Health and Safety in the news this week

Myth or Reality? - A council has launch a crackdown on hairy workers as part of new health and safety regulations

Nuneaton and Bedworth Borough Council has told some of it staff to make sure they are clean shaven before going to work or risk disciplinary action.

Those affected are expected to wear special 'face fit' masks when dealing with dusty situations with asbestos potentially present.

The team, which includes those in the repairs department such as carpenters and plumbers, must wear the respiratory protective equipment (RPE) as what is being billed as a 'control measure' or face action including loss of pay.

If a worker is not clean shaven council chiefs say it affects the seal of the mask to the face, potentially creating leakages of airborne contaminants.

A council employee, who did not wish to be named, said:

"They're saying it's like wearing toe protector boots as a duty of care but the footwear doesn't impact on your appearance or personal preference when it comes to shaving.  We are basically being penalised if we are not clean shaven as you can come into contact with dust in a range of instances, some expected and some not."

Before the masks were given out, all affected workers had to undertake a supervised face fit test.

In the letter given to the affected staff, housing and communities director Dawn Dawson said:

"Once you have had your face fit test you should ensure that whenever the task that you are doing requires the use of a close fitting mask you are clean shaven so that the mask performs correctly.  If you are found wearing a mask and are not clean shaven you will be stopped from working until you have shaved. This may result on loss of pay and further action being taken."

What do the council say?

A council spokesman said:

"Health and safety legislation requires that employers must protect the health, safety and welfare at work of all their employees, as far as is reasonably practicable; it also states that employees have a duty to take care of their own health and safety and that of others who may be affected by their actions at work.  Employees must co-operate with employers and co-workers and comply with reasonable requests made by them, to help everyone meet their legal requirements. 

Where RPE has been identified as a control measure, for any task, it is important that the RPE is adequate and suitable.  To ensure that the selected RPE provides adequate protection for individual wearers, the Approved Codes of Practice supporting the Control of Substances Hazardous to Health Regulations and the Control of Asbestos Regulations stipulate that tight-fitting RPE must be 'fit tested'.  This helps to ensure that inadequately fitting face pieces are not used.  Ill-fitting face pieces can create inward leakages of airborne contaminants.  Individual face fit tests are required to ensure that the appropriate RPE is available.  The tests require individuals to be clean shaven as this affects the seal of the mask to the face and its ability to perform correctly.  Once individuals have had their face fit test, they must ensure that whenever the task that they are doing requires the use of a close fitting mask, they are clean shaven so that the mask performs correctly.  If a member of staff is found wearing a mask and is not clean shaven, for their own safety they will be stopped from working until they have shaved.

In accordance with Health and Safety legislation and guidance, provision has been made for those who for either religious or medical reasons are unable to wear close fitting masks and we have even extended this to those people who have had a substantial beard for a number of years. This is done by way of powered hood respirators.

It is in all our interests to ensure that we comply with all relevant Health and Safety Legislation and regulations."

Source: Coventry Telegraph

Construction worker killed on Queensferry crossing

A 60-year-old construction worker has died after an incident on the Queensferry Crossing near Edinburgh in Scotland.

The man is understood to have been hit by a moving boom on a Giraffe crane at about 12:20 on the deck of the north tower.  It is reported that he suffered severe blood loss and was unable to be resuscitated.  Another man is reported to have been injured.

Work on the bridge has stopped for investigations to take place.

The £1.4bn Bridge was due to be completed by the end of the year, and was ordered by ministers because of corrosion at the main suspension cable on the Forth Road Bridge.  Work began in 2011 and this death is understood to be the first fatality at the site.

A Forth Replacement Crossing spokesman said:

“We are deeply saddened to have to confirm there was an incident just before noon on 28 April on the Queensferry Crossing’s north tower in which a person has lost his life.  One other person has been taken to hospital.  All activity has been stopped at the north tower.”

Harry Frew, Ucatt Scottish regional secretary, told the BBC Scotland news website: 

“We were just on our way back from a Workers’ Memorial Day ceremony in Glasgow Green to commemorate workers who have been killed at work when we heard the news.  I am very saddened about this tragedy and our thoughts are with his family.”

The police are working to investigate the incident on the crossing, and inquiries are ongoing.

Source: www.shponline.co.uk

HSE prosecution round up:

Equipment Safety - Major frozen food manufacturer fined for safety failings

A major frozen food manufacturer based in Whittlesey, near Peterborough, has been fined £800,000 for safety failings after an employee nearly lost his arm.

