HSE prosecution round up:

Body manufacturing firm fined after workers crushed between vehicles

A vehicle body manufacturing company in Stoke on Trent has been fined after two workers were seriously injured when they were crushed between a moving vehicle and stationary vehicles.

North Staffordshire Magistrates’ Court heard that a colleague of the two men was attempting to manoeuvre an 18 tonne vehicle in the work shop of Commercial Body Specialists Limited on 12 January 2015 when two employees were pinned and crushed between the manoeuvring vehicle and two other stationary vehicles.  One other employee jumped out of the way.

One worker suffered several fractures to his pelvis and ribs as well as internal bladder and kidney lacerations.  The other worker suffered crush injuries to his legs.

An investigation by the Health and Safety Executive (HSE) into the incident found that the company had failed to identify and assess workplace transport risks and had failed to put in place protective measures, safe systems of work and proper instruction and training to ensure employee pedestrian safety during vehicle movement.

Commercial Body Specialists Limited, of High Street, Tunstall, Stoke on Trent, pleaded guilty to breaching Section 2 of the Health and Safety at Work etc Act 1974, and was fined £20,000 and ordered to pay costs of £4,461.
 

Man jailed for illegal gas work

A Darlington man has been jailed for carrying out illegal gas work on three occasions.

Teesside Magistrates’ Court heard Neil Simon McKimm (trading as Macs Plumbing Services) carried out gas work including servicing boilers.  McKimm used the alias of a legitimate gas engineer to deceive his customers.

An investigation by the Health and Safety Executive (HSE) found that Neil McKimm repeatedly falsely pretended to be a legitimate Gas Safe engineer and falsely signed official records in the name of a legitimate gas engineer.

Neil Simon McKimm (trading as Macs Plumbing Services and alias as Robert Welsh), of West Moorland Street, Darlington, was found guilty of breaching Section 3(2) of the Health and Safety at Work etc. Act 1974; Regulations 3(3) and 3(7) of the Gas Safety (Installation and Use) Regulations 1998, and was sentenced to prison for eighteen months.

HSE inspector Paul Wilson said after the hearing: “Gas work must be carried out by properly registered Gas Safe engineers, and HSE will robustly pursue those that break the law.”

Pipe manufacturing company fined for safety failings

A pipe manufacturing company based in Newport has been fined for safety failings after seven reported cases of Hand Arm Vibration Syndrome (HAVS) or Carpal Tunnel Syndrome (CTS) between April 2014 and July 2015.

Newport Crown Court heard that employees of Asset International Limited used vibrating tools without proper training or practical controls to reduce vibration risk.

An investigation by the Health and Safety Executive (HSE) found no sufficient risk assessment or health surveillance had been carried out.

Asset International Limited, of Stevenson Street, Newport, was fined a total of £200,000 and ordered to pay costs of £27,724 after pleading guilty to offences under Regulations 5, 6, 7, and 8 of the Control of Vibration at Work Regulations 2005.

HSE inspector Joanne Carter said after the hearing:

“The serious and irreversible risks from Hand Arm Vibration Syndrome caused by work with vibrating tools are well known and guidance has been in place since the early 1990s.  This case shows there is no excuse for not putting in place a management system which includes risk assessment, control measures, health surveillance and information and training to reduce these risks to as low a level as is reasonably practicable.”

Two Companies fined after worker falls three metres from ledge of building

A window fitting company and the principal contractor at a construction site have been fined for safety failings after a worker fell a total of three metres while installing glazed units.

Bournemouth Magistrates’ Court heard how, on 4 November 2014, an employee of GFT Frames Limited (GFT), was installing glazed units in a block of flats on a construction site at Western Avenue, Bournemouth where Parsons and Joyce Contractors Limited (P&J) were principal contractors.

