Welcome to our new feature:

RHSS Consultants out and about…snapping interesting sights from their weekly travels.

This week, Rob noticed this rubbish storage facility on a construction site!

 

 

Health and Safety in the news this week

New sentencing guidelines

The new sentencing guidelines for health & safety offences are in force from 1 February 2016.  They were intended to increase the level of fines, particularly for larger organisations.  However, unintended consequences of the way punishments are now calculated mean that judges will be forced to hand out very much greater fines than expected and send many more directors, managers and junior employees to jail for breaching health & safety laws.

The Four Inflations

For most health and safety breaches, the criminal law laid down by Parliament does not set an upper limit to the size of the fine, so it is left to judges and magistrates in Court to decide how the fine should ‘fit the crime’.  To help the Court set a fair, transparent and consistent tariff, the eminent judges and lawyers on the Sentencing Council have created a set of guidelines now coming into force.

Close inspection of the new sentencing guidelines shows that four inflationary factors are going to increase radically the level of fines, yet only one of these factors was intended.  Similarly, the threshold for imprisonment will be reached very much more easily than before.  Let’s look briefly at the four inflationary factors:

First Inflation

The sentencing guidelines introduce a structured approach that the court must follow.  This involves plugging ‘culpability’, ‘likelihood’ and ‘harm’ factors into a series of tables to reach recommended starting point fines, as well as ranges of fines above and below the starting points.  Similarly for imprisonment of individuals, the tables stipulate ranges of prison sentences above and below various starting points.

These tables were calculated by reviewing past sentences and then, particularly for larger companies, increasing the levels of fines.  This first inflation was intended.  It was designed to accommodate the Court of Appeal’s repeated view that health and safety fines have generally been too low and need to be increased sufficiently to send a message to directors and shareholders.  Indeed, the Court of Appeal envisages fines exceeding £100 million for the worst health and safety breaches by the largest companies.

But the Court of Appeal has not recommended massive increases across the board, even for less serious offences by smaller companies and by individuals.  Yet this will be the effect of the next three inflations.

Second Inflation

The sentencing guidelines switch from a mainly outcome based approach (what was the seriousness of the injury) to a risk based approach (how serious was the harm that was risked).  There are justifiable reasons for this switch but its inflationary effect on sentences was not factored into the calculations.  How does this second inflation work?

Suppose an object falls from a crane and crushes someone’s toes.  Traditionally, that would be prosecuted and sentenced very much more leniently than if the same object had hit someone’s head and caused a fatality.  Under the new risk based approach, the toe injury is seen as having involved a high risk of death or disability and is plugged into the computation at the level calculated for a fatality.

The majority of non-fatal incidents could have been more serious, so these will be inflated up to the level of fine corresponding to that more serious injury.

Third Inflation

If the offence exposed not just one but a number of people to the risk of harm, the Court is directed to ramp the punishment up to the next level.  As a seasoned health and safety defence lawyer, I struggle to think of a case where the breach only exposed one person to a risk of harm.  For example, if other people could have been hit by the object falling from the crane, this third inflation will apply.

Fourth Inflation

Finally, if there was actual harm (unless more minor than could be expected), the Court is also directed to ramp the punishment up to the next level.  Since most prosecutions arise after someone has been injured, this fourth inflation will almost always apply.

Summary

The combined effect of these last three unintended inflations will mean that criminal sentences will tend to converge at the higher end of a scale that has already been substantially increased by the first intended inflation.  The Court is given some discretion but not enough to depart materially from the stipulated calculations.

For example, it is going to be difficult for an individual convicted offender to escape a jail sentence if he or she was aware of a risk of being in breach, nobody suffered an injury but several people were exposed to a ‘medium’ likelihood of death or disability.  This is a very significant reduction in the threshold for imprisonment for health and safety offences. 

It has never been more important to bring the importance of health and safety to the attention of board members and senior executives.

Source: www.shponline.co.uk

 

HSE prosecution round up:

Major construction firm fined £1million after death of worker

Construction firm Balfour Beatty has been fined after a worker lost his life whilst repairing a central reservation barrier damaged in a road traffic collision.

Canterbury Crown Court heard how, on 1 October 2012, a team was sent out by Balfour Beatty Civil Engineering Limited, a subsidiary of Balfour Beatty PLC, to install temporary traffic management in order to repair barriers on the A2 at the location of a collision site.

The crew were trying to remove the footings of a post that had snapped off using a lorry mounted crane. The lorry mounted crane slipped from the concrete footing, and swung back towards the barrier, hitting the worker on the head. Larry Newman, aged 37, sustained severe head injuries and was pronounced dead at the scene.

Balfour Beatty Civil Engineering Limited, of Churchill Place, Canary Wharf, London, was fined a total of £1million, and ordered to pay £14,977 in costs after pleading guilty to offences under Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974.

After the hearing, HSE inspector Andrew Cousins said: “This was an entirely preventable incident that could have been averted by simply creating and implementing a safe system of work. If a suitably sized excavator had been used to remove the footing mechanically it would have prevented this tragic loss of life completely.

