Cornwall Council and building company fined for worker’s injuries
- Cornwall Council and the father and son partners of a local building company have been fined for breaking safety law after the son was seriously injured in a fall through a fragile roof.
Andrew Sobey, of Lewannick, near Launceston, broke his pelvis after plunging between three and five metres through a cow shed roof at Neydown Farm, Treskinnick Cross, Poundstock, near Bude, in August 2012.
The injured worker was prosecuted alongside his father Thomas Sobey for failing to ensure sufficient measures were in place to prevent the fall. Cornwall Council, who owned the farm, was also convicted following an investigation by the Health and Safety Executive (HSE).
Truro Magistrates today heard that three men, including Andrew Sobey, were replacing the roof of the cow shed. Andrew was also overseeing the work but he fell through an asbestos cement tiles onto the concrete floor below, narrowly avoiding some metal rails.
HSE’s investigation found that none of the workers employed for the job, or anyone else working for TL Sobey, the family firm, had any roofing qualifications.
There was also no risk assessment for the job, and no safety measures in place that could have reduced the risk or mitigated the effects of a fall. In addition, the workers – one just 17-years-old – were untrained and inexperienced in working at height.
The court was told that although the council was aware the roof was fragile and the work was a high risk activity, it contracted TL Sobey for the job, even though they were general builders and not a roofing specialist.
Cornwall Council was fined £6,000 and ordered to pay £7,698 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
Thomas Sobey, of Lower Trevell, Lewannick, near Launceston, was fined £6,000 with £7,782 costs after also pleading guilty to a separate breach of the same legislation.
Andrew Sobey, of the same address as his father, admitted a single breach of the Work at Height Regulations 2005. He was fined £2,000 and ordered to pay £3,000 costs.
HSE Inspector Helena Allum, speaking after the hearing, said:
“Andrew Sobey sustained serious injuries in a fall that he and his father could have prevented had they properly planned and assessed the roof work and put appropriate safety measures in place, such as a suitable work platform. They also failed to provide adequate training or supervision by qualified roofers for the job at hand.
“Cornwall Council, meanwhile, failed to check the suitability of the family contractors to do the job, even though it knew the roof was fragile and therefore high risk.
“Falls from height are the single biggest cause of workplace deaths, and there is no excuse for employers failing to protect workers as they work from roofs and the like.”
The injured worker was prosecuted alongside his father Thomas Sobey for failing to ensure sufficient measures were in place to prevent the fall. Cornwall Council, who owned the farm, was also convicted following an investigation by the Health and Safety Executive (HSE).
Truro Magistrates today heard that three men, including Andrew Sobey, were replacing the roof of the cow shed. Andrew was also overseeing the work but he fell through an asbestos cement tiles onto the concrete floor below, narrowly avoiding some metal rails.
HSE’s investigation found that none of the workers employed for the job, or anyone else working for TL Sobey, the family firm, had any roofing qualifications.
There was also no risk assessment for the job, and no safety measures in place that could have reduced the risk or mitigated the effects of a fall. In addition, the workers – one just 17-years-old – were untrained and inexperienced in working at height.
The court was told that although the council was aware the roof was fragile and the work was a high risk activity, it contracted TL Sobey for the job, even though they were general builders and not a roofing specialist.
Cornwall Council was fined £6,000 and ordered to pay £7,698 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
Thomas Sobey, of Lower Trevell, Lewannick, near Launceston, was fined £6,000 with £7,782 costs after also pleading guilty to a separate breach of the same legislation.
Andrew Sobey, of the same address as his father, admitted a single breach of the Work at Height Regulations 2005. He was fined £2,000 and ordered to pay £3,000 costs.
HSE Inspector Helena Allum, speaking after the hearing, said:
“Andrew Sobey sustained serious injuries in a fall that he and his father could have prevented had they properly planned and assessed the roof work and put appropriate safety measures in place, such as a suitable work platform. They also failed to provide adequate training or supervision by qualified roofers for the job at hand.
“Cornwall Council, meanwhile, failed to check the suitability of the family contractors to do the job, even though it knew the roof was fragile and therefore high risk.
“Falls from height are the single biggest cause of workplace deaths, and there is no excuse for employers failing to protect workers as they work from roofs and the like.”
Contractor in court after shopper felled by falling hoardings
- A building contractor has been fined after a woman suffered life-changing head injuries when she was hit by a section of fencing that collapsed in a gust of wind.
Thomas Vale Construction plc of Stourport, Worcestershire, was refurbishing part of the Birmingham Metropolitan College in Kidderminster, known as The Piano Building, when the incident happened on 15 May 2012.
