Timber repair firm responsible for spread of asbestos fibres in shop

Potentially deadly asbestos fibres were spread in part of a shop by unqualified workmen and left on the premises for three weeks.

In a prosecution by the Health and Safety Executive (HSE), Cardiff Magistrates today heard that Timberwise (UK) Ltd, a national company specialising in damp and timber repairs, committed four offences and was fined a total of £18,000 and ordered to pay £5,314 in costs.

The court was told that Timberwise was contracted to carry out the work in an antiques shop at in High Street, Cowbridge in the Vale of Glamorgan in July, 2011.

Timberwise sent employees to work on the site to survey and strip out parts of the building affected by damp and wood rot, without checking for the presence of asbestos.

None of the workers had received sufficient information, instruction or training in asbestos awareness or removal and Timberwise did not have a license to remove or handle asbestos containing materials.

Asbestos insulation boards were removed in a back room by one of the workers and the ceiling was demolished. The uncontrolled removal of the asbestos boards and demolition work caused the disturbance and spread of potentially deadly asbestos fibres.

Instead of arranging for the proper disposal of the asbestos, the dust was swept into rubble bags and dumped in a skip lorry, along with the asbestos insulation boards. The asbestos material was immediately identified at the waste transfer site and were collected by Timberwise and left in the backyard of the shop.

The owners of the building contacted the HSE and then arranged for a licensed removal company to undertake a full environmental clean of the building.

HSE Inspector, Steve Richardson, speaking after the case, said: "This incident was entirely preventable and would not have happened if Timberwise had provided adequate information, instruction and training to its staff.

"The company had no procedures to check for the presence of asbestos and as a result, has put the health of its workers and the shopowners at risk of potentially fatal asbestos-related lung diseases."

Timberwise (UK) Ltd, of Drake Mews, Gadbrook Park, Rudheath, Cheshire, pleaded guilty to four offences under the Control of Asbestos Regulations 2006 and was fined the following amounts:

- Section 5 (duty to identify the presence of asbestos) £4,500
- Section 8 (work with a licensed asbestos material) £4,500
- Section 10 (duty to provide information, instruction and training) £4,500
- Section 16 (duty to prevent of reduce the spread of asbestos) £4,500

Asbestos removal firm fined for putting Workers at Risk

A licensed asbestos removal contractor has been fined for putting its workers at risk of exposure to the dangerous substance during a refurbishment project in Warwickshire.

The Health and Safety Executive (HSE) prosecuted AG&M Ltd for failing to properly maintain a decontamination unit and respiratory masks, and for failing to have a trained supervisor on site at a building in Station Road, Kenilworth.

Nuneaton Magistrates’ Court heard that an inspector from HSE visited the site on 20 January 2011 and found the unit, which was essential to allow workers to clean themselves thoroughly after removing asbestos from the building, was substandard.

Of most concern was that the shower could not be used because the water in the hosepipe which supplied it had frozen.

Daily inspection records of the unit had not been completed so the company had also failed to identify a damaged vent, a broken door hinge and the shower compartment door not closing properly.

The court heard that two men, who were removing ceiling tiles containing amosite, or brown asbestos, from the building when the inspector visited, would not have realised there was no water supply until they were in the shower compartment.

They would not have been able to clean themselves until the water in the pipe had defrosted, which would have increased the risk of exposure and spread of asbestos.

AG&M Ltd, of Stocks Hill, Ecclesfield, Sheffield, was today found guilty of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £10,000 and ordered to pay £5,349 costs.

After the hearing, HSE principal inspector Jo Anderson said:

"AG&M’s failure to maintain the unit meant that if we had not drawn this to their attention, two men would have been unable to shower, which is the final and most important stage of decontamination, until the ice had melted.

"It is unacceptable to allow such failings. As a licensed asbestos removal contractor, the company was fully aware of its responsibilities to ensure the safety and welfare of its workers. Licensed contractors are required to achieve the highest standards of control to prevent exposure and spread.

"People who work with asbestos must be able to clean themselves properly to prevent exposure to such a potentially dangerous substance.

"It is also essential to have a trained and competent supervisor on site at all times to pick up on and resolve such issues before anyone is put at risk."

Asbestos is the biggest single cause of work-related deaths in the UK, with an estimated 4,000 people dying every year from lung diseases such as mesothelioma

One in three basement projects fail safety check

Nearly one in three domestic basement projects across four London boroughs has failed health and safety spot checks.