“Employers have a responsibility to create safe systems of work for hazardous activities that their workers may be undertaking. The workers should be trained in safe systems of working and adequately supervised. Safety needs to be proactively managed and not just left to chance”. 

Firm fined for safety failings after worker fell four metres from scaffolding

A scaffolding company has been fined after a worker fell over four metres suffering severe injuries.

Colchester Magistrates’ Court heard how a 39 year old worker fell from the second lift of a scaffold while it was being dismantled. Mr Hemphill (39 years old) fell approximately 5m before striking the ground.  Mr Hemphill collided with the scaffolding twice before finally hitting the ground below.

He sustained nine broken ribs, a punctured lung, fractured skull and a fractured spleen. He spent five days in hospital and at the time of the accident was expected to have at least 3 to 4 months off work.

An investigation by the HSE into the incident which occurred on 23 February 2015 found that there were no guard rails on the area from where Mr Hemphill was working and he was not provided with a harness and lanyard to clip on with. As a result there was nothing to stop him from falling.

SP Scaffolding (East Anglia) Limited of Gosbecks Road, Colchester, Essex pleaded guilty to breaching Work at height Regulations 2005, regulation 6(3) and were fined £8,000 with costs of £3,003. 

Worker killed whilst assisting a reversing lorry

A company has been fined for safety failings after the death of an employee.

Mold Crown Court heard how Philip Ledward, aged 62, an employee of Arkenfield Stable Hire Limited (ASHL), was assisting one of the company’s lorry drivers when he was struck by a passing car and received fatal injuries.

An investigation by the HSE into the incident, which occurred in November 2011, at Boundary Garage, Ellesmere Road, Bronington, found that there was no safe system of work in place for controlling risks from workplace transport.

Arkenfield Stable Hire Limited, of Birch House, Back Lane, Coton, Whitchurch, was fined a total of £7,500 and ordered to pay costs of £5,000 after pleading guilty to an offence under Section 2 (1) of the Health and Safety at Work etc Act 1974. 

Haulage firm sentenced after HGV crushes worker to death

A haulage firm has been ordered to pay £90,000 in fines and costs after an employee was crushed to death by a runaway lorry.

Tony Schulze had been trying to connect a cab to a lorry trailer when the incident happened at Freight First Ltd’s premises on the Astmoor Industrial Estate on Goddard Road on 22 January 2011.

The company was prosecuted by the HSE after an investigation found the 49-year-old from Runcorn did not normally drive articulated vehicles, had not received training on coupling lorries, and there was no written procedure for the work.

Liverpool Crown Court heard that Mr Schulze had been working at the site at the weekend, and had been asked to line up the trailers in the company’s small yard so they could be used for deliveries and pick-ups on the Monday morning.

When Mr Schulze released the brakes on the trailer, it began to roll forwards on the sloping yard. He ran down the side of the trailer, in front on the cab and attempted to jump into the open door but the HGV struck another vehicle in the yard, crushing him between the door and cab frame.

Mr Schulze’s colleagues tried to rescue him before the emergency services arrived, but he died at the scene.

The HSE’s investigation found there was not a safe system of work for the coupling and uncoupling of vehicles, and that the handbrake in the cab had not been applied.

Although Freight First Ltd had prepared a general risk assessment in May 2010, it did not deal with the task of connecting cabs to trailers, or identify the risk of runaway vehicles.

The court was told that an external health and safety adviser had highlighted the lack of a risk assessment in December 2010 – a month before Mr Schulze’s death – but no action was taken.

Freight First Ltd, of Whitehouse Industrial Estate, Aston Fields Road, Preston Brook, Runcorn, was fined £90,000 and ordered to pay £67,500 in prosecution costs after being found guilty of a breach of Section 2 (1) of the Health and Safety at Work etc. Act 1974. 

Source: www.hse.gov.uk

 

HSE prosecution round up: 

Company fined after worker falls from van roof

A glazing firm was fined after a worker fell from the roof of a van, causing severe head injuries.

On 19 June 2012, Alan Campbell, who worked for Anglian Windows Limited, fell when loading an easi-dec system onto the roof of the van after working at a domestic property.

Mr Campbell, 47, suffered two bleeds to the brain and was kept in an induced coma for over three weeks. Compression to his forehead required a metal plate to be inserted to partly reshape his face. He now suffers epilepsy and is unable to drive.

After an investigation by the HSE, the Crown Office and the Procurator Fiscal Service, it was found that Anglian Windows Limited had failed to provide sufficient information, instruction, training and supervision to employees who were required to load and unload equipment from van roofs.

Anglian Windows Limited, of Anson Road, Norwich, pleaded guilty at Livingston Sheriff Court, and was fined £10,000 for breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

Company director fined after worker falls through skylight

The company director of a sash restoration company has been fined for safety failings after a worker fell three metres through an unprotected skylight.