The 56-year-old woman from Kidderminster, who does not wish to be named, was walking past the site when two sections of the hoarding blew over and collapsed on her, knocking her down and leaving her unconscious.
The woman suffered substantial head injuries, including severe concussion, a gash on the head and fluid and bruising on the brain. The injuries also affected her balance and senses of hearing, smell and taste. She spent 16 days in hospital and was unable to work for seven months.
The Health and Safety Executive (HSE) investigated and prosecuted Thomas Vale Construction after identifying a series of safety failings.
Kidderminster Magistrates’ Court heard that the woman’s injuries were sustained two weeks after another part of the perimeter fence had blown over in the wind. No one had been hurt on that occasion.
Magistrates were told Thomas Vale had put up solid fencing around the site to stop dust and debris from escaping. The firm discounted using concrete foundations for the fence as they said too many underground services would be disrupted and the fence needed to be moved at intervals for deliveries.
After the first incident which blew a section of fence out, Thomas Vale Construction didn’t seek expert advice on fixing the problem and left the securing and re-building of the fence to inexperienced workers without the correct training.
HSE found the company failed to recognise the potential vulnerability of the whole perimeter fence and only strengthened and stabilised the section that collapsed.
HSE said the project, given it was in a busy pedestrianised town centre, should have been subject to a thorough risk assessment, and a competent design to ensure it did not collapse as the results could have been ‘forseeably catastrophic’.
Thomas Vale Construction plc of Worcester Road, Stourport, pleaded guilty to a breach of Regulation 28(1) of the Construction (Design and Management) Regulations 2007 and was fined £20,000 and ordered to pay costs of £10,250.
Speaking after the hearing, HSE inspector Jo Anderson said:
“Thomas Vale Construction had a duty to its workforce and to members of the public to ensure the hoarding around the site was safe.
“This fencing was constructed using guesswork. The company failed to seek expert advice in order to ensure the hoarding was designed correctly and did not consider the substantial force which strong wind can impart on solid hoardings.
“This woman, who had parked and was on her way to the shops, suffered life-changing head injuries in what was a preventable incident. Without doubt, though, we could easily have been dealing with a fatal incident.”
The 56-year-old woman from Kidderminster, who does not wish to be named, was walking past the site when two sections of the hoarding blew over and collapsed on her, knocking her down and leaving her unconscious.
The woman suffered substantial head injuries, including severe concussion, a gash on the head and fluid and bruising on the brain. The injuries also affected her balance and senses of hearing, smell and taste. She spent 16 days in hospital and was unable to work for seven months.
The Health and Safety Executive (HSE) investigated and prosecuted Thomas Vale Construction after identifying a series of safety failings.
Kidderminster Magistrates’ Court heard that the woman’s injuries were sustained two weeks after another part of the perimeter fence had blown over in the wind. No one had been hurt on that occasion.
Magistrates were told Thomas Vale had put up solid fencing around the site to stop dust and debris from escaping. The firm discounted using concrete foundations for the fence as they said too many underground services would be disrupted and the fence needed to be moved at intervals for deliveries.
After the first incident which blew a section of fence out, Thomas Vale Construction didn’t seek expert advice on fixing the problem and left the securing and re-building of the fence to inexperienced workers without the correct training.
HSE found the company failed to recognise the potential vulnerability of the whole perimeter fence and only strengthened and stabilised the section that collapsed.
HSE said the project, given it was in a busy pedestrianised town centre, should have been subject to a thorough risk assessment, and a competent design to ensure it did not collapse as the results could have been ‘forseeably catastrophic’.
Thomas Vale Construction plc of Worcester Road, Stourport, pleaded guilty to a breach of Regulation 28(1) of the Construction (Design and Management) Regulations 2007 and was fined £20,000 and ordered to pay costs of £10,250.
Speaking after the hearing, HSE inspector Jo Anderson said:
“Thomas Vale Construction had a duty to its workforce and to members of the public to ensure the hoarding around the site was safe.
“This fencing was constructed using guesswork. The company failed to seek expert advice in order to ensure the hoarding was designed correctly and did not consider the substantial force which strong wind can impart on solid hoardings.
“This woman, who had parked and was on her way to the shops, suffered life-changing head injuries in what was a preventable incident. Without doubt, though, we could easily have been dealing with a fatal incident.”
Waste firm prosecuted after worker severs fingers in machinery
- Biffa Waste Services Ltd has been fined for safety breaches after a Derby agency worker lost the tips of two fingers in unguarded machinery.
The 28-year-old man was trying to remove tape that had become wrapped around the external chain drive of a sorting machine at the firm’s site in Victory Road, Victoria Park, Trafalgar Way, when the incident happened on 4 February 2013.