A day-long inspection initiative by the Health and Safety Executive (HSE) on 19 June saw a team of inspectors visit 59 construction sites across Kensington and Chelsea, Westminster, Camden and Haringey.

Enforcement action was taken at 17 of those sites, with 20 Prohibition Notices served requiring dangerous practices to stop with immediate effect, and six Improvement Notices served requiring safety improvements to be made.

More than half of the Prohibition Notices related to unsafe work at height and a fifth dealt with inadequate temporary works, such as propping, shuttering and other forms of support. Training and welfare concerns accounted for the majority of the Improvement Notices.

Andrew Beal, Principal Inspector for HSE's construction division in the City and South West London commented:

"Construction remains one of Britain's most dangerous industries and fatal incidents across London have shown how devastating domestic basement collapses can be. Workers have also been seriously injured in excavations which have caved in or by buildings collapsing above them.

"We've found similar failings across various sites and we will continue to clampdown on dangerous practices or poor standards until the message gets through.

"Contractors must properly plan their work and protect their workers from risks such as falls from height or structures collapsing."

Domestic basement projects are technically-challenging and carry substantial risks. Common issues found during the inspections were:

• Work was not properly planned
• Failure to appoint a competent engineer to design suitable propping to support excavations and existing structures
• Poor or lack of welfare facilities for workers
• Basic precautions were missing, such as edge protection to prevent falls from height

School kitchens- Slips, Trips & Falls

A school catering company recognised that they could do more to reduce slips, trips and falls. They took the opportunity to attend an HSE workshop. It helped them identify what could be contributing to slips, trips and falls and what simple, cost-effective measures could help reduce them. They looked at changing their systems and procedures right away.

All cooks and catering managers got a presentation on slip, trip and fall hazards from the managers who attended the course and heard how they could reduce the risks simply by changing the way they mopped.

Doing it in two stages - mixing the detergent to the correct amount with hot water and then leaving it for a minute or so on the floor is more effective at removing grease than mopping it off immediately.

A survey identified that a number of school meals teams would benefit from slip-resistant overshoes. This included those staff working in kitchens with smooth flooring, typically found in older facilities, and those kitchens where slip accidents had occurred.

Though the measures have only recently been introduced, the reduction in slips trips and falls has been dramatic with a fifty per cent fall on the previous year.

Worker suffers severe burns at Staffordshire firm

A Leek company that makes webbing for seatbelts and harnesses has been fined after an employee trapped both arms in a machine and suffered severe burns.

Stewart Wood, a dye machine operative at Marling Leek Limited, was working a night shift on August 2 last year when webbing became wrapped around the machine's rollers.

He climbed onto the machine without isolating it to try to unravel the webbing and his left arm was drawn in between the unguarded rollers. He tried to push the top roller upwards to open a gap but his right arm was drawn in as well.

A colleague outside heard Mr Wood scream but did not know how to stop the machine so ran to get another employee. By the time he was freed he had suffered severe burns and skin damage.

Mr Wood, 60, of Leek, was taken to North Staffordshire hospital before being transferred to the special burns unit in Birmingham where he remained for two weeks. He has had skin grafts on both arms and has permanent loss of sensation to the injured area. He was off work for a number of weeks but has since returned to work for the company.

A Health and Safety Executive (HSE) investigation found that Marling Leek had failed to implement a safe system of work for the job Mr Wood was doing and had exposed employees to risks over several years.

Stafford Magistrates' Court was told that despite Mr Wood having worked at the company for 12 years he had never received adequate information, training or written instructions on how to carry out the common task of removing wrap-arounds safely.

HSE served two Improvement Notices after the incident. The first required Marling Leek to carry out a thorough risk assessment to include dealing with wrap-arounds and working at height.

A second, not connected to the incident, concerned the electrics in the powder dye room, as they were found not to be waterproof, despite being in a wet environment.

Marling Leek Limited, of Marling Mills, Leek, Staffordshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, was fined £5,000 and ordered to pay full costs of £5,827.

After the hearing, HSE Inspector Lyn Spooner said:

"Mr Wood was lucky not to have been more seriously injured or even killed. The rollers pulled both his arms in above his head and trapped him for what can have only been a terrifying number of minutes.

"The consideration given to the risks of operating this machine was not suitable or sufficient, and supervision and monitoring was also inadequate. The picture that emerged of Marling Leek is one that failed to develop an effective safety management system. In doing so they exposed their employees over a prolonged period to significant risk every day they came to work, ending in a tragic incident that could and should have been prevented.

