Gas fitter's shoddy work threatened lives

A Brixham gas fitter has been fined after falsely claiming to be registered gas engineer and leaving work he carried out in a dangerous condition.

In a prosecution brought by the Health and Safety Executive (HSE) today (2 November), Torbay Magistrates heard that Sean Collins carried out work on a gas boiler in July and August 2011 at an unoccupied house undergoing renovation in Brixham.

The court was told Collins left the flue of the boiler in a dangerous condition and also removed the gas meter and failed to reinstall it, leaving open-ended gas pipes which could have poured gas into the house.

The matter came to light when the householder could not find the meter and contacted Gas Safe Register.

Further investigations revealed that Collins falsely advertised himself as a member of Gas Safe Register and used the organisation's logo on his on-line publicity material.

Sean Collins, of Penpethy Road, Brixham, pleaded guilty to four offences under the Gas Safety (Installation and Use) Regulations 1988 and one breach of Section 3(2) of the Health and Safety at Work etc Act 1974. He was fined a total of £3,000 and ordered to pay £3,000 in costs.

HSE Inspector Simon Jones, speaking after the hearing, said:

"All gas engineers must be members of Gas Safe Register by law so customers can be sure they are dealing with someone who is properly trained and qualified to do the job.

"Unregistered installers who carry out gas work could expose people to unacceptable risks that can prove fatal.

"Sean Collins pretended to be Gas Safe registered and was happy to take the homeowner's money, disregarding the serious harm and injury he could have caused. Any business or sole trader who carries out work on any gas appliance without being properly trained and registered is breaking the law and HSE will not hesitate to prosecute."

Paul Johnston, chief executive of Gas Safe Register, said:

"Gas work should only be carried out by a suitably qualified and competent Gas Safe registered engineer. Every registered engineer has an ID card that not only confirms they are who they say they are but also shows the kind of work they are qualified to carry out. We always encourage people to ask to see the ID card and to check the details by calling 0800 408 5500 or visiting www.gassaferegister.co.uk ^[1] before allowing anyone to carry out gas work."

Firm fined after employee burns eyelid with caustic soda

An aerospace company has been fined for safety failings after an Essex worker injured his eye whilst cleaning out a tank containing caustic soda.

The 39-year-old, who does not want to be named, sustained a chemical burn to his eyelid and inside his tear duct after flicking sodium hydroxide crystals into his face at Inflite Engineering Ltd in Chelmsford on 12 November 2011.
He required emergency treatment at hospital, but avoided a more serious injury thanks to prompt and effective action by his workmates.

Chelmsford Magistrates' Court heard today (6 November) that the employee was standing in a tank containing a solid crystalline material composed largely of solidified sodium hydroxide (caustic soda).

Whilst chipping away at the solid crystalline material, his protective mask misted up and as he took it off to clean the visor, some caustic soda crystals flicked onto his eye lid. Had the chemical made contact with his eye it could have caused permanent damage to his vision.

An investigation by the Health and Safety Executive (HSE) found Inflite Engineering Ltd, which operates sites in Chelmsford, Stansted and Manchester, could and should have done more to prevent the incident and protect the worker.
He was not only exposed to risks from working with a hazardous material, but could also have fallen into or from the storage tank.

The company, of Inflite House, Stansted Airport, admitted breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £17,000 and ordered to pay £3,246 in costs.

After the hearing, HSE Inspector Vicky Fletcher commented:

"This incident was completely preventable. It was a specialist task involving both the risk of chemical burns from the caustic soda, and also falling from the tank to the ground or, even worse, into an adjacent uncovered tank containing sodium cyanide solution. Had that happened, the consequences could have been fatal.

"Inflite Engineering Ltd failed to adequately assess the risks when they asked their employees to clean out the tank, and failed to provide adequate control measures to ensure the job could be done safely.

"Non-routine specialist tasks such as this can impose unnecessary risks on employees, often with grave consequences. It is essential that thorough assessments of the risks are carried out to determine if there is sufficient in-house expertise.

"If not, then employees should be provided with the necessary training and equipment to enable them to carry out the task safely, or a specialist contractor should be appointed."

