Marquee company fined after welder severs finger

A Derbyshire company that designs and manufactures marquees has been fined after a welder severed a finger on an unguarded drill.

Derby Magistrates’ Court was told that Crocker Bros Ltd failed to take effective measures to prevent access to dangerous moving parts of the equipment at its premises on Station Road, Chellaston, on 19 June 2012.

An investigation by Health and Safety Executive (HSE) established that the injured worker, a 52-year-old fabricator welder from Derby, who does not want to be named, was working alone on a pedestal drill in the company’s workshop when the incident happened.

While drilling holes into a section of aluminium, one of the welding gloves he was wearing became entangled in the running drill, which was unguarded.

He was unable to reach the stop button and as he pulled his hand away from the drill he severed the ring finger on his right hand. He was off work for three months, but has since returned.

Magistrates heard that had the drill been suitably guarded the incident could have been avoided. A chuck guard was fitted afterwards to prevent further injuries.

Magistrates also heard that safety guidelines, including Crocker Bros’ own risk assessment, made it clear that wearing certain types of gloves while operating drills posed a danger because of the risk of entanglement.

Crocker Bros Ltd, of Station Road, Chellaston, Derbyshire, was fined £10,000 and ordered to pay £4,076 in costs after pleading guilty to a single breach of the Provision and Use of Work Equipment Regulations 1998 at an earlier hearing

Speaking after the hearing, HSE inspector Edward Walker said:

"Incidents involving entanglement on rotating tools like drills are fairly common, but they are all easily avoided if manufacturers like Crocker Bros follow their own risk assessments and provide suitable guarding.

"Such guarding is readily available and inexpensive, so there is no excuse for failing to take action – and to take action before someone if injured.

"Crocker Bros should also have prevented the use of welding gloves while operating the drill, as they said they would in their risk assessment. It is well-known that the risk of entanglement increases if the wrong type of gloves are worn."

Scaffolder's lack of safety measures put lives at risk

A scaffolder has been prosecuted for neglecting vital safety measures that put himself, his staff and passing members of the public at risk.

Truro Magistrates' Court heard that an inspector from the Health and Safety Executive (HSE) saw workers on scaffolding with no edge protection at a property in Cranberry Road, Camborne, in March 2012. They were not wearing any harnesses or lanyards to protect them from falls.

The Inspector issued an immediate Prohibition Notice on Anthony Dale scaffolding, halting any further work at the site until improvements were made.

The court was told that following an investigation into Mr Dale on another matter, Cornwall Council sent pictures to HSE showing him again working on scaffolding without any edge protection or harnesses.

Workers for Anthony Dale and Dale himself were seen twice on scaffolding with no edge protection or safety equipment that could have helped them in the event of a fall at sites in Chapel Street, Penzance, and Coinagehall Street, Helston, in 2012.

Anthony Dale of Roskear Parc, Tuckingmill, Camborne, pleaded guilty to breaching Section 2(2) and Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined a total of £8,000 and ordered to pay £4,114 in costs.

Speaking after the hearing, HSE Inspector Barry Trudgian, said:

"Work at height is the biggest single cause of fatal and serious injury in the construction industry. Anthony Dale's reckless disregard of basic safety precautions demonstrates a totally a cavalier approach to the health and well-being of his workers and of passers-by, let alone himself.

"The risks of working at height are widely-known and recognised and there is a wealth of guidance available from HSE and the industry. There can really be no excuse for not putting basic precautions in place.

"Simple measures such as providing guardrails and having the correct safety equipment could save someone's life."

New code curbs unnecessary council safety checks

 

Local authorities are being banned from unnecessary health and safety inspections under a new code coming into effect from Wednesday 29 May 2013.

 

The Health and Safety Executive’s (HSE) statutory National Enforcement Code for local authorities will instead target proactive council inspections on higher risk activities in specified sectors or when there is intelligence of workplaces putting employees or the public at risk.

 

It will see tens of thousands of businesses removed from health and safety inspections which are not justified on a risk basis, including most shops and offices.

 

Checks will continue on poor performers and at sites where there are higher risk activities, such as cooling towers, where life-threatening legionella bacteria can develop, and buried liquefied petroleum gas (LPG) gas pipes which can create an explosion if corroded.

 

Minister for Employment Mark Hoban said:

We need health and safety that protects people where there are real risks but doesn’t stifle businesses.

There are too many examples of local councils imposing unnecessary burdens by inspecting low risk businesses. This new code should put a stop to this by putting common sense back into the system.

HSE Chair Judith Hackitt said:

Real improvement in safety performance will come from targeting those who put their employees at greatest risk.

Local inspectors have a very important role to play in ensuring the effective and proportionate management of risks by businesses, and the code is designed to guide them to do this.

It sets out how targeting should be achieved, providing certainty for both businesses and regulators. HSE will be working with local authorities to ensure the code is successfully implemented.

