Health and Safety in the news this week

Lost parrot doesn’t give a hoot about health and safety

 A parrot proved she doesn't give a hoot about health and safety after she was found flapping around a building site.

Ripley, a red eclectus parrot, was flying around the David Lloyd gym site currently under construction in United Way, Colchester.

The baffled builders, clad in hi-vis jackets and hard hats, contacted the RSPCA.

Animal collection officer Rebecca Yarrow said:

“The builders had a bit of a shock when they were confronted by a parrot on Monday morning. Ripley obviously doesn’t give a hoot about health and safety but, luckily for her, the quick-thinking workers were able to confine her in an empty room before I got there to catch her.  I took her to our Essex North East branch and Ripley is now being cared for by staff and volunteers at the RSPCA’s Danaher Animal Home”.

Source: Colchester Daily Gazette

HSE prosecution round up:

Refinery firm fined £400,000 after gangway fall

Valero Energy UK Limited has been fined £400,000 following a serious accident at its Pembroke Refinery.

Judge Peter Heywood sitting at Swansea Crown Court heard the Berth 6 access tower walkway that provided gangway access to a stationary tanker vessel on 5 March 2012 had dropped 3.5 metres, causing operator David Thomas to be trapped by a slack wire rope.

He suffered fractures and lacerations to both legs and a dislocated knee.

An investigation by the Health and Safety Executive (HSE) found multiple failings leading up to the incident which led it to launch the prosecution. The court heard numerous failings included:

• failed to carry out a sufficient risk assessment of the use and operation of the access tower, with the result that the dangers of jamming, slack cable, and personnel accessing the walkway without engaging the scotching pin were neither identified or addressed and the hierarchy of risk control was not applied.
• failed to provide adequate information, instruction and training to employees as to the safe use and operation of the access tower.
• failed to carry out adequate investigations into the previous and related incidents of September 2011, February 2011 and, in particular, August 2010.
• failed to review the check-list risk assessment in light of those incidents.
• failed to act on the recommendations of their inspection contractor, particularly in respect of the jamming problem and the absence of any access gate interlock and ignored comments on one report of their that there was a “potential fatal accident waiting to happen’’.
• failed to install any means of detection or prevention of slack cable in the mechanism.
• failed to detect that the access tower was neither CE marked, nor subject to a Declaration of Conformity, as required.

Valero Energy UK Limited (previously known as Chevron), of Pembroke Refinery, Pembrokeshire, pleaded guilty to a single charge of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 at a previous hearing. It was fined £400,000 and ordered to pay costs of £60,614.

Speaking after the hearing, HSE inspector Andrew Knowles said:

“It was particularly disappointing to find that although the company knew there had been problems with the operation of the access tower the company had failed to investigate these properly and had relied on changes to instructions, rather than taking action to modify the defective hardware, as required by the hierarchy of risk control.

“This was even more surprising in view of the fact that the company operates a major hazard refinery site where you would expect such problems to be taken more seriously and effectively investigated, with suitable corrective actions implemented.”

Worker suffers life threatening injuries after drum explodes

A Kent company who supplies road safety products has been fined after a worker suffered life threatening injuries when a drum he was working on exploded.

Maidstone Crown Court heard how 41 year old Andrew Foster, an employee of Highway Care Limited was using a plasma cutter to cut up a drum that had previously contained a flammable substance. Mr Foster suffered life threatening injuries when the drum exploded in his face causing complex head and brain injuries. He has permanently lost vision in his right eye and now has very limited vision in his left eye.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 6 August 2012 found that the company failed to ensure the health and safety of their employees.

Highway Care Limited, of Detling Hill, Maidstone, Kent, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £660,000 and ordered to pay costs of £33,358.46.

HSE Inspector Caroline Fullman said.

“Andrew Foster has been left with devastating injuries that will impact on the rest of his and his family’s lives. This incident could have resulted in a fatality.

