Health and Safety in the news this week

 

Didcot power station: Search resumes after demolition

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Search efforts for three men killed in the Didcot power station collapse have resumed after the remainder of the boiler house was demolished.

A remote demolition brought down the decommissioned site in a unique operation using remote-controlled robots.

Ken Cresswell, 57, John Shaw, 61, and Chris Huxtable, 34, were trapped under rubble on 23 February.  The body of Michael Collings, 53, of Teesside, was recovered.

The building - which was due for demolition when it partially collapsed - had been too unstable to be approached afterwards.

RWE Npower, which owns the site, said the demolition had "gone as planned" and all of the structure was brought down.

A spokesman said:

"Now the building has been brought down, an inspection has confirmed the area and debris pile are safe and our contractors have resumed the recovery operation. We will continue working seven days a week, 12 hours a day to help return these families' loved ones to them as soon as possible."

The firm added it understood the time it was taking to recover the bodies had been "deeply upsetting" for their families.

The charges went off and the building came down very quickly, covering the entire site in a dust cloud.

Families of the missing men watched from within the boundary of the power station.

The search was halted in May when contractors reached a 50m (164ft) exclusion zone, beyond which it was considered too dangerous to continue.

The families of the three men yet to be recovered had opposed plans to use explosives for the demolition.

Ken Cresswell and John Shaw were both from Rotherham, while Chris Huxtable was from Swansea.

Steve Hall, son-in-law of Mr Cresswell, previously said: "We want the men back in one piece, not many pieces."

Source: www.bbc.co.uk

HSE prosecution round up:

Drinks manufacturer in court over worker’s loss of hand

^[1]

An Ellesmere Port based home brewing kit manufacturer has been fined after an employee’s right hand was severed while cleaning a blending machine.

SPL International Ltd was prosecuted by the Health and Safety Executive (HSE) following an incident at Poole Hall Industrial Estate, Ellesmere Port on the 21 October 2014.

Liverpool Magistrates’ Court heard the worker’s injuries led to his right hand below the thumb and fingers being severed.  He has been unable to return to work since.

On the day of the incident the employee was asked by his supervisor to clean the ‘Ritchie blender’, a Kek Gardner horizontal cantilever mixer, a job which he has done before.

After turning the blender off at the mains he cleaned and dried the inside of the blender and turned the power back on.  Sometime later water was seen dripping from the rim of the outlet hole underneath.  While attempting to dry the rim he put his right hand into the access hole and his hand made contact with the blades.  The machine was still running and there was nothing in place within the machine to stop his hand making contact with the blades.

SPL International Ltd, of Poole Hall Industrial Estate, Ellesmere Port, Cheshire, pleaded guilty to a breach of Section 2 (1) of the Health and Safety at Work etc. Act 1974 after failing to carry out a risk assessment in relation to the risks arising while undertaking cleaning of the blender.

The company was fined £8,000 and ordered to pay prosecution costs of £7004.

Speaking after the hearing, HSE Inspector Jane Carroll said:

 “This case is a stark reminder of the consequences of a failure to adequately guard machinery and implement safe systems of work for cleaning and maintenance activities.”

Company fined for safety failings after worker injures hand on lathe

A company in Leeds, has been fined after a worker suffered injury when his hand came into contact with a lathe.

Rotherham Magistrates’ Court heard how an employee of Rotherham Group Realisations Limited was tasked with turning and polishing metal bars with no specific instructions on how this should be completed.

He was holding an emery cloth in his gloved hand around the rotating lathe when his hand came into contact with the lathe.

He sustained fractures to his right arm, wrist and hand.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 17 September 2014 found that the risk assessment for using the lathe was not suitable or sufficient.

There was no written safe system of work for polishing on the lathe.

Rotherham Group Realisations Limited (formerly known as MTL Group Limited), of Bridgewater Place, Water Lane, Leeds, 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 £4,316.

Engineering company fined for safety failings

An engineering company based in High Peak has been fined after a worker was injured.

Stockport Magistrates’ Court heard how Darren Combs, a 50 year old fabricator/welder from Manchester was working for Thornsett Engineering Limited.

He was manufacturing aluminium parts using a three roll bender when the gloves he was wearing caught between two of the rollers.

Mr Combs eventually released his hand from the glove, but as a result of his injuries he lost the ring finger on his left hand and his middle finger was mangled.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 25 March 2015 found the risk assessment was not suitable and sufficient and did not identify the risk of entanglement from wearing gloves.

