Risk, Health and Safety Information

Health and Safety in the news this week

HSE to make cost recovery dispute process fully independent

The Health and Safety Executive (HSE) has announced that it is to consult on proposals to make its cost recovery scheme dispute process fully independent.

The scheme, Fee for Intervention (FFI) was introduced in October 2012 to shift the cost of regulating workplace health and safety from the public purse to businesses which break the law and ensures the cost burden of HSE intervention is picked up by those companies and not taxpayers.

If an inspector identifies serious health and safety failings in the workplace about which they need to write to the dutyholder, then that dutyholder has to pay the costs of the HSE visit. If the inspector simply issues verbal advice there is no charge. If there is disagreement on HSE’s decision the dutyholder can dispute it.

Until now, disputes were considered by a panel which consisted of two members from HSE and one independent person. However, after reviewing the current process HSE will consult with relevant stakeholders with a view to making the process fully independent.

A spokesperson for HSE said: “HSE has always kept the dispute process under review and following a recent application for a judicial review we believe the time is right to move to a dispute process which is completely independent of HSE.”

Source: www.hse.gov.uk
 

HSE prosecution round up:

Oxfordshire based company fined for safety failings

An Oxfordshire based ground engineering company has been fined after a worker contracted severe hand-arm vibration syndrome (HAVS).

Cheltenham Magistrates’ Court heard how an employee, who was working at the company’s earth retaining division, known as Phi Group, was eventually diagnosed as suffering from HAVS after repeatedly flagging his symptoms to the company for over five years.

Symptoms of HAVS can include tingling, 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 (HSE) found the company did not have the right system in place to manage the workers’ health as it did not have a suitable health surveillance programme in place to monitor for the early onset of HAVS and to prevent the irreversible condition from developing.

Keller Limited of Oxford Road, Ryton-on-Dunsmore, Coventry, pleaded guilty to breaching Regulation 7(1) of the Control of Vibration at Work Regulations 2005 and were fined £6,000 and ordered to pay costs of £2,263.45.

Speaking after the hearing HSE inspector Mehtaab Hamid said:

“This was a case of the company completely failing to grasp the importance of HAVS health surveillance.  If they had understood why health surveillance was necessary, it would have ensured that it had the right systems in place to monitor worker’s health and the employee’s condition would not have been allowed to develop to a severe and life altering stage”.

Construction company director imprisoned after safety failings

The director of a construction company has been imprisoned for eight months after failing to take appropriate action which resulted in a young worker receiving serious burns.

Cardiff Crown Court heard the young worker was instructed to stand on top of a skip and pour a drum of flammable thinners onto the burning waste to help it to burn. The fireball that resulted when the thinners ignited caused the worker to be blown from the skip and he suffered substantial burns to his arms and legs.

An investigation by the Health and Safety Executive (HSE) found the company director did not ensure the burning of the waste material was being carried out in a safe or appropriate manner. He failed to administer any first aid to the young injured worker and did not send him to hospital, the most appropriate response given the severity of the injuries suffered. He failed to inform HSE of the incident, a legal requirement, and the incident was only reported sometime later by a third party

David Gordon Stead of Mildred Street, Beddau, pleaded guilty to breaching Section 37 of the Health and Safety at Work Act 1974 and also pled guilty to breaching Section 4 (1) of The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), and was sentenced to 32 weeks imprisonment, half on release under licence. He has also been disqualified from being a company director for seven years.

Speaking after the case HSE inspector Adele Davies said:

“David Stead failed his employees. His actions could have resulted in the death of this worker. The young man suffered unnecessary life threatening injuries due to poor working standards.  We hope this sentence sends out a message that directors of businesses must take their health and safety responsibilities seriously.”

Building Contractor fined after workers fatal fall

A Manchester building contractor has been jailed following the death of a casual labourer who fell nearly seven metres through a fragile roof.

The 45-year-old labourer from Manchester had been carrying out repair work at Witney Mill, Manchester when the incident occurred on 23 November 2013.

Saleem Hussain had been engaged by the warehouse owner, who believed him to be a competent building contractor, to carry out repair and maintenance work on the warehouse roof. He then hired two people to do the work. 

The Health and Safety Executive (HSE) investigation found that both workers were not qualified to carry out work at height. They had accessed the roof via a ladder in order to repair and seal leaking guttering. No safety precautions were in place to protect the two men from the danger of falling through the fragile roof.

Manchester Crown Court heard that Mr Hussain failed to assess the risks or put a safe working method in place. No suitable training or equipment to work on the roof had been provided.

Saleem Hussain of Birchfields Road, Manchester pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc. Act 1974 and was sentenced to 8 months immediate imprisonment.

Speaking after the hearing HSE Principal Inspector Mike Sebastian said:

”The dangers of falls through fragile roofs and working at height are well known. Simple steps such as removing the need to access the roof directly by using mobile working platforms, or boarding out the roof, or using safety harnesses, can and should be used to prevent accident and injury.  Mr Hussain’s failure to take any such actions resulted in a tragic and needless loss of life”. 

Suspended sentence for unregistered gas worker

A man has been fined and given a suspended prison sentence after working on a number of boilers without being Gas Safe registered.

High Wycombe Crown Court heard how Philip Locke carried out work on a boiler in 2013 without being registered, faults were later found with the boiler.

The Health and Safety Executive (HSE) prosecuting issued a letter to Mr Locke informing him of his responsibility to be registered in order to work on boilers. Further information given to HSE suggested that Mr Locke failed to become Gas Safe registered.

Mr Philip Locke of Chalfont St Giles, High Wycombe pleaded of breaching pleaded guilty to two charges under the Gas Safety Regulations 1998 has been sentenced to four months imprisonment suspended for one year and fined £6500 and ordered to pay costs of £6280.

Speaking after the hearing HSE inspector Stephen Faulkner said:

“Philip Locke showed disregard for the law when he continued to work on gas appliances without certification.  This case highlights the importance that plumbers must be competent and Gas Safe registered to work on gas appliances.”

Recycling company fined after worker crushed

A recycling firm has been fined after a worker suffered crush injuries from a roller shutter door.

Newport Magistrates’ Court heard how a Recresco Limited employee was injured when the door’s roller barrel fell on him resulting in three cracked ribs and a damaged spleen, causing him to miss eight weeks of work.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on the 17 April 2015, found that none of the electronically operated roller shutter doors at the company’s site had been adequately maintained to keep the equipment safe.

Recresco Limited of Springvale Industrial Estate, Cwmbran have pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work Act 1974 and have been fined £50,000 and ordered to pay costs of £9944.

Speaking after the case HSE inspector Lee Schilling said:  

“This case highlights the importance of regular pro-active maintenance and inspection of work equipment, including roller shutter doors, to ensure equipment does not deteriorate to the extent that it puts people at risk. In this case Recresco failed to effectively maintain their equipment and it could have easily resulted in a fatal injury.”

Source: www.hse.gov.uk