Darren Shepherd, aged 54, of Bournemouth, an employee of GFT, had been carrying window frames through the stairwell of the block of flats under construction.  There were no stairs in place, just a ledge which was part of the structure that would act as a landing half way up the stairs once they were installed.  After completing the unloading all the frames, Mr Sheppard and a colleague were accessing the first floor, up through the void.  As Mr Sheppard climbed onto the first floor from the ledge, he slipped, falling approximately 1.7metres back to the landing and then a further 1.3 metres to the ground floor.  He sustained two fractured ribs and a broken thumb.

A Health and Safety Executive (HSE) investigation found GFT had failed to properly plan, supervise or carry out the work at height in a safe manner and that Parsons and Joyce failed to plan manage and monitor the construction phase and failed to provide workers with a site induction.

GFT Frames Limited, of Vantage Way, Poole, Dorset, was fined a total of £6,000, and ordered to pay £9,953 in costs after pleading guilty to an offence under Regulation 4(1) of the Work at Height Regulations 2005.

Parsons and Joyce Contractors Limited, of Ashley Road, Poole, Dorset, was fined a total of £20,000, and ordered to pay £9,953 in costs after pleading guilty to offences under Regulation 22(1)(a) and 22(2)(a) of the Construction (Design and Management) Regulations 2007.

Royal Mail fined after worker suffered injuries

The Royal Mail Group Limited has been fined £50,000 after a worker’s foot was run over by a reach truck in a bundling warehouse.

Medway Magistrates Court heard how an incident happened at the Royal Mail Group Limited (RMG) bundling centre in Rochester where a worker stepped out into an aisle and another worker, who was driving a reach truck, ran over his foot causing broken bones and bruising.  The injured worked was not wearing safety boots with steel toe caps when the incident happened.

An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on 7 March 2014, found that workplace transport was not organised to ensure pedestrians and vehicles can circulate safely as they both operated in the same areas without segregation.

Better organisation of the workplace transport within the warehouse would have prevented this incident from happening.

Royal Mail Group Limited, of Victoria Embankment, London, pleaded guilty to breaching Regulations 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992, and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999, and was fined £50,000 and ordered to pay costs of £10,406.

Roofing contractor fined for safety failings

A Cambridgeshire based roofing contractor has been fined for safety failings which put three workers at risk.

Stevenage Magistrates’ Court heard Kerry Parmenter was contracted to carry out roof work at the premises of Cottage Linen Limited in Hertfordshire.

Work on the roof was stopped by the client after they were informed by the Health and Safety Executive (HSE) of unsafe working methods following a site visit.

In January 2015 HSE found that workers were being put at risk by working on the fragile roof without adequate controls and using inappropriate equipment.  Kerry Parmenter had failed to adequately plan, manage and supervise the work.

Kerry Parmenter, of Paddocks Toll, Forty Foot Bank, Ramsey, Cambridgeshire, pleaded guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007, and Regulation 9 (2) of the Work at Height Regulation 2005 and was fined £2,500 and ordered to pay costs of £1,459.

HSE inspector Rauf Ahmed said after the hearing:

“Work on fragile asbestos cement sheet roofs is a high risk activity with a history of fatal injuries.  Workers are at risk of falling through the roof or from open edges if protections are not in place.  There is publically available guidance on HSE’s website highlighting the control measures required for carrying out this type of work.”

Source: www.hse.gov.uk

HSE Health and Safety Myths Buster

Ban on throwing mortar boards is a tired health and safety myth

There have been a number of reports in the media that a university plans to ban their students from throwing mortar boards in the air on graduation day for health and safety reasons.  HSE has provided a response to this age-old myth:

Geoff Cox, who heads the Health and Safety Executive public sector team, said:

“You’d think universities would study history and do a bit of research before repeating tired health and safety myths like this one.  The banning of mortar board tossing on supposed ‘health and safety’ grounds is one of our most popular myths and actually appears in our Top 10 all-time worst health and safety excuses.

As far back as 2008, HSE made clear the law does not stop graduates having fun and celebrating their success in the time-honoured fashion.  The chance of being injured by a flying mortar board is incredibly small and it’s over-the-top to impose an outright ban.  We usually find the concern is actually about the hats being returned in good condition.”