“If a welding torch or plasma cutter is used on a tank or drum that has contained or contains a flammable substance, it can explode. It only takes a small amount of residue to create a potentially flammable atmosphere.

“Mr Foster wants others to learn of the risk of hot work on drums and tanks – he was previously unaware of the risk.”

Illegal Newquay gas fitter sentenced for undertaking unregistered gas work

An unregistered gas fitter has been order to complete 250 hours of community service for illegally installing a LPG gas boiler and hob at a Newquay home as well as producing fraudulent documentation.

Dean Marshall, aged 47, of Dukes Way, Newquay, installed the gas boiler and gas hob at a property on Chynowen Lane, Newquay several years after his registration with Gas Safe Register had lapsed, meaning he wasn’t permitted to carry out gas work. His previous registration with Gas Safe Register did not cover any work on any LPG gas appliances as he had never completed the proper training for this work. Despite this he continued to use the Gas Safe Register logo on paperwork he issued.

Truro Crown Court heard today, 15 September, that Mr Marshall’s illegal gas work came to light when the homeowner, who had been repeatedly asking for the commission documentation for the new boiler, noticed that Dean Marshall had used another name and registration number on the commissioning certificate.

An investigation by the Health and Safety Executive (HSE) found that Dean Marshall had fraudulently used a Gas Safe registered engineer’s details to deceive the homeowners.

Mr Marshall pleaded guilty to breaching Regulation 3(3), 3(7), and 33(2) of the Gas Safety (Installation and Use) Regulations 1998 and was sentenced to undertake 250 hours unpaid work for each offence to run concurrently and ordered to pay £4,966.42 in costs.

HSE Inspector Simon Jones, speaking after the hearing, said:

“Only engineers registered with Gas Safe can legally carry out gas work.

Mr Marshall undertook gas work which he knew he shouldn’t do. He compounded his illegal work by fraudulently using firstly the Gas Safe Register logo on his paperwork and then the details of a properly registered gas engineer on a commissioning certificate that he issued in a clear attempt to deceive the homeowners.

Manufacturing company fined for safety failings

A manufacturing company based in Somerset has been fined for safety failings.

Somerset Magistrates’ Court heard how employees at LJH Group Limited were identified as being at increased risk from working with vibrating tools following a fitness for work assessment.

An investigation by the Health and Safety Executive (HSE) found that the company failed to complete a suitable and sufficient assessment of risk from the use of vibrating tools and the failure to implement a suitable programme of health surveillance for their employees identified at risk.

LJH Group Limited of Leigh Road, Frome, Somerset, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, and was fined £16,000 and ordered to pay costs of £1,490 and a £250 victim surcharge.

West Midlands welding firm fined over worker injury

A Bilston engineering company has been sentenced after a worker was injured while operating a drilling machine.

Wolverhampton Magistrates’ Court heard that Mr Deimantas Beinoras, a 23-year-old Lithuanian national was injured while working for KV Welding Limited, which manufactures equipment for the material handling and logistics sector.

Mr Beinoras was operating a pedestal drilling machine to drill holes into some box section tubing. He was adjusting the work piece while the drill was still running when his gloved hand became entangled with the unguarded drill bit.

His arm was pulled around the drill and broke two bones in right forearm. His injuries resulted in skin graft being required on the arm.

The Health and Safety Executive (HSE) prosecuting, told the court that injuries could have been prevented if the drill was guarded with a telescopic guard covering the rotating drill bit, the injured person had not been wearing gloves, a suitable and sufficient risk assessment had been completed to identify required control measures and if the employee had received proper training.

KV Welding Limited of Perry Street, Bradley, Bilston admitted breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £10,000 and ordered to pay £2,168.73 in costs.

Speaking after the hearing HSE inspector Richard Littlefair said:

“It is vital that companies understand the importance of using suitable guarding when employees are operating drilling machines as there are significant risks involved which may lead to serious personal injury.  Other simple measures such as not wearing gloves can be taken to eliminate the risk of entanglement involved with operating drilling machines or any other machinery with moving/rotating parts.”

