Monday, 5 September 2016


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 30th 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

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