HSE prosecution round up:
Builder handed suspended prison sentence and community service
following unsafe gas work
A builder has been sentenced to
250 hours of community service for putting a home owner at risk following
renovations to their house in Cardiff.
Cardiff Crown Court heard that
Brian James was hired to carry out renovations to a bungalow in Cardiff
specifically to install new plumbing and heating, including a boiler.
Brian James admitted in court
that although he did not carry out the work himself he employed a man he had
never met before to carry out the work. He did not check that he was
sufficiently competent, qualified or a Gas Safe registered engineer. He took
his details from a board at a DIY store and could not provide further details
to the Health and Safety Executive, who investigated the incident. The boiler
had not been fitted with a thermostat and was not commissioned by a registered
engineer.
HSE inspector Simon Breen said:
“It is essential for public
safety that gas appliances are only fitted by competent, qualified and
registered engineers. Anyone who is carrying out renovations to properties needs
to make sure they properly check anyone they bring in to carry out gas work so
people’s lives are not put at risk.”
Brian James of Llandudno Road,
Rumney, Cardiff, pleaded guilty to breaches of Section 3(2) of the Health and
Safety at Work etc. Act 1974. He was
sentenced to a 32 week prison sentence, suspended for two years, 250 hours
community service, fined £636 and ordered to pay costs of £5,344.29.
Employee dies after collapse of waste material covers him
A Kent-based waste and
recycling company has been fined after an employee died when wasted material
collapsed on top of him.
Maidstone Crown Court heard how
Neville Watson, aged 39 and a father of two, was working close to the pile of
waste material after connecting a shredder to the loading shovel he was
driving. He died of asphyxiation whilst under the pile of waste that appeared
to be over eight metres high.
An investigation by the Health
and Safety Executive into the incident, which occurred on 9 August 2014, found
that New Earth Solutions Group Limited, failed to undertake and prepare risk
assessments or safe systems of work for the creation and management of the
stockpiles, or adequate training.
New Earth Solutions Group
Limited, of Black Moor Road, Verwood, Dorset, pleaded guilty to breaching
Section 2(1) of the Health and Safety at Work etc. Act 1974, and was fined
£80,000 and ordered to pay costs of £38,373.92. The judge indicated that if the
company had not been in administration, the fine would have been between
£600,000 and £1.3million.
HSE inspector Guy Widdowson said after the hearing:
“The request for Mr Watson to
carry out the shredding operation was made without any form of structured
training being in place. The company
failed to ensure that Mr Watson was supervised by an employee trained in the
task he was carrying out, particularly in light of the fact that he had never
carried out the task before.”
Window fitter in court after worker suffered fatal head injuries
A Southampton window
installation company has been fined after a worker suffered fatal head injuries
following a fall from a ladder.
Brighton Magistrates Court
heard how Mark Taylor, 48, a window fitter from Southampton, was helping in the
installation of UPVC windows at a 3 storey house in Brighton on the 10
September 2014. He was working from an unsecured ladder when it slipped
sideways and he fell to the ground. The father of two was taken to hospital
suffering from head injuries but died the following day.
The Health and Safety Executive
investigation found Kevin McLean, trading as South Coast Installations, failed
to ensure that the work at height was adequately planned and carried out in a
manner which was safe.
Kevin McLean, trading as South
Coast Installations, pleaded guilty to breaching Regulation 4(1) of the Work at
Height Regulations and was fined £10,000 and ordered to pay £6,250.00 costs.
HSE Inspector Amanda Huff,
said:
“Mark Taylor’s family have been
devastated because simple steps where not taken to secure the ladder he was
using. If Kevin McLean had ensured a proper risk assessment was carried out
this tragic incident could have been prevented.”
Three fined after man loses life due to fall through fragile
roof
A company, its director, and a
self-employed contractor have been prosecuted by the Health and Safety
Executive (HSE), after Terry Lewis, a 65 year old retired mechanic, was fatally
injured by falling through a roof light.
Warrington Crown Court heard
how on 11 June 2013, Terry Lewis was working with his friend, Leigh Bakewell.
They were cleaning roof lights on the roof of a building at Radnor Park
Industrial Estate, Congleton. Mr Lewis fell approximately 7m through a
roof light to the workshop floor underneath, and subsequently died. Both
the roof and the roof lights were not able to support the weight of a person.