Salisbury Magistrates’ Court heard how on the 14 July 2014, an employee of the Sash Restoration Company (Dorset) Limited fell through an unprotected skylight breaking his wrist when landing.

The HSE found that the work was not adequately planned to take account of the risk of working near to a fragile surface. The incident was not reported by the company and only came to HSE’s attention following a query about the incident from an unnamed source.

David Richard Garrett, Director of Sash Restoration Company Dorset Limited, of Henford Road, Ensbury Park, Bournemouth, was fined a total of £3,300, with costs of £1,526, after pleading guilty to an offence under Regulation 9(2) of the Work at Height Regulations 2005, and Regulation 4(1) of RIDDOR (Reporting of Injuries, Disease and Dangerous Occurrences Regulations) 2013.

Three companies fined after construction worker seriously injured in fall from height

Three companies have been fined a total of £90,000 after a worker was seriously injured when he fell nearly six metres from a platform with unguarded rails.

Southwark Crown Court heard that on 4 March 2013 two workers accessed the top level of a unit which was to be dismantled as part of construction work at a site in Westferry Road, London.

One of the workers slipped and fell over the side of the platform, hitting the wall and then landing on the concrete floor 5.9 metres below. He sustained multiple injuries including internal bleeding, a collapsed lung, and fractures to his pelvis and right arm and has been left unable to work.

Meta Management Services Limited (trading as Aktrion), of Rutland Court, Edinburgh, who was the Principal Contractor for the project, pleaded guilty to a breach of Regulation 22(1)(c) of the Construction, Design and Management Regulations 2007 and was fined £9,000 with £1,942 in costs.

Goss Graphic Systems Limited of Beech House, The Oaks Business Park, Longridge Road, Preston, pleaded guilty to a breach of Regulation 13(2) of the Construction, Design and Management Regulations 2007, and Regulation 4 of the Working at Height Regulation 2005 and was fined a total of £27,000 with costs of £7,000.

Beck and Pollitzer Engineering Limited of Burnham Road, Dartford, Kent pleaded guilty to a breach of Regulation 4 of the Working at Height Regulation 2005 and was fined £54,000 with costs of £14,000. 

Firm fined after worker suffered cement burns

A building products manufacturer was fined after a worker suffered serious cement burns on his first day of work.

Leicester Magistrates’ Court heard how a 21-year-old inexperienced agency worker was exposed to alkaline cement slurry by standing in a drainage pit with inadequate Personal Protective Equipment.

The worker suffered chemical burns to his feet and ankles. He required plastic surgery and his feet and lower legs are scarred for life. He was in hospital for three weeks.

An investigation by the HSE into the incident which occurred on 28th April 2014 at Station Road, Stoney Stanton, found that the company had not appreciated that slurry from cured concrete dust posed the same risks as that from cement or wet uncured concrete.

They had no risk assessment for the slurry or suitable and sufficient controls to eliminate, reduce or control the risks. A mechanical system to remove slurry from the water pit would have prevented these life changing injuries.

Stressline Limited pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £12,000 and ordered to pay costs of £2,121. 

NHS prosecuted after pensioner killed in mobility scooter plunge

The NHS Litigation Authority has been prosecuted after an 82 year old man fell 12 feet to his death from an elevated walkway outside a health centre.

Benjamin John Withers from Fareham in Hampshire died after the mobility scooter he was driving collided with a wooden weather screen which was situated around the main entrance and access bridge to Fareham Health centre. The collision caused a section to give way and Mr Withers and his mobility scooter fell through the gap onto a walkway below.

Portsmouth Crown Court heard that on 20^th September 2012 Mr Withers left the centre after attending an appointment and accidentally drove his mobility scooter forward into the side of the glazed screen instead of reversing away from it.  After the initial impact he then moved forward again and fell through the opening in the screen which had partially given way.

A HSE investigation found the barrier had not been constructed to the required standard to resist impact from a mobility scooter, no assessment had been made to consider the suitability of the weather screen and the structure had not been adequately maintained.

The investigation also found that the collapsed section was so badly decayed that portions of the wood could be easily removed by hand. Planned maintenance work to replace the rotten wood had been cancelled and rescheduled on more than twenty occasions without ever being carried out.

NHS Litigation Authority of Buckingham Palace Road London, pleaded guilty to breaching s.3(1) of the Health and Safety at Work etc Act 1974 and was fined £40,000 and ordered to pay £15,000 costs. 

Firm sentenced after worker loses hand in Machine

A waste plastic recycling firm has been fined after an employee’s hand was severed when dragged into a granulator machine.

CP Plastics Limited was prosecuted by the HSE following an incident at Manchester New Road, Middleton, Manchester on the 4 March 2015.

Manchester Magistrates’ Court heard the employee, who has been deaf since birth, has been severely affected by the injury. The loss of his right hand in the incident means that he is unable to drive or work and is finding it difficult to use sign language to communicate.