There was inadequate monitoring and review of risk assessments and procedures, and no competent health and safety advice at the company.

Thornsett Engineering Limited, of Thornsett Trading Estate, Birch Vale, High Peak, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, and was fined £16,000 and ordered to pay costs of £2,843.

Engineering worker suffers life changing injuries

Engineering firm, Point Engineering (Hull) Ltd was sentenced today for safety breaches after a marine hatch and frame weighting more than 500 kilograms fell forward seriously injuring an employee and narrowly missing another person.

The injured person was preparing the marine hatch for inspection and used a sling and overhead crane to move it to a vertical position so that the hinge could be stamped with an approval mark by a surveyor who was with him.

The marine door fell onto Richard Blake, 63, a welder and fabricator at the company, trapping his pelvis and legs, the surveyor, who was approximately one metre away from him narrowly escaped injury when the hatch and frame grazed the toe of his safety boot.

Mr Blake, suffered a shattered pelvis and broken hip when the accident happened in February 2014. The Health and Safety Executive (HSE) prosecuted the firm over the incident.

Point Engineering (Hull) Ltd of Lee Smith Street, Hull, pleaded guilty to breaching Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999, and was fined £30,000 with £24,577 costs at Hull Crown Court.

After the hearing, HSE inspector Sarah Lee commented:

 

“If the job had been correctly planned and risk assessed then a safe way of doing the job could have been established.  Sadly it was not, which lead to Mr Blake suffering from these terrible injuries.”

Source: www.hse.gov.uk

 

 

Consultants out and about…

This worker was setting up a street market in Croydon last week when he was seen by our consultant Michael Broder.  He was standing on top of a diesel generator and smoking too!

 

Health and Safety in the news this week

Annual workplace fatality statistics published

Provisional annual data for work-related fatal accidents in Great Britain’s workplaces was released on 6^th July.

The long term trend has seen the rate of fatalities more than halve over the last 20 years. However, provisional figures indicate that 144 people were killed while at work in 2015/2016 – up from 142 in 2014/5.

The Health and Safety Executive has called on all sectors to learn lessons to ensure workers return home safe from work.

Martin Temple, HSE Chair said:

“One death at work, or life needlessly shortened, is one too many and behind every statistic lies a real story of loss and heartbreak and families left to grieve.

Britain has one of the best health and safety systems in the world, but we should always be looking to improve and to prevent incidents that cost lives.

This year HSE travelled the country asking industry representatives, employers, unions, workers and others what they could do to help GB work well.  The response was hugely encouraging and I would like to ask people to deliver on the commitments made, that will help keep Britain’s workers alive.”

The new figures show the rate of fatal injuries in key industrial sectors:

• Forty-three workers died in construction, the same as the average for the previous five years.
• In agriculture there were 27 deaths (compared to the five-year average of 32).
• In manufacturing there were 27 deaths (compared to five-year average 22), but this figure includes three incidents that resulted in a total of eight deaths.
• There were six fatal injuries to workers in waste and recycling, compared to the five-year average of seven, but subject to considerable yearly fluctuation.

There were also 103 members of the public fatally injured in accidents connected to work in 2015/16, of which 36 (35 percent) related to incidents occurring on railways.

Comparisons of fatal injuries by country or region are based on where the accident occurred.  After taking industrial composition into account, those regions and countries with seemingly higher rates are not (statistically) different to the rest of GB.  In 2015/16 the highest fatal injury rates across all countries and regions were Wales (0.93 per 100,000 workers); Scotland (0.60); and Yorkshire and the Humber (0.58).  Due to the relatively small numbers and to reduce some of the yearly fluctuation, when averaged across a five-year time period to 2014/15 those regions with the highest fatal injury rates were also Wales (0.81), Scotland (0.73) and Yorkshire and the Humber (0.70).

The statistics again confirm the UK to be one of the safest places to work in Europe, having one of the lowest rates of fatal injuries to workers in leading industrial nations.

HSE has also released the latest available figures on deaths from asbestos-related cancer.  Mesothelioma, one of the few work related diseases where deaths can be counted directly, contracted through past exposure to asbestos killed 2,515 in Great Britain in 2014 compared to 2,556 in 2013.

A more detailed assessment of the data will be provided as part of the annual Health and Safety Statistics release in early November.  As this draws on HSE’s full range of sources, including changes in non-fatal injuries and health trends, it will provide a richer picture on trends.

Further information on these statistics can be found at http://www.hse.gov.uk/statistics/fatals.htm

HSE prosecution round up:

Timber Company fined for safety failings

A Timber company based in Somerset has been sentenced for safety failings relating to a construction project.

