Health and Safety in the news this week

Institution of Occupational Safety and Health (IOSH) statement on UK voting to leave EU

IOSH Head of Policy and Public Affairs Richard Jones said:

"Post-Brexit, the UK now has less influence over EU law.  Now we're exiting, it's vital the UK continues to apply our successful risk-based health and safety system, which includes laws from EU directives, because it's been found to be fit for purpose by several independent reviews and is respected and imitated across the world.

IOSH will continue to promote agreed international standards and to defend against any erosion of health and safety protections.

As UK organisations will want to continue to trade with Europe, it will be in everyone's interest to maintain the status quo.

The UK has already helped to influence sound foundations for European health and safety and beyond and our expertise will continue to be sought and valued."

HSE prosecution round up:

Suspended prison sentence for unregistered gas fitter

A gas fitter from Walsall has received a suspended prison sentence after he fitted a hob at a house in Tamworth when not on the Gas Safe Register.

Alan Nicholas Price’s work came to the attention of HSE after a registered fitter subsequently carried out repairs on the gas hob.

Price, 57, from Pelsall, was charged with breaching Gas Safety (Installation and Use) Regulations.  He failed to appear in court on two separate occasions and was arrested. At Stafford Crown Court, he pleaded guilty and was given a nine-month prison sentence, suspended for two years.

He was also ordered to complete 100 hours of community service and pay £100 towards HSE’s costs.

Gas Safe Register^[1] maintains the register of businesses and operatives who are competent to undertake gas work. Under the Gas Safety (Installation and Use) Regulations, for a gas engineering business or operative to legally undertake gas work within the scope of the regulations, they must be on the Gas Safe Register.^[2]

Speaking after the hearing, HSE inspector Wayne Owen said:

“When working on gas systems it is vital that the person has sufficient knowledge, training and experience so that they are aware of safe working practices and standards.  This is due to the level of risk if gas systems are not worked on and fitted safely.  The risk is posed not only to the person carrying out the work but to anyone else who may be in the vicinity of the systems afterwards; in this case the occupants of the house.”

 

Wear helmets on quad bikes, pleads farm safety chief

An agriculture safety chief has urged farmers not to ignore simple life-saving advice to wear helmets when riding quad bikes.

Rick Brunt’s call comes after details of an horrific incident, when a teenager suffered a serious head wound, emerged in court proceedings.

The farm worker, aged 17, from Shap, Cumbria, was trapped underneath an overturned quad bike for an hour with a wound that later needed 17 stitches.

Carlisle Magistrates’ Court heard that family partnership JF & M Bland had contracted the worker for general agricultural duties and he was instructed to use the firm’s quad bike to get to a large sloping field.

He did so, without any training, and with no helmet provided for him to wear.  The vehicle overturned and it was an hour before one of the partners of the company found him.

After investigating the circumstances of the incident, which happened in April 2014, the Health and Safety Executive decided to prosecute JF & M Bland, of Dacre, Penrith, for breaches of health and safety laws.

The company pleaded guilty to breaching Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998.  It was fined £6,000 and ordered to pay costs of £4,693.

Rick Brunt, head of agriculture at HSE, said:

“Vehicle-related accidents are a significant problem in agriculture and one of the biggest killers.  Only people who are trained and capable should operate all-terrain vehicles, like quad bikes.  Every year, on average, we see two deaths and numerous injuries involving ATVs.”

HSE inspector Matthew Tinsley, who investigated and prosecuted for HSE, said:

“This is a reminder to all farmers and farm workers that it just isn’t worth taking unnecessary risk.  Training is vital, as is head protection. This is simple, common sense advice that, if followed, can save lives.”

 

Suspended prison sentence for unregistered gas worker

A man who fitted central heating boilers at two houses in Greater Manchester has received a suspended prison sentence, after he admitted he did not have the required safety registration to do the work.

Christopher Dignam, trading at Blue Flame Plumbing and Heating Services, has never been on the Gas Safe Register, the body which ensures those who carry out gas work are competent to do so.

One of the two boilers fitted by him in November and December 2014 was found by a Gas Safe investigator to be ‘at risk’ – meaning that faults were present which could constitute a danger to life or property.