 
Supermarket cafe refused to sell customer a packet of untoasted fruit bread

Issue

Supermarket cafe refused to sell customer a packet of fruit bread for health and safety reasons as he didn’t want it toasted before taking it home.

Panel opinion

There is nothing in health and safety at work legislation that prevents the sale of fruit bread nor should there have been a food labelling issue here.  It is a pity that a “health and safety” excuse was used to refuse such a simple request.  This appears to be a case of poor staff training resulting in a very disappointed customer.

Health and Safety in the news this week

Myth or Reality? - A council has launch a crackdown on hairy workers as part of new health and safety regulations

Nuneaton and Bedworth Borough Council has told some of it staff to make sure they are clean shaven before going to work or risk disciplinary action.

Those affected are expected to wear special 'face fit' masks when dealing with dusty situations with asbestos potentially present.

The team, which includes those in the repairs department such as carpenters and plumbers, must wear the respiratory protective equipment (RPE) as what is being billed as a 'control measure' or face action including loss of pay.

If a worker is not clean shaven council chiefs say it affects the seal of the mask to the face, potentially creating leakages of airborne contaminants.

A council employee, who did not wish to be named, said:

"They're saying it's like wearing toe protector boots as a duty of care but the footwear doesn't impact on your appearance or personal preference when it comes to shaving.  We are basically being penalised if we are not clean shaven as you can come into contact with dust in a range of instances, some expected and some not."

Before the masks were given out, all affected workers had to undertake a supervised face fit test.

In the letter given to the affected staff, housing and communities director Dawn Dawson said:

"Once you have had your face fit test you should ensure that whenever the task that you are doing requires the use of a close fitting mask you are clean shaven so that the mask performs correctly.  If you are found wearing a mask and are not clean shaven you will be stopped from working until you have shaved. This may result on loss of pay and further action being taken."

What do the council say?

A council spokesman said:

"Health and safety legislation requires that employers must protect the health, safety and welfare at work of all their employees, as far as is reasonably practicable; it also states that employees have a duty to take care of their own health and safety and that of others who may be affected by their actions at work.  Employees must co-operate with employers and co-workers and comply with reasonable requests made by them, to help everyone meet their legal requirements. 

Where RPE has been identified as a control measure, for any task, it is important that the RPE is adequate and suitable.  To ensure that the selected RPE provides adequate protection for individual wearers, the Approved Codes of Practice supporting the Control of Substances Hazardous to Health Regulations and the Control of Asbestos Regulations stipulate that tight-fitting RPE must be 'fit tested'.  This helps to ensure that inadequately fitting face pieces are not used.  Ill-fitting face pieces can create inward leakages of airborne contaminants.  Individual face fit tests are required to ensure that the appropriate RPE is available.  The tests require individuals to be clean shaven as this affects the seal of the mask to the face and its ability to perform correctly.  Once individuals have had their face fit test, they must ensure that whenever the task that they are doing requires the use of a close fitting mask, they are clean shaven so that the mask performs correctly.  If a member of staff is found wearing a mask and is not clean shaven, for their own safety they will be stopped from working until they have shaved.

In accordance with Health and Safety legislation and guidance, provision has been made for those who for either religious or medical reasons are unable to wear close fitting masks and we have even extended this to those people who have had a substantial beard for a number of years. This is done by way of powered hood respirators.

It is in all our interests to ensure that we comply with all relevant Health and Safety Legislation and regulations."

Source: Coventry Telegraph

Construction worker killed on Queensferry crossing

A 60-year-old construction worker has died after an incident on the Queensferry Crossing near Edinburgh in Scotland.

The man is understood to have been hit by a moving boom on a Giraffe crane at about 12:20 on the deck of the north tower.  It is reported that he suffered severe blood loss and was unable to be resuscitated.  Another man is reported to have been injured.

Work on the bridge has stopped for investigations to take place.

The £1.4bn Bridge was due to be completed by the end of the year, and was ordered by ministers because of corrosion at the main suspension cable on the Forth Road Bridge.  Work began in 2011 and this death is understood to be the first fatality at the site.

