Health and Safety in the news this week

IOSH discusses key OSH developments at APOSHO conference

IOSH representatives from Hong Kong, Singapore and the UK addressed delegates on three key safety and health matters affecting workers across the world: ISO 45001, construction design safety and occupational cancer during the 31st Asia Pacific Occupational Safety and Health Organization (APOSHO) conference.

Vincent Ho, the IOSH Vice-President, highlighted IOSH’s work to raise awareness of occupational cancers through its No Time to Lose campaign, while Andy Lo, Council Member, presented a paper on design for safety in construction.

John Lacey, former IOSH president, discussed ISO 45001, which will be the first internationally-agreed health and safety management systems standard to apply to organisations across the world.  It is anticipated that ISO 45001 will be completed and published in October, when it will replace BS OHSAS 18001.

IOSH Hong Kong is due to organise the APOSHO conference in 2018 in collaboration with the Hong Kong Occupational Safety and Health Association (HKOSHA).

Source: www.iosh.co.uk

 

HSE prosecution round up:

Man sentenced after worker is fatally crushed in a trench

A self-employed contractor has been sentenced after an employee was killed when the trench he was working in collapsed on him.

Swansea Magistrates’ Court heard how William Ryan Evans was contracted to construct a drainage field comprising of infiltration pipes laid at the bottom of deep trenches.  He employed two workers and a subcontractor excavator to undertake the work at Longstone Farm, in Pembrokeshire.

Hywel Glyndwr Richards, aged 54, entered the trench to remove a clump of soil that had fallen into the trench when it collapsed, burying him. He died at the scene.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 26 June 2012 found that the work was not planned appropriately and the risk assessment was not suitable or sufficient.  The workers were not appropriately trained and suitable equipment to a prevent collapse were not provided.

At Swansea Crown Court on Monday 11 April, William Ryan Evans, of Blaenwaun Twr, Trelech, Carmarthenshire was found guilty of breaching Section 2 of the Health and Safety at Work etc Act 1974 and was given a six month custodial sentence.

HSE Inspector Phil Nicolle said: “This tragic incident could have been prevented by undertaking a suitable and sufficient assessment of the risks, providing the correct equipment or safe working methods to the workers and managing and monitoring the work to ensure it was done safely.  Work in excavations needs to be properly planned, managed and monitored to ensure no one enters an excavation deeper than 1.2m without adequate controls in place to prevent a collapse.”

Hand entrapment to worker at food manufacturing company

A food manufacturing firm was sentenced today for safety breaches after a worker suffered partial de-gloving of his hand.

The worker had several fingers broken in an incident that happened in February 2015, when his hand was pulled into a pastry lid maker that had been modified to improve its operation, including removing parts of the guarding system.

When the modification was removed because it was ineffective the guards were not replaced. The Health and Safety Executive (HSE) investigated the incident and took action against Thomas of York Ltd.

Thomas of York Ltd in Helmsley, York pleaded guilty to breaching the Provision and Use of Work Equipment Regulations, regulations 11 and 14, and was fined £6,500 with £691.45 costs at Northallerton Magistrates’ Court.

After the hearing, HSE inspector Julian Franklin commented: “Modifying machines should always involve a reassessment of the safety of that machine.  Guard checking routines should be periodically audited to ensure they remain effective.”

Construction Company sentenced

A London based construction company has been fined for safety failings. 

Westminster Magistrates’ Court heard how RS Construction UK (London) Limited was working at a site on St Dionis Road, London which was inspected by the Health and Safety Executive (HSE).

The inspector found there was an excavation directly behind the front door, which was the only entrance and exit for the site. 
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The excavation was approximately 3.5 metres deep with no means of shoring to support the sides of the excavation and no edge protection around the top to stop persons, materials or objects falling into it. 

Of immediate concern was a worker in the bottom of the excavation who was instructed to exit the excavation. 

An investigation by the HSE found that the RS Construction had received previous enforcement action on similar risks on other sites and still failed to ensure suitable and sufficient safe access and egress to and from the construction site and also failed to ensure all practicable steps were taken to prevent danger to any person from working in the excavation. 

RS Construction UK (London) Limited, of International House, Regents Street, London, pleaded guilty to breaching Regulations 17(1)(a) and 22(1) of the Construction (Design and Management) Regulations 2015, and was fined £40,000 - £20,000 for each offence and ordered to pay full costs of £1,486. 