The 50-year-old employee had been feeding a granulator machine with waste plastic. During the process the machine slowed down so he went to look through an inspection hatch to find the cause. He was reaching inside the machine in order to pull through the plastic which was slowing the machine, when the plastic wrapped around his right hand and dragged it into the granulator blades.

The HSE investigation found there was no safe system of work in place. The inspection hatch should not have been on the machine and employees should not have had access to the dangerous cutting blade.

The investigation also found that the company had failed to provide Employer’s Liability Compulsory Insurance (ELCI) at the time of the incident.

CP Plastics Ltd pleaded guilty to two offences, one breach of Regulation 11 of the Provision and Use of Work Equipment Regulations 1998, and one breach under Section 1 of the Employers Liability (Compulsory Insurance) Act 1969.

In an unusual ruling the company was fined £1,500, but the judge also ordered CP Plastics to pay £17,000 in compensation to the injured employee, and ordered to pay £1,500 towards prosecution costs. 

HSE Myth Busters:

Refuse Collectors Christmas hats banned

Issue

Refuse workers in Colchester were banned from wearing Christmas hats and any other Christmas-related clothing on the grounds of health and safety.

Panel opinion
There is no health and safety legislation that prevents refuse collectors wearing Santa hats or entering the festive spirit with other modest decorations. Excessive displays which might impede the driver's vision or cause a distraction are another matter, but that doesn't seem to be the case here. Being sensible about health and safety can still allow everyone to have some fun too!

Gym manager queried customer’s complaint on gym users topping up personal water bottles from cooler

Issue

A customer made a complaint about other gym users filling up personal water bottles from a water cooler instead of using the disposable cone cups provided. The customer stated that this was against health and safety regulations as germs could be spread this way.

Panel opinion

Well done to the gym manager for raising this and bringing it to our attention. It is important for gym users to keep hydrated and there are no health and safety reasons why they cannot do so using their own bottles rather than the paper cups provided. Other establishments which do ban gym users from using their own bottles are likely to have other motives for doing so – but it is not a health and safety issue.

Source: www.hse.gov.uk

 

Happy New Year from everyone at RHSS!

Health and Safety in the news:

 

Fears grow that “death trap” cladding helped fire spread through Dubai skyscraper

The massive fire that engulfed a Dubai hotel could have been fuelled by flammable panels which clad the 63-storey skyscraper, it has emerged.

The fire is believed to have started on a covered balcony a third of a way up the Address Downtown Hotel, possibly after a pair of curtains caught alight.

But it is the speed at which the blaze spread across 40 floors of the outside of the hotel which will become the focus of an investigation.

At least 60 people were injured and one person suffered a heart attack as they rushed to escape the tower on New Year's Eve.

The skyscraper was overcome by flames so quickly that some guests said they fled for their lives before any fire alarms sounded.

It was the third high-rise fire since 2012 in Dubai and has prompted fresh questions over the safety of other skyscrapers in the city – many of which are covered in flammable external panels which are banned in the UK.

Experts warned it was only a matter of time before there were major fatalities from a fire linked to the non-fire-resistant aluminium composite panels.

They are made from a thermoplastic core – plastic that has been heated to a high temperature and then hardened – held between two sheets of aluminium. They are used for insulation and for cosmetic purposes as they are long-lasting and easy to maintain. But they burn quickly, causing fires to spread rapidly.

They were outlawed in Dubai in 2013 following a fire but the rules do not apply to buildings constructed before then and it has been claimed that up to 70 per cent of Dubai's high rises may be covered with them.

It is not known if the 200-room hotel, which also has 600 private apartments and was completed in 2008, was clad with similar panels, but experts said the way the fire spread quickly up one side suggested it was.

In 2013, the United Arab Emirates changed its Fire and Life Safety Code to state fire-retardant cladding must be used on all buildings taller than 50ft. The sheathing has not been used in the UK since the 1980s.

Source: www.dailymail.co.uk

HSE prosecution round up:

Recycling firm sentenced over forklift death

A recycling company has been fined £180,000 after a worker was killed when the forklift truck he was driving overturned.

Ian Aliski, 29, from Ellesmere Port, was using the forklift at Recresco Ltd’s glass recycling plant in Manisty Wharf, North Road, Ellesmere Port, on 26 April 2010 when the vehicle overturned, crushing him to death.

Liverpool Crown Court heard that Mr Aliski had been hired on a temporary four-day contract and was just a few hours into his first day when the incident happened.

Recresco Ltd was prosecuted by the HSE after an investigation found that forklift truck drivers regularly had to work in an area that was often covered in waste materials. This prevented them from turning the vehicles safely.

On the day of the incident, Mr Aliski was moving waste material from the recycling process – known as aggregate – from the production area to a storage shed when the forklift truck became unstable on the uneven surface and overturned.

The court was told that Mr Aliski was not wearing a seatbelt and there was no company policy in place to ensure seatbelts were worn.

The HSE’s investigation also found that the forklift trucks in use at the plant were not suitable for operation on uneven surfaces or over loose material such as that found on the site.

