Risk, Health and Safety Information

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.