Monday, 6 February 2017


Health and Safety in the news this week

Why Health and Safety Signage Is Important to Your Business
In 1996 there were 0.9 fatal injuries per every 100,000 workers, today the figure is 0.4.

According to the Health and Safety Executive there were 144 UK workers killed at work between 1 April 2015 to 31 March 2016. Having the correct signage in place can lead to greater prevention of accidents in the workplace.

In November 2016, the HSE released its annual statistics report with information about workplace-related injuries and illnesses. The HSE UK statistics also showed that there were 1.3 million people suffering from a work-related illness, over 621,000 work-related injuries and 2,515 people died from mesothelioma due to past asbestos exposure.

Accidents are unpredictable, however there is a lot that can be done to prevent accidents happening in the first place. One of the key ways of keeping people safe in any environment is using the correct signage.

In the past 20 years, there has been a downward trend in the rate of fatal work-related injuries. In 1992 the Safety Signs Directive was adopted by all European Union member states. In 1996 the changes were implemented through the Health and Safety (Safety Signs and Signals Regulations) Act. This required employers to provide specific safety signs whenever there is a risk that has not been avoided or controlled by other means.

The introduction of Safety Signs and Signals Regulations protects workers and members of the public. Since then the rate of fatal injury has reduced by over 50%. In 1996 there were 0.9 fatal injuries per every 100,000 workers, today the figure is 0.4.

There is a correlation between the introduction of safety signage and a reduction in the number of accidents. The first step of ensuring safety to everyone is being able to alert them to danger and having compliant signage in place. Today there is a huge range of signs available for all types of hazards. Signage is a small investment, but it will encourage safer working environments.

RoSPA’s campaign manager Rebecca Hickman said:
“Our work over the past 100 years has taught us that accidents do not have to happen, and that’s why we’re stepping up our activities to help keep people safe. Our mission is to save lives and reduce injuries and our vision is to lead the way on accident prevention. RoSPA plays a unique role in UK health and safety. As a member organisation that campaigns for safety change we also provide services and support to help organisations on their own journey to become safer and healthier places in which to work.”

It is essential for businesses to have up-to-date signage. Enforced by the HSE, if non-compliant signage is being used it could lead to extensive fines or serious consequences including prison sentences, personal injuries or even loss of life.

Source: NewsNow.co.uk


HSE prosecution round up:
Packaging manufacturer in court over workplace injury

A West Bromwich supplier of corrugated packaging has been fined after a maintenance employee was injured when he was pulled into machinery.
The injured person was repairing a cardboard printing, slotting and forming machine at Diamond Box Ltd’s Shaw Street plant when he put his foot onto an exposed conveyor and was dragged into the machine’s moving parts.

Wolverhampton Crown Court heard that the packaging company allowed uncontrolled maintenance work to take place without any assessment of the risks posed by maintenance activities or having procedures in place for safe maintenance.
A Health and Safety Executive (HSE) investigation found that the machinery had a ‘jog mode’ which could have been set up to enable such maintenance work to be carried out safely, but the company had not identified this, trained staff to use it or enforced its use.

Diamond Box Ltd of Unit 4, Shaw St, Hill Top Industrial Estate, West Bromwich, B70 0TX pleaded guilty to a breach of Section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £400,000 with £9886.04 costs.
Speaking after the case, HSE Inspector Caroline Lane said:
“The company relied on the experience of maintenance employees rather than controlling risks through careful assessment and putting safe systems of work in place.  In summing up, his Honour Judge Berlin considered the maintenance practices used by Diamond Box to be ‘utterly dangerous’ and the risk to workers was wholly avoidable”.

Bury demolition contractor fined for failing to prevent exposure to Asbestos
A demolition contractor has been sentenced after admitting illegally removing asbestos from a building he was working on.