The new code has been backed by the Federation of Small Businesses (FSB). Mary Boughton, the chairwoman of its health and safety committee, said:

The FSB supports the principles behind the new local authority enforcement code for health and safety at work. We believe that it is important to ensure that all local authority health and safety inspections are consistently risk based and proportionate to ensure that low-risk, compliant businesses are able to concentrate on growth.

If low risk businesses believe they are being unreasonably targeted they will be able to complain to an independent panel, which will investigate and issue a public judgement.

 

HSE will work with those local authorities whose targeting of inspections fails to meet the standards set out

Firms in court after worker fell from unguarded scaffolding

Two firms have been prosecuted after a labourer suffered multiple injuries in a fall from unguarded scaffolding.

Stephen Keegan, 56, of Frome, Somerset, was a temporary employee of Julian Chard Carpentry Ltd, which had been sub-contracted by C J Deighton & Co Ltd to construct timber frames for some properties in Studley Green, Trowbridge, Wiltshire, in March 2012.

Chippenham Magistrates' Court heard today (14 May) that Mr Keegan was helping to build the frames when he fell some two metres from an unguarded section of scaffolding. He suffered a fractured knee, broken collarbone, fractured wrist and perforated ear drum.

A Health and Safety Executive (HSE) investigation found that Swindon-based C J Deighton & Co Ltd failed to properly plan and manage construction activities on site to ensure that work, including work at height, was carried out safely.
The company also failed to provide adequate, up-to-date information to site management, scaffolders and contractors. This led to a fixed scaffold being provided for workers that failed to take account of changes to plans for the building, resulting in a lack of internal edge protection around the porch area where Mr Keegan fell.

The court heard that although site management identified the problem with the scaffold, their only response was to fit a temporary and inadequate guard rail. They also allowed work to be carried out for a number of days despite knowing it was unsafe to do so.

HSE inspectors also found sub-contractor Julian Chard Carpentry Ltd failed to supervise the work or put adequate safety measures in place to protect anyone working at height on the timber frame construction.

C J Deighton & Co Ltd, of Old Station House, Station Approach, Newport Street, Swindon, Wiltshire, was fined a total of £15,000 and ordered to pay £3,122 in costs after being found guilty in their absence of breaching Regulation 22(1) of the Construction (Design and Management) Regulations 2007.

Julian Chard Carpentry Ltd, of Vallis House, Vallis Road, Frome, Somerset, was fined a total of £10,000 and ordered to pay £3,121 in costs after also being found guilty in their absence of breaching Regulation 6(3) of the Work at Height Regulations 2005.

CJ Deighton has gone in liquidation and Julian Chard Carpentry has now ceased trading.

After the hearing, HSE inspector Helena Tinton said:

"This was a serious incident which could easily have been prevented. There were significant failures by both C J Deighton and Julian Chard Carpentry. With proper planning and communication a suitable scaffold could have been provided. Monitoring and supervision on-site should have identified the unsafe work at height and work halted until the scaffold was corrected or measures put in place to mitigate a fall.

"Mr Keegan has undergone several operations since his fall and is unlikely to get full mobility in his shoulder, knee or wrist. This was only a temporary job for Mr Keegan and, as a self-employed painter and decorator, his injuries meant that he could not work at all for six months and they will severely hamper his future ability to work."

Companies prosecuted after roof collapsed on worker

Two West Midlands companies have been fined for safety failings after the six-tonne roof of a timber-framed classroom collapsed on a worker, leaving him seriously injured.

Stafford Magistrates’ Court heard yesterday that CMR Demolitions Ltd of Burslem, Stoke-on-Trent, and Thomas Vale Construction PLC of Stourport-on-Severn, Worcester, failed to put in place temporary support arrangements during the demolition of the timber-framed classrooms at the former Stoke-on-Trent Sixth Form College site at Fenton.

The injured man, who does not wish to be named, was knocked unconscious when he was struck by part of the roof when the building collapsed without warning. He suffered fractured ribs, a broken shoulder bone, a broken nose, several shattered teeth and swelling to his head.

Two other workers were caught under the collapsed building but managed to free themselves and were uninjured.

A Health and Safety Executive (HSE) investigation into the incident on 11 November 2011 found the extensive soft-stripping of the walls by sub-contractor CMR Demolitions Ltd had significantly reduced their load-bearing capacity. A combination of having no support in place to hold up the roof, and strong winds, resulted in the collapse.

CMR Demolitions Ltd did not obtain information on how the timber-framed classrooms had been originally constructed and did not seek the opinion of a structural engineer during the work.

The building had been left in a stripped state overnight but no check was made on the structure before workers entered it the next day. Rotting timbers within the base of the timber frame were not spotted and addressed. The classroom could have been mechanically pushed over without putting any staff at risk.
Principal contractor Thomas Vale Construction PLC failed to ensure that CMR Demolitions Ltd had provided a suitable and sufficient risk assessment for the soft strip and demolition work of the classroom. It also failed to manage and monitor this demolition activity of CMR Demolitions Ltd or ensure they had consulted a structural expert.