Derby Magistrates’ Court heard the glove he was wearing became entangled on the moving chains which severed the tips of his little and ring fingers on his right hand.
A Health and Safety Executive (HSE) investigation found the machine had been fitted with the external chain drive following a breakdown and brought back into use without it being adequately guarded. After it was fitted, the machine got blocked more often and workers had not received adequate training in the safe isolation of the drive.
Biffa Waste Services Ltd, of Coronation Road, Cressex, High Wycombe, was fined a total of £20,000 and ordered to pay costs of £1,542 after admitting two counts of breaching the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE inspector Edward Walker said:
“The company was fully aware of the requirement for the chains to be guarded and had made arrangements for guards to be added later that week, yet still allowed the machine to be used before that happened.
“As a result, a man suffered a painful injury that could have been prevented.”
Derby Magistrates’ Court heard the glove he was wearing became entangled on the moving chains which severed the tips of his little and ring fingers on his right hand.
A Health and Safety Executive (HSE) investigation found the machine had been fitted with the external chain drive following a breakdown and brought back into use without it being adequately guarded. After it was fitted, the machine got blocked more often and workers had not received adequate training in the safe isolation of the drive.
Biffa Waste Services Ltd, of Coronation Road, Cressex, High Wycombe, was fined a total of £20,000 and ordered to pay costs of £1,542 after admitting two counts of breaching the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE inspector Edward Walker said:
“The company was fully aware of the requirement for the chains to be guarded and had made arrangements for guards to be added later that week, yet still allowed the machine to be used before that happened.
“As a result, a man suffered a painful injury that could have been prevented.”
Lancashire recycling firm fined over worker’s injuries
- A young worker almost lost his arm when it became trapped in machinery at a recycling plant in Lancashire, a court has heard.
The 20-year-old employee, from Bolton-by-Bowland in Lancashire, broke his right arm in several places in the incident at Environmental Waste Recycling Ltd in Kelbrook on 7 August 2013.
The company was prosecuted by the Health and Safety Executive (HSE) after an investigation found essential guards were missing from the machine and the firm had failed to assess the risks facing workers.
Preston Crown Court heard the employee had been working on a line which included a heavy-duty conveyor belt used to sort builders’ waste and recyclable materials from skips delivered to the Eden Works plant.
After returning from his lunch break, he switched the power to the machine back on. He then walked through an 80cm-wide gap by the side of the machine when his arm was caught by the roller under the conveyor belt and dragged in.
He called for help and one of his colleagues turned off the electrical supply but it took the emergency services 90 minutes to free him.
The employee was flown by air ambulance to Preston Royal Hospital where surgeons carried out extensive surgery to save his arm, which was badly broken and had lost a considerable amount of muscle tissue. He remained in hospital for almost a month. He has so far been unable to return to work.
The court was told the Environmental Waste Recycling had hired a health and safety consultant to carry out inspections of the site in November 2008 and June 2010. On both occasions, he produced reports highlighting the missing guards but the company failed to take any action.
Environmental Waste Recycling Ltd, of Colne Road in Kelbrook, was fined £46,000 and ordered to pay £3,671.30 in prosecution costs after pleading guilty to single breaches of the Provision and Use of Work Equipment Regulations 1998 and the Management of Health and Safety at Work Regulations 1999.
Speaking after the hearing, HSE Inspector Stuart Kitchingman said:
“The injuries suffered by this young worker have had a massive impact on his life, and he still requires hospital treatment. He has been unable to return to work and relies on his parents and family for support.
“It’s shocking that Environmental Waste Recycling was first made aware of the missing guards by its own health and safety consultant nearly five years before the incident but it failed to act on this, even when the issue was highlighted again in 2010.
“The firm should have carried out a proper assessment of the risks facing workers, and fitted guards to prevent access to the rollers on the conveyor belt. Instead, it waited for an employee to be seriously injured before taking any action.”
The company was prosecuted by the Health and Safety Executive (HSE) after an investigation found essential guards were missing from the machine and the firm had failed to assess the risks facing workers.
Preston Crown Court heard the employee had been working on a line which included a heavy-duty conveyor belt used to sort builders’ waste and recyclable materials from skips delivered to the Eden Works plant.
After returning from his lunch break, he switched the power to the machine back on. He then walked through an 80cm-wide gap by the side of the machine when his arm was caught by the roller under the conveyor belt and dragged in.
He called for help and one of his colleagues turned off the electrical supply but it took the emergency services 90 minutes to free him.
The employee was flown by air ambulance to Preston Royal Hospital where surgeons carried out extensive surgery to save his arm, which was badly broken and had lost a considerable amount of muscle tissue. He remained in hospital for almost a month. He has so far been unable to return to work.