David William Briggs, trading as Briggs Demolition was found to have ignored an asbestos survey while demolishing the former Oakbank Training Centre in Chadderton, Oldham. Manchester Magistrates’ Court heard he also failed to prevent exposure to asbestos to workers and others on site.
The firm from Bridge Works, Wellington Street, Bury, was contracted to demolish the former education centre off Chadderton Park Road and advised the site owners to have the site surveyed for asbestos before demolition could began.
Mr Briggs recommended a suitable surveyor and the site owner paid for a full asbestos survey to be carried out on Mr Briggs’ recommendation.

The Health and Safety Executive (HSE), prosecuting, told the court that Mr Briggs then chose to ignore the asbestos report which identified approximately 230 square metres of asbestos materials throughout the buildings, and began demolition without having any of it safely removed.
HSE first visited the site in 2015, and met Mr Briggs on site. They found that approximately half of the buildings had been demolished or partly demolished. When Mr Briggs was asked if the asbestos had been removed he denied there was any on site.

A HSE Prohibition Notice (PN) was served on Mr Briggs and on the site owners, stopping work until the extent of the asbestos disturbance could be established. HSE visited with scientists from the Health and Safety Laboratory (HSL) and confirmed the findings of the original asbestos survey report and identified hazardous asbestos in the remaining buildings.
The court heard that three workers were potentially exposed to deadly asbestos fibres. They also heard that local residents and passers-by to the site were also at risk due to the uncontrolled method of demolition where large amounts of asbestos were present.

David Briggs was charged with failing to protect the safety of his employees, failing to protect the safety other persons not employed by him, i.e. members of the public, failure to prevent the spread of asbestos and one count of illegally removing asbestos materials without a license.
David William Briggs of Wellington Street, Bury, pleaded guilty at Manchester Magistrates’ Court to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974 and Regulations 8(1) and 16 of the Control of Asbestos Regulations 2012 and was sentenced to 24 weeks imprisonment.

HSE inspector Matt Greenly said after the case:
“Mr Briggs wilfully ignored a professional asbestos survey, instigated by himself, and in doing so failed in his duty to protect his workers and anyone else around 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.

Anyone who worked on this site at this time, due to the lack of care taken by Mr Briggs, could possibly face a life shortening disease at some point over the next 30 years from an exposure which was totally preventable. This case sends a clear message to any individual or company that it does not pay to ignore known risks on site, especially to increase profits at the expense of people’s lives”.

Firm fined for failing health and safety standards
A Kent-based box manufacturing company has been fined for health and safety failings.

Maidstone Crown Court heard how an external consultant had highlighted a number of concerns eight months prior to the Health and Safety Executive (HSE) visit. The visit found areas including electrical safety, machinery guarding and the storage of materials needed improvement. As the result of concerns raised by an ex-employee, there were two visits by the HSE and a total of 14 notices were served.
W E Roberts (Corrugated) Limited, of Boyne Park, Tunbridge Wells, Kent, pleaded guilty to breaching Regulation 11 of the Provision and Use of Work Equipment Regulations 1998 (PUWER); Regulation 4(2) of the Electricity at Work Regulations 1989, and Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999, and was fined £297,000 and ordered to pay costs of £14,180.

HSE inspector Robert Hassell said after the hearing:
“The need to effectively manage health and safety is not an ideal, it is a regulatory requirement. Employers need to ensure that any issues in relation to health and safety in the workplace that are brought to their attention need to be suitably addressed.”

Landlord prosecuted for gas safety failings
A Preston Landlord has been given a suspended prison sentence after failing to ensure gas appliances in one of her properties were checked for safety.

Preston Magistrates Court heard that following a concern received from Preston City Council about the gas appliances in a property on Alvern Avenue in Fulwood, the Health and Safety Executive (HSE) made contact with the landlord, Mrs Pritpall Kaur Singh, 44, to establish whether she was complying with her legal duties as a landlord to ensure annual gas safety checks were carried out.
Mrs Singh failed to co-operate with HSE and failed to produce a Landlord Gas Safe Record to demonstrate that these checks had been undertaken correctly.