"There is no excuse for companies failing to discharge their health and safety duties, especially when these failings lead to someone being hurt. HSE will continue to take action against those who fail to protect their employees.

Company fined after worker's fingertip is severed

A Cardiff manufacturing company has been fined after a worker lost the tip of a finger while using an unguarded drill.

Vaughan Thomas, 21, from Caerphilly, was working at MIB Manufacturing Ltd's factory on Rising Sun Industrial Estate, Blaina, when the incident happened on 26 April 2011.

The Health and Safety Executive (HSE) prosecuted the company which produces light steel frames and panels for the building industry, after an investigation revealed it had failed to ensure its workers were protected from dangerous parts of machinery.

Abergavenny Magistrates Court heard it was Mr Thomas' first time working at the Blaina factory and he had been sent there to work on placing and tightening bolts and screwing boards onto steel panels. However the panels were not yet ready and Mr Thomas was instead sent to help another employee who was drilling holes into steel frames.

He was asked to help load and unload the steel and was given gloves to wear. During the morning the employee carrying out the drilling was called away and Mr Thomas took over. It was during this time that his right glove became entangled in the drill bit, resulting in the loss of the top of his ring finger down to the first knuckle.

HSE's investigation revealed that Mr Thomas had not received any information, instructions or training on using the drill and that it had been unguarded at the time of the incident. Also the operation of the drill had not been risk assessed and there was no formal system in place for checking the drill guard.

MIB Manufacturing Ltd (now known as Blaina Manufacturing Ltd) of Rhymney River Bridge Road, Cardiff, today pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £15,000 and ordered to pay costs of £9,947. The company was also ordered to pay £3,000 in compensation to Mr Thomas.

HSE inspector Hugh Emment said:

"Serious incidents involving inadequately guarded drills are unfortunately too common. As this incident illustrates, the wearing of gloves is often a significant factor as it greatly increases the risk of entanglement and serious injuries.

"Incidents like this often result in the injured person having to deal with significant long term consequences for themselves and their families.

"Employers should ensure that machinery is suitably and sufficiently assessed. This includes taking into account relevant guidance and standards so that all necessary guarding and other risk reduction measures are in place as well as having systems to ensure that controls provided are maintained."

Teenage workers seriously injured after falling from height

A Derbyshire manufacturing firm and its director have been fined after two teenage agency workers fell from a lifting platform.

The Health and Safety Executive (HSE) prosecuted Storetec Limited and one of its Directors after Leon Payne, 18, from Sutton in Ashfield, Nottinghamshire, broke his back in the incident on 6 April 2009 at the firm's depot on Sawpit Lane Industrial Estate in Tibshelf. His colleague (who does not wish to be named), also 18, broke both of his heels and needed pins and a metal plate put in to his feet.

Derby Crown Court heard that the teenagers were helping to put scrapped trolleys into a skip using a makeshift lifting platform designed by Storetec director Brian Crossan to fit a fork lift truck. As the platform was bringing the two workers back down to the ground, it was caught and dragged off the truck's forks. The workers and platform fell four and a half metres to the ground.

HSE's investigation found that the company had failed to ensure the health and safety of its employees, and that company director Brian Crossan had not followed guidelines and standards in the design of the platform, as the fork extensions did not fit properly into the platform. Also the plate did not have any chains or any other means to secure it to the fork lift truck and it had an open edge.

After the hearing HSE inspector Fiona Coffey said:

"These two teenagers, who were just embarking on their working lives, narrowly escaped death and have now been left with life-changing physical and psychological injuries. One has even had to abandon his plans to join his father in the asphalt industry as it is too physically demanding.

"The company should have considered if it was necessary to use a platform like this in the first place, and if it was, used something that was legal and safe - this arrangement clearly was not.

"Mr Crossan put two teenagers in a dangerous position, without thought for the consequences."

Storetec Limited, registered at Europa House, Heathcote Lane, Warwick, pleaded guilty of breaching Section 3(1) of the Health and Safety at Work etc Act 1974. Today, Derby Crown Court fined the firm £22,000 and ordered it to pay costs of £12,134 and a £15 victim surcharge.

Mr Crossan also pleaded guilty to breaching Regulation 5(1) of the Lifting Operations and Lifting Equipment Regulations 1998, and was fined £3,500 and ordered to pay costs of £7,866 and a £15 victim surcharge