Firm fined after forklift truck operator killed

A large steel fabrication company based in North Yorkshire, has been fined after a forklift truck (FLT) operator was killed when the truck he was operating overturned.  However, the offence to which the company pleaded guilty was not a significant cause of the fatal accident.

Teesside Crown Court heard how 27-year-old Kelvin McGibbon was reversing the forklift truck when it struck some steps causing it to overturn.  Mr McGibbon was not wearing a seatbelt and suffered crush injuries which proved fatal.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 13 March 2013 found that Severfield (UK) Limited failed to manage forklift truck driving operations.  They did not enforce the wearing of seat-belts or control the speed at which some FLT operators drove their trucks.

Severfield (UK) Limited, of Severs House, Dalton Airfield Industrial Estate, Dalton, Thirsk, North Yorkshire, pleaded guilty to a non-causative breach of Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999, and was fined £135,000 and ordered to pay costs of £46,020.

HSE inspector David Welsh said after the hearing: “A company has a legal duty for the health and safety of people working on its site, whether they are employees or not.  They are required to assess risks, eliminate them where possible and enforce proper control measures, such as seat belt wear, by checking that safe driving practices are being followed to deal with the risks that remain.  Sadly, in this case, the prosecution shows that the company’s management of FLT driving operations and risk control measures failed with tragic consequences for Mr McGibbon and his family.”

Two companies fined after disturbing asbestos

Two companies have been fined after asbestos was disturbed during refurbishment work.

Westminster Magistrates’ Court heard how two employees of 24-Hour Maintenance Services Limited disturbed asbestos insulating board (AIB) whilst they were doing refurbishment work at a former commercial premises undergoing conversion into flats, in Romford, London.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred between mid-July 2014 and 11 August 2014 found that the client had not passed on the details of the presence of asbestos to the contractor, despite prior knowledge.

No refurbishment and demolition survey was conducted to determine the presence of asbestos on the site.  The two workers stripped out the AIB without any effective precautions and therefore received significant exposure to asbestos fibres.

Asbestos can be found in any building built before the year 2000. A refurbishment/demolition asbestos survey is required where the premises, or part of it, need upgrading, refurbishment or demolition. 

Firestone Estates Limited, of Tolpits Lane, Watford, Hertfordshire pleaded guilty to breaching Regulation 10(1)(b) of the Construction (Design and Management) Regulations 2007 and were fined £10,000 and were ordered to pay £1020.64 in costs with a £1,000 victim surcharge.

24-Hour Maintenance Services Limited, of Linton Avenue, Borehamwood, Hertfordshire pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and were fined £5,000 with £974.44 in costs and a victim surcharge of £500.

Source: www.hse.gov.uk

HSE Health and Safety Myths Buster

Supermarket banned foldaway bicycle from store for health and safety reasons

Issue

A supermarket banned a customer from taking his foldaway bicycle into store for health and safety reasons.

Panel opinion

This is clearly a myth as health and safety at work law does not prohibit taking folding up bicycles into retail premises.  It’s refreshing to see those who used ‘elf and safety’ as an excuse to tell their customer ‘on your bike’ back-pedalling, holding their hands up and admitting this was clearly inappropriate.

Health and Safety in the news this week

Rainbow Waste Update – Unsafe practices led to worker’s death

A few weeks ago, we reported on the prosecution of Rainbow Waste Management, after one of their workers died after sustaining fatal head and spinal injuries in June 2013.

Further details about the case have now been published, and the Health and Safety Executive Inspector who led the investigation into the case has said that senior managers at Rainbow Waste claimed to be ignorant of hundreds of unsafe practices at their Derbyshire waste processing plant.

Ashley Morris, 24, was killed when the bucket of a Bobcat loader he was operating fell on him.  At the time, the vehicle’s bucket was raised with only the hydraulic system holding it up, and Mr Morris was operating the controls from outside the cab.  He reversed the loader, and the bucket descended, fatally crushing him.

The HSE Inspector said that this practice was very strange and could not establish why Mr Morris was manoeuvring the Bobcat in this way.  Further investigations revealed more than 200 examples of unsafe working practices involving the Bobcat, forklift trucks and skip lorries, and it was decided that Mr Morris likely did not know any better.  CCTV cameras at the site had recorded people being lifted in the Bobcat, workers jumping out of the way to avoid being hit as it turned, and workers standing inside a skip as it was loaded with rubbish.

