Risk, Health and Safety Information

Health and Safety in the news this week

Steep rise in health and safety fines

The largest UK fines for health and safety incidents have increased substantially in the past year, with some of the biggest brands in business having to pay millions of pounds for failing to control serious risks to employees and the public.

There were 19 fines of £1 million or more in 2016 - the largest being £5 million. This compares with three fines of £1 million or more in 2015 and none in 2014.

The rise in fines is a result of the introduction of new sentencing guidelines for health and safety offences, which came into force on 1 February 2016.

It is hoped that the possibility of larger penalties will make employers take greater care to ensure people are not harmed by their activities, according to the Institution of Occupational Safety and Health (IOSH). This, IOSH says, can in turn help businesses become more successful.

Shelley Frost, Executive Director of Policy at IOSH, said:

"Health and safety offences can ruin lives, devastate families and inhibit precious talent.

Whilst you cannot put a value on human life, the level of fines now being handed out recognises society's disapproval of serious corporate failures that lead to injury, illness and death. It reflects a desire to deter others from making the same errors and takes significant steps forward in aligning penalties for these offences with other regulatory breaches in the UK.

Protecting employees and others affected by a business's operations will not only eliminate the risk of a large financial penalty but can also be key to ensuring and maintaining an organisation's strong reputation and ultimately contributing to its success."

For the first anniversary of this change in legal guidance for the courts, IOSH, in association with Osborne Clarke LLP's specialist health and safety legal team, has revealed the results of a Freedom of Information Act (FOIA) request exploring the impact of the new sentencing guidelines.

This shows that the largest 20 fines imposed for health and safety offences last year cost the businesses involved a total of £38.6 million. In comparison, the largest 20 fines in 2015 and 2014 cost £13.5 million and £4.3 million respectively.

Not every fine in 2016's largest 20 involved a fatality, with the guidelines deeming that it is enough for a company's health and safety failings to have caused injury, or put people at substantial risk of injury or death, to warrant a large financial penalty.

For example, the largest fine was the £5 million that Merlin Entertainments was ordered to pay after five people were seriously hurt in a rollercoaster crash at its Alton Towers theme park. Following the sentencing, the organisation said its focus on safety is "sharper and more engrained than ever".

The broken leg and dislocated ankle suffered by actor Harrison Ford while filming Star Wars: the Force Awakens resulted in a £1.6 million fine for Foodles Production. The Health and Safety Executive said it could have resulted in more serious injury or even death. Foodles stated:

"The safety of our cast and crew was always a top priority and we deeply regret this unfortunate on-set accident. The Court acknowledged both the additional safety protocols that were immediately implemented, and that it was a very safe production in all other respects."

Most fines imposed by courts in 2016 related to health and safety offences which took place before the guidelines were introduced.

A partner at law firm Osborne Clarke LLP specialising in health and safety, said:

"The increase in fines being issued by the courts demonstrates a desire to drive the message home that ensuring health and safety within a working environment is fundamental. So while fines regularly exceeded the million pound mark last year, we can expect to see even larger fines going forward.

I see many businesses who focus on the safety and health of employees and others experiencing a broad range of benefits, including being better placed to attract and retain talent, scoring points in procurement processes for valuable contracts or even when seeking external investment."

Before the introduction of the guidelines, there was little assistance for courts sentencing health and safety offences.

The 2016 guidelines, a 40-plus page document, provide a step-by-step guide for sentencing both companies and individuals for health and safety, and food, offences. This includes taking into account the turnover of the organisation, the level of culpability and the likelihood that the failing could lead to harm and how bad the harm could be.

Source: www.iosh.co.uk

HSE prosecution round up:

Worker exposed to high level of carbon monoxide

A Construction firm was sentenced today for safety breaches after workers were exposed to carbon monoxide and other substances hazardous to health.

Hull Magistrates Court heard how, in October 2015, the workers were using a petrol powered saw to cut out an existing concrete floor at a fish factory in Hull. In order to protect the food factory surfaces from dust they constructed a sealed enclosure from timber and polythene. The workers were inside the area working over a weekend, the space was not ventilated and there was a build-up of carbon monoxide, which lead to one worker being hospitalised.