A Forth Replacement Crossing spokesman said:

“We are deeply saddened to have to confirm there was an incident just before noon on 28 April on the Queensferry Crossing’s north tower in which a person has lost his life.  One other person has been taken to hospital.  All activity has been stopped at the north tower.”

Harry Frew, Ucatt Scottish regional secretary, told the BBC Scotland news website: 

“We were just on our way back from a Workers’ Memorial Day ceremony in Glasgow Green to commemorate workers who have been killed at work when we heard the news.  I am very saddened about this tragedy and our thoughts are with his family.”

The police are working to investigate the incident on the crossing, and inquiries are ongoing.

Source: www.shponline.co.uk

HSE prosecution round up:

Equipment Safety - Major frozen food manufacturer fined for safety failings

A major frozen food manufacturer based in Whittlesey, near Peterborough, has been fined £800,000 for safety failings after an employee nearly lost his arm.

Peterborough Crown Court heard how a 34-year-old employee was attempting to check the condition of the head roller on a bypass conveyor.  While doing this his arm became entangled in the machinery and his arm was almost severed.  Although his arm was saved, he now has limited movement in his hand.

An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on the 21 August 2014, found that the conveyor did not have the correct guards fitted.  A risk assessment of the machine by the company failed to recognise the danger.

McCain Foods (GB) Limited of Havers Hill, Eastfield Scarborough, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and Section 2(1) of the Health and Safety at Work etc Act 1974, and was fined £800,000 with costs of £12,831.51.

Plastics manufacturer fined for death of worker

A plastics manufacturer from Cambridgeshire has been fined and given a suspended sentence after a worker died after she was crushed by printing machinery.

Peterborough Crown Court heard how a 23-year-old agency worker from Lithuania was working in a print room for Gordon Leach, who trades as RGE Engineering Company.

On 27 April 2012, the worker entered the printing machine to apply thinners to the ink when the machine started.  Her head was crushed between the printing pads and the printing table of the machine, fatally injuring her.

An investigation by the Health and Safety Executive (HSE) into the incident found that there was no effective system of guarding to the machine and the incident could have been prevented.

Gordon Leach (trading as RGE Engineering Company), of The Avenue, Godmanchester, Cambridgeshire, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was given a 15 month sentence, suspended for 24 months, was fined £7,500 and was ordered to pay full costs of £45,000.

Crystal Company sentenced over injury to worker

A Cumbrian lead crystal manufacturer has been fined after an employee suffered a serious hand injury while using machinery.

Laura Ponsford, who was 21 at the time of the incident in February last year, had the middle finger of her right hand torn off while operating a drill to widen the neck of a glass bottle.

Preston Crown Court heard the investigation by the Health and Safety Executive (HSE) into the incident at Greatdale Ltd (trading as Cumbria Crystal) found the firm had failed to prevent operatives from accessing dangerous parts of machinery.

Mrs Ponsford, 21, had only been working at the defendant’s premises at The Lakes Glass Centre, Ulverston, for one year and has since left the company.

The court heard on the afternoon of 20 February 2015, she was using a ‘pillar drill’ to widen (or ream) the neck of a glass bottle. The chuck and reamer were unguarded.  Mrs Ponsford was wearing latex gloves while performing this task, however the glove on her right hand became entangled within the rotating parts of the reamer resulting in the middle finger of her hand being severed.

She underwent 10 hours of surgery to reattach the finger but unfortunately she was later told the operation had not been successful and had to undergo a further operation in March 2015 to have the finger surgically amputated to below the second knuckle.

HSE told the court the incident could have been prevented if a suitable and sufficient risk assessment had taken place with regard to the drill and practicable control measures to prevent access to dangerous parts of machinery had been in place.

Greatdale Limited (trading as Cumbria Crystal) of The Lakes Glass Centre, Oubas Hill, Ulverston, Cumbria, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £15,000.

After the hearing HSE inspector Leona Cameron said: “This incident could have been prevented simply by providing guarding to prevent access to dangerous parts of the machine.

