Tuesday 21 June 2016


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.

 

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.


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!

 

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