Advertisements for Blue Flame Plumbing and Heating in two local publications showed a Gas Safe Register logo and a registration number which does not belong to Dignam, confirming that he knew he should be Gas Safe Registered, the court heard

Speaking after the hearing, HSE inspector Caroline Shorrock said:

“Dignam showed a reckless and flagrant disregard for health and safety requirements. He knew he should be registered with Gas Safe and he exposed customers to a risk of serious injury or death.”

Dignam, of Kenyon Lane, Middleton, Manchester, pleaded guilty to two breaches of Regulations 3(3), and for breaching 3(7) and 26(1) of the Gas Safety (Installation and Use) Regulations 1998.  He was sentenced to 12 months custody, suspended for two years.  He was ordered to pay £460 and £400 compensation to the two homeowners and £3,000 costs.

 

Fish processing firm fined after man killed by falling boxes

 

 

 

 

 

 

 

 

 

 

A Plymouth company has been fined £500,000 after an employee suffered fatal injuries when a stack of boxes of frozen fish fell on him.

Tomas Suchy, 22, an employee of Interfish Limited, was helping to clear up a fallen stack of frozen fish boxes in one of the cold store areas when there was another fall of stock which struck him.  He received multiple and severe injuries which proved fatal.

An investigation by the Health and Safety Executive into the incident, which occurred on 18 October 2013, found there was no safe system of work or instruction to staff on how pallets should be stored.  There was no written procedure for dealing with falls of stock when they occurred.

Interfish Limited, of Wallsend Industrial Estate, Cattedown Wharves, Plymouth, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.  At Plymouth Crown Court it was fined £500,000 and ordered to pay costs of £24,800.

HSE inspector Emma O’Hara said after the hearing:

“Safe stacking of stock is a cross-industry necessity and can often be overlooked when considering safe systems of work.  Duty holders need to ensure that they are stacking safely and that they have a plan for dealing with any unforeseen circumstances such as a fall of stock.”

 

Source: www.hse.gov.uk

Fee for Intervention

Fee for Intervention (FFI) is the HSE’s cost recovery regime implemented from 1 October 2012, under regulations 23 to 25 of The Health and Safety (Fees) Regulations 2012. 

The fee payable by dutyholders found to be in material breach of the law is £129.00 per hour.  The total amount to be recovered will be based on the amount of time it takes HSE to identify and conclude its regulatory action, in relation to the material breach (including associated office work), multiplied by the relevant hourly rate.  This will include part hours.

A material breach is when, in the opinion of the HSE inspector, there is, or has been, a contravention of health and safety law that requires them to issue notice in writing of that opinion to the dutyholder.

Written notification from an HSE inspector may be by a notification of contravention, an improvement or prohibition notice, or a prosecution and must include the following information:

·         The law that the inspector’s opinion relates to;

·         The reasons for their opinion; and

·         Notification that a fee is payable to the HSE.

Dutyholders who are compliant with the law, or where a breach is not material, will not be charged FFI for any work that HSE does with them.

Source: www.hse.gov.uk

 

HSE prosecution round up:

Firm fines £1million after young worker killed by exploding tyre

A Kent tyre company has been sentenced for safety failings after 21-year-old Matthew Hoare, from Canterbury was killed when a tyre exploded.

Canterbury Crown Court heard how Matthew, an employee of Watling Tyre Service Limited of Kent, was repairing a puncture to the tyre of a ‘dresser loading shovel’ when it exploded.

An investigation by the Health and Safety Executive (HSE) found that Matthew was working on his own with inadequate work equipment which was not properly maintained. He was not trained or competent to undertake the work he was told to complete.

After the hearing, HSE Principal Inspector Mike Walters said:

“Employees need to be provided with properly maintained equipment and the correct equipment to undertake tasks whilst out on site. Employees also need to be trained and competent in the tasks they were asked to undertake.”

Watling Tyre Service Limited pleaded guilty at a previous hearing on 29 January 2016, to breaches of Section 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974 and were fined £1 million and ordered to pay costs of £99,485.

 

Firm fined for safety failings at property development

A company based in Cardiff has been fined for safety failings during a property development.

Pontypridd Magistrates’ Court heard Ziman Trading Limited, formerly Ziman Investments Limited (Ziman), was acting as the principal contractor at the property development of the former New York Hotel, York Street, Porth.

An investigation by the Health and Safety Executive (HSE) found that the company failed to ensure that appropriate measures were in place to control risks on site, including falls from height, exposure to asbestos and the risk from fire.