Alternative vehicles, such as four-wheel-drive, all terrain shovel loaders, could have been used and were already in use elsewhere on the site. Since the incident, the company now uses these vehicles to move all the waste material on the site and it is now company policy for seatbelts to be worn at all times in all vehicles.

Recresco Ltd, of Lane End, Urban Road, Kirkby-in-Ashfield, Nottingham, was fined £180,000 and ordered to pay £38,693 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974 on 17 December 2014.

Housing firm fined for safety failings

A homes provider company for Barnet Council has been fined for safety failings after a heating engineer was found dead in a communal boiler house at one of their housing estates.

The body of Alan Young, 68, was discovered in the Grahame Park estate boiler house on 9 August 2011. He had been working alone at height when he fell, sustaining severe head injuries.

The HSE investigated and prosecuted Barnet Homes Ltd for safety breaches.

Southwark Crown Court heard that Mr Young had been in charge of the Grahame Park estate boiler house for 21 years with Barnet Homes Ltd and before that with Barnet Council.  He had lone worker status and had checked in with his supervisor on 8 August. He had then gone to the communal boiler room on the estate to repair a leak.

The following day, his supervisor realised that no message had been received from Mr Young checking out after the previous day’s shift. When attempts to contact him by phone were fruitless, staff at the housing estate office were alerted. They failed to find him at home and the search then turned to the boiler room, where Mr Young’s body was found at the foot of the scaffold.

There were no eye witnesses, but the evidence suggested that Mr Young was using a combination of fixed and mobile tower scaffolding plus a ladder to undertake his work. The HSE found the mobile scaffold had not been erected properly, had missing guard rails and did not have any wheel brakes.  The ladder was not secured and Mr Young’s immediate supervisor was unaware of the presence of the fixed scaffolding.

The HSE also identified that the company failed to prepare a proper risk assessment bearing in mind Mr Young’s role as a lone worker.

Barnet Homes Ltd accepted that within the boiler house Mr Young had unrestricted access to a ladder and to a mobile tower scaffold and that he had not received appropriate training. The company also accepted that it did not have adequate arrangements for the control of maintenance work, and that this breach was a cause of Mr Young’s death.

Barnet Homes Ltd, of Barnet House, High Road, Barnet, was fined £37,000 and ordered to pay £75,000 in full costs after admitting a breach of the Health and Safety at Work etc Act 1974. 

Failure to plan on multi-storey refurbishment put over 100 lives at risk

A Company carrying out construction work to convert an eight storey former Ford office block into 384 flats has been prosecuted for safety failings that put many at risk.

On the 26 May 2015, the HSE was contacted by the Essex County Fire and Rescue Service (ECFRS) to inform them of concerns for men sleeping on the construction site at Trafford House, Station Way, Basildon, Essex.

The HSE carried out a joint inspection with ECFRS the same day and found numerous failings on site. The HSE concluded that there was a significant risk to life in the event of a fire and issued a prohibition notice preventing workers from sleeping on site.

Forty eight workers had to be re-housed into safer sleeping accommodation. At the time of the inspection approximately 120 men were working across the site. A second prohibition notice closed the entire site until the appropriate steps had been taken to protect all workers from the dangers posed by fire.

RGB (Plastering and Construction) Limited, of Monkmoor Road Shrewsbury, pleaded guilty/not guilty to breaching Regulation 29(a) and (c) of the Construction (Design and Management) Regulations 2015. They were fined £8,000 and ordered to pay costs of £6,130.

After the hearing HSE Inspector Adam Hills said: “This case highlights the importance of ensuring those who undertake construction work have the relevant skills, knowledge, training and experience to do so.

“There doesn’t have to be an injury or incident for HSE to take action. If you irresponsibly endanger the lives of those who are simply trying to earn a living then HSE can and will take proactive action to protect them.”

 

Companies sentenced over death of scaffolder

Two companies have been fined a total of £1.3million following the death of a scaffolder.

The court was told John Altoft, 29, from Scunthorpe was killed when he fell to his death after being struck by falling debris inside an industrial tower.

On 18 January 2012, a team from Cape Industrial Services Ltd were installing an access scaffold to enable the relining of the inside of a steel plated tapered cylindrical structure at the Cemex Cement Works in Rugby.

Warwick Crown Court heard the team was working inside the Cyclone 1 tower when concrete debris dropped on to John Altoft causing him to fall seven metres to the bottom of the structure causing fatal head injuries. His colleague, Ty Smart, was also seriously injured, suffering serious wrist and arm fractures and has been unable to work since the incident.

Inspectors from the HSE told the court that both Cemex UK Operations Ltd and Cape Industrial Services Ltd Scaffolding should have co-ordinated and planned this high risk work to a higher standard.

Cemex UK Operations Limited, Coldharbour Lane, Surrey, pleaded guilty to breaching Section 3 of the Health and Safety at Work Act and was fined £700,000 and was ordered to pay £90,783.78 in costs.

