Birmingham builders fined for illegal asbestos removal

Two self-employed builders from Birmingham have been sentenced for exposing householders, as well as themselves, to asbestos.

The Health and Safety Executive (HSE) prosecuted Harnek Ram of Handsworth and Gulzar Singh of Smethwick, trading as G Builders, after they illegally removed and broke up asbestos panels from a home in Handsworth between 19 and 25 May 2012.

Birmingham Magistrates' Court heard that the householder, who does not wish to be named, received a grant from Birmingham City Council to convert his garage into a bedroom and bathroom for his disabled father.

As part of the grant process, samples were taken on behalf of the City Council to test for asbestos and the results revealed asbestos was present. However, HSE's investigation concluded that by the time the test results were known, Mr Ram and Mr Singh had already broken up the asbestos insulating boards (AIBs) with a hammer and removed them.

HSE told the court that neither Mr Ram nor Mr Singh held the necessary licence to remove the asbestos boards. Nor did they carry out, or ask to see, an asbestos survey, which is required by law before any demolition or refurbishment work is undertaken.

In failing to take adequate steps to prevent both the exposure to and spread of asbestos fibres generated by their work, they put the householders, themselves and others at risk of inhaling the potentially harmful airborne fibres. The subsequent clean-up of the site cost the City Council more than £6,500.

Mr Harnek Ram of Mary Road, Handsworth, and Mr Gulzar Singh, of Brian Road, Smethwick, both pleaded guilty to a breach of the Health and Safety at Work etc Act 1974.

Mr Harnek Ram was fined a total of £2,000 and ordered to pay costs of £1,200. Mr Gulzar Singh was also fined £2,000 and ordered to pay costs of £1,200.
Speaking after the prosecution, HSE Inspector Gareth Langston said:

"Inhaling asbestos fibres can cause mesothelioma, which is always fatal, and other life-threatening conditions. More than 4,000 people die every year from asbestos-related diseases."

"An estimated 70% of properties contain asbestos. It is illegal to undertake any work which will disturb the fabric of the building without carrying out and obtaining the results of an asbestos survey.

"The type of work being undertaken in Handsworth should have been carried out by a builder who holds the necessary licence, in a safe manner and with the necessary control measures. Instead, Mr Ram and Mr Singh exposed the householders and others - including themselves - to potentially harmful airborne asbestos fibres. They also demonstrated a complete disregard for the law."

Workers exposed to asbestos during refurbishment work

The owner of a cladding installation business has been fined after he exposed workers to a potentially fatal risk from airborne asbestos fibres at a house in Bedfordshire.

Michael Southern, owner of PMF Cladding, instructed an employee and a casual labourer to remove and replace soffit boards during refurbishment work at a property in Sharnbrook in August 2011.

However, Bedford Magistrates’ Court heard that Mr Southern had not carried out a suitable survey in advance to determine whether asbestos was present and did not hold a licence to undertake work with the dangerous material.

A neighbour informed Mr Southern that the soffits were made of asbestos insulating board but that did not stop him allowing work to carry on.

After a complaint was made to the Health and Safety Executive (HSE), an inspector visited the site and immediately halted further work.

HSE’s investigation found that Mr Southern was aware from some of his previous jobs that soffit boards may contain asbestos but had not taken this into account when assessing this job. He had also failed to provide information and training to workers who could be exposed to asbestos fibres.

Michael William Southern, 48, of Brington Road, Old Weston, Huntingdon, trading as PMF Cladding, Cambridge Road Industrial Estate, Bedford, was fined £7,015 and ordered to pay £3,200 in costs after pleading guilty to four breaches of the Control of Asbestos Regulations 2006 on 30 August 2011.

After the hearing, HSE Inspector Gavin Bull, said:

"Mr Southern, as a person running a cladding installation business, should have been in no doubt about the dangers posed by asbestos and of the regulations governing work with this material. Despite this, he progressed this work without testing the material to be removed for the presence of asbestos. This resulted in those working there being exposed to risk of inhaling airborne asbestos fibres without taking any suitable precautions.