Oxford Magistrates’ Court heard how The Timber Frame Company (TFC) was contracted to work at Tracey Farm, a country retreat.

The Health and Safety Executive (HSE) served a Prohibition Notice on the company prohibiting work at height approximately three metres above the ground without adequate precautions.

An investigation by the HSE found that work at height had not been properly planned or carried out safely.  The company did not have suitable and sufficient measures to prevent workers from falling and sustaining injury.  A Prohibition Notice (PN) was served and found to be breached when further unsafe work at height took place at the same location the following day.

The Timber Frame Company, of Red Cross Hall, High Street, Bruton, Somerset, pleaded guilty to breaching Section 33(1)(g) of the Health and Safety at Work etc Act 1974, and was fined £8,000 and ordered to pay costs of £1,133.

HSE inspector Peter Snelgrove said after the hearing: “If HSE visits a construction site and has to issue a prohibition notice preventing further work that shows there is a very real and immediate risk to workers.

“This case should act as a warning to other construction firms.  The notices that HSE serve are legally enforceable and companies will find themselves in court if they fail to take action.”

Worker injured when entangled in machinery

An engineering company based in Sheffield has been fined after a worker became entangled in machinery.

Sheffield Magistrates’ Court heard how an employee of Special Machined Products Limited (SMPL) became entangled with a rotating metal bar being used to prevent materials being ejected from the lathe he was operating.  The employee’s jumper became entangled with the rotating ‘stop’ bar as he lent over the lathe to reach spare cutting tips.

He suffered severe trauma to the lower left arm.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 1 October 2015 found that the company had not identified the use of the stop bar in their risk assessment or the hazards it created.

Special Machined Products Limited, of Bessemer Road, Sheffield, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, and was fined £55,000 and ordered to pay costs of £2,107.

Worker injured in unguarded machinery

A Monmouthshire based company has been fined after a worker suffered injury in machinery.

Newport Magistrates’ Court heard how an employee of Reid Lifting Limited was using an unguarded milling machine to manufacture an aluminium component.

As he tried to brush some debris away, the index finger of his gloved left hand snagged in the rotating tool and it pulled his hand into the tool.  He suffered a deep cut to his index finger and severing of his flexor tendon.

An investigation by the Health and Safety Executive (HSE) into the incident which happened on 26 November 2014 found there were no guards fitted to either of two of the company’s milling machines.

After the hearing, HSE inspector Katherine Lawrence said:

“Vertical milling machines have the potential to be very versatile and there can be occasions where work pieces that could be completed on the machine might pose challenges to normal safeguarding arrangements.  However, the solution is not to remove the machine’s guards and rely on the operator’s skill.”

Reid Lifting Limited, of Newhouse Farm Industrial Estate, Chepstow, Monmouthshire, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998, and was fined £12,000 and ordered to pay costs of £7,566.

London borough council fined for safety failings

A London borough council has been fined after a road worker suffered serious injury whilst cutting trees.

Southwark Crown Court heard how an employee of London Borough of Havering sustained a serious cut injury just above his left knee after a Sthil cut-off saw he was using was fitted with an inappropriate blade and used to cut tree roots and branches with.

The blade became stuck and on pulling it free the blade ran across the top of his left knee.

He suffered a deep cut above the left knee damaging ligaments and cartilage requiring sixty stitches.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 2 March 2015 found that the wrong equipment was being used for the task. No risk assessment was conducted for the use of the saw and blade.

A safe system of work should have been in place that identified suitable and compatible machinery for certain tasks.

London Borough of Havering, Town Hall, Main Road, Romford, pleaded guilty to breaching Regulations 4(2) and 4(3) of the Provision and Use of Work Equipment Regulations 1998, and was fined £500,000 and ordered to pay costs of £8,240.

Worker dies at Portsmouth ship scrapping yard ^[1]

A ship building and repair company, Diverse Ventures, has been fined following the death of a worker who was hit by a mooring rope.

Hove Crown Court heard that 50-year-old Paul Hudghton died after being hit by a rope being used to pull the jib of a small Tori crane back into position at Tipner Wharf, Portsmouth.

He suffered significant head injuries as a result of the rope breaking under tension and striking him.  He was not part of the work activity, but was standing in the danger area of the operation.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 21 November 2012 found that there was no management of safety during the activity, or any suitable and sufficient risk assessment.