The HSE concluded that Rainbow Waste’s training regime was inadequate, which the defence disputed because Mr Morris was qualified to operate the Bobcat.  The judge concluded that Rainbow Waste “fell far short of the appropriate standard by failing to put into place recognised standards in the industry, namely effective monitoring and supervision, and that breaches on the CCTV were indicative of practices which went on for a significant period of time”.  The judge added that he found the suggestion that the director of Rainbow Waste was unaware of the practice that was taking place at his warehouse, just a few yards from his office, as depicted on the CCTV as “implausible and bordering on incredulous”.

Source: www.iosh.co.uk

HSE prosecution round up:

Roofer fined for safety failings

A roofer based in Berkshire has been fined after disturbing and removing asbestos without a licence.

Reading Magistrates’ Court heard Michael Wilkie was contracted by a householder to replace the covering of the flat roof of the garage adjoining their house, and subsequent remedial work. This included the installation of a drainpipe through the ceiling below.

The ceiling comprised of asbestos insulation boards (AIB) which Wilkie cut a hole in for the pipe. He left the debris that contained asbestos in a waste bag for the householder to dispose of.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred between 21 March and 16 April 2015 found Wilkie had no experience or knowledge of working with asbestos containing materials and failed to take suitable measures to prevent exposure to asbestos fibres.

Michael Wilkie (trading as Royal County Roofing), of Ploughlands, Bracknell, Berkshire, pleaded guilty to breaching Regulations 5(1)(a), 11(1) and 16 of the Control of Asbestos Regulations 2012, and was fined £660 and ordered to pay costs of £1,023.

HSE inspector Dominic Goacher said after the hearing: “Contractors have a duty to ensure all work they undertake is properly planned and takes into account onsite risks such as asbestos containing materials.”

Company fined for safety failings

A metalwork casting and machining company has been fined for unsafe work practices after an employee almost fell through a fragile roof.

Canterbury Crown Court heard how an employee of M J Allen Holdings Limited of Kent was working on the roof of the company workshop when he slipped and almost fell through the fragile roof.

An investigation by the Health and Safety Executive into the incident which occurred on 19 September 2014 found the company failed to provide suitable working at height equipment to carry out tasks.  Employees had also not undergone specific related working at height on roof training.

M J Allen Holdings Limited, of Hilton Road, Cobbs Wood Industrial Estate, Ashford Kent, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005, and was fined £160,000 and ordered to pay costs of £5,767.

HSE inspector Guy Widdowson said after the hearing: “This incident had the potential to cause significant, life threatening injuries to the employee who was affected.”

Sentence after worker injured at prison

Four different duty holders have been fined after a worker was injured while replacing a window at Leeds prison.

Leeds Magistrates’ Court heard how a window on the third floor at Leeds Prison was in need of replacing.  Four parties were involved with the installation and all were charged with safety breaches for their part in the incident.

Stuart Tombs was the site manager via his own company SJT Site management Limited (SJT). SJT was contracted by Longcross Construction Limited (LCL), the principal contractor for the window replacement work.

Fewell Engineering Limited (FEL) were subcontracted by LCL, and it was an employee of FEL who was pushing a trolley with the new window on it when the incident occurred.

The court heard an employee of FEL was operating a mobile elevating work platform (MEWP) and driving it to the location of the work when one of the wheels struck the FEL employee and partially ran over his feet.

The injured man suffered multiple fractures in his right foot, a fracture of his left ankle and significant soft tissue damage to both feet.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 8 September 2014 found that Fewell Engineering failed to prepare suitable and sufficient Risk assessments and method statements for the operation.

Longcross failed to check the risk assessment prepared by FEL, and it failed to check that Stuart Tombs was competent to carry out a suitable site safety induction and supervised work with a MEWP.

SJT failed carry out a suitable site safety induction and supervise the MEWP operation competently.

It was also discovered Stuart John Tombs forged or fabricated site health and safety documents in an attempt to deflect responsibility.

Fewell Engineering Limited, of Salisbury, Wiltshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, and was fined £20,000 and ordered to pay costs of £702.

Longcross Construction Limited, of Hill House, Little New Street, London, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, and was fined £20,000 and ordered to pay costs of £303.