The court was told the Environmental Waste Recycling had hired a health and safety consultant to carry out inspections of the site in November 2008 and June 2010. On both occasions, he produced reports highlighting the missing guards but the company failed to take any action.
Environmental Waste Recycling Ltd, of Colne Road in Kelbrook, was fined £46,000 and ordered to pay £3,671.30 in prosecution costs after pleading guilty to single breaches of the Provision and Use of Work Equipment Regulations 1998 and the Management of Health and Safety at Work Regulations 1999.
Speaking after the hearing, HSE Inspector Stuart Kitchingman said:
“The injuries suffered by this young worker have had a massive impact on his life, and he still requires hospital treatment. He has been unable to return to work and relies on his parents and family for support.
“It’s shocking that Environmental Waste Recycling was first made aware of the missing guards by its own health and safety consultant nearly five years before the incident but it failed to act on this, even when the issue was highlighted again in 2010.
“The firm should have carried out a proper assessment of the risks facing workers, and fitted guards to prevent access to the rollers on the conveyor belt. Instead, it waited for an employee to be seriously injured before taking any action.”
Developer in court for breaking asbestos safety code
- A Bristol property developer has been fined after it exposed employees to asbestos while working on a former Marks and Spencer shop building.
At least three employees of Da Vinci Developments Limited are known to have been exposed to potentially deadly asbestos fibres while working on the former M&S building on Queen Street, Bridgwater, between 17 September and 24 October 2012.
Taunton Magistrates’ Court heard that Da Vinci Developments Limited failed to plan for the potential presence of asbestos insulation board (AIB) before developing the property.
The Health and Safety Executive (HSE) was alerted when they were notified by a non-licensed asbestos removal company, which had been asked to quote for the removal works. The firm was aware any such work had to be carried out by a licensed asbestos removal contractor.
An investigation by HSE found Da Vinci Developments Limited did not carry out a statutory survey to check for the presence of asbestos materials prior to starting the work. Instead, for several weeks, workers were demolishing walls and ceilings in the building, breaking up the asbestos insulation board.
Employees were exposed to large amounts of airborne asbestos fibres, which spread through the inside and outside of the building during the work. The AIB removal should have been undertaken by a licensed contractor taking suitable control measures to prevent exposure and spread of the asbestos fibres.
Da Vinci Developments Limited of Archfield Road, Cotham, Bristol, pleaded guilty to two breaches of the Control of Asbestos Regulations 2012 and were fined £9,800 and ordered to pay £796 in costs.
Speaking after the hearing, HSE inspector James Lucas said:
“It is very important that employers take appropriate measures before work starts in order to identify the potential for asbestos to be present when undertaking work. “Appropriate measures can then be taken to ensure workers are not exposed and asbestos is not spread.
“Workers who have been exposed to asbestos could also have posed a health risk to others in the long term, even their families and loved ones, by taking home contaminated clothing.
“Asbestos is the single greatest cause of work-related deaths in the UK. Building owners and contractors have a duty to ensure they protect their workers from risk of exposure. Da Vinci Developments Limited neglected their duty by failing to plan for the dangers of this hidden killer.”
Taunton Magistrates’ Court heard that Da Vinci Developments Limited failed to plan for the potential presence of asbestos insulation board (AIB) before developing the property.
The Health and Safety Executive (HSE) was alerted when they were notified by a non-licensed asbestos removal company, which had been asked to quote for the removal works. The firm was aware any such work had to be carried out by a licensed asbestos removal contractor.
An investigation by HSE found Da Vinci Developments Limited did not carry out a statutory survey to check for the presence of asbestos materials prior to starting the work. Instead, for several weeks, workers were demolishing walls and ceilings in the building, breaking up the asbestos insulation board.
Employees were exposed to large amounts of airborne asbestos fibres, which spread through the inside and outside of the building during the work. The AIB removal should have been undertaken by a licensed contractor taking suitable control measures to prevent exposure and spread of the asbestos fibres.
Da Vinci Developments Limited of Archfield Road, Cotham, Bristol, pleaded guilty to two breaches of the Control of Asbestos Regulations 2012 and were fined £9,800 and ordered to pay £796 in costs.
Speaking after the hearing, HSE inspector James Lucas said:
“It is very important that employers take appropriate measures before work starts in order to identify the potential for asbestos to be present when undertaking work. “Appropriate measures can then be taken to ensure workers are not exposed and asbestos is not spread.
“Workers who have been exposed to asbestos could also have posed a health risk to others in the long term, even their families and loved ones, by taking home contaminated clothing.
“Asbestos is the single greatest cause of work-related deaths in the UK. Building owners and contractors have a duty to ensure they protect their workers from risk of exposure. Da Vinci Developments Limited neglected their duty by failing to plan for the dangers of this hidden killer.”
