Joiner's fall lands Bradford firm in court

A Bradford construction firm has been fined for neglecting safety after a joiner fell six metres through a fragile rooflight at a factory in Leeds.

The 46 year-old self-employed joiner from Bradford, who doesn't wish to be named, was hired by MD Construction (Bradford) Ltd to remove ventilation turrets from a warehouse roof at Johnsons Apparelmaster in Leeds.

He was sitting astride the roof ridge and reaching for slates to cover an opening left by one of the turrets when his knee went through a nearby rooflight. The worker fell six metres to the factory floor below, but managed to escape with a broken elbow and bruising.

The incident, on 22 November 2010, was investigated by the Health and Safety Executive (HSE), which prosecuted MD Construction Ltd of Westgate Hill Street, Bradford.

Leeds Magistrates' Court heard that the firm had been contracted by Johnsons to remove five roof turrets to prevent water getting in to its warehouse in Stoney Rock Lane, Harehills.

MD Construction hired the joiner to do the job and also supplied a labourer. The company identified there were potentially fragile rooflights where the work would be taking place and had provided Johnsons with a risk assessment for the work.

However, the court was told by HSE that no safety measures had been put in place by the company to protect workers against falls through the rooflights.

MD Construction (Bradford) Ltd was today (4 Oct) fined £5,000 with £15,000 towards costs after being found guilty of a breach of the Work at Height Regulations 2005.

After the hearing HSE inspector Martin Hutton said:

"Falls through fragile materials during roof works are an all too common occurrence and the risks are well known in the construction-related industries. While the injuries in this case were not severe, it is only by sheer good fortune that no one was killed.

"A few simple precautions by MD Construction Ltd could have prevented this incident from happening in the first place. Where work near fragile roof materials is necessary, boards or barriers of sufficient strength should be used to cover the area and prevent people or materials falling through.
"Work at height carries significant risk. This prosecution should serve as a reminder of the essential need to properly plan, supervise and carry out these tasks safely."

Firm fined after worker's fingers severed

A conveyor supplier has been fined after a worker severed three fingers in an unguarded machine.

Grantham Magistrates' Court heard that Shaun Newcomb was working in Sewstern, Lincolnshire, on 9 March 2012, when the incident happened.

Mr Newcomb, 30, of Bourne, was attempting to clear some blocked wood from the conveyor but as he did so his right hand came into contact with the sprockets and chains that drove the belt and he severed parts of his middle, ring and little finger.

He underwent two operations, physiotherapy, cell generation treatment and counselling and was unable to work for nine months. He is now employed at a different company as he did not want to return to the scene of the incident.
An investigation by the Health and Safety Executive (HSE) found that the conveyor had been supplied by Armistead Engineering Ltd a few months before the incident, but that it was inadequately guarded.

Armistead Engineering Ltd, of Albion Avenue, Acomb, York, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act etc 1974 for failing to protect people not in its employment and was fined £6,667 with £5,715 costs.

Speaking after the hearing HSE inspector Berian Price said:

"This incident could have been so easily prevented had the company not failed in their duties to ensure the machinery was safe. Armistead Engineering should have supplied adequate guarding with the machine and ensured workers did not have access to the dangerous moving parts of the conveyor.

"Sadly, because they didn't do this a man suffered painful, life-changing injuries."

Mr Newcomb said:

"After it happened I felt agitated and kept losing my temper easily which was out of character for me. I went through a stage where I didn't want anyone to see my hand. I would keep it in my pocket whenever I went out and if I was in a shop I would give my wife the money to pay as I didn't want people talking about it.

"I used to fish regularly and play pool and darts. I still can't play darts as I can't hold them properly but I've managed to adapt to play pool. I've had to relearn how to do things like tie shoelaces and use a knife and I'm limited in what types of job I can do. I can't work in the cold as it affects my fingers and I have a lack of dexterity in them which means I struggle to do some parts of my job. I also struggle with lifting tasks as I can't grip properly and only have limited strength in what grip I do have.

"The incident affected my wife, who had to take time off work to look after me, and it also affected my children. My daughter wouldn't come near me after it happened and won't hold my hand now. My son is a bit older so understood more but was worried about hurting me and whether we could still play rough and tumble together."