The company failed to effectively plan and manage the work which put workers at risk. Ziman did not co-operate with the investigation and failed to comply with enforcement action taken by the HSE.

Ziman Trading Limited, of Cefn Coed Road, Cyncoed, Cardiff, pleaded guilty to breaching Regulation 13(1) of the Construction (Design and Management) Regulations 2015 and Section 33(1)(G) of the Health and Safety at Work etc. Act 1974.  The company was fined £50,000 and ordered to pay costs of £5,478.

Roofer fined for unsafe roof work

A Bracknell based roofer has been fined for safety failings after a complaint was made to HSE regarding unsafe roof work.

No-one was injured in the incident at Sabine Gates, Old Bracknell Lane, Bracknell on 27 August 2014, however members of the public were endangered by the potential for falling objects.

Reading Magistrates’ Court heard that Terry Colwell trading as T Colwell Roofing from Bracknell, had been contracted to undertake roof repairs to the property by Grosvenor Court (Bracknell) Management Company Limited (Grosvenor Court).

Terry Colwell chose to carry out the work without a scaffold, working at heights of up to eight metres with no fall protection or falling object protection to protect members of the public.

An investigation by the Health and Safety Executive (HSE) established that Terry Colwell undertook the work for £650.  The price of a scaffold would have been between £1400 and £1500.

Terry Colwell, trading as T Colwell Roofing, of Hardwell Way, Harmans Water, Bracknell, was fined a total of £2,000 and ordered to pay £1,966 in costs after pleading guilty to a single breach of the Health and Safety at Work etc Act 1974.

After the hearing HSE Inspector John Caboche said:

“This was a serious incident that could have ended in tragedy for Mr Colwell or a member of the public had he fallen or had a loose roof tile been dislodged during the repairs.  The incident was wholly preventable and could have been avoided had Mr Colwell used a scaffold and not undercut the other roofing company and if the operation been better planned and managed.  It is essential that roof work is carefully assessed by competent persons, with a plan in place to prevent falls of persons and objects.  Roof work remains one of the most dangerous activities in the construction sphere.  Terry Colwell was fully aware of the dangers of roof work and HSE publishes extensive guidance that is readily available of how to safely manage this type of work.”

BT fined £500,000 after engineer breaks his back in fall

British Telecom plc (BT) has been fined £500,000 after an engineer fell seven metres from a loft in London, breaking his back and his ankles.

The Old Bailey heard how a BT engineer, David Spurgeon, was fixing a telephone fault in the roof void of a residential block of flats in Tower Hamlets, East London.  Mr Spurgeon was working alone when he lost his balance and fell through the ceiling, landing on a concrete stairwell, sustaining his serious injuries.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred in May 2011 found there were a number of management failures by BT, including inadequate planning of work taking place near fragile surfaces and checking that it was carried out safely.

British Telecom plc, of Newgate Street, London, was found guilty of breaching Section 2(1) of the Safety and Health at Work etc Act 1974 and was fined £500,000 and ordered to pay costs of £98,913.51. In his sentencing remarks the judge criticised BT for attempting to blame its own engineers for the incident. He described their approach as being ‘not necessary, misplaced, and unfortunate’.

HSE inspector Kevin Smith said:

“David Spurgeon is lucky to be alive.  There were a number of failures of health and safety management by BT which related to planning the work, supervision, and checking it was being carried out safely. Work at height needs to be properly planned, and this incident could have been prevented.”

Worker contracts allergic contact dermatitis

A company based in Hereford which manufactures rubber sealants has been fined after a worker contracted allergic contact dermatitis.

Hereford Magistrates’ Court heard how an employee contracted the skin disease after being exposed to sensitising ingredients in rubber compounds.

An investigation by the Health and Safety Executive (HSE) found that the company failed to assess risks from products used or manage those risks.  The company’s health and safety advisor failed to understand the underlying issues to the level required for the company to understand its responsibilities.

TRP Polymer Solutions Limited, of Netherwood Road, Rotherwas Industrial Estate, Hereford, pleaded guilty to breaching Section 2 of the Health and Safety at Work etc Act 1974, and Regulations 6 and 11 of the Control of Substances hazardous to Health 2002 (COSHH), and was fined £40,000 and ordered to pay costs of £6,529.

Paula Underwood, of Slaughter Castle, Kimbolton, Leominster, Herefordshire, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974, and was fined £1,000 and ordered to pay costs of £200.