SJT Site Management Limited, of Watling Street, Bridgtown, Cannock, Staffordshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, and was fined £600 and ordered to pay costs of £199.

Stuart John Tombs, of Bondway, Hednesford, Cannock, Staffordshire, pleaded guilty to breaching Section 33(1)(l) of the Health and Safety at Work etc. Act 1974, and was fined £100 and ordered to pay costs of £149.

Source: www.hse.gov.uk

HSE Health and Safety Myths Buster

Library will not let users plug their laptops into power sockets for health and safety reasons

Issue

A Council run library will not let users plug their laptops into electrical outlets because of a risk of tripping or in case of faulty laptop charger plugs.

Panel opinion

The council and library seem to have got their wires well and truly crossed in this case as both the potential problems appear to have been well under control.  Restricting the charging of the laptop can’t be justified on health and safety grounds in these circumstances.

 

Health and Safety in the news this week

Five Ways to Reduce Office Workers’ Stress

 

·         Natural Light:  Flood workplaces with natural light by replacing solid walls or partitions with glass or using full spectrum light bulbs.  Natural light helps regulate serotonin levels, promoting healthy sleep patterns, learning, information recall and mental alertness and preventing depression, anxiety and stress.

 

·         Colours:  Introduce bright colours such as red, orange and yellow to boost creativity but be aware that too much of them can be stressful.  Alternatively, use a muted colour palette and use brighter colours for office accessories and branding.

 

·         Greenery:  Add large, easy-care plants, such as Areca and Kentia Palms or Dragon Trees.  Studies show that planting can reduce tension, depression, anxiety and fatigue by between 37% and 58%.

 

·         Relaxing areas:  Create separate zones for quiet, focused work as well as for conversations and collaboration.

 

·         Exercise:  Provide access to a gym or install standing meeting tables or sit-stand desks.  Even centralising refreshment, printing and recycling points will encourage people to leave their desks, walk around and interact with colleagues.

 

Source: www.ioshmagazine.com

HSE prosecution round up:

Employer liable for injuries in Slip case

The employer of a home care assistant who slipped on an icy pavement when visiting a client has been found liable for her injuries in a ruling by the UK’s highest civil court.

The Supreme Court held that Glasgow City Council-owned Cordia Services had failed to provide suitable footwear to Tracy Kennedy despite a long-lasting period of severe weather.  Ms Kennedy had been wearing flat shoes with a ridged sole, and the pavement had not been gritted or salted when the accident occurred in December 2010. 

The case was based on breaches of Regulation 3(1) of the Management of Health and Safety at Work Regulations, which requires a suitable and sufficient assessment of work risks, and regulation 4(1) of the Personal Protective Equipment at Work Regulations 1992, which requires suitable personal protective equipment to be provided to employees.

The court decided that Cordia Services had breached its statutory duties because it was obvious that their employee could slip and fall on snow and ice.  The Company had previous experience of this type of accident, and had identified the possibility in two risk assessments in the previous five years.  Crucially, the risk had not been properly evaluated, and not only was the possibility of injury very high, but it could be serious and include fractures and head injuries.  Despite this, no consideration was given to the possibility of individual protective measures, before relying on the measure of last resort, namely giving appropriate instructions to employees.  Even then, the instructions given were limited to advice to wear appropriate footwear, but failing to specify what might be appropriate, thereby breaching Regulation 3(1) of the management regulations.

The court decided that Ms Kennedy was exposed to the risk of slips and falls “whilst at work” because she was “at work” whilst travelling between clients’ homes.  Risks at work refer to those associated with the natural environment in which the work takes place as well at the nature of the work.

Cordia Services did not provide suitable protective equipment to reduce the risk, nor was the risk controlled by other means equally or more effective as the PPE regulations require, therefore breaching regulation 4(1) of the PPE Regulations.

The court also found that Cordia Services had been negligent at common law on three grounds:

·        It was a fundamental principle that an employer was bound to take reasonable care for the safety of its workmen;

·        A reasonably prudent employer will conduct a risk assessment in connection with its operations so that it can take suitable precautions to avoid injury to its employees – the whole point of risk assessment is to identify whether the particular operation gives rise to any risk to safety, and if so, the extent of that risk, and what can be done to minimise or eradicate the risk;

·        If Cordia Services had carried out a proper risk assessment, it would have found that there was a potential means of reducing the risk.  It did not and was therefore in breach of its common duty.