The HSE investigation found
that Leigh Bakewell, who primarily was a gardener and not a roofer, did not
take precautions to prevent a fall through the roof, nor off its edge. He did
not have the necessary knowledge or competence to carry out the work.
Roman Lodge Asset Management
Limited failed to have adequate systems in place to ensure a competent roofer
was appointed. Both the company and Jonathan Marshall failed to adequately plan
and supervise the work, due to their own lack of understanding of standards and
the law relating to work on fragile roofs.
Roman Lodge Asset Management
Ltd, of Dane Mill, Broadhurst Lane, Congleton, pleaded guilty to breaching
Regulation 4(1) and Regulation 5 of the Work at Height Regulations 2005, and
were fined £20,000 with £8,010.00 costs.
Its director, Jonathan Marshall
pleaded guilty to breaching two counts of Section 37 of the Health and Safety
at Work etc. Act 1974. He was sentenced to four months imprisonment on each
count (suspended for 12 months) and was ordered to pay £8,010.00 costs.
At a hearing on 18 August 2016,
Leigh Bakewell pleaded guilty to breaching section 3(2) of the Health and
Safety at Work etc. Act 1974. He was sentenced to six months imprisonment
(suspended for 12 months) and was ordered to pay £8,610.47 costs.
HSE inspector Warren Pennington
said after the hearing:
“This is an incredibly sad case
all round. Each defendant knew that the roof was fragile and each accepted
unsafe working practices. Terry Lewis was only on the roof in order to
help out his best friend. If Roman Lodge and Jonathan Marshall had asked
questions about Leigh Bakewell’s experience and knowledge of roof work
standards, they would not have employed him. Leigh Bakewell should have
recognised he was not competent and should not have carried out the work. With
these simple considerations, Mr Lewis would not have been on the roof and would
not have died in the way he did.”
Four receive suspended jail sentences for health and safety
failings
Swansea Crown Court heard how
the factory at Margam Hall Upholstery Limited in Henshaw Street, Port Talbot
was included in the Health and Safety Executive’s (HSE) programme of visits to
woodworking premises, which are considered a high risk industry because of
dangerous machines and hazardous substances including wood dust and glues.
The visit highlighted a number
of health and safety concerns at the factory in early 2015 including poor
control of wood dust, no maintenance of work equipment including fume and dust
extraction, and noisy conditions. There were inadequate toilet and washing
facilities. Ten Improvement Notices were served on the company in February
2015, and despite ongoing intervention by the HSE, there was little progress
and conditions remained poor. Seven of the Improvement Notices were not
complied with.
After the hearing, HSE
Inspector Helen Turner said:
“We always try to work with
dutyholders to help them understand their responsibilities and improve
conditions but there is no excuse for people running a business not to know
what health and safety standards apply to their work. When directors or managers who have the power
to make the improvements blatantly disregard their workers’ health and safety
we have no option but to prosecute.”
Judge Geraint Walters said:
“The operation the four of you
were engaged in was nothing short of a ticking time bomb in relation to the
health and safety of employees.”
The four defendants were
previously in charge of Celtic-Leather and Fabric Upholstery Ltd at the same
factory premises. This company was prosecuted by the Health and Safety
Executive in 2015 for similar health and safety breaches.
Director Brian Baggs, of Mount
View Terrace, Port Talbot pleaded guilty to breaching Section 37 of the Health
and Safety at Work etc Act 1974, and was given a 10 month prison sentence
suspended for 2 years and ordered to pay costs of £2,500. He was also
disqualified from acting as a Company Director for 5 years.
David Lewis, a shareholder and
manager, of Manor Way, Briton Ferry pleaded guilty to breaching Section 37 of
the Health and Safety at Work etc Act 1974, and was given a 10 month prison
sentence suspended for 2 years and ordered to pay costs of £2,500. Although not
a current director, he was also disqualified from acting as a Company Director
for 5 years.
His brother Matthew Lewis, also
a shareholder and manager, of Ford Road, Velindre, Port Talbot, pleaded guilty
to breaching Section 37 of the Health and Safety at Work etc. Act 1974, and was
given a 10 month prison sentence suspended for 2 years and ordered to pay costs
of £2,500. Although not a current director, he was also disqualified from
acting as a Company Director for 5 years.
