Consultants
out and about…
Spotted by our consultant Michael Broder in Kensington during morning rush hour - construction workers were loading waste into this skip with no safety controls in place and no consideration for the passing traffic or pedestrians.
Health and Safety in the news this
week
Star Wars film maker fined £1.6 million for injuring Harrison
Ford
The makers of Star Wars: The
Force Awakens have been sentenced after failing to protect the actors and
workers while on set during filming at Pinewood Studio, Slough, Buckinghamshire.
Harrison Ford suffered a broken
leg and deep lacerations when he was knocked off his feet and pinned to the floor
of the Millennium Falcon set as a prop door closed on him. HSE’s investigation
found that there was no automatic emergency cut off, to protect those on set,
instead relying on the reactions of the prop operator(s) to bring the door to a
stop.
Aylesbury Crown Court heard how
a combination of preventable events, starting with how the door was designed,
led to the incident.
During dress rehearsals on the
12 June 2014 Harrison Ford walked back towards the entrance ramp of the
Millennium Falcon and pressed the prop door button to ‘close’ the door. As the
cameras were not rolling he did not expect it to close. The production crew
member who was operating the prop believed they were in full rehearsal and
closed the door.
The door’s steel frame was
overlaid with sheets of metal and had a tapered edge. Its operation moved from
ceiling to floor in a sharp downward motion. It did not have any automated
safety mechanisms to cut out if a person was unexpectedly under the door.
The risk of the door
causing a serious injury or death had been highlighted by one of the
health and safety officers for the production company. Foodles Production (UK)
Ltd should have put a system in place to ensure the actors and production
workers were protected. A different design with inbuilt safety features or
using a different material could have guarded against any possible
miscommunication on a busy film set.
Foodles Production (UK) Ltd,
who had pleaded guilty at a previous hearing to Section 2 and Section 3 (1) of
the Health and Safety at Work etc. Act 1974, were today fined £1.6
million and ordered to pay costs of £20,861.22 at Aylesbury Crown Court.
HSE’s Divisional Director Tim
Galloway said:
“This incident was foreseeable and preventable and could have
resulted in more serious injury or even death.
The power and speed of the door was such that, had Mr Ford or anyone
else had been struck on the head by the door as it closed, they might easily
have been killed. It was only the almost
instantaneous actions of the prop operator in hitting the emergency stop that
prevented the door from continuing to press down on Mr Ford as he lay on the
floor. I think everyone would accept
that all the people who work in the film industry have a right to know that the
risks they take to entertain us, including when making action movies, are
properly managed and controlled.”
HSE prosecution round up:
Paper mill worker left with disabling crush injuries
A Halifax paper mill firm
has been fined for safety breaches after a worker suffered severe crush
injuries to his right hand.
Bradford Crown Court heard that
the injured worker sustained serious crush injuries in September 2013 while
changing a couch roll on a board machine at Sonoco Cores & Paper Limited’s
Halifax plant. The worker’s middle finger was severed in the
machine and he required subsequent amputation of both his index and
ring fingers. He is now registered as partly disabled.
Sonoco Cores & Paper Ltd of
Stainland, Halifax pleaded guilty to breaching Section 2(1) of the Health
and Safety at Work etc. Act 1974 and was fined £120,000.00 with
£6,354.00 costs.
After the hearing, Health and
Safety Executive (HSE) Inspector Jackie Ferguson said: “The Company
failed to provide a safe system of work for changing couch rolls on a board
machine. Their risk assessment for this type of work was not suitable
or sufficient; it had identified the hazard, yet it did not consider the
likelihood or severity of the risk and did not identify appropriate measures to
prevent an uncontrolled fall of the machine’s hinged steel arm. Companies should be aware that HSE will not
hesitate to take appropriate action against those that fall below the required
standards.”
Supermarket in court after worker injured in roof fall
Supermarket chain
Tesco has been fined after health and safety breaches led to a worker
falling through a skylight.
The employee of Tesco
Maintenance Ltd was lucky to suffer only minor injuries after falling 30 feet
through a fragile skylight onto the trading area floor of the Tesco
Liscard Express store in Liscard Village, Wallasey, on the 13th
June 2014.
Liverpool Crown Court heard
that the worker was part of a team carrying out repairs to the roof and
gutters of the store when the incident occurred.
Tesco Maintenance Ltd and Tesco
Stores Ltd were prosecuted by the Health and Safety Executive (HSE) after an
investigation found that no risk assessment or method statement had been
produced prior to carrying out the work. The fragile skylights should have been
identified and precautions taken but Tesco Maintenance Ltd had received no
information relating to the fragility of the roof from their client Tesco
Stores Ltd.
Tesco Stores Ltd of Tesco
House, Shire Park, Kestrel Way, Welwyn Garden City, pleaded guilty to breaching
Section 3 (1) of the Health and Safety at Work etc. Act 1974 and Regulation 10
of the Construction (Design and Management) Regulations 2007 and was fined
£200,000 with £712.70 costs.
