Firm Ordered to Pay more than £42,000 After Worker Injured

A Lincolnshire based company has been ordered to pay £42,631 after a worker was seriously injured after he was struck by a trailer.

Peter Borley of Limagrain UK Ltd endured serious back and chest injuries at the firm's Woolpit Business Park site after he was struck by a trailer on 27th March 2008.

The company admitted to failing to ensure the health and safety of an employee at Ipswich Crown Court on Monday 24th August and were fined £35,000 plus ordered to pay costs of £7,631. The incident occurred after a one-tonne trailer toppled over as it was being lifted onto a chasis.

Mr Borley suffered injuries to his ribs, vertebrae and sternum. Ruth Barber who was prosecuting for the Health and Safety Executive (HSE) said that workers had propped a refurbished trailer on its side, before trying to lift it on the its chassis using a forklift truck.

Even though Mr Borley was not involved in the move, he was struck by the trailer when it toppled over despite efforts to hold it back by the manager.

Results of an investigation by the HSE found a risk assessment had not been carried out, staff had not been trained for the task and that the straps used to lift the trailer were marked stating 'not for lifting'.

The company said in mitigation that they regretted the accident and had fully cooperated with the HSE's investigation and that in the past year they had spent £140,000 on health and safety. The company also described the accident as an 'isolated lapse' and had no previous convictions.
Since the incident, the company has introduced a policy of wearing high-visibility vests and has employed health and safety consultants to advise staff.

A spokesman for the HSE said after the hearing: "Cases like this highlight the need for all employers to ensure a proper and full risk assessment is in place.

"It is imperative work is carried out safely, and the HSE will not hesitate to take action against those who are in breach of the law and put people's safety at risk."

Employees' Warnings About Machine Ignored by Firm

A general operative at a factory received serious injuries while cleaning an unguarded machine. Wayne Lello, who was working at Swancote Foods Ltd in Telford, was cleaning a conveyor-fed potato processing machine, when his hand came into contact with an in-running nip and was drawn into the machine.

This was the first time that he had worked on the machine and he was shown how to clean it by a supervisor. He was instructed to use a scouring pad to wipe the conveyor belt while the machine was in operation when the incident took place on 20th April 2007.

Mr Lello was unable to free himself once the incident had occurred and called out for help. One of his colleagues reversed the conveyor belt to free his hand after isolating the machine. Mr Lello was then rushed to hospital and treated for lacerations, friction burns and tendon damge to his elbow and left forearm. Due to the severity of the accident, he has lost feeling in part of his arm has been unable to return to work for 3 months.

The potential dangers of this way of working had been previously highlighted and these concerns were reported to management, however nothing was done to rectify the situation.

On 31st March this year, Swancote Foods Ltd pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act 1974 and was fined £10,000 and ordered to pay costs of £5,000.
A senior manager at the company, Edward Davies, was found not guilty of breaching the same offence.

The firm was very repentant about the incident, and has carried out risk assessments on the machine following the incident. They have also installed guarding to prevent access to the danger area, and introduced a safe system of work, which states that during cleaning, the machine must be isolated.

HSE inspector, David Kivlin, said: "Adequate safeguards on moving machinery and safe systems of working should always be in place. Employees had themselves spotted fundamental flaws in cleaning procedures and raised their concerns that insufficient safeguards existed for their protection, but senior management did not heed those warnings.

"The worker's injuries were sufficiently serious to cause some long-term discomfort and adversely affect his work capabilities. The machine should clearly have been properly guarded.
"This incident could have been avoided if the company had established a safe way of tackling the job and ensuring that competent persons are regularly assessing and minimising the associated risks."

HSE Warns Construction Companies after Deaths Of Two Workmen

A crane company has been prosecuted for breaching health and safety law, prompting the HSE to remind construction companies of the financial penalties of not carrying out full risk assessments or ensuring staff are properly trained.

WD Bennett's Plant & Services Ltd was fined £125,000 plus costs of £264,299 on 31st July 2009 after they were found guilty of two health and safety breaches at Chichester Crown Court at a previous hearing in March. The two breaches led to an incident which caused the deaths of two workers and injuring a third.

Eurolift (Tower Cranes) Ltd have been charged alongside the company and pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and Regulation 8(3) of the Construction (Health, Safety and Welfare) Regulations 1996 at the start of the trial.
The incident took place at a construction site in Worthing on 11th February 2005, when Steve Boatman and Gary Miles were working on the jib of a crane. Both men died, with another was severely injured.

The injured man was working in the mast of the crane and was instructed to begin de-tourquing the crane's mast bolts. This should have been carried out one-by-one and then retightening each bolt in turn, however, he was not trained in this area of work and did not retighten the bolts, leaving them part undone. Subsequently the crane collapsed as it turned.