The Supreme Court’s judgement places responsibility for workers when they are out and about in the public realm squarely back in the laps of employers.  It is another reminder to update risk assessments regularly, to evaluate risk properly and explore the means to reduce risks.  Peripatetic workers must be protected and it is the employer’s duty to protect them.  Simply conducting a tick-box exercise and then placing the risk assessment in a file will not suffice to protect employers from liability, whether civil, as in this case, or criminal.

Source: www.ioshmagazine.com

 

Sentence after worker injured at prison

Four different duty holders have been fined after a worker was injured while replacing a window at Leeds prison.

Leeds Magistrates’ Court heard how a window on the third floor at Leeds Prison was in need of replacing.  Four parties were involved with the installation and all were charged with safety breaches for their part in the incident.

Stuart Tombs was the site manager via his own company SJT Site management Limited (SJT).  SJT was contracted by Longcross Construction Limited (LCL), the principal contractor for the window replacement work.

Fewell Engineering Limited (FEL) were subcontracted by LCL, and it was an employee of FEL who was pushing a trolley with the new window on it when the incident occurred.

The court heard an employee of SJT was operating a mobile elevating work platform (MEWP) and driving it to the location of the work when one of the wheels struck the FEL employee and partially ran over his feet.

The injured man suffered multiple fractures in his right foot, a fracture of his left ankle and significant soft tissue damage to both feet.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 8 September 2014 found that Longcross Construction Limited, Fewell Engineering and SJT Site Management Limited, all failed to prepare suitable and sufficient Risk assessments and method statements for the operation.

It was also discovered Stuart John Tombs forged or fabricated site health and safety documents in an attempt to deflect responsibility.

Fewell Engineering Limited, of Fairfield Works, High Wycombe Buckinghamshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, and was fined £20,000 and ordered to pay costs of £702.

Longcross Construction Limited, of Hill House, Little New Street, London, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, and was fined £20,000 and ordered to pay costs of £303.

SJT Site Management Limited, of Watling Street, Bridgtown, Cannock, Staffordshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, and was fined £600 and ordered to pay costs of £199.

Stuart John Tombs, of Bondway, Hednesford, Cannock, Staffordshire, pleaded guilty to breaching Section 33(1)(1) of the Health and Safety at Work etc. Act 1974, and was fined £100 and ordered to pay costs of £149.

 

Worker falls down service shaft

A company in Derbyshire has been fined after a worker fell thirteen metres down a service riser shaft.

Leicester Magistrates’ Court heard how a 36-year-old worker, who was from Romania, was dismantling falsework (a form of temporary structure) in a building that was under construction at Fletcher Development, De Montfort University, Leicester.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 15 June 2015 found that there was an unsafe system of work and inadequate supervision of workers.

David Ashley Construction Limited, of Lydford Road, Alfreton, Derbyshire pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005, and was fined £20,000 and ordered to pay costs of £1,776.

Source: www.hse.gov.uk

Health and Safety in the news this week

Schools asbestos 'scandal' still threatening lives – report

Decades of lax attitudes towards tackling deadly asbestos in schools is a national "scandal" threatening the health of former, current and future schoolchildren, a wide-ranging investigation has found.

The Joint Union Asbestos Committee (JUAC) said examples of the problem in schools underlined "systematic failings" in the way it was dealt with by successive governments.  The JUAC said Whitehall had a "scandalous disregard for life" by permitting inadequate surveys and campaigning against compulsory detection that it said would help prevent future cases of asbestos cancer mesothelioma.

The report said successive governments failed to require schools to keep asbestos records and inform parents about the material in their child's school.  It said:

"This has enabled the culprits to evade responsibility for asbestos exposure leading to mesothelioma, allowing them to escape with impunity.  Nothing can be done to put right past asbestos exposure, but we must do more to protect future generations of school children and staff."

Asbestos can be found in wall panels, ceiling tiles, floors, fire breaks, columns, door frames, and ceiling and wall voids but it can also creep into classrooms and corridors if it is disturbed, such as through having children crashing into affected areas.  The UK currently has the highest incidence of mesothelioma in the world and it is steadily increasing.  According to the Health and Safety Executive, more people in the UK die from the disease than in road accidents. 

The report identified one asbestos victim, Sarah Bowman, who developed the disease in her 40s, more than three decades after leaving Braincroft Primary and William Gladstone schools in the Brent area of London.  She was said to have been too ill to attend the National Union of Teachers (NUT) conference in Brighton this weekend where the report was presented.