Tesco Maintenance Ltd of Tesco
House, Shire Park, Kestrel Way, Welwyn Garden City, pleaded guilty to breaching
Regulation 9 of the Work at Height Regulations 2005, Section 2(1) of the Health
and Safety at Work etc. Act 1974 and Section 3 (1) of the Health and Safety at
Work etc. Act 1974 and was fined £300,000 with £624.60 costs.
Speaking after the hearing HSE
Inspector Chris Hatton said:
“Contractors should treat all
roofs with care and check before starting any work if they are fragile. I am
shocked at a company the size of Tesco failing to take even basic precautions
to prevent injury to its employees and further, to risk injury to the public.”
Bolton night club owner fined over asbestos exposure
A Bolton night club owner has
been sentenced after admitting a failure to carry out a survey for asbestos
before starting on the refurbishment of a local night club.
Manchester Magistrates’ Court
heard how UK Night Life Limited and its sole director, Charles John McGrath,
undertook the management of a refurbishment project between 1 August and 12
August 2015 on The Level nightclub, Mawdsley Street, Bolton without an
experienced contractor in place to manage the site. Up to 20 workers were
potentially exposed to deadly asbestos fibres in order for the club to open in
time for Fresher’s week and an influx of students to the club.
The site first came to the
Health and Safety Executive’s (HSE) attention in August 2015 following a
complaint from Bolton Council regarding unsafe construction works throughout
the site.
The HSE inspector served a
total of three Prohibition Notices and two Improvement Notices, along with a
Notification of Contravention for a foreseeable risk of asbestos exposure, a
lack of competent site manager, risk of falls from height, unsuitable welfare
facilities and inadequate fire safety precautions.
Charles McGrath, sole director
of UK Night Life Limited, of Mawdsley Street, Bolton, pleaded guilty to
breaching Section 3(1) of the Health and Safety at Work etc Act 1974, and
Regulations 5(a) and 16 of the Control of Asbestos Regulations 2012, and was
fined £5,720.00 with costs of £3,535.86.
In his summing up, District
Judge Sanders remarked that Mr McGrath had chosen to rush through the works with
unqualified and inexperienced people running the site on a day-to-day basis. He
went on to say that it was clear that these offences amounted to a ‘degree of
cost cutting at the expense of safety’.
HSE inspector Matt Greenly said
after the case:
“Mr McGrath totally failed in
his duty to protect his workers, subcontractors and anyone else accessing this
site from a foreseeable risk of serious harm. Asbestos related diseases are
currently untreatable and claim the lives of an estimated 5,000 people per year
in the UK.
The requirement to have a
suitable asbestos survey is clear and well known throughout the construction
industry. Only by knowing if asbestos is present in any building before works
commence can a contractor ensure that people working on their site are not
exposed to these deadly fibres.
The cost of an asbestos survey
is minimal compared to the legacy facing anyone who worked on this site. They
now have to live with the realisation that due to the lack of care taken by Mr
McGrath they may face a life shortening disease at some point over the next 30
or more years, from an exposure which was totally preventable. This case sends
a clear message to any company that it does not pay to ignore risks on site,
especially to simply keep to a self-imposed tight schedule.”
Worker injured after being struck by concrete skip
A site manager and a worker
have been fined for safety failings after another worker was struck by a
concrete skip at a construction site in South London.
Woolwich Crown Court heard how
on 23 February 2012, Ryan Musgrave, 27, suffered a badly broken left leg and
fractures to his right ankle and several ribs, when an empty concrete skip
(weighing 215kg) became detached from an excavator and fell onto him at the
Harris Academy in Welling. He was unable to work for seventeen months.
An investigation by the Health
and Safety Executive (HSE) into the incident which occurred on 23 February 2012
found that there was no thorough examination certificate for the shackle on the
excavator, and the shackle was defective.
Site manager Christopher
Crowley, of Dominion Drive, Collier Row, London, pleaded guilty to breaching
Regulation 9(1)( a) of the Lifting Operations and Lifting Equipment Regulations
1998. He was fined £1,000, and ordered to pay costs of £2,500.
Self-employed construction
worker, Michael Kernan, of CYC Coastal Club, Marine Parade, Sheerness, pleaded
guilty to breaching Regulation 8(1) (c) of the Lifting Operations and Lifting
Equipment Regulations 1998 and was fined £1,500 and ordered to pay costs of
£2,000.
Speaking after the case HSE
inspector Melvyn Stancliffe said:
“Mr Crowley should have taken
the shackle on the excavator out of use when he inspected it two days before
the incident as he had not seen a thorough examination report for it. The law is clear that lifting accessories
must not be used unless they have been thoroughly examined in the previous six
months and that there is a report available to prove that.