HSE inspector Joanne Williams said after the hearing:

“This case, which resulted in fatal injuries, highlights the very need to ensure work is adequately assessed and planned, and carried out in a manner which is safe, taking into consideration not only the safety of employees but the safety of others who may be affected by your work.”

Diverse Ventures Limited of Waterlooville, Hampshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £45,000, with costs of £9,000.

Construction worker crushed by excavator on school demolition site.

A construction company was sentenced today after a worker suffered crush injuries when he was hit and then run over by an excavator.

Complete Demolition Ltd had been contracted to demolish a school on the site at Stanney Lane, Ellesmere Port to make way for a new leisure centre when the incident occurred.

The firm was prosecuted by The Health and Safety Executive (HSE) after an investigation found arrangements ensuring pedestrians and vehicles were separated were inadequate. There was insufficient control of workers on the site.

The incident occurred on the 27 November 2013 while the site was being cleared.  The driver of a Complete Demolition Ltd skip wagon was attempting to reverse the skip into an area that was already occupied by a 40 tonne excavator but was manoeuvring out of the way.  A worker was standing in the same area as the skip wagon and excavator and as the excavator moved it hit the worker knocking him to the ground where its tracks ran over his left foot.

Liverpool Crown Court heard the 45-year-old father of four has been severely affected by his injuries.  He has undergone several operations to rebuild his foot.  He is still in constant pain and is unable to work.

Complete Demolition Ltd of Stafford House, Westbury Industrial Estate, Hyde pleaded guilty to breaches of Section 2 (1) of the Health and Safety at Work etc. Act 1974 and Regulation 13(2) of the Construction (Design and Management) Regulations 2007, and was fined £40,000 with £7,246.95 costs.

Speaking after the hearing HSE Inspector Deborah Walker said:

“This was an entirely foreseeable incident which could have been avoided. The company failed to properly plan for the duration of the works putting pedestrians at risk.”

Source: www.hse.gov.uk

Consultants out and about…

 

Our consultant James Evans saw this scaffold tower being propped up by an excavator!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HSE prosecution round up:

Horticultural Firm Fined over Multiple Safety Failings

William Sinclair Horticulture Limited, has been fined over two separate incidents that occurred at their Ellesmere Port and Lincoln sites.  The incident at Ellesmere Port resulted in serious injuries to a worker as he fell from an unsecured ladder.

On the 8 January 2015, Darren Taylor, aged 40, was assisting in a deep clean of conveyor belts at the Ellesmere Port site and used a ladder so that he could remove guards for access.  As he ascended the ladder it moved, causing him to fall 1.75 metres to the ground.

The Health and Safety Executive (HSE) investigation found that the company did not have a risk assessment or safe system of work for the cleaning of the conveyor belts or for the safe use of ladders.  None of the workers involved in cleaning the conveyor belts on the day of the incident had received training in the safe use of ladders.

Bolton Magistrates’ Court heard that from February 2014, William Sinclair Horticulture Limited had previously received two formal HSE warnings that there was an issue on site in relation to unsafe work at height, but the company failed to take adequate action.

The Court also heard that William Sinclair Horticulture Limited failed to heed the advice of an HSE Inspector by not providing adequate guarding on machinery at their Lincoln site.  Following a proactive visit by the Inspector on 28 January 2015, an Improvement Notice was served to improve the guarding of the conveyors that fed products into the machines.

Subsequent visits on 4 March 2015, resulted in an additional Improvement Notice being served in relation to guarding on the sand line.  A third visit on 9 June 2015 the Company still had significant issues with machine guarding, despite previous formal enforcement action.

HSE inspector Helen Jones said after the hearing:

“William Sinclair Horticulture Ltd failed to act on the advice they were given to improve safety standards at both their Ellesmere Port and Lincoln sites.  Because the company had failed to ensure adequate control measures were in place to reduce the risk of falling from height, Mr Taylor suffering serious injuries when he fell from the ladder.  A fixed platform had already been identified as a better way to control the risk of falling from height, but the company had failed to act to ensure the risks were significantly reduced.”

William Sinclair Horticulture Limited of Firth Road, Lincoln, LN6 7AH, (currently in administration) was found guilty of breaching Section 2 (1) of the Health and Safety at Work Act 1974, and Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998, and was fined £30,000 and ordered to pay full costs of £7,071.

Company fined £90,000 for safety failings

A coach company in Wrexham has been fined £90,000 after it repeatedly failed to comply with legal notices to get its lifting equipment examined.