Mr Boatman and Mr Miles, died from the injuries they received after being thrown from the crane.

Peter Collingwood, the HSE inspector who led the investigation said: "This fine reflects the seriousness of the company's breaches of health and safety legislation. The accident, in which two men lost their lives, was avoidable. It was caused by the inadequate supervision of a worker who was not trained, nor competent for the task that he was asked to undertake.

"To avoid future tragedies like this, employers and contractors must ensure that tower crane work including erection and dismantling is only undertaken by trained, experienced and competent people who are supervised adequately."

Company Fined for Legionnaire's Test Failings

A company has been ordered to pay £41,276 after admitting that they didn't carry out the correct water treatment surveys in two care homes in South Wales.

DEBA UK Ltd appeared at Abertillery Magistrates Court on 6th August after failing to carry out legionella surveys on water systems at nursing homes in Tredegar and Llangattock.
This led to vulnerable residents at the homes being put at a considerably higher risk of contracting the potentially fatal legionnaire's disease.

The court was told that DEBA UK Ltd was commissioned to carry out the risk assessments for legionnaire's disease at the nursing homes and found the risk to be low. A following routine check at the nursing homes revealed there to be insufficient controls for legionella, and focus moved onto the work carried out by the company.

The company was fined £24,000 plus ordered to pay costs of £17,276 after pleading guilty to three charges under Section 3(1) of the Health and Safety at Work etc Act 1974.

Speaking after the case, Matthew Hamar, HSE inspector, said: "The nursing home operators commissioned DEBA UK Ltd to carry out the surveys in good faith and to help them comply with their responsibilities to manage the risk posed by legionella on their premises. They were badly let down in this case.

"Elderly nursing home residents are at greater risk from the bacteria that give rise to conditions such as legionnaires disease, so it is imperative that safety critical surveys like those carried out by DEBA UK Ltd are adequate.

"Fortunately, there was no evidence of any outbreak of the disease as a result of these incidents, but there is a clear responsibility to those companies carrying out specialist work that they need to carry out adequate surveys and provide accurate information.

"The health and safety of all those who use our services, as well as our members of staff, is always our top priority. We take matters such as this very seriously and have been working very closely with the Health and Safety Executive throughout this case. We hope that everyone acts upon the valuable lessons from this case."

Hampshire Waste Firm Fined £60,000 over Worker's Death

The Health and Safety Executive is warning companies that adequate risk assessments must be in place after an employee died after being hit by a vehicle at a waste transfer station.

Frederick Aubrey who worked for John Stacey and Sons died on 1st June 2007 at its Tadley facility in north Hampshire.

Mr Aubrey and two other employees were hand-sorting material in a process known as totting at the waste management and construction firm. A fourth employee was instructed to tip over a skip using a shovel loader and in doing so, reversed over Mr Aubrey, who died from his injuries 5 days later.

John Stacey and Sons appeared at Winchester Crown Court on July 29th 2009 and pleaded guilty to section 2(1) of the Health and Safety at Work etc Act 1974 and regulations 3(1) of the Management of Health and Safety at Work Regulations 1999 at a previous hearing at Basingstoke Magistrates Court on 29th June. The company was fined £60,000 and ordered to pay costs of £29,061, plus a victim surcharge of £15.

The HSE explained that the process of totting had only been carried out at the company for about 2 weeks before the incident occurred, and the company had not identified that this practice unnecessarily exposed employees to the risk of vehicles moving around them without protection to them.

HSE Inspector David Bibby said: "This case highlights the importance of assessing risks and putting adequate controls in place to protect pedestrians from vehicles, and the tragic consequences when this is not properly done."

"This should serve as a message to all companies, and especially those in the waste industry where unfortunately accidents like this are all too common, to ensure that risks from workplace transport are identified and suitable measures put in place to prevent accidents."

Shell Pays Record £345,000 FSO Fine

Shell International Ltd. has been fined a record £300,000 and ordered to pay costs of £45,000 after pleading guilty to three breaches of the Regulatory Reform (Fire Safety) Order at the Inner London Crown Court on 2nd June 2009. This is the largest penalty under the legislation to date.

The company was prosecuted by the London Fire Brigade following two small fires at the Shell Centre on London's South Bank in the space of three weeks.

A subsequent inspection on 12th January 2007 concluded that there were extensive breaches such as blocked escape routes and fire exits, defective doors and excessive fire loading, which had been considerably increased due to refurbishments taking place in the upper floors.