Peterborough Crown Court heard how a 34-year-old employee was attempting to check the condition of the head roller on a bypass conveyor.  While doing this his arm became entangled in the machinery and his arm was almost severed.  Although his arm was saved, he now has limited movement in his hand.

An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on the 21 August 2014, found that the conveyor did not have the correct guards fitted.  A risk assessment of the machine by the company failed to recognise the danger.

McCain Foods (GB) Limited of Havers Hill, Eastfield Scarborough, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and Section 2(1) of the Health and Safety at Work etc Act 1974, and was fined £800,000 with costs of £12,831.51.

Plastics manufacturer fined for death of worker

A plastics manufacturer from Cambridgeshire has been fined and given a suspended sentence after a worker died after she was crushed by printing machinery.

Peterborough Crown Court heard how a 23-year-old agency worker from Lithuania was working in a print room for Gordon Leach, who trades as RGE Engineering Company.

On 27 April 2012, the worker entered the printing machine to apply thinners to the ink when the machine started.  Her head was crushed between the printing pads and the printing table of the machine, fatally injuring her.

An investigation by the Health and Safety Executive (HSE) into the incident found that there was no effective system of guarding to the machine and the incident could have been prevented.

Gordon Leach (trading as RGE Engineering Company), of The Avenue, Godmanchester, Cambridgeshire, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was given a 15 month sentence, suspended for 24 months, was fined £7,500 and was ordered to pay full costs of £45,000.

Crystal Company sentenced over injury to worker

A Cumbrian lead crystal manufacturer has been fined after an employee suffered a serious hand injury while using machinery.

Laura Ponsford, who was 21 at the time of the incident in February last year, had the middle finger of her right hand torn off while operating a drill to widen the neck of a glass bottle.

Preston Crown Court heard the investigation by the Health and Safety Executive (HSE) into the incident at Greatdale Ltd (trading as Cumbria Crystal) found the firm had failed to prevent operatives from accessing dangerous parts of machinery.

Mrs Ponsford, 21, had only been working at the defendant’s premises at The Lakes Glass Centre, Ulverston, for one year and has since left the company.

The court heard on the afternoon of 20 February 2015, she was using a ‘pillar drill’ to widen (or ream) the neck of a glass bottle. The chuck and reamer were unguarded.  Mrs Ponsford was wearing latex gloves while performing this task, however the glove on her right hand became entangled within the rotating parts of the reamer resulting in the middle finger of her hand being severed.

She underwent 10 hours of surgery to reattach the finger but unfortunately she was later told the operation had not been successful and had to undergo a further operation in March 2015 to have the finger surgically amputated to below the second knuckle.

HSE told the court the incident could have been prevented if a suitable and sufficient risk assessment had taken place with regard to the drill and practicable control measures to prevent access to dangerous parts of machinery had been in place.

Greatdale Limited (trading as Cumbria Crystal) of The Lakes Glass Centre, Oubas Hill, Ulverston, Cumbria, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £15,000.

After the hearing HSE inspector Leona Cameron said: “This incident could have been prevented simply by providing guarding to prevent access to dangerous parts of the machine.

“The need to guard dangerous parts of machinery is well known with established industry guidance available, and in this case, the result of that guidance being ignored is a serious injury to a young woman.”

Source: www.hse.gov.uk

Health and Safety in the news this week

£2m fine for Travis Perkins after death

Travis Perkins, a builders’ retailer, has been fined £2 million after the death of a customer in Milton Keynes.

Mark John Pointer was crushed by a company vehicle at Travis Perkins Trading Company Limited in Old Wolverton in November 2012.  Mr Pointer, 44, was loading planks of wood onto the roof rack of his Land Rover when he feel backwards onto the yard surface.  He was then run over by a company vehicle operating in the yard.  Mr Pointer died from crushing injuries.

Travis Perkins pleaded guilty to two offences under the Health and Safety at Work etc Act 1974.

The company initially denied the causal link between the offences and the death but subsequently conceded that point.

Travis Perkins appeared at Amersham Crown Court, and was fined £2 million and ordered to pay prosecution costs of £114,812.76.

Martin Brown, Environmental Health Team Leader with Milton Keynes Council, said: “We are pleased with the result and fine imposed as it reiterates the importance of treating health and safety seriously.

“Individuals falling whilst loading and unloading vehicles is a common risk.  The company had failed to ensure loading and unloading activities were undertaken in a safe manner in a safe area.”