Worker suffers serious injury from contact with overhead power line

A stonemasonry company in Perth has been fined after an apprentice stonemason was seriously injured from contact with an overhead power line.

Perth Sheriff Court heard how 20 year old apprentice Rodd McFarlane was working for T&M Stonemasonry, carrying out repairs at Waulkmill Cottage in Perth.

During this work, McFarlane erected a tower scaffold to carry out some re-pointing work.

While on the scaffold he came into contact with overhead 240 volt electricity power lines that were supplying the cottage.  The wind caused the power line to brush against his back causing him to turn around instinctively and grab the live wire.  The flow of the current meant he was unable to let go for a few seconds until he jumped down from the board on the tower scaffold.  His weight broke the wire and interrupted the flow of current.  He received an electric shock and suffered burns to both hands requiring graft surgery and a possible future amputation of a little finger.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 2 August 2012 found that the stone masonry company should have developed a safe system of work.

T&M Stonemasonry, of Highfield Road, Scone, Perth, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, and was fined £16,000.

Source: www.hse.gov.uk

HSE Health and Safety Myths Buster

We might be watching the Euro 2016 competition at the moment, but this myth has a football flavour!

Builder quits job after being ordered to remove flags put up to support England in the World Cup

Issue

A furious builder has quit his job in London after he was ordered to remove two flags which he put up to support England in the World Cup.

Panel decision

Health and safety law does not stop anyone supporting their team and celebrating major sporting events. It seems that a key reason for taking these England flags down was that workers of other nationalities might also want to do the same in support of their own national teams but it’s difficult to see why that would be a problem and certainly not a health and safety one!

 

HSE prosecution round up:

 

Death of road worker prompts HSE warning to HGV drivers

HGV drivers are frequently putting lives at risk by not following basic safety procedures when coupling and uncoupling vehicles, the Health and Safety Executive warned today.

The workplace health and safety regulator urged drivers to apply parking brakes and use (or retrofit) warning alarms to avoid a repeat of an incident in January 2015 when a 20-year-old man died.

Road worker Dale Pentney was crushed by an HGV tractor unit which unexpectedly rolled backwards as driver Anthony Steven Smith was in the process delivering materials for repairs to the A21 in Kent.

On 24 May, at Sevenoaks Magistrates’ Court, Smith was given a suspended prison sentence.  He pleaded guilty to causing death by careless driving and a breach of section 7 of the Health and Safety at Work Act.

The court heard Smith, 48, of Philadelphia Road, Porthcawl, Newport, Wales, was an experienced HGV driver and was in the process of connecting his tractor unit to another parked trailer when it rolled backwards.

Two men working with Mr Pentney were able to jump out of its way but Mr Pentney was unable to do so and was trapped between the two vehicles.  He sustained major head injuries and died at the scene.

A joint investigation by Kent Police and HSE found that Smith failed to apply the parking brake of the tractor unit before he left it.  He also failed to follow recognised industry coupling procedures.

Smith was sentenced to 12 weeks’ imprisonment (suspended for 12 months) and disqualified from driving for 12 months.

HSE inspector Melvyn Stancliffe, speaking after the hearing brought by the Crown Prosecution Service (CPS), said:

“This was a tragic and wholly avoidable accident and HSE’s sympathies are extended to the Pentney family.  Sadly, it shows how dangerous situations can develop very quickly. These coupling/uncoupling incidents – known as ‘runaways’ or ‘rollaways’ – are all too common.  Many vehicles are fitted with visual and audible parking brake warning alarms, and if they are not fitted, hauliers should consider retrofitting them to their tractor units as HSE considers it reasonably practicable to do so.  These alarms must never be ignored.  Drivers must ensure they correctly apply the tractor unit parking brake before exiting the cab and then follow safe decoupling and coupling procedures.”

Nigel Pilkington, head of CPS South East complex casework unit, said:

“Although Dale died whilst he was at work, it was important to charge Anthony Smith with the serious offence of causing Dale’s death by careless driving.  The sentence rightly reflects the fact of his careless driving on that day.”

 

Recycling company fined after worker was injured in machinery

A recycling company in Nantwich has been fined after a 24 year old worker was seriously injured when he was dragged into machinery.

Chester Crown Court heard how a worker for Nick Brookes Recycling Limited was dragged into the unguarded conveyor resulting in his right arm having to be amputated up to his shoulder.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 8 August 2013 found the conveyor belt was in extremely poor condition and access to the belt was possible as it was unguarded.