Portsmouth company in court over asbestos exposure dangers
- A Portsmouth demolition firm faced criminal charges in court after stripping more than 50 metres of potentially-deadly asbestos board without a license and potentially putting workers at risk.
James Site Services Ltd, of Cosham, was prosecuted by the Health and Safety Executive (HSE) after Inspectors carried out a routine visit to a small site under development in Fareham, Hampshire.
Portsmouth Magistrates’ Court was told the company, which specialises in site preparation, had been hired to undertake a ‘soft strip’ and other preparatory tasks before construction work started.
HSE discovered the firm had illegally removed 54 metres of asbestos insulation board from a bungalow that was due to be refurbished despite it not holding a licence to remove asbestos containing materials (ACMs).
The HSE investigation found James Site Services had correctly commissioned a survey to identify the presence of ACMs, which advised it to seek a licensed contractor. HSE said the firm chose to ignore the findings and carried out the work themselves – possibly exposing their workers to the dangerous fibres.
James Site Services Ltd, of Spur Road, Cosham, Hampshire, was fined a total of £500 with £1,000 in costs after pleading guilty to a breach of the Control of Asbestos Regulations 2012.
After the hearing, HSE Inspector Dominic Goacher said:
“This was a serious failing on the part of the company. Having received the survey they asked for, it looks as though no one at James Site Services bothered to read it. Of, if they did, they disregarded its contents and failed to act to protect workers from possible exposure to one of the deadly killers in industry.
“HSE operates a highly-regulated license regime in order to ensure work with asbestos is carried out safely by a skilled, competent workforce. By taking the work on, James Site Services not only put their workers at risk but also gained an unfair financial advantage over those contractors subject to this regime and who invest considerable time and money to achieve licensed status.
“It is vital companies are fully aware of not just the duty to get an asbestos survey done, but then to act on its findings. There is considerable free guidance from HSE to help.”
Portsmouth Magistrates’ Court was told the company, which specialises in site preparation, had been hired to undertake a ‘soft strip’ and other preparatory tasks before construction work started.
HSE discovered the firm had illegally removed 54 metres of asbestos insulation board from a bungalow that was due to be refurbished despite it not holding a licence to remove asbestos containing materials (ACMs).
The HSE investigation found James Site Services had correctly commissioned a survey to identify the presence of ACMs, which advised it to seek a licensed contractor. HSE said the firm chose to ignore the findings and carried out the work themselves – possibly exposing their workers to the dangerous fibres.
James Site Services Ltd, of Spur Road, Cosham, Hampshire, was fined a total of £500 with £1,000 in costs after pleading guilty to a breach of the Control of Asbestos Regulations 2012.
After the hearing, HSE Inspector Dominic Goacher said:
“This was a serious failing on the part of the company. Having received the survey they asked for, it looks as though no one at James Site Services bothered to read it. Of, if they did, they disregarded its contents and failed to act to protect workers from possible exposure to one of the deadly killers in industry.
“HSE operates a highly-regulated license regime in order to ensure work with asbestos is carried out safely by a skilled, competent workforce. By taking the work on, James Site Services not only put their workers at risk but also gained an unfair financial advantage over those contractors subject to this regime and who invest considerable time and money to achieve licensed status.
“It is vital companies are fully aware of not just the duty to get an asbestos survey done, but then to act on its findings. There is considerable free guidance from HSE to help.”
Company in court after apprentice loses finger
- A Northumberland company has been fined after a worker’s left hand was crushed in machinery leading to the amputation of one of his fingers.
The Bedlington man, who was 18 at the time, was a third year apprentice with Miller UK Ltd when the incident occurred at its Cramlington premises on 12 March 2013.
Bedlington Magistrates’ Court heard that he was working on a large guillotine cutting a piece of metal, which was held in place between the blade and cutting table by mechanical clamps.
As the apprentice loaded a piece of metal into the machine, his left hand came into contact with the clamps in front of the blade trapping it. He suffered crush injuries to his hand leading to the amputation of his index finger below the second joint. His second finger was also broken.
He was in hospital for three days and remained off work for six months. He suffered post-traumatic stress syndrome and continues to suffer discomfort and fatigue in his hand. An investigation by the Health and Safety Executive (HSE) found the safety guard fitted on the machine was ineffective in its design and had been poorly maintained so was not working correctly.
Miller UK Ltd had also failed to carry out a sufficient assessment of the risks associated with the work and the fault had not been reported.