In sentencing the company, Judge Justin Cole said he took the view that this “was an accident waiting to happen”.

Source: www.shponline.co.uk

HSE prosecution round up:

Roofing firm fined over safety breach

A roofing firm from Malton was fined for safety breaches after a worker fractured his skull following a fall from height.

Mitchell Roofing Ltd, was contracted to replace existing rooflights at Monk Bridge Construction Co Ltd, Elvington, York. The injured worker slipped and fell some seven metres through the inner roof sheet sustaining severe injuries.

During its investigation, the Health and Safety Executive (HSE) learned that there was no risk assessment in place for the job, and no precautions had been taken to prevent falls from the edge of the roof or through various fragile elements.

The defendant had previously clad a new building on the site without incident, using appropriate precautions, but the minor work of replacing the panels in an existing roof was not planned, and no precautions were followed.

Mitchell Roofing Ltd of Derwent Road, Malton was found guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and was fined £10,000 with £1,355 costs by York Magistrates Court.

After the hearing, HSE inspector Julian Franklin commented: “Basic precautions for roof work and better planning of the job should have been applied.  Even short duration work on fragile roofs should be properly assessed and managed.”

Worker injured when skip loader overturned

A Cambridge construction firm has been fined after a skip loader overturned injuring a worker.

Cambridge Crown Court heard how Mead Construction (Cambridge) Limited was making a sewer connection from a domestic property at Hop Row, Haddenham to the main sewer.  A worker was driving a skip loader, tipping spoil onto a spoil heap when the vehicle overturned trapping his leg.  He suffered fractures to his right ankle and sprained ligaments.

An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on 4 February 2015, found that there was a failure to plan, manage and monitor work using a skip loader, including allowing an untrained employee to use the vehicle whilst not wearing a seatbelt.

Mead Construction (Cambridge) Limited, of Heath Road, Swaffham Prior, Cambridgeshire pleaded guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007, and Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £40,000 and ordered to pay costs of £5,787.

Worker loses life after fall from roof

A Birmingham maintenance company has been fined after a worker died as a result of falling from the roof of a five-storey building.

Birmingham Crown Court heard how H20 Plumbing Services Limited were contracted to carry out repairs to two motor rooms situated on the roof of a building on Hagley Road, Birmingham.

Two workers set up a station immediately outside of a protected area in which to mix some mortar due to lack of space.  The mixing station consisted of a tarpaulin sheet placed on top of the roof with a plasterer’s bath placed on top.  The corners of the tarpaulin sheet were weighted down with bags of rubble.  At the end of the working day, the employees were cleaning up and as they moved the mixing bath, the sheet of tarpaulin blew open due to the wind and landed over the edge of the building.  As one of the workers attempted to retrieve the sheet he stepped off the side of the building, falling 14 metres, suffering fatal injuries.

An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on 10 October 2014, found that H20 Plumbing Services Limited failed to ensure the safety of its employees during the external repair work.

After the incident, HSE Inspector Amy Kalay commented: “This incident was obviously foreseeable.  The employees of H20 working at the site were effectively left to their own devices with equipment and a system that was not wholly suited for the task at hand. 

A suitable and sufficient assessment of the risk, suitable planning, implementation of suitable control measures and adequate and effective site supervision would have prevented this incident from occurring.”

H20 Plumbing Services Limited, of Lee Trading Estate, College Road, Perry Barr, Birmingham pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, and was fined £100,000 and ordered to pay costs of £25,000.

Company fined after worker is fatally crushed in trench

A company has been fined £2.6 million after an employee was killed when the trench he was working in collapsed on him in Lancashire.

James Sim, a 32-year-old worker, from Barry, South Wales, a sub-contractor working on behalf of Balfour Beatty Utility Solutions Limited.  On the 14 April 2010, Mr Sim was working in a trench, laying ducting for new cable for an offshore windfarm that was being built off the coast by Heysham, Lancashire.  The trench was dug to a depth of 2.4 metres, without any shoring.

Mr Sim was killed when he became trapped in the trench after it collapsed on him.

Balfour Beatty Utility Solutions Limited pleaded guilty at Preston Crown Court today after an investigation by the Health and Safety Executive (HSE).  The Court heard that Balfour Beatty failed to adequately risk assess the works or control the way in which the excavation took place.