Mold Magistrates’ Court heard that, between 4 April 2014 and 28 August 2015, GHA Coaches Limited failed to have its lifting equipment thoroughly examined within the required timescales to ensure that health and safety conditions were maintained and that any deterioration could be detected and remedied in good time.

In 2015, an inspection revealed overdue Lifting Operations and Lifting Equipment Regulations (LOLER) examinations on at least 14 items.  An improvement notice was served, and extended twice, and still resulted in a failure to comply.

An investigation by the Health and Safety Executive (HSE) found that a previous improvement notice was served in 2011.

GHA Coaches Limited, of Vauxhall Industrial Estate, Ruabon, Wrexham, pleaded guilty to breaching Regulation 9(3)(a)(ii) of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER),and failing to comply with an Improvement Notice, and was fined a total of £90,000 and ordered to pay costs of £3,068.

Cargo handling company fined for safety failings after worker injured

A cargo handling company based in Aberdeen has been fined after a worker suffered serious injury.

Aberdeen Sheriff Court heard that North East Stevedoring Company Limited (NESC), a cargo handling company was working at Clipper Quay, Aberdeen Harbour.

On the morning of 13 June 2013, stows (containers) holding loose pipes were being transported by a forklift truck (operated by an NESC employee) from Clipper Quay to within reach of a crane on the quayside.

Christopher Smith, who was employed by Euroline Shipping Company Limited as a ship’s agent to oversee loading operations, was making his way to the vessel the pipes were to be loaded onto when he was struck on the lower back by the cargo being transported.

He suffered a fracture of the left elbow and fractures of several vertebrae. He has not returned to work since the incident.

An investigation by the Health and Safety Executive (HSE) into the incident found that NESC failed to ensure sufficient separation between vehicles and pedestrians.  They did not exclude pedestrians from the work area or provide pedestrian routes.  There was no safe system of work in place at Clipper Quay.

The court was told NESC was ultimately responsible for the arrangement of their work site and the safety of those using it.

North East Stevedoring Company Limited, of Streamline Terminal, Blaikies Quay, Aberdeen, pleaded guilty to breaching Section 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 and was fined £12,000.

After the hearing, HSE inspector Sarah Liversidge said:

“The law states duty holders must ensure the workplace is organised in such a way that pedestrians and vehicles can circulate in a safe manner.  NESC failed in that undertaking, there was insufficient separation between vehicles and pedestrians within the loading area at the Quay that resulted in Mr Smith sustaining serious injury that has prevented him from returning to work.”

Worker killed after fall through roof

Two companies based in Northamptonshire have been fined after a worker died following a fall through a roof.

Northampton Crown Court heard how an employee of A-Lift Crane Hire Limited, who had been hired by Premier Roofing Systems Limited to provide them with a crane to lift roofing sheets onto a factory roof at Virani Foods Limited in Wellingborough. Whilst the sheets were being lifted onto the roof, the employee fell through an unprotected skylight and died as a result of his injuries.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 9 August 2013 found that preventative measures to allow operatives to work safely on the roof were not put in place.

Premier Roofing Systems Limited, of Unit G, The Grove, Corby Northamptonshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974, and was fined £140,250 and ordered to pay costs of £41,428.

A-Lift Crane Hire Limited, of Main Road, Wilby Northamptonshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, and was fined £83,300 and ordered to pay costs of £21,500.

Source: www.hse.gov.uk

 

Health and Safety in the news this week

Institution of Occupational Safety and Health (IOSH) statement on UK voting to leave EU

IOSH Head of Policy and Public Affairs Richard Jones said:

"Post-Brexit, the UK now has less influence over EU law.  Now we're exiting, it's vital the UK continues to apply our successful risk-based health and safety system, which includes laws from EU directives, because it's been found to be fit for purpose by several independent reviews and is respected and imitated across the world.

IOSH will continue to promote agreed international standards and to defend against any erosion of health and safety protections.

As UK organisations will want to continue to trade with Europe, it will be in everyone's interest to maintain the status quo.

The UK has already helped to influence sound foundations for European health and safety and beyond and our expertise will continue to be sought and valued."

HSE prosecution round up:

Suspended prison sentence for unregistered gas fitter

A gas fitter from Walsall has received a suspended prison sentence after he fitted a hob at a house in Tamworth when not on the Gas Safe Register.

Alan Nicholas Price’s work came to the attention of HSE after a registered fitter subsequently carried out repairs on the gas hob.

Price, 57, from Pelsall, was charged with breaching Gas Safety (Installation and Use) Regulations.  He failed to appear in court on two separate occasions and was arrested. At Stafford Crown Court, he pleaded guilty and was given a nine-month prison sentence, suspended for two years.