Michael Ball, a shareholder and
manager, of High Street, Ogmore Vale, Bridgend, pleaded guilty to breaching
Section 37 of the Health and Safety at Work etc. Act 1974, and was given a 10
month prison sentence suspended for 2 years and ordered to pay costs of £2,500.
Although not a current director, he was also disqualified from acting as a Company
Director for 5 years.
International Engineering Company in Court over worker’s death
An international engineering
company has been sentenced following the death of a worker who fell 30 feet
from an electricity pylon.
Vincent John Richards, 49, from
Walsall was installing fall arrest lines for painters to use on the pylon at
Great Orton, Carlisle on the 5 July 2014 when the incident happened.
The Health and Safety Executive
(HSE) investigated the incident and prosecuted Bilfinger Industrial Services
(UK) Limited for serious safety failings.
Carlisle Crown Court heard that
Mr Richards, who was employed by the company as a “Rigger”, had been working
with a colleague preparing the pylons in readiness for painters to carry out
maintenance work. On the morning of the incident, Mr Richards arrived at pylon
FT37 and found that the painters had already commenced painting even though the
pylon had not been rigged. Mr Richards had climbed approximately 30ft up
the pylon, when he fell backwards, narrowly missing one of the painters working
directly below him. As a result of the fall, Mr Richards sustained serious
multiple injuries and died at the scene.
The HSE investigation found a
number of failings by Bilfinger Industrial Services (UK) Limited in the
management of risks arising from work at height. Although the company had a
system of work they failed to implement, monitor and enforce this system. This
failing exposed their employees to the risk of death.
Bilfinger Industrial Services
(UK) Limited of Tudor Road, Manor Park, Runcorn pleaded guilty to a breach of
Section 2 (1) of the Health and Safety at Work etc. Act 1974 and was fined
£200.000 and ordered to pay costs of £59,320.10
Speaking after the hearing HSE Inspector
Susan Ritchie said:
“The Company were clearly aware
of the hazards involved with pylon work and had a system in place to manage the
risks. Unfortunately they failed to implement, monitor and enforce this system
of work. In addition they failed to ensure the proper inspection and provision
of safety critical personal protective equipment.”
Company fined after workers fall into pulping machine
The worker suffered fractures to his left foot in the incident on the 9 July 2014.
The incident was investigated
by the Health and Safety Executive (HSE) which found serious safety failings by
Valmet Limited, an embedded contractor for the paper mill where the incident
occurred at Manchester Road, Carrington, Manchester.
Manchester Crown Court heard
that the employee was carrying out maintenance work to a drive shaft which
involved tightening coupling bolts with a torque wrench. The wrench slipped off
the bolt head causing the worker to fall backwards off an unprotected edge
through a rubber flap into the paper pulping machine. This contained 2.5 metres
of water. After falling 7 metres in total he managed to swim, in darkness, to a
ledge at the side of the pulper and call for assistance.
Before the incident Valmet Ltd,
the Finnish company which provided all the mill machinery, carried out a risk
assessment of the task but did not identify the fall from height risk.
The court also heard that
Valmet Ltd, previously known as Metso Ltd had recently been fined for their
involvement in a double fatality at another premises.
Valmet Ltd of Laneside Foundry,
Manchester Road, Rossendale, Lancashire pleaded guilty to breaches of Section
3(1) of the Health and Safety at Work etc. Act 1974 and was fined £120,000 and
ordered to pay costs of £8,591.
Speaking after the hearing HSE
Inspector Adam McMahon said:
“A supervisor had to carry out
numerous risk assessments on the day of the incident along with covering others
duties. The hazard of working at height was not identified and as such a worker
was exposed to a serious risk which could have resulted in death. It was pure
luck that the pulper blades were not working or that the injured person did not
drown. Risk assessments are the
foundation for the effective control of risks. Time should be afforded to those
who are required to complete them to ensure the hazards are identified and
risks are controlled in order to safeguard workers.”
Worker injures hand on drill
A company in Essex has been
fined after a worker suffered injury to his hand on a drilling machine.
Chelmsford Crown Court heard
how an employee of Amtek Aluminium Castings (Witham) Limited had been drilling
a hole in a casting when his glove got caught on the moving bit and his hand
was dragged into the drill.