“The need to guard dangerous parts of machinery is well known with established industry guidance available, and in this case, the result of that guidance being ignored is a serious injury to a young woman.”

Source: www.hse.gov.uk

Health and Safety in the news this week

£2m fine for Travis Perkins after death

Travis Perkins, a builders’ retailer, has been fined £2 million after the death of a customer in Milton Keynes.

Mark John Pointer was crushed by a company vehicle at Travis Perkins Trading Company Limited in Old Wolverton in November 2012.  Mr Pointer, 44, was loading planks of wood onto the roof rack of his Land Rover when he feel backwards onto the yard surface.  He was then run over by a company vehicle operating in the yard.  Mr Pointer died from crushing injuries.

Travis Perkins pleaded guilty to two offences under the Health and Safety at Work etc Act 1974.

The company initially denied the causal link between the offences and the death but subsequently conceded that point.

Travis Perkins appeared at Amersham Crown Court, and was fined £2 million and ordered to pay prosecution costs of £114,812.76.

Martin Brown, Environmental Health Team Leader with Milton Keynes Council, said: “We are pleased with the result and fine imposed as it reiterates the importance of treating health and safety seriously.

“Individuals falling whilst loading and unloading vehicles is a common risk.  The company had failed to ensure loading and unloading activities were undertaken in a safe manner in a safe area.”

In sentencing the company, Judge Justin Cole said he took the view that this “was an accident waiting to happen”.

Source: www.shponline.co.uk

HSE prosecution round up:

Roofing firm fined over safety breach

A roofing firm from Malton was fined for safety breaches after a worker fractured his skull following a fall from height.

Mitchell Roofing Ltd, was contracted to replace existing rooflights at Monk Bridge Construction Co Ltd, Elvington, York. The injured worker slipped and fell some seven metres through the inner roof sheet sustaining severe injuries.

During its investigation, the Health and Safety Executive (HSE) learned that there was no risk assessment in place for the job, and no precautions had been taken to prevent falls from the edge of the roof or through various fragile elements.

The defendant had previously clad a new building on the site without incident, using appropriate precautions, but the minor work of replacing the panels in an existing roof was not planned, and no precautions were followed.

Mitchell Roofing Ltd of Derwent Road, Malton was found guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and was fined £10,000 with £1,355 costs by York Magistrates Court.

After the hearing, HSE inspector Julian Franklin commented: “Basic precautions for roof work and better planning of the job should have been applied.  Even short duration work on fragile roofs should be properly assessed and managed.”

Worker injured when skip loader overturned

A Cambridge construction firm has been fined after a skip loader overturned injuring a worker.

Cambridge Crown Court heard how Mead Construction (Cambridge) Limited was making a sewer connection from a domestic property at Hop Row, Haddenham to the main sewer.  A worker was driving a skip loader, tipping spoil onto a spoil heap when the vehicle overturned trapping his leg.  He suffered fractures to his right ankle and sprained ligaments.

An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on 4 February 2015, found that there was a failure to plan, manage and monitor work using a skip loader, including allowing an untrained employee to use the vehicle whilst not wearing a seatbelt.

Mead Construction (Cambridge) Limited, of Heath Road, Swaffham Prior, Cambridgeshire pleaded guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007, and Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £40,000 and ordered to pay costs of £5,787.

Worker loses life after fall from roof

A Birmingham maintenance company has been fined after a worker died as a result of falling from the roof of a five-storey building.

Birmingham Crown Court heard how H20 Plumbing Services Limited were contracted to carry out repairs to two motor rooms situated on the roof of a building on Hagley Road, Birmingham.

Two workers set up a station immediately outside of a protected area in which to mix some mortar due to lack of space.  The mixing station consisted of a tarpaulin sheet placed on top of the roof with a plasterer’s bath placed on top.  The corners of the tarpaulin sheet were weighted down with bags of rubble.  At the end of the working day, the employees were cleaning up and as they moved the mixing bath, the sheet of tarpaulin blew open due to the wind and landed over the edge of the building.  As one of the workers attempted to retrieve the sheet he stepped off the side of the building, falling 14 metres, suffering fatal injuries.

