Tuesday, 10 May 2016


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”.



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.” 


 

 

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