He suffered injuries to his
hand which required a skin graft and was off work for two months.
An investigation by the Health
and Safety Executive (HSE) into the incident which occurred on 16 December 2014
found that the machine was badly guarded and poorly maintained. The operator
was not properly trained or supervised.
Amtek Aluminium Castings
(Witham) Limited, of Freebournes Road, Witham, Essex, pleaded guilty to
breaching Section 2(1) of the Health and Safety at Work etc Act 1974, and was
fined £250,000 and ordered to pay costs of £12,632.92.
Council fined £250,000 for not protecting workers’ health
Thanet District Council has
been fined after a worker was left with permanent injuries after being diagnosed
with hand arm vibration (HAV).
Canterbury Crown Court heard
how a worker from Thanet District Council was diagnosed with suffering from HAV
after visiting his GP. Symptoms of the
condition can include tingling, pins and needles, numbness and pain in the
hands. This affects sleep when it occurs at night and sufferers have
difficulties in gripping and holding things, particularly small items such as
screws, doing up buttons, writing and driving.
An investigation by the Health
and Safety Executive found that the worker would typically spend up to 6 hours
a day using a range of powered equipment including mowers and hedge cutters,
depending upon the season. He was not under any health surveillance or told how
he should report his symptoms.
The council had not taken steps
to eliminate or control the exposure of their workers to HAVs. They also failed
to educate their workers on the risk and train them on how to control their
exposure to the vibrations caused by the power tools.
At the time of the investigation
the council were issued with an improvement notice, as soon as they started to
rectify the problem and implement the appropriate health surveillance a further
15 cases of ill-health relating to vibration exposure were identified and
reported to HSE.Thanet District Council pleaded guilty of breaching Regulations 6(2) and 7(1) of the Control of Vibration at Work Regulations 2005, was fined a total of £250,000 and was ordered to pay £18,325.84 in costs.
HSE Principal Inspector Mike
Walters, said:
“Hand Arm Vibration is a
serious disease that impacts on people’s lives and impairs their ability to
work. It is entirely preventable but once the damage is done it is permanent.
Any business, council or employers can learn from this case. If you have workers
who use heavy machinery you need to ensure you properly manage the risks from
HAVs, control or eliminate the exposure, and train them so they can identify
the symptoms.”
Construction Company fined after worker fell 6 metres
A Derbyshire based engineering
construction company has been prosecuted after a worker fell and suffered
severe injuries.A worker was repairing a fibreboard roof of a barn and using two homemade crawling boards when he fell 6 metres onto the floor below, sustaining serious injuries to his head, hip, and lungs.
Derby Magistrates Court heard
how at the time of the incident, 30 July 2014, he was working as part of a pair
to replace the roofing panels. One of his colleagues was under the roof in a
‘man basket’ that had been attached to a telehandler, when the incident happens
he had to climb down the boom of the machine to help the colleague.
An investigation by the Health
and Safety Executive (HSE) found that there were not sufficient platforms or
coverings for the roof to protect workers from the fall. The risk assessment
and method statement, which would have told the workers how to run the work was
in the office but also not specific to the job. There were also no separate
controls for the man basket, leaving the worker stranded when his colleague
fell.
Allen and Hunt Construction
Engineers Ltd of Thorpe, Derbyshire, pleaded guilty to breaching Sections 4(1),
7 and 9 (2) of the Working at Height regulations, were fined a total of
£267,000 and ordered to pay costs of £7,750 and a victim surcharge of £120.
Self-employed builder electrocuted at work
A real estate lettings company
was sentenced today for safety breaches after a self-employed builder suffered
first and third degree burns to his face, hands, neck and chest.The injured worker, 50 year old Michael Phillips, suffered an electric shock in October 2015 when he was carrying out work for IPH Investments Ltd at an address in Station Parade, Harrogate.
The premises were being
converted into a sunbed and beauty salon. The usual supply for most domestic
dwellings is 240v but because this supply was feeding both shop premises and
residential flats a larger supply was needed. (400v). The Company needed to carry out some
preparatory work before the new supply could be installed. This involved the
digging out of a small trench in the hallway of the site so that a new
electricity supply could be installed into the property.
Whilst digging the trench Mr
Phillips struck the existing live service cable with the small breaker he was
using.
The Health and Safety Executive
(HSE) prosecuted the firm over the incident.