HSE inspector Chris Hatton said after the hearing: “The level of this fine should serve as a warning to industry not to ignore health and safety matters.  Balfour Beatty failed to adequately assess, plan and supervise the work being undertaken.  Trench collapses are easy to prevent, and it is disappointing that James’ life was lost in such a tragic way.  The family has shown great patience and support throughout this investigation which is a credit to both them and James’ memory.”

Balfour Beatty Utility Solutions Limited, of Park Square Newton, Chambers Road, Chapeltown, Sheffield pleaded guilty of breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, Regulation 31(1) of the Construction (Design and Management) Regulations 2007 and Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999 and was fined £2.6million with £54,000 costs.

Scaffold company fined for safety failings

A Scaffold company in Bridgend has been fined for safety failings following a routine inspection.

Llanelli Magistrates’ Court heard how OW Scaffolding was working at Heol y Parc, Cefneithin when they had a routine inspection which highlighted several safety failings.

An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on 30 September 2015, found that there was poor planning, inadequate risk assessments, inadequate site supervision and inadequate and insufficient equipment.

OW Scaffolding Limited, of Village Farm Industrial Estate, Pyle, Bridgend, pleaded not guilty to breaching Regulation 4 of the Work at Height Regulation 2005 but was tried in its absence and found guilty and fined £1,000 and ordered to pay costs of £3,700.

Company fined after agency worker seriously injured

A Suffolk cargo handling company has been fined £100,000 after an employee suffered serious injury when a sheet of marble weighing one tonne fell on him. 

Ipswich Crown Court heard how an employee of Extreme Handling Limited was working at GMA Warehousing and Transport Limited’s Felixstowe site.  He was assisting a fork lift truck operator to move a one tonne sheet of marble from a container when it fell on him. He sustained serious and extensive crush injuries to his legs as well as a fractured sternum and severe lacerations to the back of his head. 

An investigation by the Health and Safety Executive into the incident, which occurred on 15 August 2014, found that there was an unsafe system of work being used to move the load. 

GMA Warehousing and Transport Limited, of Central Avenue, Ransomes Europark, Ipswich, Suffolk, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, and was fined £100,000 and ordered to pay costs of £9938.38. 

HSE inspector Jessica Churchyard said after the hearing: “Employers have an absolute duty to ensure that they do everything reasonably practicable to ensure the health and safety of their employees.” 

Source: www.hse.gov.uk

 

 



Consultants out and about…

Rob saw this construction worker carrying out cutting work on the pavement in the busy High Street in Croydon, totally oblivious to passers by and people waiting at the bus stop, and with no safety measures in place.

 

 

 

 

 

 

 

 

 

 

 

Health and Safety in the news this week

Health and safety law 'misused', minister warns

A government minister has written to schools and local authorities in England urging a more common sense approach to health and safety.

Work and pensions minister Mike Penning described those who misuse the legislation as "jobsworths".

He said he wants to avoid situations like a ban on school pupils wearing frilly socks after one girl fell over.

Nearly 300 people have contacted the Health and Safety Executive (HSE) to challenge recent decisions.

They include a council preventing loose flowers and pots being placed on graves and a school sports day being cancelled - because there was dew on the grass.

Mr Penning said: "Health and safety has long been used as a smokescreen by jobsworths who have little knowledge of the law and who want to fob people off with an easy excuse."

Judith Hackitt, who chairs the HSE, said: "I would urge all decision makers to take a step back and ask themselves whether a decision made in the name of health and safety is actually just an excuse for something else.

Real health and safety is about protecting people in the workplace from life and health threatening risks - it is not about stopping a child taking a baby chick into school, or banning indoor dog training.

Own up to the real reasons behind the decision, don't just reach for the easiest excuse."

Almost 300 people have contacted the "myth busters" challenge panel set up by the HSE two years ago to report misinterpretations of the law.

Professor Paul Almond of the University of Reading, who has written a book on health and safety myths, said of the minister's intervention: "It's great that he's recognised that all of these stories are actually myths and wants to support real proper health and safety instead."

Source: www.bbc.co.uk/news/uk

HSE prosecution round up:

Construction company fined after worker injured falling through void

A construction company based in Derbyshire has been fined after a worker was seriously injured when he fell through a void.

Edinburgh Sheriff Court heard how a worker employed by a sub-contractor working for Bowmer and Kirkland Limited, was contracted to pour concrete onto the first floor of a building that was under construction at Fort Kinnaird Retail Park, Edinburgh.