Cape Industrial Services Limited, Stockley Bridge, Uxbridge, Middlesex pleaded guilty to breaching Section 2 of the Health and Safety at Work Act and was fined £600,000 was ordered to pay £90,783.78 in costs. 

Construction firms fined over electric shocks to workers

Two companies have been sentenced after a construction worker suffered life changing injuries when he received an electric shock from an overhead power line.

Ashley Coe, an agency worker, working on site for Pascon Limited was part of a group of workers laying cables in a trench when the incident happened on the 13th March 2013. 

An excavator being used for the task tracked underneath a 33kV overhead power line and struck the power line. Mr Coe was helping to control a cable drum suspended from the arm of the excavator when the incident occurred. 

The HSE prosecuting, told Exeter Crown Court that work was taking place by British Solar Renewables Limited (BSR) to install a solar farm on site at Knockworthy Farm, Great Torrington, Devon. 

However, despite the high risk work being undertaken, BSR failed to install goal posts and signage to warn of the presence of overhead power lines in the area. 

Subcontractor Pascon Limited who were installing the cables in the trench had failed to assess the risks of working under the overhead power lines, and subsequently had not appropriately planned, managed and monitored the work in order that it could be carried out safely. As such they were using an unsafe method of installing the cables in the trench which ran underneath the overhead power lines. 

As a result of the 33kV electric shock Mr Coe suffered a life changing brain injury and had to be resuscitated by attending paramedics. The court heard he has been affected in many different ways. As a result of his injuries he suffers with short term memory loss, has some mobility issues and now no longer feels pain. His speech has been affected and he has lost much of his independence. He is unlikely to ever work again. Two other workers received shocks but escaped serious injury. 

Principal Contractor British Solar Renewables Limited of Higher Hill Farm, Butleigh Hill, Butleigh, Glastonbury, Somerset, was charged with breaching Regulation 34(2) of the CDM Regulations 2007 and received a £250,000 fine and was ordered to pay full costs of £72,466. 

Subcontractor Pascon Limited, of Unit 1 Hayhead Farm, Longwood Lane, Walsall, West Midlands was fined £35,000 plus £25,000 contribution to costs after admitting a breach of Regulation 13(2) of the CDM 2007.  

Electrical explosion leaves worker scarred for life

Two construction companies have been fined £90,000 after two workers were seriously burned, and one scarred for life after they cut into a live 11,000v electrical cable.

Southwark Crown Court heard the labourer and a bricklayer were working in a House of Lords site at Millbank, London, on 1 July 2013, to lay bricks around a manhole.

One of the men, who was 22 at the time of the incident, hit the cable with a jackhammer when removing old brickwork and suffered serious burns to his arms, legs, hands and face. He was in hospital for nearly a month receiving treatment to his injuries.

The other worker, a 63-year-old man, suffered significant burns to his face and neck. He has been treated for the longer term traumatic stress because of the incident and is unable to continue working with drills and machines.

Clive Graham Associates Limited (CGA) of 55 Farrington Road, London, who was the principal contractor for the project, pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work Act 1974 and was fined £45,000 with £6,612 in costs.

The employer of the two injured workers, Bellmoor Construction Limited (Bellmoor) of Swakeleys Road, Ickenham, Uxbridge, Middlesex, pleaded guilty to a breach of Section 2(1) of the Health and Safety at Work Act 1974 and was fined £45,000 with £6,612 in costs.

The HSE carried out an investigation into the incident and the conditions found at the construction site.

CGA had failed to identify the risk from live electrical cables that had been dug up and exposed, failed to provide information warning that the incident cable was live, and failed to adequately manage the site and the contractor.

Bellmoor also failed to carry out an adequate risk assessment before the work started, failed to provide effective supervision during the work and failed to check competence before allocating tasks including the operation of the jackhammer.

Company fined after worker seriously injured

A waste and recycling company was fined £450,000 after a stack of baled waste collapsed, seriously injuring a worker.

Leicester Crown Court heard how a 41-year-old employee of Veolia ES (UK) Limited of London, was sweeping up around the base of stacks of baled waste at their site in Castle Donington, when a stack collapsed on him.

He sustained serious head and brain injuries including a fractured eye socket, back and skull injuries.

An investigation by the HSE into the incident, which occurred in November 2013, found that the company did not identify the risks of inconsistent stacking and de-stacking of baled waste, or the simple controls to manage it.

Veolia ES (UK) Limited, of Pentonville Road, London, was fined a total of £450,000, with costs of £11,676 after pleading guilty to an offence under Regulation 10(4) of the Work at Height Regulations 2005.

 

Everyone at RHSS Ltd would like to wish you all a very Merry Christmas and a Happy (and safe) New Year!

Rob, Jack, Martin, David, Michael and Sarah

Blog will return in 2016.

HSE prosecution round up:

Worker killed by falling from ladder during boiler inspection

A sub-contractor was fined after a worker was killed when he fell from a ladder during an inspection of a boiler.