"This incident was entirely preventable and highlights the importance of having a robust asbestos management system in place.

"Dutyholders should identify the type, location and condition of all asbestos-containing materials, and establish appropriate precautions, before starting removal operations. This is all the more important for this type of higher-risk notifiable work, which should only have been performed by a licensed contractor."

Asbestos is the single greatest cause of work-related deaths in the UK. It is responsible for around 4,500 deaths each year. Asbestos is still present in many buildings and any work likely to disturb the asbestos needs to be positively managed to prevent exposure

New figures show fall in fatal injuries to workers

The number of workers killed in Britain last year has fallen, official statistics published today show.

Provisional data released by the Health and Safety Executive (HSE) reveals that 148 workers were fatally injured between April 2012 and March 2013, compared with 172 in the previous year.

The overall rate of fatal injury has dropped to 0.5 per 100,000 workers, below the five-year average of 0.6.

Britain has had one of the lowest rates of fatal injuries to workers in leading industrial nations in Europe consistently for the last eight years.
Judith Hackitt, the HSE Chair, said:

"These figures are being published in the same week as the 25th anniversary of the Piper Alpha disaster, and are a reminder to us all of why health and safety is so important. Although the number of people killed at work has dropped significantly, last year 148 people failed to return home to their loved ones.
"The fact that Britain continues to have one of the lowest levels of workplace fatalities in Europe will be of little consolation to those who lose family members, friends and work colleagues.

"HSE is striving to make health and safety simpler and clearer for people to understand so that more people do what is required to manage the real risks that cause death and serious injury.

"We all have a part to play to ensure people come home safe at the end of the working day and good leadership, employee engagement and effective risk-management are key to achieving this."
The new figures also show the rate of fatal injuries in several key industrial sectors:

• 39 fatal injuries to construction workers were recorded – a rate of 1.9 deaths per 100,000 workers, compared to an average of 53 deaths in the past five years and a decrease from the 48 deaths recorded in 2011/12.
• 29 fatal injuries to agricultural workers were recorded – a rate of 8.8 deaths per 100,000 workers, compared to an average of 36 deaths in the past five years and a decrease from the 35 deaths recorded in 2011/12.
• 10 fatal injuries to waste and recycling workers were recorded – a rate of 8.2 deaths per 100,000 workers, compared to an average of 6 deaths in the past five years and an increase from the 5 deaths recorded in 2011/12.

Across Great Britain:

• 118 fatal injuries in England were recorded – a rate of 0.5 deaths per 100,000 workers, compared to an average of 144 deaths in the past five years and a decrease from the 131 deaths recorded in 2011/12
• 22 fatal injuries in Scotland were recorded – a rate of 0.9 deaths per 100,000 workers, compared to an average of 22 deaths in the past five years and an increase from the 19 deaths recorded in 2011/12.
• 8 fatal injuries in Wales were recorded – a rate of 0.6 deaths per 100,000 workers, compared to an average of 12 deaths in the past five years and a decrease from the 19 deaths recorded in 2011/12.

Concrete manufacturer fined after worker's arm pulled into machine

An Ayrshire concrete manufacturer has been fined for safety failings after a worker suffered serious injuries to his arm when it became entangled in a machine.

Christopher Fay was using a rolling machine to flatten concrete in a mould when his glove became caught in a metal D-ring connecting the roller to the handle. His arm was drawn into the roller as it turned, breaking it in two places.

Mr Fay needed two plates surgically inserted in his arm and physiotherapy treatment. He no longer has full strength in his right arm leaving him unable to lift heavy loads and has been left with scarring. He has since returned to work with a different company.

Kilmarnock Sheriff Court was told, that around a month before the incident took place at Hillhouse Precast Concrete Ltd in Mains Road, Beith, on 18 January 2010, the machine’s handle was leaking hydraulic fluid and was replaced.

The original handle had a ‘hold to run’ mechanism fitted which prevented workers being exposed to the risk of the machine starting automatically, and therefore unexpectedly, if it was turned on remotely. However, the new switch did not have this safety feature and so was capable of being left in the ‘on’ position. No one had noticed the difference.