He was also ordered to complete 100 hours of community service and pay £100 towards HSE’s costs.

Gas Safe Register^[1] maintains the register of businesses and operatives who are competent to undertake gas work. Under the Gas Safety (Installation and Use) Regulations, for a gas engineering business or operative to legally undertake gas work within the scope of the regulations, they must be on the Gas Safe Register.^[2]

Speaking after the hearing, HSE inspector Wayne Owen said:

“When working on gas systems it is vital that the person has sufficient knowledge, training and experience so that they are aware of safe working practices and standards.  This is due to the level of risk if gas systems are not worked on and fitted safely.  The risk is posed not only to the person carrying out the work but to anyone else who may be in the vicinity of the systems afterwards; in this case the occupants of the house.”

 

Wear helmets on quad bikes, pleads farm safety chief

An agriculture safety chief has urged farmers not to ignore simple life-saving advice to wear helmets when riding quad bikes.

Rick Brunt’s call comes after details of an horrific incident, when a teenager suffered a serious head wound, emerged in court proceedings.

The farm worker, aged 17, from Shap, Cumbria, was trapped underneath an overturned quad bike for an hour with a wound that later needed 17 stitches.

Carlisle Magistrates’ Court heard that family partnership JF & M Bland had contracted the worker for general agricultural duties and he was instructed to use the firm’s quad bike to get to a large sloping field.

He did so, without any training, and with no helmet provided for him to wear.  The vehicle overturned and it was an hour before one of the partners of the company found him.

After investigating the circumstances of the incident, which happened in April 2014, the Health and Safety Executive decided to prosecute JF & M Bland, of Dacre, Penrith, for breaches of health and safety laws.

The company pleaded guilty to breaching Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998.  It was fined £6,000 and ordered to pay costs of £4,693.

Rick Brunt, head of agriculture at HSE, said:

“Vehicle-related accidents are a significant problem in agriculture and one of the biggest killers.  Only people who are trained and capable should operate all-terrain vehicles, like quad bikes.  Every year, on average, we see two deaths and numerous injuries involving ATVs.”

HSE inspector Matthew Tinsley, who investigated and prosecuted for HSE, said:

“This is a reminder to all farmers and farm workers that it just isn’t worth taking unnecessary risk.  Training is vital, as is head protection. This is simple, common sense advice that, if followed, can save lives.”

 

Suspended prison sentence for unregistered gas worker

A man who fitted central heating boilers at two houses in Greater Manchester has received a suspended prison sentence, after he admitted he did not have the required safety registration to do the work.

Christopher Dignam, trading at Blue Flame Plumbing and Heating Services, has never been on the Gas Safe Register, the body which ensures those who carry out gas work are competent to do so.

One of the two boilers fitted by him in November and December 2014 was found by a Gas Safe investigator to be ‘at risk’ – meaning that faults were present which could constitute a danger to life or property.

Advertisements for Blue Flame Plumbing and Heating in two local publications showed a Gas Safe Register logo and a registration number which does not belong to Dignam, confirming that he knew he should be Gas Safe Registered, the court heard

Speaking after the hearing, HSE inspector Caroline Shorrock said:

“Dignam showed a reckless and flagrant disregard for health and safety requirements. He knew he should be registered with Gas Safe and he exposed customers to a risk of serious injury or death.”

Dignam, of Kenyon Lane, Middleton, Manchester, pleaded guilty to two breaches of Regulations 3(3), and for breaching 3(7) and 26(1) of the Gas Safety (Installation and Use) Regulations 1998.  He was sentenced to 12 months custody, suspended for two years.  He was ordered to pay £460 and £400 compensation to the two homeowners and £3,000 costs.

 

Fish processing firm fined after man killed by falling boxes

 

 

 

 

 

 

 

 

 

 

A Plymouth company has been fined £500,000 after an employee suffered fatal injuries when a stack of boxes of frozen fish fell on him.

Tomas Suchy, 22, an employee of Interfish Limited, was helping to clear up a fallen stack of frozen fish boxes in one of the cold store areas when there was another fall of stock which struck him.  He received multiple and severe injuries which proved fatal.

An investigation by the Health and Safety Executive into the incident, which occurred on 18 October 2013, found there was no safe system of work or instruction to staff on how pallets should be stored.  There was no written procedure for dealing with falls of stock when they occurred.