Wiltshire firm fined after child trapped by electric gates at Bournemouth school

A Wiltshire company has been prosecuted for failing to install adequate safety devices on an electric gate that trapped a young child at a primary school in Bournemouth.

On 6 January 2010, a three year old boy, who cannot be identified, was playing around the gate when it closed, trapping him between the gate and the gate post. Parents and passers-by were able to push the gate open just enough to prevent it from closing completely. The child had to be physically pulled free, but escaped serious injury.

Swindon Magistrates' Court heard how Camera Security Services Ltd had fitted an electronic closing device to the metal vehicle gates at Heathlands School in West Howe, Bournemouth. However, they failed to fit appropriate sensor safety devices which would have automatically stopped the gates from closing completely if it detected someone was in the way.

An investigation by the Health and Safety Executive (HSE) found the gate automation equipment installed by the company did not meet essential safety requirements and that their assessment had failed to identify the foreseeable risks associated with the crushing point between the gate and gate post. The location of the gate, at the entrance to a primary school, increased the level of risk.

Camera Security Services Ltd., of Glenmore Business Centre, Waller Road, Devizes, pleaded guilty to breaching Regulation 11 of the Supply of Machinery (Safety) Regulations 1992 and was fined £3,000 and ordered to pay £7,000 in costs.

After the hearing, HSE Inspector Stephan Axt-Simmonds said:

"Camera Security Services Ltd failed to ensure that the equipment they supplied and installed in 2008 was able to operate safely. They had a clear legal requirement in this regard and should also have been mindful that this particular location, the entrance to a primary school, would be used by a particularly vulnerable group: young children.

"This was an easily preventable incident that could have had tragic consequences. Suppliers and installers of gate automation equipment must remember that, by automating a gate, they are creating a machine and they must carry out the proper procedures to ensure the equipment they install does not pose a danger to the public.

"In bringing this prosecution, HSE has taken into account that the director of Camera Security Services Ltd passed away in 2012 and the company is now run by a completely different team of people. Nevertheless, the company is still legally responsible for the supply and installation of this machinery.

"I would encourage all suppliers and installers of electric gates to take a look at the free guidance available on the Door and Hardware Federation website which has been endorsed by HSE."

Illegal gas fitter fined for dangerous gas work

 

A self-employed builder has been fined for putting an Essex family in danger from leaking gas pipes after illegally replacing a boiler as part of a kitchen refit.
Peter Brown, 49, was responsible for an 'immediately dangerous' installation at the property in Wivenhoe.

He was prosecuted by the Health and Safety Executive (HSE) after an investigation established that he wasn't registered to undertake gas work.
Colchester Magistrates' Court heard that he worked at the home in November 2010 to install a new kitchen and boiler. However, on 19 December, less than four weeks after the work was completed, the householders awoke to a strong smell of gas in the kitchen. They called National Grid who identified that the gas pipework was leaking and classed it as "Immediately Dangerous".

The householders, who do not wish to be named, made numerous attempts to contact Mr Brown to sort the problem, but to no avail.

A Gas Safe registered engineer inspected the property and found that the pipework installed beneath the floor had not been properly clipped or supported, and was leaking from an elbow joint.

Remedial work was carried out and the gas installation was put back into use, but the incident and lack of response from Mr Brown prompted the occupants to have the rest of his handiwork thoroughly checked.

A subsequent Gas Safe examination in February 2011 established that the flue collars had not been screwed to the flue and the flue elbow, and that there was a gap between the flue connection and the flue itself.

The examination also found that the hole in the wall for the flue had been cored out too low in the wall, and as a result the flue could not sit properly on the boiler. In the absence of any seal, combusted materials had the potential to leak into the kitchen.

Once again the installation was classified as "Immediately Dangerous" and isolated from use until extensive remedial work had been completed.
HSE's investigation into the incident found that Peter Brown had never been Gas Safe registered, and there were no records to indicate that he had ever undergone any verification of competence through training or qualifications. Mr Brown was therefore not qualified to carry out any works involving the removal or installation of gas appliances.

In addition, it emerged that immediately after carrying out the gas work at the Wivenhoe home he had demanded a cash settlement for the work and refused to complete any details in the boiler's commissioning documents.

