsequent remedial work. This included the installation of a drainpipe through the ceiling below.

The ceiling comprised of asbestos insulation boards (AIB) which Wilkie cut a hole in for the pipe. He left the debris that contained asbestos in a waste bag for the householder to dispose of.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred between 21 March and 16 April 2015 found Wilkie had no experience or knowledge of working with asbestos containing materials and failed to take suitable measures to prevent exposure to asbestos fibres.

Michael Wilkie (trading as Royal County Roofing), of Ploughlands, Bracknell, Berkshire, pleaded guilty to breaching Regulations 5(1)(a), 11(1) and 16 of the Control of Asbestos Regulations 2012, and was fined £660 and ordered to pay costs of £1,023.

HSE inspector Dominic Goacher said after the hearing: “Contractors have a duty to ensure all work they undertake is properly planned and takes into account onsite risks such as asbestos containing materials.”

Company fined for safety failings

A metalwork casting and machining company has been fined for unsafe work practices after an employee almost fell through a fragile roof.

Canterbury Crown Court heard how an employee of M J Allen Holdings Limited of Kent was working on the roof of the company workshop when he slipped and almost fell through the fragile roof.

An investigation by the Health and Safety Executive into the incident which occurred on 19 September 2014 found the company failed to provide suitable working at height equipment to carry out tasks.  Employees had also not undergone specific related working at height on roof training.

M J Allen Holdings Limited, of Hilton Road, Cobbs Wood Industrial Estate, Ashford Kent, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005, and was fined £160,000 and ordered to pay costs of £5,767.

HSE inspector Guy Widdowson said after the hearing: “This incident had the potential to cause significant, life threatening injuries to the employee who was affected.”

Sentence after worker injured at prison

Four different duty holders have been fined after a worker was injured while replacing a window at Leeds prison.

Leeds Magistrates’ Court heard how a window on the third floor at Leeds Prison was in need of replacing.  Four parties were involved with the installation and all were charged with safety breaches for their part in the incident.

Stuart Tombs was the site manager via his own company SJT Site management Limited (SJT). SJT was contracted by Longcross Construction Limited (LCL), the principal contractor for the window replacement work.

Fewell Engineering Limited (FEL) were subcontracted by LCL, and it was an employee of FEL who was pushing a trolley with the new window on it when the incident occurred.

The court heard an employee of FEL was operating a mobile elevating work platform (MEWP) and driving it to the location of the work when one of the wheels struck the FEL employee and partially ran over his feet.

The injured man suffered multiple fractures in his right foot, a fracture of his left ankle and significant soft tissue damage to both feet.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 8 September 2014 found that Fewell Engineering failed to prepare suitable and sufficient Risk assessments and method statements for the operation.

Longcross failed to check the risk assessment prepared by FEL, and it failed to check that Stuart Tombs was competent to carry out a suitable site safety induction and supervised work with a MEWP.

SJT failed carry out a suitable site safety induction and supervise the MEWP operation competently.

It was also discovered Stuart John Tombs forged or fabricated site health and safety documents in an attempt to deflect responsibility.

Fewell Engineering Limited, of Salisbury, Wiltshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, and was fined £20,000 and ordered to pay costs of £702.

Longcross Construction Limited, of Hill House, Little New Street, London, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, and was fined £20,000 and ordered to pay costs of £303.

SJT Site Management Limited, of Watling Street, Bridgtown, Cannock, Staffordshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, and was fined £600 and ordered to pay costs of £199.

Stuart John Tombs, of Bondway, Hednesford, Cannock, Staffordshire, pleaded guilty to breaching Section 33(1)(l) of the Health and Safety at Work etc. Act 1974, and was fined £100 and ordered to pay costs of £149.

Source: www.hse.gov.uk

HSE Health and Safety Myths Buster

Library will not let users plug their laptops into power sockets for health and safety reasons

Issue

A Council run library will not let users plug their laptops into electrical outlets because of a risk of tripping or in case of faulty laptop charger plugs.

Panel opinion

The council and library seem to have got their wires well and truly crossed in this case as both the potential problems appear to have been well under control.  Restricting the charging of the laptop can’t be justified on health and safety grounds in these circumstances.

 

Health and Safety in the news this week

Five Ways to Reduce Office Workers’ Stress

 

·         Natural Light:  Flood workplaces with natural light by replacing solid walls or partitions with glass or using full spectrum light bulbs.  Natural light helps regulate serotonin levels, promoting healthy sleep patterns, learning, information recall and mental alertness and preventing depression, anxiety and stress.

 

·         Colours:  Introduce bright colours such as red, orange and yellow to boost creativity but be aware that too much of them can be stressful.  Alternatively, use a muted colour palette and use brighter colours for office accessories and branding.

 

·         Greenery:  Add large, easy-care plants, such as Areca and Kentia Palms or Dragon Trees.  Studies show that planting can reduce tension, depression, anxiety and fatigue by between 37% and 58%.

 

·         Relaxing areas:  Create separate zones for quiet, focused work as well as for conversations and collaboration.

 

·         Exercise:  Provide access to a gym or install standing meeting tables or sit-stand desks.  Even centralising refreshment, printing and recycling points will encourage people to leave their desks, walk around and interact with colleagues.