Thomas Vale Construction PLC failed to require a less dangerous approach to the demolition work.

CMR Demolitions Ltd was fined a total of £9,900 and ordered to pay £6,117 in costs after pleading guilty to breaching both the Construction (Design and Management) Regulations 2007 and the Management of Health and Safety at Work Regulations 1999.

Thomas Vale Construction PLC pleaded guilty to a single breach of the Construction (Design and Management) Regulations 2007 and was fined £6,600 with £6,117 in costs.

Speaking after the hearing, HSE inspector Andrew Bowker said:

"CMR Demolitions Ltd made serious errors and the collapse occurred through a lack of planning and understanding of the structural stability of the classrooms.
"The company allowed their staff to work in extremely dangerous conditions. Had they employed a structural engineer this incident could have been avoided.
"As a result of these failures, a worker was seriously injured. The implications of a six-tonne, timber-framed roof collapsing onto people are obvious to all and this incident could easily have resulted in multiple fatalities.

"Thomas Vale Construction PLC failed to plan, manage and monitor the demolition work on the classrooms so it was carried out without risks to health or safety.

"The firm did not sufficiently challenge CMR Demolitions Ltd on their classroom work methods and were complicit in the method of work that took place."

Bedford company in court over worker's broken leg

A nationwide removals firm has been fined for safety failings after a worker broke his leg whilst moving machinery at a site in Bedford.

Ian Barnard , 28, was part of a three-man team working for White & Co plc removing equipment from Bedford to Wellingborough in Northampton on behalf of a local motor spares company when a steel fly press weighing 75kg fell on him.

Health and Safety Executive (HSE) inspectors, who investigated the incident in Murdock Road, Bedford, found that White & Co plc had failed to assess the risks to its employees whilst carrying out the work. Nor had the company provided Mr Barnard with adequate training in manual handling.

As a result of the HSE investigation, two Improvement Notices were served on the company.

Bedford Magistrates heard that on 3 October 2011 Mr Barnard was helping to carry the steel fly press out of the building when it fell on him, breaking his left leg and causing lacerations to his right leg. He was in plaster for three months after being treated in hospital. Mr Barnard was made redundant by the company shortly after the incident.

White & Co plc of Ashton House, The Precinct, Winchester Road, Chandlers Ford, Hampshire, was fined £10,000 and ordered to pay £3,524 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999.

After sentencing, HSE Inspector Karl Howes said:

"Manual handling is everyday practice in the removals industry. Each job should be adequately assessed, employees should have sufficient manual handling training and there should be appropriate health and safety management arrangements in place."

Durham firm sentenced after worker's arm amputated

A Durham firm has been fined after a worker suffered horrific injuries and had to have his arm amputated when he fell into dangerous machinery in an asphalt production plant.

John Wyatt, 61, from Northumberland, was employed by Tynedale Roadstone Limited and had been carrying out an inspection of the conveyor area at its premises in Newburn Haugh Industrial Estate, Newcastle, when the incident happened on 18 June 2009.

Newcastle Magistrates’ Court heard that Mr Wyatt had gained access to the conveyor area to carry out an inspection, but slipped and fell forward and was caught up in the snub pulley roller and the conveyor belt.

His right arm was so badly injured that it had to be amputated at the shoulder. He suffered spinal injuries for which he had to undergo surgery to fuse his spine back together. He also fractured all his ribs on the right side, broke his left wrist and suffered friction burns to his stomach and severe cuts to his face.

Mr Wyatt was in intensive care for more than three weeks and was in hospital for more than three months. He can no longer work and still has mobility issues.
An investigation by the Health and Safety Executive (HSE) found that although safety gates to the plant had been fitted with locks to restrict access these had been disabled.

The investigation also concluded there were no suitable risk assessments, inadequate safe systems of work and a lack of information and instruction for employees.

Tynedale Roadstone Limited, of Davison House, Rennys Lane, Dragonville Industrial Estate, Durham, was fined £8,000 and ordered to pay £18,994.17 costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

After the hearing HSE inspector Sal Brecken, said:

"Mr Wyatt’s horrific injuries should not and need not have happened. This incident was easily preventable had Tynedale Roadstone carried out an adequate risk assessment of their equipment and properly supervised their employees.

"Plant of this type is recognised in the industry as being high risk, which is why they are so heavily guarded with trapped key systems. Safety devices are installed on machinery with dangerous moving parts to protect those who work with them. Companies have a legal duty of care to ensure they are properly fitted and working effectively at all times.

"Disabling or switching off safety devices puts workers at unnecessary risk and is simply not acceptable. HSE will not hesitate to take enforcement action in cases such as this."

Unguarded or poorly guarded machinery is the cause of many injuries in workplaces across the country. Latest figures revealed eight workers were killed and more than 1,000 were seriously injured as a result of contact with the dangerous moving parts of machines.