Interfish Limited, of Wallsend Industrial Estate, Cattedown Wharves, Plymouth, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.  At Plymouth Crown Court it was fined £500,000 and ordered to pay costs of £24,800.

HSE inspector Emma O’Hara said after the hearing:

“Safe stacking of stock is a cross-industry necessity and can often be overlooked when considering safe systems of work.  Duty holders need to ensure that they are stacking safely and that they have a plan for dealing with any unforeseen circumstances such as a fall of stock.”

 

Source: www.hse.gov.uk

Fee for Intervention

Fee for Intervention (FFI) is the HSE’s cost recovery regime implemented from 1 October 2012, under regulations 23 to 25 of The Health and Safety (Fees) Regulations 2012. 

The fee payable by dutyholders found to be in material breach of the law is £129.00 per hour.  The total amount to be recovered will be based on the amount of time it takes HSE to identify and conclude its regulatory action, in relation to the material breach (including associated office work), multiplied by the relevant hourly rate.  This will include part hours.

A material breach is when, in the opinion of the HSE inspector, there is, or has been, a contravention of health and safety law that requires them to issue notice in writing of that opinion to the dutyholder.

Written notification from an HSE inspector may be by a notification of contravention, an improvement or prohibition notice, or a prosecution and must include the following information:

·         The law that the inspector’s opinion relates to;

·         The reasons for their opinion; and

·         Notification that a fee is payable to the HSE.

Dutyholders who are compliant with the law, or where a breach is not material, will not be charged FFI for any work that HSE does with them.

Source: www.hse.gov.uk

 

HSE prosecution round up:

Firm fines £1million after young worker killed by exploding tyre

A Kent tyre company has been sentenced for safety failings after 21-year-old Matthew Hoare, from Canterbury was killed when a tyre exploded.

Canterbury Crown Court heard how Matthew, an employee of Watling Tyre Service Limited of Kent, was repairing a puncture to the tyre of a ‘dresser loading shovel’ when it exploded.

An investigation by the Health and Safety Executive (HSE) found that Matthew was working on his own with inadequate work equipment which was not properly maintained. He was not trained or competent to undertake the work he was told to complete.

After the hearing, HSE Principal Inspector Mike Walters said:

“Employees need to be provided with properly maintained equipment and the correct equipment to undertake tasks whilst out on site. Employees also need to be trained and competent in the tasks they were asked to undertake.”

Watling Tyre Service Limited pleaded guilty at a previous hearing on 29 January 2016, to breaches of Section 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974 and were fined £1 million and ordered to pay costs of £99,485.

 

Firm fined for safety failings at property development

A company based in Cardiff has been fined for safety failings during a property development.

Pontypridd Magistrates’ Court heard Ziman Trading Limited, formerly Ziman Investments Limited (Ziman), was acting as the principal contractor at the property development of the former New York Hotel, York Street, Porth.

An investigation by the Health and Safety Executive (HSE) found that the company failed to ensure that appropriate measures were in place to control risks on site, including falls from height, exposure to asbestos and the risk from fire.

The company failed to effectively plan and manage the work which put workers at risk. Ziman did not co-operate with the investigation and failed to comply with enforcement action taken by the HSE.

Ziman Trading Limited, of Cefn Coed Road, Cyncoed, Cardiff, pleaded guilty to breaching Regulation 13(1) of the Construction (Design and Management) Regulations 2015 and Section 33(1)(G) of the Health and Safety at Work etc. Act 1974.  The company was fined £50,000 and ordered to pay costs of £5,478.

Roofer fined for unsafe roof work

A Bracknell based roofer has been fined for safety failings after a complaint was made to HSE regarding unsafe roof work.

No-one was injured in the incident at Sabine Gates, Old Bracknell Lane, Bracknell on 27 August 2014, however members of the public were endangered by the potential for falling objects.

Reading Magistrates’ Court heard that Terry Colwell trading as T Colwell Roofing from Bracknell, had been contracted to undertake roof repairs to the property by Grosvenor Court (Bracknell) Management Company Limited (Grosvenor Court).

Terry Colwell chose to carry out the work without a scaffold, working at heights of up to eight metres with no fall protection or falling object protection to protect members of the public.

An investigation by the Health and Safety Executive (HSE) established that Terry Colwell undertook the work for £650.  The price of a scaffold would have been between £1400 and £1500.

Terry Colwell, trading as T Colwell Roofing, of Hardwell Way, Harmans Water, Bracknell, was fined a total of £2,000 and ordered to pay £1,966 in costs after pleading guilty to a single breach of the Health and Safety at Work etc Act 1974.