The report found the risk to children - including Ms Bowman's son, who attended one of the schools several years later - was underestimated because risk assessments and tests were designed for adults working with asbestos, and not for long-term exposure of children who are known to be more vulnerable.

JUAC said government documents released under Freedom of Information rules suggested full and comprehensive new laws to reduce the risk of exposure to asbestos were dismissed by politicians on cost grounds.

Mary Bousted, general secretary of the Association of Teachers and Lecturers (ATL), described the report as "shocking".

She said: "It is outrageous that staff and pupils are still dying from being exposed to asbestos in schools.  ATL has been campaigning about this for years. Action must be taken by the Government now."

Unite general secretary Len McCluskey said: "Only through the safe, planned removal of all the asbestos which still remains in place across the UK, will the deadly menace of asbestos be lifted from future generations."

Experts say the true scale of the problem is not known, because no comprehensive survey has been done to establish which buildings are affected.

Asbestos campaigner Hank Roberts, presenting the report at the NUT conference, said: "It is disgraceful. This document shows absolutely everything you can think of has been going wrong - negligence, deceit, lying.  Saying it is safe is an absolute lie."

A Department for Education spokesman said: "Nothing is more important than the health and safety of children and staff in our schools.  Since 2010, billions has been invested to improve the condition of the school estate, with a further £23 billion on school buildings to come over this Parliament.  This will help ensure asbestos is managed safely and that the amount in school buildings continues to reduce over time.  We have also published new guidance on managing asbestos in schools, and have transformed the way in which we collect information on asbestos to better our understanding."

Source: www.dailymail.co.uk

 

HSE prosecution round up:

Automotive company fined after worker loses finger

A Birmingham-based automotive company has been fined after a worker lost his finger.

Birmingham Magistrates’ Court heard how a welder at Lander Automotives Limited was expected to work on a variety of jobs as required by production.  While he was working on a machine the employee’s glove became entangled in the drill bit.  He suffered partial amputation to the third finger on his right hand.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 17 June 2015 found that the company failed to provide adequate training, a safe system of work, a risk assessment or method statement.

Lander Automotive Limited, of Clapgate Lane, Birmingham, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, and was fined £27,000 and ordered to pay costs of £1,574 and a £120 victim surcharge.

Solar panel specialists in court for roof light fall failings

 

A solar panel firm has been £153,000 after a worker was seriously injured in a fall through a fragile roof light at a private home in Kent.

The worker, from Ashford, fractured his shin and a vertebra in the incident at Elvington Lane in Hawkinge on 30 April 2013.

The roof light the 32-year-old man crashed through was on an outbuilding housing a swimming pool.  Although the water partially cushioned his fall, he made a heavy impact with the side and flooring around the pool, and was unable to return to work until January this year and only then on a part-time basis.

Glasgow-based P V Solar UK Limited was sentenced at Canterbury Crown Court after an investigation by the Health and Safety Executive (HSE) found that more could and should have been done to prevent the fall.

The court had heard in a hearing in January 2016, when the company pleaded guilty to three health and safety offences, that the injured worker was part of a three man team working on the pool building to replace faulty solar panels that were initially installed by the same company in April 2011.

The fragile roof also contained eight roof lights and he fell through one of these as he walked on the roof while carrying a panel.

HSE established that a scaffold tower, ladder and safety harness had been provided for the panel replacement work.  However, none of the installation team had received any formal training or instruction on how to use them.  This effectively rendered the equipment useless.  Other measures could also have been taken, such as providing full scaffolding or hard covers for the rooflights.

HSE established that although the initial installation work in 2011 was completed without incident, the safety equipment provided on that occasion was also lacking, which again placed workers at risk.

The court had also been told that P V Solar was served with a Prohibition Notice by HSE to stop unsafe work on a fragile roof in Bristol in May 2011.  The company was therefore well aware of the need to ensure that adequate provisions were in place to prevent or mitigate falls during work at height.

P V Solar UK Limited, of Cambuslang Road, Glasgow, was fined a total of £153,000 and ordered to pay a further £29,480 in costs after pleading guilty to three separate breaches of the Work at Height Regulations 2005.

