Risk, Health and Safety Information

Health and Safety in the news this week

Southwark pleads guilty over Lakanal House fire

A London council has pleaded guilty to four counts of breaking fire safety regulations over a blaze in a 14-storey tower block that killed six people.

Southwark council admitted it failed to address fire risks at Lakanal House in Camberwell, south-east London, in the years leading up to the UK’s worst ever tower block fire on 3 July 2009.

The fire, which an inquest previously found had started in a television in a ninth-floor flat, spread through the 1958-built block of 98 maisonettes with a ferocity that baffled firefighters and terrified residents. 

Those who died had been told to stay in their homes by 999 operators, who believed fire safety measures would be sufficient to prevent flames and smoke from reaching them.

London Fire Brigade, which is responsible for enforcing fire safety laws, originally brought 22 charges against Southwark, but in a hearing at Southwark Crown Court, the council agreed instead to plead guilty to four charges on a revised indictment.

Outlining the case against Southwark, Stephen Walsh QC, representing the fire brigade, said:

“It was a serious fire from about four o’clock in the afternoon on that warm day. It started in a piece of electrical equipment in a bedroom in a flat on the ninth floor.

Tragically, six people, including three children, died on the 10th and 11th floors. But it’s of great importance that I make the point that this prosecution is concerned with the risks that existed prior to the fire, because that’s what the fire safety order is concerned with.”

Dave Lewis of the Sceaux Gardens Tenants and Residents Association, who lives in Marie Curie House, an identical block opposite Lakanal House, said:

“It was a very tragic day back in 2009; three children, one 20 days old, lost their lives.

I think it’s appropriate for the London Fire Brigade to bring this case against Southwark council. I think Southwark ... have put a lot of time, energy and money into improving fire safety in high-rise [blocks] and beyond there.

However, I think this case is needed because the message needs to go out to landlords, social or otherwise, that they have responsibilities that can’t be ignored.”

Dan Daly, London Fire Brigade’s assistant commissioner for fire safety, said their advice in the event of a similar incident remains the same:

“If buildings are built and maintained correctly, walls, floors and doors in flats and maisonettes give you protection from fire – a minimum of 30 to 60 minutes – so, if there is a fire elsewhere in the building but not inside your home you’re safer staying in your flat unless heat or smoke is affecting you. Stay put and call 999.

If you leave your flat you could be rushing into choking smoke, the fire itself or firefighters using equipment to bring the fire under control in another part of the building.”

A Southwark spokeswoman said the council accepted responsibility for the fire and had spent £62m on fire risk assessment programmes since.

Source: Construction Manager News

HSE prosecution round up:

Steel worker suffers life threatening injuries

A Canvey Island engineering firm was sentenced today for health and safety breaches after a worker suffered life-changing injuries.

Southend-on-Sea Magistrates’ Court heard that on 10 June 2015 Felix Trefas, 27, a welder for F. Brazil Reinforcements Ltd, was making large steel reinforcing cages which were moved by overhead travelling cranes.

When one of these cranes broke down, a colleague asked Mr Trefas to climb more than an estimated six metres up the crane supports to re-set the controls. While Mr Trefas was resetting the faulty crane, his left leg was crushed when he came into contact with another overhead crane. His leg was later amputated below the knee.

The District Judge heard the overhead cranes were poorly maintained so that workers regularly had to work at height to re-set them and during the night shift this often involved workers climbing the crane support column

Summing up he said this “horrific accident should never have happened” and that the company “should have had systems in place” to identify that unsafe access to the cranes was regularly occurring.

The court also heard the toilet and washing facilities for workers were in an extremely poor and dirty condition despite having been the subject of previous enforcement action by HSE.

F. Brazil Reinforcements Ltd of Romainville Way, Charfleets Industrial Estate, Canvey Island pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974, and to two separate breaches of Regulation 4 of the Workplace (Health, Safety and Welfare) Regulations 1992.