After the hearing HSE Inspector John Caboche said:

“This was a serious incident that could have ended in tragedy for Mr Colwell or a member of the public had he fallen or had a loose roof tile been dislodged during the repairs.  The incident was wholly preventable and could have been avoided had Mr Colwell used a scaffold and not undercut the other roofing company and if the operation been better planned and managed.  It is essential that roof work is carefully assessed by competent persons, with a plan in place to prevent falls of persons and objects.  Roof work remains one of the most dangerous activities in the construction sphere.  Terry Colwell was fully aware of the dangers of roof work and HSE publishes extensive guidance that is readily available of how to safely manage this type of work.”

BT fined £500,000 after engineer breaks his back in fall

British Telecom plc (BT) has been fined £500,000 after an engineer fell seven metres from a loft in London, breaking his back and his ankles.

The Old Bailey heard how a BT engineer, David Spurgeon, was fixing a telephone fault in the roof void of a residential block of flats in Tower Hamlets, East London.  Mr Spurgeon was working alone when he lost his balance and fell through the ceiling, landing on a concrete stairwell, sustaining his serious injuries.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred in May 2011 found there were a number of management failures by BT, including inadequate planning of work taking place near fragile surfaces and checking that it was carried out safely.

British Telecom plc, of Newgate Street, London, was found guilty of breaching Section 2(1) of the Safety and Health at Work etc Act 1974 and was fined £500,000 and ordered to pay costs of £98,913.51. In his sentencing remarks the judge criticised BT for attempting to blame its own engineers for the incident. He described their approach as being ‘not necessary, misplaced, and unfortunate’.

HSE inspector Kevin Smith said:

“David Spurgeon is lucky to be alive.  There were a number of failures of health and safety management by BT which related to planning the work, supervision, and checking it was being carried out safely. Work at height needs to be properly planned, and this incident could have been prevented.”

Worker contracts allergic contact dermatitis

A company based in Hereford which manufactures rubber sealants has been fined after a worker contracted allergic contact dermatitis.

Hereford Magistrates’ Court heard how an employee contracted the skin disease after being exposed to sensitising ingredients in rubber compounds.

An investigation by the Health and Safety Executive (HSE) found that the company failed to assess risks from products used or manage those risks.  The company’s health and safety advisor failed to understand the underlying issues to the level required for the company to understand its responsibilities.

TRP Polymer Solutions Limited, of Netherwood Road, Rotherwas Industrial Estate, Hereford, pleaded guilty to breaching Section 2 of the Health and Safety at Work etc Act 1974, and Regulations 6 and 11 of the Control of Substances hazardous to Health 2002 (COSHH), and was fined £40,000 and ordered to pay costs of £6,529.

Paula Underwood, of Slaughter Castle, Kimbolton, Leominster, Herefordshire, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974, and was fined £1,000 and ordered to pay costs of £200.

Worker suffers serious injury from contact with overhead power line

A stonemasonry company in Perth has been fined after an apprentice stonemason was seriously injured from contact with an overhead power line.

Perth Sheriff Court heard how 20 year old apprentice Rodd McFarlane was working for T&M Stonemasonry, carrying out repairs at Waulkmill Cottage in Perth.

During this work, McFarlane erected a tower scaffold to carry out some re-pointing work.

While on the scaffold he came into contact with overhead 240 volt electricity power lines that were supplying the cottage.  The wind caused the power line to brush against his back causing him to turn around instinctively and grab the live wire.  The flow of the current meant he was unable to let go for a few seconds until he jumped down from the board on the tower scaffold.  His weight broke the wire and interrupted the flow of current.  He received an electric shock and suffered burns to both hands requiring graft surgery and a possible future amputation of a little finger.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 2 August 2012 found that the stone masonry company should have developed a safe system of work.

T&M Stonemasonry, of Highfield Road, Scone, Perth, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, and was fined £16,000.

Source: www.hse.gov.uk

HSE Health and Safety Myths Buster

We might be watching the Euro 2016 competition at the moment, but this myth has a football flavour!

Builder quits job after being ordered to remove flags put up to support England in the World Cup

Issue

A furious builder has quit his job in London after he was ordered to remove two flags which he put up to support England in the World Cup.

Panel decision

Health and safety law does not stop anyone supporting their team and celebrating major sporting events. It seems that a key reason for taking these England flags down was that workers of other nationalities might also want to do the same in support of their own national teams but it’s difficult to see why that would be a problem and certainly not a health and safety one!