An investigation by the Health and Safety Executive found the company had not planned the work or thought through the dangers an un-ventilated tent would cause. The company should have used a system of dust suppression and local exhaust ventilation (LEV) together with appropriate respiratory protective equipment to prevent or reduce exposure to harmful dust.

Westlands Construction Ltd, Sproatley, Hull pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work Act 1974 and was fined £16,000 with £847.30 costs by Hull Magistrates Court.

After the hearing, HSE inspector Jennifer Elsegood commented: “Petrol driven saws should not be used in a confined space because of the risk of carbon monoxide exposure. Carbon monoxide is extremely dangerous it has no smell and workers can be overcome by the fumes before they realise they have been affected – making it extremely dangerous. This is why it is known as the silent killer.”

Three construction companies fined after worker fall

Three companies from Essex have been fined after a worker fell over seven metres through a fragile roof he was replacing.

Chelmsford Crown Court heard how Rafal Myslim was standing on the fragile roof at Dengie Crops Ltd in Asheldem, when the asbestos sheeting gave way and he fell 7.5m onto a concrete floor, hitting a number of pipes within the building on the way down. There was no safety netting or other protective equipment to prevent him from falling and he suffered a hematoma on the brain.

An investigation by the Health and Safety Executive found three companies at fault for the fall. Dengie Crops Ltd contracted Ernest Doe & Sons Ltd, who are an agricultural machinery supplier, to help the company replace their roof.  Ernest Doe & Sons Ltd did not have the appropriate experience and subcontracted the work to Balsham (Buildings) Ltd who worked out how the roof replacement should take place.  Balsham then subcontracted the actual replacement of the roof to Strong Clad Ltd.

Ernest Doe & Sons Ltd were unable to act effectively in their role as principal contractor because they had no experience of working in construction. They could not effectively oversee Balsham (Buildings) Ltd plans that had highlighted the risk of a fall. None of the parties involved put in place safety measures for 40% of the roof that did not have netting below. They relied too heavily on the verbal briefings to workers reminding them of where the netting was rather than putting in place effective safety measures for the whole roof.

Ernest Doe & sons Ltd, of Ulting, Essex, pleaded guilty to breaching Regulation 22 of the Construction (Design and Management) Regulations 2007. They were fined £360,000 and ordered to pay costs of £10,000

Balsham (Buildings) Ltd, of Balsham, Cambridge, pleaded guilty to breaching 4(1)(a) and 4(1)(c) of the Work at Height Regulation 2005. They were fined £45,000 and ordered to pay costs of £7,000

Strong Clad Ltd, of Castle Hedingham, Essex, pleaded guilty to breaching 4(1)(a) and 4(1)(c) of the Work at Height Regulation 2005. They were fined £7,000 and ordered to pay costs of £3,000

HSE inspector Adam Hills said:

“The dangers of working on fragile roofs are well documented. Every year too many people are killed or seriously injured due to falls from height while carrying out this work.

Work at height requires adequate planning, organisation and communication between all parties. This incident was entirely preventable and Mr Myslim is lucky to be alive.”

Unregistered gas fitter fined

An unregistered gas fitter from Farnborough has been prosecuted for carrying out illegal gas work which was found to be unsafe.

Basingstoke Magistrates’ court heard how Mr Leask, who also trades as Eldan Plumbing, had assured the homeowner that he was Gas Safe Registered. When he was unable to supply the gas safe certificate months after installing the boiler, the homeowner contacted Gas Safe, who confirmed Mr Leask was not gas safe registered. When inspected by the Gas Safe Register the boiler was found to be ‘at risk’, which indicates a risk to life or property.

Mr Leask pleaded guilty to breaching Regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998, for carrying out gas work without being gas safe registered and Regulation 3(7) for falsely pretending to be gas safe registered.

He was fined £1230 and ordered to pay costs of £350.

Source: www.hse.gov.uk