The court was told that HSE served a Prohibition Notice on Mr Brown at his last known address in Chelmsford, but further correspondence and attempts to contact him by telephone were met with no response. It later emerged that he had sold his house in early 2012 and had endeavoured to conceal his whereabouts.

Extensive enquiries were made in an effort to trace him within the UK, but without success. Information from associates indicated that he had access to properties and contacts overseas and so, in November 2012, an immediate arrest warrant was applied for and granted by Colchester Magistrates Court.
On 25 September 2013, Mr Brown was arrested on warrant and brought back before Colchester Magistrates Court.

Peter Brown, currently staying at Prestbury Green, Shrewsbury, was fined £10,000 and ordered to pay costs of £4,000 after pleading guilty to breaching Regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998.
After the case, HSE Inspector Paul Grover, said:

"Peter Brown has never been Gas Safe registered and is therefore not competent to carry out any gas work. The standards of his workmanship in this instance were woeful and he knowingly put the householders in danger by exposing them to harmful combustion gases and the risk of an explosion.

"His actions appear to have been motivated by a desire to achieve material gain and he was prepared to place others in danger to achieve this. In doing so, he showed a complete disregard for the health and safety of his clients and the general public. He was totally unsympathetic when the clients sought his assistance after the installation leaked due his lack of competence.
"Once he was aware that his actions were the subject of an investigation by HSE, Peter Brown went to some lengths to conceal his whereabouts to avoid taking responsibility or answering for his offences before the law.

"HSE will continue to prosecute where it is clear that the health and safety of householders and the general public are put at risk."

Russell Kramer chief executive of Gas Safe Register, added:

"Every Gas Safe registered engineer carries a Gas Safe ID card, which shows who they are and the type of gas appliances they are qualified to work on.

Firm fined for Leicester Square cable strike

The principal contractor for a major project to renovate the public areas of Leicester Square has been fined for safety failings after a worker was caught in an explosion after striking a concealed live electricity cable.

Trevor Maloney, 32, from Tottenham, suffered burns to both hands and his face in the incident on 24 April 2012. He was hospitalised for four days, but has since made a full recovery.

The ground worker was unaware of the presence of the cable as he used an electric breaker to remove some paving stone mortar. He was working for Dublin-based SIAC Construction Ltd, which was prosecuted by the Health and Safety Executive (HSE) for placing him in danger.

The company had been contracted by Westminster City Council to redevelop Leicester Square, a major project that included substantial excavation and ground work to resurface the main terraces and side roads.

Westminster Magistrates’ Court heard that due to the large number of underground services in the vicinity, the local authority gave clear instruction that any shallow cables or pipework in areas to be concreted were to be protected by sand and steel plating.

There was also a further requirement to put marker tape on plating covering electricity services so they could be easily identified in the event of future work.
However, during the excavation of old paving outside the Hippodrome casino, in Cranbourn Street, an electricity cable was discovered that was so shallow the preferred protective method could not be used.

A work-around was agreed between SIAC and the council, but when the new paving was completed in January 2012 it was unclear whether it had been done.
In March 2012, part of the newly installed paving had to be dug up for underground repair work unconnected to the renovation project. SIAC was not involved in this work, but was later asked to reinstate the paving.

Trevor Maloney was one of two workers tasked with removing old mortar so that the slabs could be re-laid, but just a few minutes after starting the work he struck the shallow cable. It short-circuited and created an explosion and flames.
HSE found that the cable was partially above the concrete foundation and concealed within the mortar, unprotected by any steel plating. Magistrates were told that had it been adequately protected, or its location properly identified to the ground workers as an area in which to take extreme care, then the incident could have been avoided.

SIAC Construction Ltd, of Monastery Road, Clondalkin, Dublin, was fined £20,000 and ordered to pay £5,002 in costs after pleading guilty to a single breach of the Construction (Design and Management) Regulations 2007.
After sentencing HSE Inspector Loraine Charles said:

"This was a serious incident that could have ended in tragedy, and Mr Maloney is very fortunate not to have been more seriously injured.

"It is essential that when any work that might disturb live underground services is being carried out, all practicable steps are taken to determine the location of those services, and to arrange the work so that the risk of damaging any service is minimised.

"That didn’t happen on this occasion and Mr Maloney and others were placed in unnecessary danger."