Life-changing injuries for worker in scaffold fall

A scaffolding company and its director have been fined for safety failings after a worker suffered life-changing injuries in a 2.5 metre fall from a scaffold platform at a property in Kent.

The worker, who was untrained, fell from the first lift of the scaffold as it was being dismantled. He was passing boards down to another worker when he lost his footing and fell to the concrete below.

The man, from Rainham, Kent, who does not wish to be named, suffered severe head injuries and needed surgery to remove the frontal lobe of the brain. He spent many weeks in hospital and is unlikely to be able to work again.

The Health and Safety Executive (HSE) today (6 Nov) prosecuted Paramount Scaffolding Ltd and director Luke Jessup, both of Gillingham, Kent after investigating the incident at the house in Meopham, near Gravesend, on 25 January this year.

Sevenoaks Magistrates' Court heard that Paramount Scaffolding had a three-man team on site to dismantle the scaffolding. Director Luke Jessup was the only trained scaffolder among them.

The injured worker was standing on the first level of the scaffold and was lifting the boards and passing them to a colleague below. The platform had been six boards wide and was down to three when he lost his footing and fell. The edge protection had already been removed.

Paramount Scaffolding Ltd of Wigmore Road, Gillingham, and Luke Jessup of Wigmore Road, Gillingham, both pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. Both Paramount and Mr Jessup were fined £2,000 with £1,000 costs each.

After the hearing HSE Inspector Melvyn Stancliffe said:

"This is a very stark example of the tragedy that can result from a task carried out at height without proper thought and planning. It has resulted in life-changing injuries for the worker and has had a devastating impact on his family. In addition, Mr Jessup was a personal friend, and he also has to live with the consequences of his role in the incident.

"What happened that day was totally preventable if simple working methods had been followed and the untrained workers had been more closely and better supervised to ensure they carried out the work safely.

"The scaffolding industry has produced guidance on the safe working methods to follow and this case sadly reflects the harsh reality of not doing so."

Salad company in safety prosecution

An East Yorkshire firm has been sentenced for safety breaches after a worker fell more than four metres through a greenhouse roof.

The 44-year-old, from Preston, east of Hull, was cleaning and repainting greenhouse gutters at Hedon Salads Ltd in Burstwick when he lost his footing and fell through the glass roof. He broke his wrist and needed 20 staples across a head wound before being released from hospital after an overnight stay.

The incident, on 26 August 2010, was investigated by the Health and Safety Executive (HSE), which today (2 November) prosecuted the firm for failing to protect its workforce against the risk of falls.
Hull Magistrates' Court was told the man, who does not wish to be named, was one of a team of employees tasked with working on the gutters of 20 greenhouses at the firm's 30-acre site in Main Street, Burstwick. The greenhouses, used for cultivating tomatoes, cucumbers and peppers, have an average size of 5,000 square metres.

HSE discovered the team were told to walk heel to toe along the gutters and to use a long-handled brush to steady themselves against the glazing bars. No equipment was provided and no instruction given to protect them against a fall.

The worker had cleaned some guttering and returned to the ground to collect his brush and paint. He climbed back up and had completed a short length of paintwork when his right foot went through the glass and he fell through the fragile roof.

HSE served a Prohibition Notice on the firm preventing further work on the guttering until safety measures were in place.

Hedon Salads Ltd, of Newport, Brough, which employs more than 100 people, was fined £12,500 with £3,921 in costs after admitting a breach of the Work at Height Regulations 2005.
After the hearing, HSE Inspector Andrew Gale said:

"This employee was extremely lucky not to have suffered more severe injuries, or even lost his life, in a fall of over four metres. It could have easily been prevented by providing the proper equipment, such as a lightweight walking frame.

"This case highlights how important it is for employers to identify the risks involved in working at height, particularly near fragile materials, and taking the necessary steps to reduce those risks and prevent falls.

"Falls are the second highest cause of fatal incidents in agriculture and falls through fragile material account for half of these deaths."

School fined after pupil hurt in design and technology lesson

A Solihull school has been fined after an 11-year-old pupil suffered serious hand injuries in a design and technology lesson.