Winchester Magistrates’ Court heard how third party contractor, David Wood, (62 at the time of the accident), of Hampshire was inspecting a boiler in the loft space of a private residence. The ladder had been incorrectly fitted which resulted in Mr Woods falling and suffering fatal injuries.

An investigation by the HSE into the incident, which occurred on 19^th March 2013, found that the sub-contractor Poitr Kowalczyk, who could not speak or read English and was not conversant with current British health and safety standards, was tasked with carrying out refurbishment and improvement works at the residence. This included fitting a propriety loft ladder. The ceiling, not being of a standard height was not compatible with either two or three section extendable ladders.

Piotr Kowalczyk chose to fit the longer three section ladder. However, due to the restricted loft space it was not possible to fit the retaining bar on the ladder. The retaining bar is a safety device that locks the ladder at a safe angle.

When Mr Wood was on the ladder, the omission of the retaining bar allowed the ladder to slide forward causing Mr Wood to fall backward to the floor below. This resulted in fatal head injuries.

Piotr Kowalczyk, of Howard Road, Southampton, was sentenced to six months imprisonment, suspended for two years and ordered to pay costs of £12,404 after pleading guilty to offences under Section 3(2) of the Health and Safety at Work etc Act 1974. 

Worker injured after falling through rooflight

A painting company has been fined after a worker fell through a roof light whilst working at height.

Cwmbran Magistrates’ Court heard the employee working for Williams Contractors Limited of Pontypridd, was carrying out painting work when he fell off a Youngman board and through the roof lights.

He suffered a broken left wrist and injuries to his chest, back hip and leg and was unable to work for six months.

An investigation by the HSE into the incident, which occurred in August 2013, at A Schulman Incorporated Limited, Crumlin, Newport, found that there was poor planning and supervision of the task and an unsafe method of work.

Williams Contractors Limited, of Gelliwastad Road, Pontypridd, was fined a total of £12,000 and ordered to pay costs of £1,069 after pleading guilty to an offence under Regulation 4(1) of the Work at Height Regulations 2005. 

Tradesman fined after employee lost fingers

Richard John Pullinger, a sole trader that recycles cardboard in Polesworth, was fined after a 19-year-old employee suffered severe damage to his left hand when it was drawn into a roller press that had no guards on it.

Nuneaton Magistrates Court heard that the employee, Wade Moore, who had only been working for Mr Pullinger for three weeks, had his hand on top of cardboard as it was being drawn into the rollers. There was no emergency stop button on the machine but another operator realised what had happened and put the machine quickly into reverse mode.

Wade lost a third of his fifth finger, part of his ring finger and thumb, had multiple fractures and lacerations of his hand and needed a five hour operation to limit the damage. He still requires physiotherapy treatment and has had a further operation on his thumb.

An investigation by the HSE found that the machine was at least 26-years-old and was in a poor state of repair. A prohibition notice was immediately issued after the incident and a guard was fitted to the machine days later.

Richard John Pullinger trading at Unit 5A Pooley Hall Farm Pooley Lane, Polesworth, was fined £13,000 and was ordered to pay £6,143 in costs after he pleaded guilty to a Contravention of Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 as effective measures had not been taken to prevent access to the dangerous parts of the roller press. 

Company fined after scaffolding blown over during dismantling

A scaffolding company was fined after scaffolding hit a bus and pedestrians when it blew over during dismantling.

Leicester Magistrates’ Court heard how on 28 January 2015, Emperor Scaffolding Limited of Leicester was dismantling scaffolding on Charles Street when the incident occurred. The scaffolding hit a bus, landed on a parked van and hit two members of the public.

An investigation by the HSE into the incident found that the company was not following a safe system of work. The scaffolding was not tied to the building and sheeting was left in place. The scaffolding dismantling took place over four days and the workers failed to check the scaffolding condition before they started or to take adequate measures to correct defects and ensure it would not collapse during the dismantling.

Emperor Scaffolding Limited, of Fairefield Crescent, Glenfield, Leicester, was fined a total of £8,000, with costs of £2,000 after pleading guilty to offences under Regulation 28(1) of the Construction (Design and Management) Regulations. 

Construction firm fined over unsafe work practises during refurbishment

J B Barbour and Co Ltd has been fined after a worker was killed when he was struck by a falling signage and fascia assembly during shop fitting work at a retail unit.

On the 6 July 2011, the 26-year-old employee, Michael Kelly, was clearing debris from the dismantling of shop front units, when the fastenings to the signage and fascia suspended above Mr Kelly failed causing one end to drop down to the shop floor level striking Mr Kelly and causing fatal injuries.

The HSE investigation found that the company failed to properly assess the supporting arrangements for the signage and fascia assuming they were supported by steel hangers and that it would be safe to remove the shop fronts.

Stafford Crown Court heard that the incident could have been prevented if work had been properly planned, assessed and supervised. The company’s own method statement had sufficient information to implement some control measures that could have prevented the incident, but neither the site team nor management team recognised the need to follow their own guidance after receiving a holding request had been made by their client that affected the sequence of work.