Source: www.hse.gov.uk

Health and Safety in the news this week

A body that was found in the rubble at Didcot power station has been identified, more than six months after the power station collapsed.

Father of one, Christopher Huxtable, 34, from Swansea was found in the ruins of the collapsed building last Wednesday.

Four people died when the plant exploded and collapsed on 23 February.

The body of Michael Collings, 53, from Teeside, was recovered from the site on the day.
John Shaw, 61, and Ken Cresswell, 57, both from Rotherham, still remain missing.

A Guard of Honour marked the removal of Christopher’s body and included representatives from the families of the missing men, Thames Valley Police, Oxfordshire Fire and Rescue, RWE and Coleman and Company.

Swansea East MP Carolyn Harris, who has been involved with the family since the incident, said they still did not know all the facts of the collapse.

She said: “I feel very sad. My heart and my prayers go out to the family who have waited desperately for Christopher’s body to be found.  They can finally have closure, and say goodbye to him and grieve his loss.  But let’s not forget that there are two other families who are still waiting for their loved ones to be returned.”

Source: www.shponline.co.uk

HSE prosecution round up:

Roofing firms fined after worker fell to his death

Two roofing companies and one of their directors have been fined after a worker fell to his death through a skylight.

Cardiff Crown Court heard how 46 year old Lance Davies, a father of seven, died after falling over seven metres through a roof light at industrial premises in the Crumlin area of South Wales.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 15 December 2011 found that the work at height on the roof was not properly planned, managed or monitored.  There were inadequate control measures in place to prevent a fall through the roof lights.

SPAN Roofing Contractors Limited, of Sunnyside Road North, Weston Super Mare, North Somerset, pleaded guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007, and was fined £65,000 and ordered to pay costs of £37,500.

B & T Roofing Solutions Limited, of Arthur Street, Ystrad, Pentre, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974, and was fined a total of £20,000.

Kristian Griffiths, of Arthur Street, Ystrad, Pentre, a director of B & T Roofing Solutions Ltd pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 by virtue of Section 37 of the Health and Safety at work etc Act 1974, and was given a 160 hours community service order.

B & T Roofing Solutions and Kristian Griffiths were ordered to pay costs of £32,500 between them.

Following the hearing, HSE Principal Inspector Paul Harvey said:

“Falls through fragile roof lights and roofs are one of the biggest causes of fatalities and serious injury in the construction industry.  The issue is well known in the construction industry and there is plenty of guidance available.  The tragic death of Mr Davies could easily have been avoided had the work been planned, managed and monitored effectively and simple and cost effective control measures put in place.”

Company director jailed following worker's death

A company director has been jailed for 12 months following the death of one of his workers.

Father-of-three Paul Williamson, who was 51 years old, died on 29 January 2014 when a remote controlled Mobile Elevated Working Platform (MEWP) he was loading on to a truck fell from the ramps and crushed him.

Manchester Crown Court heard how Paul Williamson had not been adequately trained on the use of the ramps, the lorry and the MEWP.  There was no risk assessment in place and no safe system of work had been created for the equipment, which had only been in operation for eight days.

The gradient of the ramps were above the manufacturer’s specification and they were not secured to the lorry.   As the MEWP, a Spider 1800, was loaded onto the truck it toppled off the ramps on to Paul Williamson.

Company director Kenneth Thelwall, Burleigh Road, Enfield, was charged under section 37 of the Health and Safety at Work Act, sentenced to 12 months in prison and ordered to pay costs of £4,000.  He was also disqualified from being a company director for seven years.

Thorn Warehousing Ltd was charged under Section 2 of the Health and Safety at Work Act was fined £166,000 and ordered to pay £10,400 costs. The company is currently in administration.