Kent print company fined for worker hand injury

A worker had the skin torn from his hand on a printing press at a Dartford print company where vital safety guards had been removed, a court has heard.

The printer, then aged 30, who does not want to be named, also fractured a finger in the incident at Howard Hunt (City) Limited on 24 April 2009.

The firm, part of the Howard Hunt Group, which produces leaflets, magazine inserts, and direct mailing products, was prosecuted by the Health and Safety Executive (HSE) after an investigation identified safety failings.

Dartford Magistrates' Court heard the injured worker was using a printer's knife when filling an ink reservoir that fed rollers transporting ink to printing plates.

Guards should have been in place to prevent access to the dangerous parts of the roller system while the press was running, but these had been removed four days earlier for cleaning and had not been replaced.

The knife stuck as he was filling the ink reservoir and his right hand was pulled between two rotating rollers and 'de-gloved', with the skin ripped away from the back of his hand. He managed to stop the machine using an emergency stop button before pulling himself free and alerting colleagues.

He was hospitalised for five days and later required a skin graft. He then had to wear a special pressure glove for more than a year, which interfered with his normal life and caused additional irritation. He has now been left with permanent scarring.

HSE established that in addition to the injured worker, seven other people had also operated the machine with the protective safety guards removed. All were therefore placed at unnecessary risk.

The court was told that a proper risk assessment would have identified that cleaning should only have taken place when the press was turned off, and that routine checks should have established that all necessary guards were in place prior to it being switched on.

Magistrates also heard that training provision was inadequate, and that the injured worker had received no training or instruction on the safety features of the press.

Howard Hunt (City) Limited, registered to Crown House, Loughton, Essex, was fined a total of £11,000 and ordered to pay £4,399 in costs after pleading guilty to two separate breaches of the Provision and Use of Work Equipment Regulations 1998 and a single breach of the Management of Health and Safety at Work Regulations 1999.

After the hearing HSE Inspector Gordon Chase said:

"The painful injury the worker sustained could have been avoided had the guards been in place when the press was running. A proper risk assessment would have identified the requirement of a safe system of work, and the necessity of proper training on how to safely use the machine.

"Incidents of this kind occur all too often in the printing industry, and the onus is on companies like Howard Hunt to take adequate steps to control risks and protect their workforce."

Company fined after toppling trolley severs worker's fingers

A food manufacturer has been fined for safety failings after a customised rack toppled over and sliced through a worker's hand.

The 35-year-old, from Middlesex, who does not want to be named, had the little and ring fingers on his right hand severed to below the knuckle in the incident at Noon Products Ltd, on Dean Way, Southall, on 26 July 2012.

The Surrey-based company was prosecuted by the Health and Safety Executive (HSE) after an investigation found the rack posed a clear danger.

Westminster Magistrates' Court heard the worker was using a tall rack with wheels to move trays of products. It featured a custom-made sheet metal top cover that had been unsuccessfully trialled but needlessly left in situ.

The rack had been poorly loaded by a colleague and as he pushed it, it overbalanced and toppled over, taking him with it. The sharp edge of the top cover landed directly on his right hand and cut clean through his fingers and knuckles.

He was hospitalised for ten days as surgeons successfully reattached his fingers. However, he is still unable to return to work and has been left with limited mobility that makes everyday tasks difficult or impossible.

HSE found the rack was inherently unsafe because it was top heavy thanks to the custom cover, which had been made in-house by Noon Products. It should have been removed as soon as an earlier trial had established it required modification, especially as a standard cover was available from the rack manufacturer that would have provided a safer suitable alternative.

Magistrates were told the incident could also have been prevented had the company better communicated and monitored the risks arising from overloading the rack, which are well known in the industry.

Noon Products Ltd, of Thorpe Lea Road, Egham, Surrey, was fined £12,000 and ordered to pay £5,068 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

After the hearing HSE Inspector Neil Fry said:

"Thankfully this incident was not symptomatic of widespread failures at Noon Products Ltd. The company has a proactive commitment to health and safety, and is keen to instigate improvements.

"Nevertheless, a worker was seriously injured and it serves as a reminder that irrespective of what processes and systems are in place you have to be vigilant at all times.

"Equipment must be safe, all employees must be competent and properly trained, and any non-compliance with safe-working practices must be stopped."