After the hearing, HSE Inspector Melvyn Stancliffe said:

“The injured worker suffered serious injury in the fall and could have been killed.  He and his colleagues were effectively left to their own devices with equipment that was not wholly suited for the task at hand.  In short, better equipment, training and supervision should have been provided.  Working on or near a fragile roof or materials is not a task to be undertaken without proper planning, and without having the appropriate safety measures in place at all times. There is considerable free guidance available from the HSE regarding the precautions needed when working at height, including on or near fragile roof coverings.”

Source: www.hse.gov.uk

 

HSE Health and Safety Myths Buster

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

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

 

Health and Safety in the news this week

Cross-industry push to combat cancer risk from dust

A pan-industry approach to controlling mineral dust in the workplace could help to reduce the UK’s occupational cancer burden, according to IOSH.

Around 800 people in Britain a year die from lung cancer caused by prolonged exposure to respirable crystalline silica (RCS) at work, says the Institution of Occupational Safety and Health (IOSH), with 900 new cases being diagnosed annually.

Experts from across UK industry were brought together by IOSH in London on 14 March 2016 to debate whether a more collaborative approach to tackling silica dust at work can make a difference.

Representatives from the Health and Safety Executive, the Office of Road and Rail, Crossrail Ltd, the Mineral Products Association and Unite the Union were expected to be among those taking part in a roundtable discussion on the issue, facilitated by IOSH, at The Shard.

Shelley Frost, executive director of policy at IOSH, said:

“Silica dust exposure is a cross-industry issue.  Tackling it, therefore, requires a cross-industry approach.

We believe that we can beat occupational cancers if we work together to control the risks of exposure to the causes.  Joined up thinking, rather than each sector doing its own thing, has the potential to make a real difference in tackling this major occupational health issue.”

Ahead of the debate, IOSH conducted research with professionals working in the construction, rail, public services and mineral product sectors on silica dust exposure to identify common barriers to effectively controlling the issue.

A lack of understanding or awareness of silica dust as a hazard was the main cause highlighted. Resistance from employees to using controls, ineffective implementation of control measures in practice and employers not prioritising RCS as a significant hazard were also hampering efforts, they said.

Professor John Cherrie, from Heriot-Watt University and the Institute of Occupational Medicine in Edinburgh, who was due to take part in the discussion, said many employees are currently being exposed to RCS above the acceptable limit in the UK and throughout the world.

He said:

“Construction is the biggest industry where people can get exposed to respirable crystalline silica, but anyone working in a workplace that uses mineral products may face exposure.  It could be in foundries, at brickworks and quarries or premises where stone products are manufactured.

Dust can often be accepted as something that just naturally occurs as part of work processes, and it shouldn’t be.  If you can see dust you need to do something about it.

Getting people to change their attitude to dust and take this issue seriously is key.  This discussion is a real opportunity to shape how we deal with silica dust across industry in the years to come.”

The roundtable discussion was held to mark the launch by IOSH of new guidance for businesses on the issue of RCS.  The issue is one of five common agents associated with work-related cancer registrations and deaths in the UK that IOSH is raising awareness of through its No Time to Lose campaign.  Asbestos, diesel engine exhaust fumes, solar radiation and shift work are also being highlighted as part of the campaign, which aims to get work-related cancer more widely understood and help businesses take action. 

According to research by Imperial College London, 8,000 people die from cancer and around 14,000 contract the disease each year in the UK because of exposure to a work-related carcinogen.

Shelley Frost said:

“Whether you are an employer or employee, industry body or policy-maker, safety and health professional or occupational hygienist – we all have a part to play if we are to eliminate work-related cancer.”

For more information, visit www.notimetolose.org.uk.

Source: www.iosh.co.uk

 

HSE prosecution round up:

National Crane Company fined £750,000 for two deaths after collapse

A national crane hire company has been sentenced for failings that led to the death of two men as a crane collapsed in London.

Southwark Crown Court heard crane operator Jonathan Cloke, 37, died after falling from the crane as it collapsed.  It fell onto Michael Alexa, 23, a member of the public, and also killed him.

The court heard how sections of the tower crane, which was on a housing development in Thessaly Road, Battersea, separated when 24 bolts failed due to metal fatigue.

The 24 bolts were a significant safety feature on the crane’s slew ring, which connected the mast (tower) to the slew turret.  This allows the arms of the crane (jib) to rotate through 360 degrees.  When the bolts failed the slew turret and jib separated from the mast and fell to the ground.