The year seven student from Alderbrook School was using a bench sanding machine when his hand became trapped between the rotating face of the sanding disc and the machine's table edge.

As a result of the incident on 6 October last year the pupil needed specialist surgery to repair tendon damage to the fingers of his left hand. He was off school for several weeks during which time he continued to study at home while recuperating from hand surgery.

As part of this recovery he has required physio. However, he still suffers pain in cold weather and doesn't have full range of movement in his fingers
.
An investigation by the Health and Safety Executive (HSE) found that although the machine had guarding in place, it was designed for use by adults. So the gap between the disc face and the table edge was big enough to trap a student's hand.

Solihull Magistrates' Court heard today (5 November) that the school had carried out a generic risk assessment for the machine that highlighted entrapment as a potential hazard. However, it failed to seek advice from the manufacturer and had made no attempt to adapt the machine for safe use by its students, whose experience and hand size is different to the normal recognised user.

Alderbrook School, of Blossomfield Road, Solihull, was fined £3,500 and ordered to pay £5,000 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 for failing to ensure the safety of pupils.

After the hearing HSE inspector Karl Raw said:
"Health and safety management for design and technology within Alderbrook was not of the expected standard. Guidance was out of date, risk assessments were generic and concerns raised in a 2010 audit by Solihull Metropolitan Borough Council relating to this had not been addressed.

"This prosecution is not about schools abandoning or being stopped from allowing pupils to use machines. It is about sensible assessment of risk given the age and maturity of school pupils.

"In order to do this, schools need to have in place a strong culture towards health and safety with a regular review of risks and procedures. That did not happen in this case, leaving an 11-year-old boy with a very painful injury."

Demolition firm fined for illegal asbestos removal

A Cheltenham demolition company has been prosecuted after exposing its own workers to dangerous asbestos fibres and illegally removing asbestos waste from a property in Gloucester.

The Health and Safety Executive (HSE) prosecuted DA Environmental Services Ltd at Cheltenham Magistrates' Court today (5 Nov) for three breaches of regulations relating to asbestos removal.
The court heard HSE found the firm undertook an asbestos survey before demolishing the building showing it contained a quantity of Asbestos Insulating Board (AIB). The report identified that this would have to be safely removed in a controlled manner before demolition went ahead.

However, during a six-week period in August and September 2011, the building was demolished and asbestos boarding removed by DA Environmental Services' employees, exposing them to potentially significant quantities of asbestos fibres released during the work.

The company did not hold the necessary licence to carry out the asbestos removal and failed to take adequate steps to prevent both exposure to and the spread of asbestos fibres generated by the work. The investigation also found the asbestos debris was not disposed of correctly, potentially extending the risk of exposure and spread of danger into the waste chain.

DA Environmental Services Ltd of Maida Vale Business Centre, Leckhampton, Cheltenham, pleaded guilty to breaching Sections 8, 11 and 16 of the Control of Asbestos Regulations 2006. The company was fined a total of £15,000 and ordered to pay costs of £1,452.

Speaking after the prosecution, HSE Inspector Andrew Kingscott said:
"Where material such as asbestos insulating board is identified, it should only be removed by a contractor who holds the necessary licence, in a safe manner and with the necessary control measures. DA Environmental should have appointed an appropriately licensed contractor to remove the materials.

"By undertaking the work themselves they unnecessarily exposed their own workers to the risks associated with significant levels of airborne asbestos fibres and failed to adequately contain their spread.

"Unfortunately, those working in the construction industry are regularly exposed to asbestos materials and the legacy of past exposures is evident in the high numbers of people in the UK who are suffering the fatal effects of uncontrolled exposures to asbestos fibres during their working lives."

Inspection and Investigation of HSE Approved Training Providers
 
Owing to the proposed legislative changes in first aid (see the consultation document CD248  for further details) and operational difficulties encountered by Scout Enterprises Ltd, (the company which monitors approved training providers on behalf of HSE), HSE will stop undertaking proactive monitoring visits of training providers, effective immediately. For further information please see the latest HSE update.