Miller UK Ltd, of Bassington Industrial Estate, Bassington Lane, Cramlington, was fined £8,000 and ordered to pay £894.95 costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
After the case, HSE Inspector Laura Catterall said:
“This young man is now living with a permanent impairment but his injuries could have easily been avoided had Miller UK Ltd adequately assessed the risks, which would have spotted that the guard was not effective.
“This failing was compounded by poor maintenance and a breakdown in the fault reporting system – which together led to one of its workers suffering severe injuries.
“Guards and safety systems are there for a reason and companies have a legal duty of care to ensure they are properly fitted and working effectively at all times.”
Bedlington Magistrates’ Court heard that he was working on a large guillotine cutting a piece of metal, which was held in place between the blade and cutting table by mechanical clamps.
As the apprentice loaded a piece of metal into the machine, his left hand came into contact with the clamps in front of the blade trapping it. He suffered crush injuries to his hand leading to the amputation of his index finger below the second joint. His second finger was also broken.
He was in hospital for three days and remained off work for six months. He suffered post-traumatic stress syndrome and continues to suffer discomfort and fatigue in his hand. An investigation by the Health and Safety Executive (HSE) found the safety guard fitted on the machine was ineffective in its design and had been poorly maintained so was not working correctly.
Miller UK Ltd had also failed to carry out a sufficient assessment of the risks associated with the work and the fault had not been reported.
Miller UK Ltd, of Bassington Industrial Estate, Bassington Lane, Cramlington, was fined £8,000 and ordered to pay £894.95 costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
After the case, HSE Inspector Laura Catterall said:
“This young man is now living with a permanent impairment but his injuries could have easily been avoided had Miller UK Ltd adequately assessed the risks, which would have spotted that the guard was not effective.
“This failing was compounded by poor maintenance and a breakdown in the fault reporting system – which together led to one of its workers suffering severe injuries.
“Guards and safety systems are there for a reason and companies have a legal duty of care to ensure they are properly fitted and working effectively at all times.”
Packaging company fined after worker’s leg injury
- An Essex-based manufacturing company has been sentenced for safety failings after a forklift truck reversed into a delivery driver’s lower leg, fracturing his ankle.
The 44-year-old Witham man was struck by the truck as he stepped from the rear of his lorry after helping the forklift operator to reach a pallet from inside the vehicle at LP Foreman & Sons Ltd in Chelmsford on 19 August 2013.
The worker, who does not wish to be named, suffered a serious fracture of his left ankle, severe damage to tendons and a large fracture blister which covered his lower leg. He returned on light duties in November 2013 and was able to resume as a driver in January this year.
The incident was investigated by the Health and Safety Executive (HSE), which prosecuted LP Foreman & Sons Ltd at Chelmsford Magistrates’ Court.
The court heard it had become common practice for van drivers to instruct forklift truck operators where to place loads within their vehicles for ease of delivery. HSE found that even though this brought drivers directly into the area of the yard where forklift trucks were operating, no effective procedures had been established or training provided to ensure that workers on foot and moving vehicles were kept safely apart.
LP Foreman & Sons Ltd of Farrow Road, Widford Industrial Estate, Chelmsford, was fined a total of £7,000 and ordered to pay costs of £621 after pleading guilty to breaching Regulation 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 and Section 2(1) of the Health and Safety at Work etc Act 1974 .
After the case, HSE Inspector Paul Grover, said:
“This was an entirely preventable injury caused by LP Foreman & Sons’ failure to recognise the hazards arising from loading operations at their premises.
“Our investigation found that there was an absence of effective systems of control which were sufficiently robust to allow workplace transport and pedestrians to circulate the site in safety.
“It had become regular practice for delivery drivers to take up positions where forklift trucks were loading or unloading and this unsafe practice has led to a serious injury.”
The worker, who does not wish to be named, suffered a serious fracture of his left ankle, severe damage to tendons and a large fracture blister which covered his lower leg. He returned on light duties in November 2013 and was able to resume as a driver in January this year.
The incident was investigated by the Health and Safety Executive (HSE), which prosecuted LP Foreman & Sons Ltd at Chelmsford Magistrates’ Court.
The court heard it had become common practice for van drivers to instruct forklift truck operators where to place loads within their vehicles for ease of delivery. HSE found that even though this brought drivers directly into the area of the yard where forklift trucks were operating, no effective procedures had been established or training provided to ensure that workers on foot and moving vehicles were kept safely apart.
LP Foreman & Sons Ltd of Farrow Road, Widford Industrial Estate, Chelmsford, was fined a total of £7,000 and ordered to pay costs of £621 after pleading guilty to breaching Regulation 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 and Section 2(1) of the Health and Safety at Work etc Act 1974 .
After the case, HSE Inspector Paul Grover, said:
“This was an entirely preventable injury caused by LP Foreman & Sons’ failure to recognise the hazards arising from loading operations at their premises.