 

Source: www.ioshmagazine.com

HSE prosecution round up:

Employer liable for injuries in Slip case

The employer of a home care assistant who slipped on an icy pavement when visiting a client has been found liable for her injuries in a ruling by the UK’s highest civil court.

The Supreme Court held that Glasgow City Council-owned Cordia Services had failed to provide suitable footwear to Tracy Kennedy despite a long-lasting period of severe weather.  Ms Kennedy had been wearing flat shoes with a ridged sole, and the pavement had not been gritted or salted when the accident occurred in December 2010. 

The case was based on breaches of Regulation 3(1) of the Management of Health and Safety at Work Regulations, which requires a suitable and sufficient assessment of work risks, and regulation 4(1) of the Personal Protective Equipment at Work Regulations 1992, which requires suitable personal protective equipment to be provided to employees.

The court decided that Cordia Services had breached its statutory duties because it was obvious that their employee could slip and fall on snow and ice.  The Company had previous experience of this type of accident, and had identified the possibility in two risk assessments in the previous five years.  Crucially, the risk had not been properly evaluated, and not only was the possibility of injury very high, but it could be serious and include fractures and head injuries.  Despite this, no consideration was given to the possibility of individual protective measures, before relying on the measure of last resort, namely giving appropriate instructions to employees.  Even then, the instructions given were limited to advice to wear appropriate footwear, but failing to specify what might be appropriate, thereby breaching Regulation 3(1) of the management regulations.

The court decided that Ms Kennedy was exposed to the risk of slips and falls “whilst at work” because she was “at work” whilst travelling between clients’ homes.  Risks at work refer to those associated with the natural environment in which the work takes place as well at the nature of the work.

Cordia Services did not provide suitable protective equipment to reduce the risk, nor was the risk controlled by other means equally or more effective as the PPE regulations require, therefore breaching regulation 4(1) of the PPE Regulations.

The court also found that Cordia Services had been negligent at common law on three grounds:

·        It was a fundamental principle that an employer was bound to take reasonable care for the safety of its workmen;

·        A reasonably prudent employer will conduct a risk assessment in connection with its operations so that it can take suitable precautions to avoid injury to its employees – the whole point of risk assessment is to identify whether the particular operation gives rise to any risk to safety, and if so, the extent of that risk, and what can be done to minimise or eradicate the risk;

·        If Cordia Services had carried out a proper risk assessment, it would have found that there was a potential means of reducing the risk.  It did not and was therefore in breach of its common duty.

The Supreme Court’s judgement places responsibility for workers when they are out and about in the public realm squarely back in the laps of employers.  It is another reminder to update risk assessments regularly, to evaluate risk properly and explore the means to reduce risks.  Peripatetic workers must be protected and it is the employer’s duty to protect them.  Simply conducting a tick-box exercise and then placing the risk assessment in a file will not suffice to protect employers from liability, whether civil, as in this case, or criminal.

Source: www.ioshmagazine.com

 

Sentence after worker injured at prison

Four different duty holders have been fined after a worker was injured while replacing a window at Leeds prison.

Leeds Magistrates’ Court heard how a window on the third floor at Leeds Prison was in need of replacing.  Four parties were involved with the installation and all were charged with safety breaches for their part in the incident.

Stuart Tombs was the site manager via his own company SJT Site management Limited (SJT).  SJT was contracted by Longcross Construction Limited (LCL), the principal contractor for the window replacement work.

Fewell Engineering Limited (FEL) were subcontracted by LCL, and it was an employee of FEL who was pushing a trolley with the new window on it when the incident occurred.

The court heard an employee of SJT was operating a mobile elevating work platform (MEWP) and driving it to the location of the work when one of the wheels struck the FEL employee and partially ran over his feet.

The injured man suffered multiple fractures in his right foot, a fracture of his left ankle and significant soft tissue damage to both feet.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 8 September 2014 found that Longcross Construction Limited, Fewell Engineering and SJT Site Management Limited, all failed to prepare suitable and sufficient Risk assessments and method statements for the operation.

It was also discovered Stuart John Tombs forged or fabricated site health and safety documents in an attempt to deflect responsibility.

Fewell Engineering Limited, of Fairfield Works, High Wycombe Buckinghamshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, and was fined £20,000 and ordered to pay costs of £702.

Longcross Construction Limited, of Hill House, Little New Street, London, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, and was fined £20,000 and ordered to pay costs of £303.

SJT Site Management Limited, of Watling Street, Bridgtown, Cannock, Staffordshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, and was fined £600 and ordered to pay costs of £199.

Stuart John Tombs, of Bondway, Hednesford, Cannock, Staffordshire, pleaded guilty to breaching Section 33(1)(1) of the Health and Safety at Work etc. Act 1974, and was fined £100 and ordered to pay costs of £149.

 

Worker falls down service shaft

A company in Derbyshire has been fined after a worker fell thirteen metres down a service riser shaft.

Leicester Magistrates’ Court heard how a 36-year-old worker, who was from Romania, was dismantling falsework (a form of temporary structure) in a building that was under construction at Fletcher Development, De Montfort University, Leicester.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 15 June 2015 found that there was an unsafe system of work and inadequate supervision of workers.

David Ashley Construction Limited, of Lydford Road, Alfreton, Derbyshire pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005, and was fined £20,000 and ordered to pay costs of £1,776.

Source: www.hse.gov.uk