It was fined £277,000 in relation to the Section 3(1) charge, a single penalty of £5,000 in relation to the two breaches of Regulation 4, and ordered to pay £11,904 costs and £120 victim surcharge.

After the hearing, HSE Inspector Sue Matthews commented:

“It is essential that lifting equipment is properly maintained and that safe systems of work are in place for work at height. Employers have a duty to ensure that welfare facilities are kept clean.

Felix is incredibly lucky that he was not killed in this incident but he has suffered permanent life-changing injuries. This preventable workplace accident has changed the life of a previously fit and hard-working young man irrevocably.” 

Employer prosecuted after employee falls from roof

A self-employed businessman has been prosecuted after his employee fell from the flat roof of a building and died from his injuries.

Manchester Crown Court heard how, on 22 December 2013, father of two, Jason Fogarty, a casual employee of Roy Hardaker (trading as 9 to 5 Roofing), was working on a flat roof replacement project. He was working alongside Hardaker.

The roof replacement was complete and the men were installing cladding and flashing around the top of the building to seal the edges of the roof. Mr. Fogarty was holding the cladding sheets in position from a ladder footed by his colleague, while Hardaker secured the sheets and the flashing from the roof.

Mr. Fogarty climbed up onto the roof and subsequently fell from the edge and was pronounced dead at the scene. The reason for him climbing to the roof was not discovered.

A joint investigation carried out by Greater Manchester Police and the Health and Safety Executive (HSE) found that the work was not properly planned in order to ensure it could be carried out safely. As a result, there were no measures in place, such as scaffold edge protection, to prevent falls from the edges of the roof.

HSE inspector Laura Moran said after the hearing:

“The dangers associated with working at height are well known.

Mr. Hardaker is an experienced roofer, who completely failed in his duties to properly plan the roof work and to ensure it was carried out safely. By failing to have suitable edge protection installed around the building, Mr. Hardaker put himself and his employees at risk, ultimately costing Mr. Fogarty his life.”

Roy Hardaker, 9 to 5 Roofing, of Oldham, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and was sentenced to nine months imprisonment, suspended for two years and 200 hours of unpaid work.

London based firm fined after worker's death

Bus Company Go Ahead London has been sentenced after worker was killed when he fell from a ladder.

Southwark Crown Court heard on 26 May 2011 the worker was using a ladder to access the top of a fuel tank when he fell two and a half metres backwards, suffering fatal head injuries.

An investigation by the Health and Safety Executive (HSE) found the company did not implement and keep to their own procedures for managing contractors. As a result they failed to manage their contractors effectively and ensure that they conduct work in a safe manner.

Go Ahead London of 41-51 Grey Street, Newcastle Upon Tyne have been found guilty of section 3 (1) of the Health and Safety at Work Act 1974 and have been fined £600,000 and ordered to pay costs of £78,531.

Speaking after the hearing HSE inspector Neil Fry said:

“This is a tragic case which could have been entirely preventable.  If the company had managed their contractors effectively then the worker would have returned home safely from work.”

Self-employed haulage contractor killed by reversing lorry

A Swinton transport company and a director were in court today following the death of an HGV company owner at their Sandywood Industrial Estate.

Daniel Adams, 63, of Farnworth, rented a unit on the industrial estate owned by Alec Sharples Farm Supplies and Transport Limited where the fatal incident occurred on the 7 May 2014.

Manchester Crown Court heard how Mr Adams had been working on one of his own lorries when an HGV owned by Alec Sharples reversed into Mr Adams’s section of the yard.

The HGV driver spoke with Mr Adams. However, when the conversation was over the HGV driver reversed his truck, inadvertently crushing Mr Adams between the two vehicles. Daniel Adams was taken to Salford Royal Hospital where he died of internal injuries two days later.

The incident was investigated by the Health and Safety Executive (HSE) which prosecuted Alec Sharples Farm Supplies and Transport Limited for serious safety failings in the organisation and operation of the site.

