Monday, 23 May 2016


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.”


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.

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