HSE’s Inspector, Helen Jones said:

“Kenneth Thewall failed in his duty as a director to protect his workers.  He was involved in the day-to-day running of Thorn Warehousing Ltd and should have ensured the company provided Paul Williamson with the right equipment and training to carry out his job.  Had he done so Mr Williamson would still be alive today.  This case should act as a stark warning to all company directors of their personal responsibility to protect their workers’ health and safety and the tragic consequences when they fail.”

Conservatory roof manufacturer fined after workers fall

A conservatory roof manufacturer and installer has appeared in court after a worker suffered serious injuries in a fall from a conservatory roof.

The 59 year old worker from Bolton suffered a fractured skull which resulted in a bleed on his brain and a shattered eye socket in the incident which occurred at a property in Newton Le Willows in June 2015.

The incident was investigated by the Health and Safety Executive (HSE) which prosecuted Phil Coppell Ltd for serious safety failings and failing to report a previous incident in 2013 when the same employee fell off a roof and lost consciousness, and another employee suffered multiple broken ribs in a fall through a skylight.

Manchester and Salford Magistrates Court heard that two workers had been carrying out repair work on the roof of the conservatory.  Whilst working alone on the roof the employee lost his footing and fell approximately 2.5 metres onto a patio area below.

There were no preventative measures in place to prevent the risk of a fall from height.  An Improvement Notice was served by HSE during the investigation and the company subsequently developed a barrier for use as edge protection.

Phil Coppell Ltd of Cemetery Road, Radcliffe, Greater Manchester pleaded guilty to a breach of Regulation 6(3) of the Work at Height Regulations 2005 and breaches of Regulation 3(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995, and Regulation 4(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, and was fined £40,280 and ordered to pay costs of £1,464.70.

Speaking after the hearing HSE inspector Christine McGlynn said:

“This incident could have been avoided if the company had learned lessons from two previous similar incidents in 2013.  The risks of working from height are well known and there is plenty of guidance available.  Employees of this company were exposed to the risks of falls over a prolonged period of time.  Generally work of this nature is at the rear of premises and is not visible or easy to monitor, however this prosecution should highlight, in particular to other companies who carry out work on conservatory roofs, that they should have in place control measures to prevent the risk of falls”.

Engineering Company in court over fork lift incident

An engineering company in Knowsley has been fined after an employee was badly injured when he was struck by a metal structure during a lifting process.

The 46 year old worker from Skelmersdale sustained serious flesh wounds and a fractured arm in the incident on the 30^th June 2014.

Knowsley Engineering Services Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation found the company had failed to ensure that the lifting operation was suitably planned, supervised or carried out safely.

Liverpool Crown Court heard that the worker and a colleague were attempting to manoeuver the structure out of the premises using a fork lift truck.  Whilst trying to raise the structure from its supporting trestles it twisted, and swung towards the worker, entering the cab of the fork lift truck and striking him.

The company had not carried out a risk assessment and no formal training had been provided for the employees.

Knowsley Engineering Services Ltd of Peel Road Industrial Estate, Skelmersdale pleaded guilty to a breach of Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £30,000 and ordered to pay costs of £7,670.

Speaking after the hearing HSE Inspector Imran Siddiqui said:

“Had the company taken basic steps such as providing suitable training so those undertaking the lift were in a more informed position to assess and then adequately manage the risks, this incident would have been avoided.”

Textile factory owner fined for insurance failings

The owner of a textiles firm has been prosecuted after failing to demonstrate that up-to-date insurance was in place.

Merthyr Magistrates’ Court heard that William Cuthbert trading as BC Shirts, failed to provide evidence of Employer’s Liability Compulsory Insurance (ELCI) to the Health and Safety Executive (HSE) over a period of six months.

William Cuthbert, trading as BC Shirts, of Unit 4, Oaklands Business Park, Ferndale, Rhondda Cynon Taf was charged with breaching the Employers’ Liability (Compulsory Insurance) Act 1969 and was fined £1000 in total and ordered to pay costs of £9,143.35.