The HSE investigation found the firm had failed to implement a safe system of work for reversing HGVs and training drivers. There was no segregation of pedestrians and HGVs or any banksmen provided.

Alec Sharples Farm Supplies and Transport Ltd of Roscow Road, Kearsley, Bolton pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £30,000 and ordered to pay costs of £14,000.

Speaking after the hearing, HSE Inspector Ian Betley said:

“This was a tragic and wholly avoidable incident, caused by the failure of the host company to implement safe systems of work, and failure to ensure that health and safety documentation was communicated and followed.

This risk was further amplified by the company’s failure to undertake a number of simple safety measures including segregating vehicles and pedestrians, ensuring that vehicles were fitted with reversing ‘bleepers’, and ensuring that reversing manoeuvres were supervised, in accordance with their site rules.
 

Container terminal in court after worker injured

London Container Terminal (Tilbury) Limited (LCT) has been fined after a worker was seriously injured when the ‘straddle’ carrier he was driving overturned at Tilbury Docks in November 2014.

Basildon Crown Court heard that on 16 November 2014 a worker inadvertently drove his straddle carrier into a large excavation at the docks.  The court was told that looking down from his cab, the driver did not see the road cones, small flashing lights or the ticker tape around the excavation because it was dark and the weather conditions were poor.

The straddle carrier, a vehicle used in the port terminal for stacking and moving freight shipping containers, toppled over. The worker suffered life changing injuries, his head wound required 29 staples to close and he continues to suffer from post-traumatic stress disorder.

An investigation by the Health and Safety Executive (HSE) found the precautions taken by LCT were wholly inadequate to prevent the vehicle from being able to enter the excavation. The court heard that all of the straddle carrier drivers working in the vicinity of the excavation had been exposed to the risk for several days during the course of the excavation works.

London Container Terminal Limited of Northfleet Hope House, Tilbury Docks, Tilbury pleaded guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work Act 1974 and have been fined £180,000 and ordered to pay costs of £73,296. London Container Terminal ceased trading in December the fine will be paid by the Port of Tilbury (London) Limited.

Speaking after the hearing, HSE Inspector Nicola Jaynes said:

“This was a serious incident and that could have been much worse. This was preventable if LCT had the correct safety precautions in place.  This case serves as a reminder that suitable precautions are required to protect both pedestrians and vehicles from entering excavations.”

Oldham building contractor in court over fall from height risk

An Oldham based building firm has been fined for exposing its workers to dangerous work at height.

An Inspector from the Health and Safety Executive (HSE) issued an immediate Prohibition Notice ordering Select Quality Homes Ltd to stop work at a site at Newmarket Road, Ashton under Lyne until workers had protection against falling from height. 

 

Manchester City Magistrates Court heard that an unannounced inspection took place in April 2015. During the visit the Inspector found that edge protection on the scaffolding was absent or inadequate in several places and as a result a prohibition notice was issued. Upon a return visit from HSE to the site the scaffolding was still inadequate. 

The court also heard that if Select Quality Homes Ltd had carried out their duty to plan, manage, and monitor the site properly, and subsequently followed the advice outlined by HSE’s Inspector, the defects in the scaffolding would have been resolved without the need for any formal enforcement action.

Select Quality Homes Ltd of Middleton Road, Chadderton, Oldham pleaded guilty to breaches of Regulation 6(3) of the Work at Height Regulations 2005 and Section 22 of the Health and Safety at Work etc. Act 1974, and was fined £6,600 and ordered to pay costs of £646.70.

Speaking after the hearing HSE Inspector David Argument said:

“This could have been avoided if Select Quality Homes Ltd had taken simple steps to prevent people from falling, such as guard rails, mid rails and toe-boards.  Prohibition Notices are only served when an Inspector is concerned there is a risk of serious injury.  Failure to comply with these notices is a criminal offence and HSE will take robust action when dutyholders do not take action to control serious risk”.

Source: www.hse.gov.uk