“Our investigation found that there was an absence of effective systems of control which were sufficiently robust to allow workplace transport and pedestrians to circulate the site in safety.
“It had become regular practice for delivery drivers to take up positions where forklift trucks were loading or unloading and this unsafe practice has led to a serious injury.”
Staff exposed to danger by East Yorkshire company
- A Hull-based company, which operates worldwide, has been prosecuted for neglecting the safety of its staff after an agency worker had an arm crushed when it was dragged into a machine.
Jamie Rignall, 30, from Bilton, suffered crush injuries to his right hand and arm in the incident at the Marfleet Avenue factory of J H Fenner & Co Ltd., which trades as Fenner Dunlop Europe, a leading manufacturer of industrial conveyor belts.
The Health and Safety Executive (HSE) investigated and prosecuted the company for serious safety breaches after identifying a lack of, or insufficient, guarding on a number of machines, exposing workers to dangerous moving parts.
Hull Magistrates heard that Mr Rignall had worked at the factory for just four months prior to the incident and that it was his first job in the manufacturing sector, having come from an office-based background.
On 27 September 2012, he was on a production line and was using his gloved hand to smooth down a rubber and fabric web that was feeding into a winding machine, a regular activity. However, his hand and then arm were drawn into an in-running nip of the wind-up roller and became trapped.
He managed to reach a safety bar to stop the winder and was freed by colleagues before being rushed to hospital. He has since needed three operations to remove swelling in his arm and skin grafts to repair the damage.
HSE’s investigation found there were no fixed or interlocked guards, light curtains, pressure mats or trip wires provided on the machine to prevent workers accessing dangerous parts. Although J H Fenner & Co Ltd had carried out risk assessments and provided safe working codes, it had not identified the risks of being drawn into the winding mechanisms or provided guidance on when or not to wear gloves.
During the investigation, HSE also witnessed similar hazards when they saw workers on another machine which had no safety measures protecting them from the hazards of the in-running nip.
J H Fenner & Co Ltd., of Hesslewood Country Office Park, Ferriby Road, Hessle, Hull, was fined a total of £7,500 and ordered to pay £958 in costs after admitting two breaches of the Provision and Use of Work Equipment Regulations 1998.
After the hearing, HSE Inspector Mark Welsh said:
“If Mr Rignall had not managed to operate the safety bar, and he was working alone at the time, his injuries may have been even more serious.
“Had J H Fenner taken the time to provide adequate guarding on the machine and acted on this defect, then the incident would never have occurred. Even after it happened, the company failed to take any action for over four months to safeguard their other employees from dangers on the machine.
“They had also failed to review the risks from other parts of the production line, which we witnessed first-hand during our investigation.”
The Health and Safety Executive (HSE) investigated and prosecuted the company for serious safety breaches after identifying a lack of, or insufficient, guarding on a number of machines, exposing workers to dangerous moving parts.
Hull Magistrates heard that Mr Rignall had worked at the factory for just four months prior to the incident and that it was his first job in the manufacturing sector, having come from an office-based background.
On 27 September 2012, he was on a production line and was using his gloved hand to smooth down a rubber and fabric web that was feeding into a winding machine, a regular activity. However, his hand and then arm were drawn into an in-running nip of the wind-up roller and became trapped.
He managed to reach a safety bar to stop the winder and was freed by colleagues before being rushed to hospital. He has since needed three operations to remove swelling in his arm and skin grafts to repair the damage.
HSE’s investigation found there were no fixed or interlocked guards, light curtains, pressure mats or trip wires provided on the machine to prevent workers accessing dangerous parts. Although J H Fenner & Co Ltd had carried out risk assessments and provided safe working codes, it had not identified the risks of being drawn into the winding mechanisms or provided guidance on when or not to wear gloves.
During the investigation, HSE also witnessed similar hazards when they saw workers on another machine which had no safety measures protecting them from the hazards of the in-running nip.
J H Fenner & Co Ltd., of Hesslewood Country Office Park, Ferriby Road, Hessle, Hull, was fined a total of £7,500 and ordered to pay £958 in costs after admitting two breaches of the Provision and Use of Work Equipment Regulations 1998.
After the hearing, HSE Inspector Mark Welsh said:
“If Mr Rignall had not managed to operate the safety bar, and he was working alone at the time, his injuries may have been even more serious.
“Had J H Fenner taken the time to provide adequate guarding on the machine and acted on this defect, then the incident would never have occurred. Even after it happened, the company failed to take any action for over four months to safeguard their other employees from dangers on the machine.
“They had also failed to review the risks from other parts of the production line, which we witnessed first-hand during our investigation.”
