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HSE prosecution round up:
Horticultural Firm Fined over
Multiple Safety Failings
William Sinclair Horticulture Limited, has been fined over two
separate incidents that occurred at their Ellesmere Port and Lincoln sites. The incident at Ellesmere Port resulted in
serious injuries to a worker as he fell from an unsecured ladder.
On the 8 January 2015, Darren Taylor, aged 40, was assisting in
a deep clean of conveyor belts at the Ellesmere Port site and used a ladder so
that he could remove guards for access. As he ascended the ladder it moved, causing
him to fall 1.75 metres to the ground.
The Health and Safety Executive (HSE) investigation found that
the company did not have a risk assessment or safe system of work for the
cleaning of the conveyor belts or for the safe use of ladders. None of the workers involved in cleaning the
conveyor belts on the day of the incident had received training in the safe use
of ladders.
Bolton Magistrates’ Court heard that from February 2014, William
Sinclair Horticulture Limited had previously received two formal HSE warnings
that there was an issue on site in relation to unsafe work at height, but the
company failed to take adequate action.
The Court also heard that William Sinclair Horticulture Limited
failed to heed the advice of an HSE Inspector by not providing adequate
guarding on machinery at their Lincoln site. Following a proactive visit by the Inspector
on 28 January 2015, an Improvement Notice was served to improve the guarding of
the conveyors that fed products into the machines.
Subsequent visits on 4 March 2015, resulted in an additional
Improvement Notice being served in relation to guarding on the sand line. A third visit on 9 June 2015 the Company still
had significant issues with machine guarding, despite previous formal
enforcement action.
HSE inspector Helen Jones said after the hearing:
“William Sinclair Horticulture Ltd failed to act on the advice
they were given to improve safety standards at both their Ellesmere Port and
Lincoln sites. Because the company had
failed to ensure adequate control measures were in place to reduce the risk of
falling from height, Mr Taylor suffering serious injuries when he fell from the
ladder. A fixed platform had already
been identified as a better way to control the risk of falling from height, but
the company had failed to act to ensure the risks were significantly reduced.”
William Sinclair Horticulture Limited of Firth Road, Lincoln,
LN6 7AH, (currently in administration) was found guilty of breaching Section 2
(1) of the Health and Safety at Work Act 1974, and Regulation 11(1) of the
Provision and Use of Work Equipment Regulations 1998, and was fined £30,000 and
ordered to pay full costs of £7,071.
Company fined £90,000 for
safety failings
A coach company in Wrexham has been fined £90,000 after it
repeatedly failed to comply with legal notices to get its lifting equipment
examined.
Mold Magistrates’ Court heard that, between 4 April 2014
and 28 August 2015, GHA Coaches Limited failed to have its lifting equipment
thoroughly examined within the required timescales to ensure that health and
safety conditions were maintained and that any deterioration could be detected
and remedied in good time.
In 2015, an inspection revealed overdue Lifting Operations and
Lifting Equipment Regulations (LOLER) examinations on at least 14 items. An improvement notice was served, and extended
twice, and still resulted in a failure to comply.
An investigation by the Health and Safety Executive (HSE) found
that a previous improvement notice was served in 2011.
GHA Coaches Limited, of Vauxhall Industrial Estate, Ruabon,
Wrexham, pleaded guilty to breaching Regulation 9(3)(a)(ii) of the Lifting
Operations and Lifting Equipment Regulations 1998 (LOLER),and failing to comply
with an Improvement Notice, and was fined a total of £90,000 and ordered to pay
costs of £3,068.
Cargo handling company fined
for safety failings after worker injured
A cargo handling company based in Aberdeen has been fined after
a worker suffered serious injury.
Aberdeen Sheriff Court heard that North East Stevedoring Company
Limited (NESC), a cargo handling company was working at Clipper Quay, Aberdeen
Harbour.
On the morning of 13 June 2013, stows (containers) holding loose
pipes were being transported by a forklift truck (operated by an NESC employee)
from Clipper Quay to within reach of a crane on the quayside.
Christopher Smith, who was employed by Euroline Shipping Company
Limited as a ship’s agent to oversee loading operations, was making his way to
the vessel the pipes were to be loaded onto when he was struck on the lower
back by the cargo being transported.
He suffered a fracture of the left elbow and fractures of
several vertebrae. He has not returned to work since the incident.
An investigation by the Health and Safety Executive (HSE) into
the incident found that NESC failed to ensure sufficient separation between
vehicles and pedestrians. They did not
exclude pedestrians from the work area or provide pedestrian routes. There was no safe system of work in place at
Clipper Quay.
The court was told NESC was ultimately responsible for the
arrangement of their work site and the safety of those using it.
North East Stevedoring Company Limited, of Streamline Terminal,
Blaikies Quay, Aberdeen, pleaded guilty to breaching Section 17(1) of the
Workplace (Health, Safety and Welfare) Regulations 1992 and was fined £12,000.
After the hearing, HSE inspector Sarah Liversidge said:
“The law states duty holders must ensure the workplace is
organised in such a way that pedestrians and vehicles can circulate in a safe
manner. NESC failed in that undertaking,
there was insufficient separation between vehicles and pedestrians within the
loading area at the Quay that resulted in Mr Smith sustaining serious injury
that has prevented him from returning to work.”
Worker killed after fall
through roof
Two companies based in Northamptonshire have been fined after a
worker died following a fall through a roof.
Northampton Crown Court heard how an employee of A-Lift Crane
Hire Limited, who had been hired by Premier Roofing Systems Limited to provide
them with a crane to lift roofing sheets onto a factory roof at Virani Foods
Limited in Wellingborough. Whilst the sheets were being lifted onto the roof,
the employee fell through an unprotected skylight and died as a result of his
injuries.
An investigation by the Health and Safety Executive (HSE) into
the incident which occurred on 9 August 2013 found that preventative measures
to allow operatives to work safely on the roof were not put in place.
Premier Roofing Systems Limited, of Unit G, The Grove, Corby
Northamptonshire, pleaded guilty to breaching Section 3(1) of the Health and
Safety at Work etc Act 1974, and was fined £140,250 and ordered to pay costs of
£41,428.
A-Lift Crane Hire Limited, of Main Road, Wilby Northamptonshire,
pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc
Act 1974, and was fined £83,300 and ordered to pay costs of £21,500.
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