Mr Kernan, an experienced
construction worker, accepted that he did not fully screw in the pin on the
shackle as he should have done and as a result it failed.
Lifting accessories are not
complex items but if they are not used properly or are not thoroughly examined
periodically then the consequences can be serious. The practice known as ‘backing
off’, unwinding the pin by a quarter of a turn, is not safe and shouldn’t be
used.
This case highlights the
importance of ensuring simple checks are carried out properly and that
equipment is used correctly”.
Worker suffers severe injuries in roof fall
A roofing company has been
fined after a worker fell five metres through a roof sustaining severe
injuries.
St Albans Crown Court heard how
a 32 year old labourer was working for Richardson Roofing Company Limited
(RRCL) on a construction site at Kingsley Green, Radlett, Hertfordshire, on 8
August 2013.
The worker was fitting battens
on the roof around holes for the skylights when he stepped on a membrane
covering one of the holes and fell approximately five metres. He sustained two
broken wrists and four fractures to the skull and was hospitalised for fifteen
days. He has not been able to return to this type of work.
An investigation by the Health
and Safety Executive (HSE) into the incident found that the hole had been
previously covered by boards but these were later removed in order to
complete the works up to the hole’s edge, leaving the hole visually
obscured by the thin roofing membrane. The company failed to properly identify
and put in place controls for controlling the hazard of falling through the
roof once the boards were removed.
Richardson Roofing Company
Limited, of Richardson House, Moor Lane, Staines, Middlesex, pleaded guilty to
breaching Regulation 4(1) of the Work at Height Regulations 2005, and was fined
£200,000 and ordered to pay costs of £6,865.
Building contractor prosecuted following worker’s fall
A building contractor from
Wokingham has been prosecuted after a worker fell and punctured his lung while
carrying out demolition work.
Kevin Lipscombe, 58, had been
asked to dismantle an old shed that was by a new build house. While working on
the roof of the shed, Mr Lipscombe lost his balance and fell onto an adjacent
old greenhouse. His fall, on 18 December 2014, shattered the glass and
punctured his lung.
High Wycombe Magistrates’ court
heard how Mr Lipscombe was not given any instructions or equipment to dismantle
the shed and there has been no suitable risk assessment carried out before the
work started.
An investigation by the Health
and Safety Executive found that work had not been planned and there was no
protection to prevent workers from falling from height.
John David McCormick (trading
as Trymac Construction), pleaded guilty to breaching regulation 4 (1) and 9(2)
of the Work at Height Regulations 2005. He was fined £2,000 for each, a total
of £4,000, and was ordered to pay costs of £2,147 with a victim surcharge of
£120.
Construction Company fined after worker loses both legs
A Cornish construction company
has been fined after their worker had to have both legs amputated, around the
knee, after being crushed by a dumper truck.
Roger Daw, 58, was operating a
fully loaded front tipping dumper on his employer’s site in Liskey Hill,
Perranporth. He drove the dumper down an incline where it became imbalanced and
overturned. Mr Daw, who appears to have not been wearing a seatbelt, was thrown
from the vehicle, which landed on his legs and crushed him.
Truro Crown Court heard that
there were a number of failings that led to the incident. The specific type of
truck being used by Mr Daw was not appropriate for the task but no-one on site
had assessed the plant equipment’s limitations.
The Health and Safety Executive
investigation found the company had also not carried out an assessment for any
of their drivers or their competence in using the plant equipment.
Roger Daw, from Plymouth, was
airlifted to hospital where they had to amputate both of his legs about the
knee.
MJL Contractors Ltd, Hellys
Court, Water Ma Trout Industrial Estate, Helston Cornwall, pleaded guilty to
breaching Section 2 (1) Health and Safety at Work etc. Act 1974. They were
fined £200,000 and ordered to pay costs of £12,312.56.
HSE inspector Jo-Anne Michael,
said:
“Roger Daw’s life has been
changed forever. If MJL Contractors Ltd had planned the work properly, assessed
the equipment and the drivers this incident would not have happened. Companies must learn that risk assessments
are there to protect their workers from the real risk that mobile plant can
become unstable.”
Council fined after employee was injured from fall
A Yorkshire council has been
fined after an employee was injured when he fell from a ladder.
Hull Magistrates’ Court heard
how an employee of East Riding of Yorkshire Council (ERYC) fell from a ladder
while descending from a porch roof which was being re-felted. He fell 2.4
metres and suffered two broken vertebrae.
An investigation by the Health
and Safety Executive (HSE) into the incident which occurred on 23 April 2015
found that the ladder was not tied and there was no edge protection in place
for the porch roof. The task had not been risk assessed and decisions regarding
safety and equipment were left to the workers.