Cylinder firm fined after worker loses lower leg in explosion
- A worker filling gas cylinders had his leg severed below the knee when a faulty cylinder he was filling exploded at Guardian Gas Ltd, Brynmenyn Industrial Estate, Bridgend.
Andrew Wright, 43, from Sketty, near Swansea, was filling the cylinder with nitrogen and carbon dioxide when the explosion happened on 29 March 2010. He subsequently had his leg amputated above the knee and has been unable to return to work since.
The incident was investigated by the Health and Safety Executive (HSE), which prosecuted Gaspack Services Ltd at Cardiff Crown Court.
The court heard that Mr Wright had filled the cylinder for use in the drink’s industry to 230 bar pressure and was disconnecting the filling hose when the explosion happened.
HSE’s investigation found the failed cylinder was one of a batch of cylinders which Guardian Gas had sent to Gaspack, a certified cylinder inspection body, for inspection, testing and certification to prove their safety for a further 10 years. The cylinders had been returned to Guardian Gas certified as safe to use.
Gaspack’s inspection should have included internal shot blasting to remove corrosion, a thorough internal check to look for cracks or flaws and a hydro test to 345 bar pressure.
HSE found that only the bottom 2/3 of the cylinder had been shot blasted and the rest of the surface was covered in rust. An examination showed the explosion was due to a large crack near the top of the cylinder.
Other cylinders from the same batch had also not been shot blasted near the top 1/3. The layer of rust found in these cylinders would have rendered any internal inspection looking for flaws or cracks meaningless, since they would be concealed by the rust.
An examination of the arrangements at Gaspack also revealed shortcomings in procedures, information, records, competency, supervision and monitoring.
Gaspack Services Ltd of Gellihirion Industrial Estate, Pontypridd, pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work Act 1974 and was fined £30,000 and ordered to pay £60,000 in costs.
HSE Inspector Alan Strawbridge, speaking after the hearing, said:
“Gaspack’s failure to properly inspect the cylinders meant a critical flaw went undetected. This cylinder later exploded causing Mr Wright’s severe injuries, which could easily have claimed his life.
“A full cylinder contains a large amount of explosive energy which is why cylinders are subject to a regime of inspection and testing to ensure their safety.
“Any cylinder inspection body must ensure accurate procedures are in place, employees have access to information and instructions to help them do the job properly and a system of training, supervision, monitoring and auditing is rigorously enforced.
“People using gas cylinders are almost entirely reliant on the inspection body carrying out their duties thoroughly. Gaspack had failed in its duty to ensure that the public were not put at risk because of the poor quality of its inspections.”
The incident was investigated by the Health and Safety Executive (HSE), which prosecuted Gaspack Services Ltd at Cardiff Crown Court.
The court heard that Mr Wright had filled the cylinder for use in the drink’s industry to 230 bar pressure and was disconnecting the filling hose when the explosion happened.
HSE’s investigation found the failed cylinder was one of a batch of cylinders which Guardian Gas had sent to Gaspack, a certified cylinder inspection body, for inspection, testing and certification to prove their safety for a further 10 years. The cylinders had been returned to Guardian Gas certified as safe to use.
Gaspack’s inspection should have included internal shot blasting to remove corrosion, a thorough internal check to look for cracks or flaws and a hydro test to 345 bar pressure.
HSE found that only the bottom 2/3 of the cylinder had been shot blasted and the rest of the surface was covered in rust. An examination showed the explosion was due to a large crack near the top of the cylinder.
Other cylinders from the same batch had also not been shot blasted near the top 1/3. The layer of rust found in these cylinders would have rendered any internal inspection looking for flaws or cracks meaningless, since they would be concealed by the rust.
An examination of the arrangements at Gaspack also revealed shortcomings in procedures, information, records, competency, supervision and monitoring.
Gaspack Services Ltd of Gellihirion Industrial Estate, Pontypridd, pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work Act 1974 and was fined £30,000 and ordered to pay £60,000 in costs.
HSE Inspector Alan Strawbridge, speaking after the hearing, said:
“Gaspack’s failure to properly inspect the cylinders meant a critical flaw went undetected. This cylinder later exploded causing Mr Wright’s severe injuries, which could easily have claimed his life.
“A full cylinder contains a large amount of explosive energy which is why cylinders are subject to a regime of inspection and testing to ensure their safety.
“Any cylinder inspection body must ensure accurate procedures are in place, employees have access to information and instructions to help them do the job properly and a system of training, supervision, monitoring and auditing is rigorously enforced.
“People using gas cylinders are almost entirely reliant on the inspection body carrying out their duties thoroughly. Gaspack had failed in its duty to ensure that the public were not put at risk because of the poor quality of its inspections.”