On the day of the incident the machine was restarted remotely by an employee who was unable to see Mr Fay and other staff working at the roller. Mr Fay was standing close to the machine and his glove was caught in the machinery.

An investigation by the Health and Safety Executive (HSE) revealed that Hillhouse Precast Concrete Ltd had failed to recognise that the ‘hold to run’ control switch was a safety feature of the device and failed to maintain it appropriately or replace it with an identical switch.

Hillhouse Precast Concrete Ltd, of Hillhouse Quarry, Troon, Ayrshire, was fined £10,000 after pleading guilty to breaching Regulation 5 of the Provision and Use of Work Equipment Regulations 1998.

Following the case HSE Inspector Mark Carroll said:

"While this offence came about through an inadvertent mistake rather than any deliberate failure to comply with standards, not replacing the control switch with a similar ‘hold to run’ device, removed the only safety feature to protect workers from the concrete roller starting unexpectedly.

"As a result Mr Fay was badly injured and permanently scarred. Hillhouse Precast Concrete Ltd has introduced measures and bought new equipment to avoid a repeat of the incident, but it could have been prevented by better consideration of how the repair work affected the safe operation of the roller."

Sawmill fined after worker's arm crushed in conveyor

A Herefordshire sawmill has been fined for safety breaches after an employee suffered severe crush injuries when his arm was dragged into the rollers of a poorly-guarded conveyor belt.

Hereford Magistrates’ Court heard that a saw operator at Pontrilas Sawmills Ltd was attempting to remove a piece of wood from the idling end roller of the conveyor as it was interfering with the operation of the machine.

As he went to take hold of the piece of wood, his hand and then his arm got drawn in and trapped between the conveyor belt and the roller. His co-workers rushed to help and one pressed an emergency stop button. The conveyor belt then had to be cut to release his arm.

The 24-year-old, from Hereford, who has asked not to be named, suffered crush injuries to his upper right arm and nerve damage that has weakened his arm and hand. He needs further nerve grafts to restore their use, and has not yet been able to return to work.

An investigation by the Health and Safety Executive (HSE) found that on the day of the incident, 25 January 2012, the conveyor was affected by a fault which the company had been aware of for at least three weeks. The fault allowed an increasing amount of wood debris to accumulate at the idle roller end of the conveyor belt making it more likely that the machine would trip out.

The court was told the Pontrilas Sawmills Ltd failed to carry out a proper assessment of the risks associated with the conveyor belt. As a result there were no suitable controls in place, such as fixed guarding or interlocks. The conveyor did have a cover which was principally to reduce noise but also acted as a guard. However, at the time it was not lockable so did not fulfil the requirements of the regulations.

The investigation also found that the company did not have a written safe system of work, which would have identified the need to isolate the conveyor before attempting to clear debris, thus eliminating the risk.

Pontrilas Sawmills Ltd, of Hereford Sawmill, Pontrilas, pleaded guilty to breaching Regulation 3(1) of the Management of Health and Safety at work Regulations 1999 for failing to assess the risks associated with the conveyor belt, and Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 for failing to prevent access to its dangerous moving parts. District Judge Nigel Cadbury said the company had fallen substantially below expected standards and fined it a total of £40,000. The company was also ordered to pay costs of £17,756.

Speaking after the hearing HSE inspector Chris Gregory said:

"This incident could have had fatal consequences yet was easily preventable had Pontrilas Sawmills carried out an adequate risk assessment of their equipment and properly supervised their employees.

"Conveyors of this type are recognised in the industry as being high risk, which is why they are so heavily guarded. Devices are installed on machinery with dangerous moving parts to protect those who work with them. Companies have a legal duty of care to ensure they are fitted and working effectively at all times.

"Failure to protect employees and put in place safe systems of work puts workers at unnecessary risk and is simply not acceptable. HSE will not hesitate to take enforcement action in cases such as this."

Company sentenced following platform collapse

A Hertfordshire construction company has been sentenced for safety failings after a worker was seriously injured when a temporary platform collapsed at a landmark development in south London.