East Riding of Yorkshire
Council of County Hall, Beverley, Hull, pleaded guilty to breaching Section
2(1) of the Health and Safety at Work etc Act 1974, and was fined £40,000 and
ordered to pay costs of £664.00.
Metal company fined after worker loses foot
A Bedfordshire metal company
has been fined for safety breaches after a worker suffered severe leg injuries
and lost most of his foot.
Luton Magistrates’ Court heard
how 24 year-old Luke Simpson, who was an agency worker for the company, was
injured when a trolley carrying metal stock fell on his legs causing severe
injuries.
A bundle of 18 stainless steel
bars weighing about 900kg was on a four wheeled trolley. The trolley was
manually moved by Mr Simpson and another staff member but it tipped over and
the bundle of bars fell off the top of the trolley trapping his leg and foot.
He was rushed to hospital by the emergency services.
Mr Simpson’s right leg was
broken and his right foot was badly crushed. Despite a number of operations to
save his foot, most of it was amputated and he now has a prosthetic foot. It
was many months before he was able to return to work. Mr Simpson is currently
only able to work on a part-time basis.
HSE found that the metal
trolleys had been used on site for some 20 years without incident. Smiths
purchased the trolleys to be used as ‘workstations’, but employees had chosen
to also use them to move metal stock around the site. There was no risk
assessment or written system of work for these trolleys at the time of the
accident. The trolley also had faulty wheels and there was no record of any
maintenance. After the accident, the trolley was given a safe working
load of 500kg; half the weight placed on the trolley at the time of the
accident.
Smiths Metal Centres Limited of
Stratton Business Park, Bedfordshire pleaded guilty to Section 3(1) of the
Health and Safety at Work etc Act 1974 and was fined £130,000 with costs of
£2,456.40 and a victim surcharge of £120.
Speaking after the hearing, HSE
Inspector Emma Page said:
“Luke’s life has been
drastically altered by what happened and this incident could have been very
easily avoided with some very simple measures. The right equipment and a
correct maintenance system would have prevented this from happening.”
Manufacturing firm fined after worker crushed to death
Oldham manufacturing firm R
Tindall (Fabricators) Ltd has been prosecuted after a worker died after he was
crushed under metal pipework.
Manchester Minshull
Street Crown Court heard that 53-year-old Frank Dunne was operating a
side-loader fork lift truck which was carrying a vacuum packed pipe bundle.
While he was attempting to load a second bundle weighing 1.5 tonnes, it fell,
crushing him underneath.
There were no eye witnesses to
the incident and Mr Dunne was found over an hour later when work colleagues
moved the side-loader which was still running, discovering his body under the
pile.
A Health and Safety Executive
(HSE) investigation found there was no risk assessment or documented system for
moving and stacking pipework or any items around the site. Also the method of
packing bundles had changed without being documented anywhere. The previous
method using a wooden framework was actually more stable and would have meant
that Mr Dunne would not have been in a danger area if this system had
continued.
R Tindall (Fabricators) Ltd of
West Point Industrial Estate, Hargreaves Street, Oldham pleaded guilty to
breaching Section 2 (1) of the Health and Safety at Work etc Act 1974 and was
fined £70,000 and ordered to pay costs of £5,000.
HSE Inspector Mike Lisle said:
“There was no risk assessment
carried out on this new method of working and no system put in place for the
operators to follow. If the company had provided a safe system of work for
their employees to follow this tragic incident to Mr Dunne could have been
avoided.”
Building contractor in court after worker killed by falling load
A building contractor has been
fined after a worker was killed when a load fell from a tower crane during a
lifting operation in Colchester.
Urban Summit Construction Ltd
was the Principal Contractor on a construction site at King Edward Quay, Haven
Road, Colchester, where 780 student accommodation apartments were being built.
On 8 January 2014, during a
lifting operation using the site’s tower crane, a load become detached from the
chains and landed on the Banksman who was in charge of the operation. David
Holloway, 35, sustained extensive injuries and died on site.
The Health and Safety Executive
(HSE) prosecuted Urban Summit Construction Ltd at Colchester Magistrates Court
after an investigation found the company failed to ensure that lifting
operation was carried out in a safe manner.
Urban Summit Construction Ltd
of 15 California, Little Downham, Ely, Cambridgeshire CB6 2UF, were fined
£15,000 and ordered to pay £29,127 in costs after pleading guilty to breaching
Regulation 8 (1)(c) of The Lifting Operations and Lifting Equipment Regulations
1998.
Speaking after the hearing, HSE
Inspector David King said:
“It is essential that lifting
operations are carried out in a safe manner, to help ensure the lift is carried
out without risk to those in the area. Lifting operations must be properly
planed by a competent person, carried out by adequately trained persons, and
with appropriate supervision. Guidance
on carrying out lifting operations safely is freely available on HSE’s website,
if this company had properly planned and supervised this work, this tragic
incident could have been avoided”