IPH Investments Ltd of Orchard
House, Haywra Street, Harrogate, pleaded guilty to breaching Section 3(1) of
the Health and Safety at Work Act etc. 1974 and was fined £53,000.00
with £654.60 costs by Leeds Magistrates Court.
After the hearing, HSE
inspector Jayne Towey commented:
“This case was entirely
preventable if the company had carried out a suitable and sufficient risk
assessment before work began. The
company could have used a cable avoidance tool (CAT) before any digging was
carried out. This would have helped to locate the buried electrical service.”
Car component firm fined after multiple back injuries to workers
A car component manufacturer
has been sentenced after six workers experienced back injuries from repeatedly
lifting heavy car engine parts by hand.
MAHLE Powertrain Limited
(MAHLE) manufactures engine parts for Audi and Jaguar Landrover cars which are
no longer in large scale production.
Birmingham Crown Court heard
that between 1 November 2013 and 7 January 2015, the HSE received six reports
of workers who had injured their backs and been off work for more than seven
days. One worker was in hospital for seven days and off work for more than nine
weeks. More workers suffered back problems but were not off work for the
seven days required for the incidents to be reportable.
An investigation by the Health
and Safety Executive (HSE) found that workers who were based on two of the
company’s production lines were expected to manually lift engine components
weighing between 14 and 21kgs, hundreds of times during a shift. Mechanical
lifting aids were either not provided, not suitable, or no training had been
received by workers in how to operate them. There were no suitable or
sufficient manual handling assessments in place for the tasks involved.
MAHLE Powertrain Limited of
Costin House, St James Mill Road, Northampton, admitted breaching Regulation
4(1)(b) of the Manual Handling Operations Regulations 1992. It was fined
£183,340 and ordered to pay £21,277.10 costs.
HSE Inspector Elizabeth Hornsby
said:
“Companies need to recognise
that manual handling is a high risk activity. It is equally important to get
health issues right, as well as safety. An Office of National Statistics report
on Sickness Absence in the Labour Market stated that 30.6 million days were
lost in 2013 due to musculoskeletal problems. This itself should highlight the
need for employers to get health issues right.”
Ejector seat manufacturer fined £800,000 for failing to protect
workers’ health
An Uxbridge manufacturer of
ejector seats has been fined £800,000 after three workers developed
debilitating lung conditions.
Three skilled CNC machine
operators developed Extrinsic Allergic Alveolitis after many years of years of
exposure to the mist of working metal fluid. The lung condition, also known as
hypersensitivity pneumonitis, is a body’s allergic reaction to breathing in a
substance and symptoms include coughing, shortness of breath and joint pain.
Aylesbury Crown Court heard how
the workers, who had served with the company for more than 20 years, were
exposed to the working metal fluid mist over at least a three-year period. One
worker has been so severely affected they have become virtually paralysed by
the illness, another will never be able to work with metal working fluids
again, a key material in the industry. A third must have special measures in
place to ensure he never comes into contact with the substance.
An investigation by the Health
and Safety Executive (HSE) found that the measures in place within the factory
to stop the exposure to workers were inadequate. The fluid is commonly used as
a lubricant and coolant in engineering processes. During the process of using
the machines the fluid creates a mist, which in this case was breathed in by
around 60 workers.
Martin Baker Aircraft Company
Limited failed to put in place a system of cleaning away the excess fluid or
providing extraction to prevent the build-up of the mist. There were also
failings in the provision of health surveillance, which should have identified
the issue early enough to ensure the Company were able to put in place and
monitor any appropriate safety measures.
Martin Baker Aircraft Company
Limited, Lower Road, Higher Denham, pleaded guilty to breaching Section 2 (1)
of the Health and Safety at Work etc. Act (1974) and Regulation 6(1) of the
Control of Substances Hazardous to Health Regulations 2002 (as amended) (COSHH)
and were fined £ 800,000 and ordered to pay costs of £36,912.36.
HSE Inspector, Stephen
Faulkner, said
“Companies need to make sure
they consider workers’ health just as much as their safety when carrying out
risk assessments. The dangers of breathing in metal working fluid are well
known within the industry. In this case one worker has had his health
permanently and severely damaged, two others have also been affected. All will have to live with their condition for
the rest of their lives.”