The employee was walking across a floor that was under construction when his boot caught and he tripped.  He dislodged an unsecured wooden board which had been placed over the void and exposed an opening of 2 x 1 metres.

He fell approximately 4.5 metres through a void in the first floor and sustained serious injuries to his back as well as a broken foot.  He was off work for twenty-two weeks and suffers continuing pain.  He has reduced mobility, finding it difficult to walk or sit for long periods.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 16 May 2014 found that the company failed to take suitable and sufficient measures by not fixing the wooden panels placed on the void to prevent a fall.

Bowmer and Kirkland Limited, of High Edge Court, Church Street, Heage, Belper, Derbyshire, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulation 2005 and was fined £6,600.

Young apprentice loses finger on rotary press

The owner of a business that manufactures specialist adhesive tape for industrial applications has been fined after a young apprentice lost his finger on a rotary die press.

Nuneaton Magistrates’ Court heard how the 16-year-old apprentice was adjusting guides on a laminating head which is part of a rotary die press. Whilst making the adjustment he tripped, put his hands forward and his index finger got caught in the drive gear at the rear of the laminating unit. His finger needed to be amputated as a result.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 9 September 2014 found that the machine did not have appropriate measures, namely guards, in place to prevent access to dangerous parts of the rotary press.

James Fussell (trading as Tecman Speciality Materials), of Berrington Road, Leamington Spa, Warwickshire, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £6,000 with £1,754 costs.

After the hearing, HSE Inspector Michelle Morrison said "If the company had ensured that access to the dangerous moving parts of the rotary die press had been prevented,  then this young man would not have lost the top of one of his fingers. This was an entirely preventable incident".
 

Company fined after worker falls five metres from flat roof

A signage company based in Sheffield, has been fined after a worker fell five metres from a flat roof.

Chesterfield Magistrates’ Court heard how Warburton Signs Limited were contracted to erect a large sign to the gable end of an industrial building. Three fitters accessed a neighbouring flat roof to fit the sign when one worker fell from the roof. He sustained life threatening injuries, including a fractured skull, several broken ribs, a collapsed lung and chipped vertebra.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 13 April 2015 found Warburton Signs Limited failed to put in place any measures to prevent a fall from height.

Warburton Signs Limited, of Trident House, High Street, Beighton, Sheffield, pleaded guilty to Regulation 4(1) of the Work at Height Regulations 2005, and was fined £20,000 and ordered to pay costs of £1538.

HSE inspector Helen Barley said after the hearing: “Failure to prevent falls when working at height can lead to serious injury or death.”

Torquay man put lives at risk through illegal gas work

A pub worker has been sentenced for illegally installing gas pipework and a gas boiler at a flat in Torquay.

Geoffrey Voss, aged 59, who works as a barman at a pub in Torquay, installed the gas pipework and gas boiler at a flat on Old Torwood Road, Torquay despite him holding no competencies in gas work and despite him having never been registered with Gas Safe Register for any gas work.

He was prosecuted after his illegal activities were investigated by the Health and Safety Executive (HSE).

Newton Abbot Magistrates’ Court heard that Mr Voss’s illegal gas work came to light when the homeowner repeatedly asked him for the commissioning documentation for the new gas boiler that he had installed. Mr Voss never produced the document and the home owner then raised his concerns with Gas Safe Register.

During the HSE investigation Mr Voss admitted that he had not commissioned the gas boiler after he had installed it. Such commissioning should have included tests to ensure that the boiler that he installed wasn’t producing high levels of carbon monoxide, but he left the boiler working without the tests being undertaken, putting the homeowner at risk from deadly carbon monoxide poisoning.

Geoffrey Voss of South Street, Torquay, pleaded guilty to breaching Regulation 3(3) and 33(1)(c) of the Gas Safety (Installation and Use) Regulations and was sentenced to 36 weeks imprisonment suspended for 2 years and ordered to pay £757 in costs.

HSE Inspector Simon Jones, speaking after the hearing, said: “Only engineers with the correct competencies and who are registered with Gas Safe can legally carry out gas work and it is fortunate no-one was harmed as a result of Mr Voss’s illegal work.

“Once a gas boiler has been installed it should always be properly commissioned to ensure that it is operating safely. In this case Mr Voss did no such safety checks after his illegal work, leaving it to chance that there would not be a risk of fire, explosion or carbon monoxide poisoning.”

Source: www.hse.gov.uk

 

 

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.