The Health and Safety Executive (HSE) investigation into the incident, in September 2006, found Falcon Crane Hire Ltd did not investigate a similar incident which happened nine weeks before, when the bolts failed on the same crane and had to be replaced.

HSE found the company had an inadequate system to manage the inspection and maintenance of their fleet of cranes.  Their process to investigate the underlying cause of components’ failings was also inadequate.  It told the court the particular bolts were a safety critical part of the crane.  The court also heard the bolts failing previously was an exceptional and significant occurrence, which should have been recognised by Falcon Crane Hire.

Lilliana Alexa, Michael’s mother, said on behalf of her family:

“Michael was a lovely son, a wonderful big brother and a devoted father.  His son has had to grow up without the love and support of Michael, who adored him.  He was denied that opportunity because his life was taken away and with his, ours too.

The memories of that day will never leave our family.  We heard the crash and felt the ground shake.  I found Michael and it’s an image that haunts my nightmares.  If only we had stopped to chat or parked the car somewhere else he would still be alive.  We know we are not to blame but it does not stop us all feeling guilt.

We cannot comprehend how our beloved son, brother, father and friend who was so full of life has gone.  The whole crane industry must learn from our tragedy and the devastation it has caused.  We do not want another family to endure the same pain of losing their child.”

Mike Wilcock, HSE Head of Operations, said:

“Jonathan and Michael’s deaths were tragic, needless and entirely avoidable.  These two men need not have died had Falcon Crane Hire taken the right, decisive action when the bolts failed the first time.  The company fell far short of its health and safety obligation.”

Falcon Crane Hire Ltd were fined £750,000 and ordered to pay costs of £100,000 for breaching Sections 2 and 3 of the Health and Safety at Work Etc Act.

Family partnership fined after worker fell through skylight

A family partnership in Pembrokeshire has been fined after a worker fell through a skylight forming part of the roof of a cattle shed to the concrete floor below.

Haverfordwest Magistrates’ Court heard how the Rees family partnership of Gwynne (father), Margaret (mother) and Richard (son) had contracted the company Evans Agri Contracting (EAC) to carry out a one day silage harvest.

An employee of EAC became involved in sheeting the silage by lowering plastic sheeting from the roof of the cattle shed. The sheeting from the cattle shed roof was not part of the silage harvest contract but a job the Rees partnership was carrying out independently. The employee of EAC was assisting members of the Rees family partnership and was under their direction.

It was while doing this that the twenty-four year old worker tripped and fell through a skylight at least four metres to the concrete floor. He suffered a broken right arm and elbow and heavy bruising.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 17 June 2014 found that the work on the roof had not been planned and there was no safe system for the prevention of falls off or through the fragile roof.

Rees family partnership, of Dinas, Fishguard, Pembrokeshire, pleaded guilty to breaching Regulations 6(3) of the Work at Height Regulations 2005, and was fined £5,000 and ordered to pay costs of £1121.55.

 

Chemical company fined £200,000 following toxic chemical release

A chemical company was sentenced today in Leeds Crown Court for safety breaches when a very toxic chemical was ejected under pressure.

A company maintenance technician unintentionally opened a valve on top of an isotanker at Syngenta Limited’s Huddersfield plant resulting in the release of between 3.5 and 3.8 tonnes of paraquat dichloride solution. The Health and Safety Executive (HSE) prosecuted the firm over the incident.

Syngenta Ltd of Leeds Road Huddersfield pleaded guilty to breaching Regulation 4 of the Control Of Major Accident Hazards Regulations 1999 and Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £200 000 with £13 041 costs by Leeds Crown Court.

After the hearing, HSE inspector Angus Robbins commented: “This incident could have been prevented if Syngenta had properly assessed the real risk of the value being opened while the tank was under pressure”

Source: www.hse.gov.uk

 

HSE Health and Safety Myths Buster

Family told by undertaker that shoes are not allowed on deceased’s body for funeral

Issue

Family arranging a funeral told by undertaker that the deceased would not be allowed to wear shoes as it was against health and safety regulations.

Panel opinion

Health and safety at work legislation does not stop undertakers enclosing shoes in coffins. Depending upon whether the deceased is to be buried or cremated after the funeral, there may be other reasons for not allowing shoes but this should have been explained properly to the enquirer. It is certainly not a health and safety matter.