An Improvement Notice (IN) was issued to Mrs Singh by the HSE for non-provision of a gas safety record for the gas appliances in her property, but Mrs Singh did not comply with that notice.
Pritpall Kaur Singh pleaded guilty to breaching section 33(1)(g) of the Health and Safety at Work etc Act, 1974 and to one breach of the Gas Safety (Installation and Use) Regulations 1998 (36 (3)) and was sentenced to a 26 week prison sentence, suspended for 12 months and was ordered to pay £1,000.00 costs.

After the hearing, HSE inspector Anthony Banks commented:
“If you rent property out, you must comply with requirements of the Gas Safety (Installation and Use) Regulations, including the need to have a gas safety certificate. Gas appliances should be regularly checked, as faulty appliances can kill.”

Overhead crane worker suffers life threatening injuries
A Cleckheaton engineering firm was sentenced today for safety breaches after a worker suffered life changing injuries.

H E Realisations Ltd (now in liquidation, formerly Hogg Engineering Ltd) of pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and Reg 8(1) of the Lifting Operation and Lifting Equipment Regulations 1998.
Gateshead Magistrates’ Court heard that on 24 February 2015, Kevin Tait was using equipment to lift an 18 tonne steel roll at the company’s premises at Carlington Court, Factory Road, Blaydon-on-Tyne. The equipment being used was not suitable for the lifting operation due to the fact that the load being lifted exceeded the equipment’s safe working load.

During the lift, part of one of the shortening clutches sheared causing the load to swing and strike Mr Tait on the head. The Health and Safety Executive (HSE) prosecuting told the court the lifting operation had not been suitably planned and the equipment in use was poorly maintained. 
H E Realisations Ltd of Moorland House, Snelisins Road, Cleckheaton was fined £40,000 and ordered to pay £2230 costs.

After the hearing, HSE inspector Laura Catterall commented:
“Lifting operations are hazardous and require a competent person to properly plan and supervise them to ensure that suitable and properly maintained equipment is used in the right configuration to avoid exceeding safe working loads.

Kevin is incredibly lucky that he was not killed in this incident and he has suffered permanent life changing injuries as a result. This workplace accident has changed the lives of Kevin and his family irrevocably.”

Fencing business owners receive suspended sentences after worker injury
The two owners of Kidderminster based fencing firm Hoo Farm Fencing have been given suspended sentences after a worker was hit by timber posts and frames which fell from a fork lift truck.

Forty-nine year old Raymond Lainsbury suffered injuries that still require regular physiotherapy sessions following the incident on 12 February 2016.
Worcester Magistrates’ Court heard how Hoo Farm Fencing’s method of working was unsuitable for the task they were carrying out at the time of the incident. Mr Lainsbury was helping to dip timber posts and frames in preservative, when they fell from the metal frame on the fork lift truck, striking him.

A Health and Safety Executive (HSE) investigation found that the company had not been using the suitable equipment for the task. The operator had not been properly trained to operate a fork lift truck. The company also failed to have the fork lift truck in question thoroughly examined up to required standards.
Maurice James Blackford of Minster Road, Stourport, Kidderminster, pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act 1974 and Susan Hawthorne of Blackthorne House, Hartlebury Road pleaded guilty to the same breach.

Both were sentenced to 18 weeks imprisonment suspended for two years and fined £10,000 each. Full Prosecution costs of £4318 split between the two defendants, were awarded to the Health and Safety Executive (HSE) that prosecuted the case.
Speaking after the hearing HSE inspector Tariq Khan said:

“The seriousness of the safety failings could have resulted in much more severe injuries to Mr Lainsbury who was lucky to walk away from this incident.
“This case highlights the importance of maintaining proper safety practices and also all duty holders will be held accountable for failing to do so.”


 

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