An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on 10 October 2014, found that H20 Plumbing Services Limited failed to ensure the safety of its employees during the external repair work.

After the incident, HSE Inspector Amy Kalay commented: “This incident was obviously foreseeable.  The employees of H20 working at the site were effectively left to their own devices with equipment and a system that was not wholly suited for the task at hand. 

A suitable and sufficient assessment of the risk, suitable planning, implementation of suitable control measures and adequate and effective site supervision would have prevented this incident from occurring.”

H20 Plumbing Services Limited, of Lee Trading Estate, College Road, Perry Barr, Birmingham pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, and was fined £100,000 and ordered to pay costs of £25,000.

Company fined after worker is fatally crushed in trench

A company has been fined £2.6 million after an employee was killed when the trench he was working in collapsed on him in Lancashire.

James Sim, a 32-year-old worker, from Barry, South Wales, a sub-contractor working on behalf of Balfour Beatty Utility Solutions Limited.  On the 14 April 2010, Mr Sim was working in a trench, laying ducting for new cable for an offshore windfarm that was being built off the coast by Heysham, Lancashire.  The trench was dug to a depth of 2.4 metres, without any shoring.

Mr Sim was killed when he became trapped in the trench after it collapsed on him.

Balfour Beatty Utility Solutions Limited pleaded guilty at Preston Crown Court today after an investigation by the Health and Safety Executive (HSE).  The Court heard that Balfour Beatty failed to adequately risk assess the works or control the way in which the excavation took place.

HSE inspector Chris Hatton said after the hearing: “The level of this fine should serve as a warning to industry not to ignore health and safety matters.  Balfour Beatty failed to adequately assess, plan and supervise the work being undertaken.  Trench collapses are easy to prevent, and it is disappointing that James’ life was lost in such a tragic way.  The family has shown great patience and support throughout this investigation which is a credit to both them and James’ memory.”

Balfour Beatty Utility Solutions Limited, of Park Square Newton, Chambers Road, Chapeltown, Sheffield pleaded guilty of breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, Regulation 31(1) of the Construction (Design and Management) Regulations 2007 and Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999 and was fined £2.6million with £54,000 costs.

Scaffold company fined for safety failings

A Scaffold company in Bridgend has been fined for safety failings following a routine inspection.

Llanelli Magistrates’ Court heard how OW Scaffolding was working at Heol y Parc, Cefneithin when they had a routine inspection which highlighted several safety failings.

An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on 30 September 2015, found that there was poor planning, inadequate risk assessments, inadequate site supervision and inadequate and insufficient equipment.

OW Scaffolding Limited, of Village Farm Industrial Estate, Pyle, Bridgend, pleaded not guilty to breaching Regulation 4 of the Work at Height Regulation 2005 but was tried in its absence and found guilty and fined £1,000 and ordered to pay costs of £3,700.

Company fined after agency worker seriously injured

A Suffolk cargo handling company has been fined £100,000 after an employee suffered serious injury when a sheet of marble weighing one tonne fell on him. 

Ipswich Crown Court heard how an employee of Extreme Handling Limited was working at GMA Warehousing and Transport Limited’s Felixstowe site.  He was assisting a fork lift truck operator to move a one tonne sheet of marble from a container when it fell on him. He sustained serious and extensive crush injuries to his legs as well as a fractured sternum and severe lacerations to the back of his head. 

An investigation by the Health and Safety Executive into the incident, which occurred on 15 August 2014, found that there was an unsafe system of work being used to move the load. 

GMA Warehousing and Transport Limited, of Central Avenue, Ransomes Europark, Ipswich, Suffolk, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, and was fined £100,000 and ordered to pay costs of £9938.38. 

HSE inspector Jessica Churchyard said after the hearing: “Employers have an absolute duty to ensure that they do everything reasonably practicable to ensure the health and safety of their employees.” 

Source: www.hse.gov.uk