The employee was working on an ‘infeed conveyor’ which transfers waste brought by skip wagons onto a picking line.  The court heard how the conveyor was jamming frequently in the run up to the incident and there was a lack of information, instruction, training and supervision provided by the company to it employees.

Nick Brookes Recycling Limited, of Green Lane, Wardle, Nantwich, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, and was fined £80,000 and ordered to pay costs of £13,000.

Speaking after the hearing, HSE Inspector Adam McMahon said:

“Had the company assessed the risk, implemented the correct control measures and guarded the machine then the horrific incident could have been prevented”.

 

British Telecommunications PLC fined £600,000 after workers injured

British Telecommunications PLC has been fined after two of its employees were seriously injured in falls from height.

Teesside Crown Court heard how two British Telecommunications (BT) Open Reach engineers had been given a job at BT’s Darlington Automatic Telephone Exchange.  One of the engineers was installing a cable through a hole on the first floor along a ceiling level cable tray to the Main Distribution Frame (MDF) on the ground floor.  In order to carry out this work he was working on a stepladder in amongst the lighting system.  He felt a pain in his right arm and fell from the step ladder.  He was taken to hospital with head and back injuries.

The accident was not properly investigated and later that day the work was allowed to continue. The second engineer continued with the work himself, from a different ladder. However he too fell to the ground and was taken to hospital with serious skull and back injuries.

A year after the accident, the first engineer returned to work for BT.  However he had lost his sense of smell and taste and required physiotherapy for a number of years.  The second engineer received serious multiple fractures of the skull and spine, his sense of smell and taste had been affected, he was blinded in one eye, and has long term memory problems.

An investigation by the Health and Safety Executive (HSE) into both incidents, which occurred on 1st April 2010, found that the work had not been properly assessed or planned, despite workers being exposed to such serious risks as working at height close to an electrical system.  Serious failings were also found within the electrical lighting system in that area, where workers were exposed to live metal parts, some at 240 volts. The system was poorly constructed and had not been properly maintained or tested.  It is most likely that both engineers received electric shocks which threw them from the ladders.

British Telecommunication PLC, of Newgate Street, London, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, and was fined £600,000 and ordered to pay costs of £60,000.

HSE inspector Laura Lyons said after the hearing:

“Work at height and working close to electrical systems needs to be properly assessed and planned so that adequate controls can be put in place.  This duty rests firmly with the employer.  These life changing incidents could have been avoided if BT had provided safe systems of work and ensured that the electrical systems were properly constructed, maintained and tested. ”

 

Scottish power firm fined £1.75m after worker seriously scalded

A Scottish energy company was fined after a worker was seriously scalded at Longannet Power Station in Alloa.

Dunfermline Sheriff Court heard how a plant controller working for ScottishPower Generation Limited (SPGL) was injured when he opened a faulty valve which emitted high pressure, high temperature steam.  He sustained serious burns to his chest and legs.

An investigation by the Health and Safety Executive (HSE) into the incident, which happened on 12 October 2013, found that SPGL were aware of the defect but did not ensure appropriate steps were taken to either repair or remove the valve from use.

ScottishPower Generation Limited, of, Atlantic Quay, Robertson Street, Glasgow pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £1.75million.

The HSE principal inspector Fiona MacNeill said after the hearing:

“The plant controller suffered severe and life changing injuries.  This case has highlighted the importance for every employer of ensuring that systems are in place for maintaining work equipment in a safe condition, efficient working order and in good repair.”

 

Worker crushed between two vehicles

A waste management and plant hire company in Derbyshire has been fined after a worker was fatally crushed between two vehicles while refuelling.

Derby Crown Court heard how 39-year-old Matthew Lambert was refuelling his road sweeper at the yard of Leedale Limited.  The refuelling point on the vehicle was at the rear, and it was while he was refuelling that a tipper lorry reversed into him.  Matthew Lambert was crushed between the two vehicles and died of catastrophic head injuries.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 26 November 2013 found there were no marked or identified vehicle and pedestrian routes.  There were no rules or control of reversing manoeuvres, and the lighting at the site was poor and below the required standard.

Leedale Limited, of Heage Road Industrial Estate, Heage Road, Ripley, Derbyshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, and was fined £300,000 and ordered to pay costs of £50,737.

 

Source: www.hse.gov.uk