Noel Doyle, 32, from Hammersmith, suffered a shattered right elbow, broken vertebrae, fractured pelvis and ribs, and damage to internal organs in the incident at St George Wharf in Vauxhall on 10 February 2009.
He fell almost ten metres from a platform when it gave way, landing on a concrete staircase below.

J Reddington Ltd (JRL), of Borehamwood, which was responsible for the structure, was fined after an investigation by the Health and Safety Executive (HSE) identified a number of issues.

Southwark Crown Court heard that on the day of the fall Mr Doyle was helping two other JRL employees, one of whom was a foreman, to raise a temporary work platform inside a concrete shaft to house a stairwell within a building under construction, which was known as 'Block A'.

The platform was lifted from one floor to another by a crane using four lifting chains before being locked in place in the shaft to enable the next level to be constructed. It had been raised from the fourth to the fifth floor level when the crane operator was inadvertently instructed by the foreman to take the chains away while one of them was still attached. Because the platform was lifted by only one corner it disintegrated.

Of the three workers standing on the platform at the time, two managed to jump to safety but Mr Doyle was unable to do so. He fell into the shaft beneath with parts of the platform and equipment that had been stored on top raining down on him.

Mr Doyle required extensive treatment and physiotherapy, and has been left with limited movement in his right arm because of the elbow injury. He is no longer able to work in construction.

The HSE investigation identified that the incident was caused by the failure of the foreman, who was also acting as a banksman, to ensure that all the lifting chains had been properly disconnected from the platform before instructing the crane driver to take them away.

JRL failed to plan, manage and monitor construction work carried out under its control in a way that ensured that, so far as was reasonably practicable, it was carried out without risks to health and safety. The company also failed to manage the design, construction, maintenance and use of the temporary core platforms throughout Block A.

J Reddington Ltd, of Elstree Way, Borehamwood, Herts, was fined £70,000 and ordered to pay £22,193 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

After sentencing HSE Inspector Loraine Charles said:

"Noel sustained serious injuries as a result of a fall that was entirely preventable had work involving temporary platforms been better planned and managed by JRL.

"He fell a significant distance and could easily have been killed, as could his two colleagues who were with him on the platform."

Stonemason in court following death of four-year old boy

A stonemason has been fined for serious safety failings after part of a poorly-installed fireplace toppled onto and killed a four-year-old boy at his Northamptonshire home.

Kristian Childs, trading as KD Childs Stonework of Luton, had been sub-contracted to install stone fireplaces in new homes, including one in Coulthard Close, Towcester, which was subsequently bought by David and Gail Green.
They moved into the property with their son Matthew and older daughter Rachel in June 2003.

On 15 October 2005 the 47kg mantel from the fireplace came away from the wall without warning and fell on Matthew. He was airlifted to hospital but died of his injuries shortly afterwards.

A subsequent investigation by the Health and Safety Executive (HSE), which brought the prosecution, found that Mr Childs had secured the mantel with small patches of mortar rather than mechanical fixings.

Northampton Crown Court heard that Mr Childs was aware of the need to ensure fireplaces were properly secured after two others he had fitted at other properties were found to be insecure by the home owners.

Kristian Childs, 42, of Chestnut Avenue, Sundon Park, Luton, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £7,500 with £2,500 costs.

After the hearing Alan Craddock, Head of Operations for the HSE’s Midlands construction division said:

"This was a tragic incident that devastated a young family, made so much worse by the fact it could have been so easily prevented.

"Every stone used in a fireplace must have a mechanical fixing, such as a steel bracket and screws, to hold them together and against the wall. A few small patches of mortar are not acceptable because it cannot guarantee a secure bond.

"Mr Childs was well aware of the risks of falling fireplaces yet failed to take the correct steps to ensure the fireplace he fitted at Coulthard Close was safe, with appalling consequences."

Matthew’s mother, Gail Green, said:

"Losing Matthew was devastating. We miss him every day and will never truly recover from the events of that day. We urge anyone involved with the installation of fireplaces to learn from what happened to our precious son and take steps to ensure that they take the time and trouble to fit them properly. If they don’t then lives will continue to be put at risk and Matthew’s death will have been in vain."