J B Barbour and Co Limited of Lawmoor Street, Dixons Blazes Industrial Estate, Glasgow pleaded guilty to breaching Section 2 (1) and Section 3 (1) of the Health and Safety at Work Act 1974 and was fined £85,000 with £89,053 costs. 

Three companies fined after worker lost his life

Three companies have been fined for safety failings after a concrete panel fell from a lorry and killed a worker.

Derby Crown Court heard how on 11 January 2011 Mr Travis Hale, 45, was employed as a driver by Punchards Haulage Limited (Punchards) to transport a load of four concrete panels from Derby to a construction site in Edinburgh.

The panels had been designed by VTK Structures Limited (VTK) and manufactured by Hanson Packed Products Limited (Hanson).

When Mr Hale arrived to collect the loaded trailer from Hanson’s yard, three vehicle straps supplied by Punchards had been used to secure the load into the trailer.

Shortly after starting his journey Mr Hale was contacted and asked to pull over to check his load. He was joined by employees from VTK (designers of the panels) who advised him to fit more straps.

When Mr Hale undid one of the existing straps, a panel weighing approximately one and a half tonnes fell off the trailer and killed him.

An investigation by the HSE into the incident found that the number of straps over the load were not sufficient to secure it safely for transport. All three companies should have cooperated to ensure that a safer means of securing concrete panels on the trailer were used.

Punchards Haulage Limited, of Bramshall Industrial Estate, Stone Road, Bramshall, Staffordshire were fined a total of £140,000, and ordered to pay costs of £37,016 after pleading guilty to an offence under Section 2(1) of the Health and Safety at Work etc. Act 1974.

VTK Structures Limited, of Mill Bay Lane, Horsham, West Sussex were fined a total of £140,000, and ordered to pay costs of £37,016 after pleading guilty to an offence under Section 3(1) of the Health and Safety at Work etc. Act 1974.

Hanson Packed Products Limited (Formerly known as Hanson Building Products Limited), of Hanson House, Castle Hill, Maidenhead, were fined a total of £80,000, and ordered to pay costs of £37,016 after pleading guilty to an offence under Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999. 

Builder fined after sacks of rubble thrown from building window

A Coalville construction firm working in Leicester has been sentenced after workers were spotted throwing sacks of rubble from a building project opposite a police station.

Police officers called the HSE as debris was being launched out of a fifth floor window to a flat roof several metres below. They also saw unsafe working at open edges with no fall protection.

HSE inspectors arrived at the site on 2 October 2014 and witnessed the activity first hand and after investigating, prosecuted the firm.

J A Ball Ltd. was contracted to carry out work to refurbish former office space into flats at Allied Place, 44 Abbey Street, Leicester.

Leicester Magistrates’ Court was told company director Adam Ball decided soft stripping work should begin and walked the site with a worker who was not a site manager while issuing instructions.    

The court heard that Ball had not ensured a refurbishment and demolition asbestos survey had been carried out on the site before work commenced, and no paperwork was given to the worker regarding the methods to be used to carry out this work.

No risk assessments or site paperwork was given to Ball’s employee and no site file existed. There was a substantial amount of waste generated and placed into the rubble bags. These were initially taken down the stairs to the flat roof and then dragged across the flat roof and thrown over the edge into the skip at ground level.

The flat roof had a number of unprotected fragile roof lights across it and there was no edge protection on the flat roof. Mr Ball’s employees then decided it would quicker to simply throw the rubble bags out of the window while they were working on the fifth floor. So while standing on the window sill of an open window bags were thrown to the flat roof before being dragged to skip.

HSE told the court that Adam Ball had arranged for work to begin on a site without ensuring that the proper procedures had been followed, and that all workers had been given adequate information. He also made incorrect assumptions about his employee being competent to manage this project.

J A Ball Ltd, of Property Court, Telford Way, Stephenson Industrial Estate, Coalville admitted breaching of Regulation 4(1) of the Work at Height Regulations 2005 and was fined £13,000 with £1182.00 costs.

 

HSE Myth Busters: 

Bus Company separates boys and girls on school bus

Issue
A bus company providing contracted service to a school stated that they separated boys and girls on their school bus in order to comply with health and safety regulations.
Panel opinion
There is certainly no specific health and safety at work legislation that requires boys and girls to be separated on school buses. Bus operators do need to find practical ways to control rowdy behaviour however. This is primarily an issue of good discipline, and pupils moving about a bus or misbehaving can create real dangers for themselves, others on the bus and other road users if the driver is distracted.

Supermarket café unable to heat up mince pies

Issue
A supermarket café told a customer they were unable to heat up a mince pie they served for health and safety reasons.

Panel opinion

A clear case of "bah humbug" here. There are no health and safety rules which would prevent the counter staff responding to a perfectly reasonable request to heat up a mince pie. The store management have confirmed there is no central policy on this either so we hope the serving staff can get into the Christmas spirit soon.