Speaking after the case HSE Inspector Wayne Williams said:

“Failure to provide suitable insurance puts workers at risk of not being adequately compensated in the event of an injury or illness sustained whilst at their place of work”.

 

Engineering firm fined after worker suffers severe leg injuries

A company based in Milton Keynes has been fined for safety failings after a worker suffered serious injuries to his leg.

Aylesbury Crown Court heard how workers at GEA Mechanical Engineering Limited (GEA) were attempting to lift a 900kg decanter scroll back into its mobile trailer, following a service in the workshop.  Struggling to manoeuver it far enough into the trailer, they asked an employee from the office staff to assist them.

Ralph Jago, aged 47, a technical support supervisor, went to their aid but during an attempt to lift the decanter, it slid forward trapping Mr Jago’s right leg against metal racking and badly breaking it.  He was trapped for an hour and a half before fire and rescue services were able to free him.  He suffered serious fractures to his right leg requiring metal rods and pins to be inserted.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 29 January 2015 found that the company failed to ensure staff were suitably trained and competent to plan and carry out a lift of this complexity.

GEA Mechanical Equipment (UK) Limited, of Westfalia House, Wolverton Road, Old Wolverton, Milton Keynes, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, and was fined £75,000 and ordered to pay costs of £15,831.

Construction firm in court after worker fractures spine in roof fall

Construction firm Montway Ltd has been fined £144,000 after a worker was seriously injured when he fell off a roof during demolition work.

Southwark Crown Court heard that on 25 February 2013 two workers were working on the roof of a two storey detached house at 17 Basing Hill, Golders Green in London.

Romanian labourer Mr. Ioan Vancea fell from the partly demolished roof and suffered serious injuries.  No scaffolding had been provided and the work was not being supervised.

Mr. Vancea fell some five metres from the roof to the ground and sustained a series of injuries including a fractured spine. He was in an induced coma for two weeks and remained in hospital for three months.

The site was inspected by the Health and Safety Executive (HSE) two weeks after the incident and unsupervised demolition work was still being carried out. A number of serious matters were identified including asbestos which had been removed from the house and was found in a pile by a neighbouring property’s hedge and in broken pieces mixed in with other debris. Enforcement Notices were immediately served to ensure workers and members of the public were protected.

Montway Limited of Batchworth House, Batchworth Place, Church Street, Rickmansworth, Hertfordshire, WD3 1JE pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined £144,000 and ordered to pay £43,606.15 in costs.

Montway Ltd originally pleaded not guilty, but changed their plea and sought a Newton Hearing to determine numerous issues it disputed.  The Newton Hearing took place before District Judge Roscoe between 23-24 May 2016.

HSE inspector Andrew Verrall-Withers commented after the hearing:

“Mr. Vancea’s injuries were life changing and he could easily have been killed.  This serious incident would have been avoided if scaffolding had been provided.  Montway Ltd’s site documents even identified it was needed.  Montway Ltd sought a Newton hearing so they could dispute numerous issues in front of a District Judge.  They were unsuccessful and the Judge’s ruling confirmed she was satisfied that their approach towards the welfare of their employees was lax and casual, and it was their overall poor management of health and safety that directly led to this incident.”

Manufacturing firm fined after worker’s arm injured in roller

A Wirral based company has been fined £170,000 after a worker’s arm was injured in machinery.

Warwick Crown Court heard how an installation engineer of Sovex Limited suffered a broken arm when it was pulled into machinery at the UK Mail site in Coventry, where he was commissioning a new conveyor belt system.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 21 January 2015, found there was a lack of effective guarding and isolation procedures on the machinery.

Sovex Limited, of Prenton Business Park, Prenton Way, Prenton, Wirral, were found guilty of breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, and was fined £170,000 with £24,000 costs.

Source: www.hse.gov.uk