The Shell Tower and basement levels were restricted after the London Fire Brigade served a prohibition notice. This stated only people who were working to remedy the fire safety deficiencies were allowed to enter these parts of the building. An inspection carried out on 15th January 2007 showed that all of the fire safety failings had been taken care of and ultimately the prohibition notice was lifted.

It was also found that the company’s fire risk assessment had not been reviewed or updated since March 2003. The London Fire Brigade said that the condition of the general fire precautions in the building had deteriorated.

"Shell failed to respond properly to their risk assessment for three and a half years and had it not been for the fires which led to the inspection, it could have been considerably longer," said assistant commissioner Steve Turek. "Had Shell acted upon the findings of the 2003 risk assessment at the time, they would have avoided putting their staff at risk."

The first of the fires was on 19th December 2006 in the early hours of the morning, in which four fire engines and 20 fire fighters attended the scene. The second occurred on 5th January 2007, which was started by cutting equipment setting fire to insulation material. Forty people evacuated the building before the London Fire Brigade arrived.

London fire commissioner, Ron Dobson, said: "This conviction shows that major companies are not exempt from prosecution and must take their responsibilities under the RRO seriously."
Commenting in response to the conviction, a spokesperson for Shell said: "We are sorry for the shortcomings but must emphasise there were no injuries to people. We put things right immediately and have also had an independent review of our fire safety plans and condition of the building. Shell Centre is safe and we are complying fully with the law."

Firm fined £12,000 for Breach in Health and Safety

A firm has been fined £12,000 after admitting two breaches of health and safety laws.
Pete Mellor Ltd, in Byrkley Street, Burton, was taken to court by the Health and Safety Executive after a 1.8 tonne weight from a fork lift truck fell on Keith Thompson.

As a result of the injury in October 2007 Mr Thompson's left leg was amputated below the knee.
The firm admitted failing to provide a safe system of work in relation to the removal of a counterbalance weight from a forklift and failing to carry out a risk assessment.
At Southern Derbyshire Magistrates' Court, the firm was fined £12,000 and ordered to pay £2,564 in costs.

HSE Warns Employers to Safeguard Employees Working at Height

The Health and Safety Executive (HSE) has issued a warning to all employers to ensure that they take proper precautions to prevent employees from falling from height.

This word of warning is in respect to the prosecution of a Coventry based company by the HSE, after an employee feel from a roof 3.5m high, consequently, dislocating two of his fingers, fracturing his left wrist and injuring his eye socket.

Thornett Mechanical Services Ltd, was fined a total of £2,500 plus ordered to pay costs of £2,151 at Coventry Magistrates' Court on 13th May 2009. The company pleaded guilty to breaching health and safety legislation.

Following investigations into the incident, which occurred on 2nd December 2008 at a unit in Bilton Industrial Estae, Coventry, the company was charged by the HSE under Regulation 4 and Regulation 6(3) of the Work at Height Regulations 2005.

The employee was constructing the roof of an acoustic booth at a height of 3.5 metres where access to the roof was via a mobile tower scaffold. In order to undertake the roof work, it was necessary for the employee to work on the roof and use two planks to kneel and stand on. The drill bit broke while he was kneeling on the roof perimeter, causing him to jolt forward. As a result, he lost his balance and fell onto a concrete floor.

Speaking after the case, HSE investigating inspector Pam Folsom said: "Thornett Mechanical Services Ltd failed to carry out a risk assessment or plan a safe system of work. This could have involved fabricating the roof at floor level and lifting it into position so that the perimeter fixings could then be undertaken from the tower scaffold, or erecting edge protection around the roof's perimeter as the tower scaffold only covered the width of the booth. The injured man had not been trained to work at height and his supervisor had not been trained to conduct risk assessments. Furthermore, the supervisor had not done any work at height training himself."

Health and Safety Training 'is necessary'

The importance of health and safety training and risk assessments have been highlighted after a worker was injured at work.

According to the Health and Safety Executive (HSE), an employee of Trucast of Derby Road, Melbourne, Derby, sustained crush injuries to his left thumb when it became caught in closing clamp mechanism on the machine he was working at, leading to part of the digit being lost.

Isle of Wight Magistrates Court fined the company £5,000 in total and ordered it to pay a contribution towards costs of £9,000, after it admitted breaches of the Management of Health and Safety at WorkRegulations 1999 and the Provision and Use of Work Equipment Regulations 1998.

An investigation by the HSE discovered that unsuitable risk assessments had been carried out regarding the machinery, while there was easy access to dangerous parts of the equipment.
Roger Upfold, inspector at the watchdog, explained that firms need to "ensure that an appropriate package of measures including physical safeguards, safe systems of work and consistent training are provided for the safety of all workers".

Last month, the HSE reminded of the need to make personal protective equipment available to workers, following a company being fined after a worker was burned.