Online delivery driver no longer able to carry shopping upstairs
Issue
Enquirer’s regular supermarket online delivery driver says he can no longer carry shopping upstairs due to health and safety issues. Enquirer understands that delivery people must be careful and wouldn't want anyone to hurt themselves, but the driver stated this new rule also helped them do more deliveries.Panel decision
The supermarket chain have made clear that this change in service is in fact a trial in a limited number of locations and has not been prompted by health and safety at all. There are no health and safety reasons why bags cannot be delivered upstairs. The driver should have made clear to the customer that a trial process was underway and asked for customer feedback not used the health and safety excuse.University’s hot air vents covered with anti-homeless cages
Issue
A university has covered hot air vents with anti-homeless cages citing health & safety reasons.Panel decision
Whilst there may be some small health risks e.g. from carbon monoxide exposure in the exhaust gases from the boiler vents, the main concerns appear to relate to possible fires near the vents and the potential for blockages of the vents to shutdown boilers which are critical to ongoing research work.Getting the right balance between these issues for the university and being sensitive to the needs of others is challenging and the real reasons for covering the vents was not fully explained initially. As with many mythbuster cases, clear and open communications from the outset can help explain the real reasons behind decisions and avoid the appearance of simply quoting ‘health and safety’ as a convenient catch all excuse
Coach driver unable to turn off inside overhead lights
Issue
Enquirer was travelling on a coach when the driver made an announcement that he could not turn off two small LED overhead lights due to health and safety reasons. There were still blue LED lights running the entire length of the coach at ground level along the walkway.Panel decision
Overhead lights are provided to assist passengers who, for example, may want to read at night. Their use should be at the discretion of the passenger and there is no health and safety reason why they could not be switched off. If there was some other reason why the lights on this particular coach could not be turned off the driver should have provided a proper explanation instead of wrongly using ‘health and safety’ as an excuseVector Aerospace fined after workers’ health suffers
- An international aerospace company based in Hampshire has been prosecuted after 13 employees were found to be suffering varying degrees of a debilitating nerve condition.
The Health and Safety Executive (HSE) prosecuted Vector Aerospace International Limited, of Gosport, after investigating reports that workers were being diagnosed with Hand Arm Vibration Syndrome (HAVS).
In total, 13 cases emerged of employees who had worked at the same site for between five and 45 years. Two of them were diagnosed at Stage 3 – showing the most severe and painful symptoms.
Portsmouth Magistrates were told that Vector Aerospace, which has a workforce of some 2,700 internationally and 1,100 at Gosport, had surveyed the tools being used by workers in 2007. At that stage they had taken the decision that no controls were needed.
As a result, and despite later reviewing their risk assessment, that error was not identified and the recognised risks of vibration from the use of around 1,600 tools by 400-450 employees on the site was never controlled. The absence of mitigating measures for the workers led to some being exposed to vibration levels likely to have exceeded the legal limits.
HSE also found that the staff on site using such tools had not been provided with any information or training about the risks posed from the work they were carrying out. The 13 cases were identified in 2013/14 after improved health surveillance was eventually introduced.
The court heard that serious cases of HAVS result in circulation problems, leaving hands white and dead in the cold and with extreme pain on warming. Nerve damage means those affected find it hard to carry out finer day-to-day tasks needing dexterity and grip.
Vector Aerospace International Ltd of Fleetlands, Fareham Road, Gosport, Hampshire, was fined a total of £50,000 and ordered to pay £2,514 in costs after admitting three charges under the Control of Vibration at Work Regulations 2005.
After the hearing, HSE inspector Alec Ryan said:
“Vector Aerospace had the resources to protect its employees from the well-known effects of excessive exposure to vibration but failed to do so over a significant number of years.
“As a result, 13 employees developed symptoms of HAVS which can affect all aspects of their lives. HSE’s intervention in 2013 was as a result of the company bringing in health surveillance for the first time. Although this identified these cases, it came too late for these workers.
“The company failed to assess the risks and implement the necessary controls. Employers have a duty to provide effective measures to ensure the health of their staff is not seriously or permanently harmed by the work they are asked to do.”
Roof fall put worker in hospital
In total, 13 cases emerged of employees who had worked at the same site for between five and 45 years. Two of them were diagnosed at Stage 3 – showing the most severe and painful symptoms.
Portsmouth Magistrates were told that Vector Aerospace, which has a workforce of some 2,700 internationally and 1,100 at Gosport, had surveyed the tools being used by workers in 2007. At that stage they had taken the decision that no controls were needed.
As a result, and despite later reviewing their risk assessment, that error was not identified and the recognised risks of vibration from the use of around 1,600 tools by 400-450 employees on the site was never controlled. The absence of mitigating measures for the workers led to some being exposed to vibration levels likely to have exceeded the legal limits.
HSE also found that the staff on site using such tools had not been provided with any information or training about the risks posed from the work they were carrying out. The 13 cases were identified in 2013/14 after improved health surveillance was eventually introduced.
The court heard that serious cases of HAVS result in circulation problems, leaving hands white and dead in the cold and with extreme pain on warming. Nerve damage means those affected find it hard to carry out finer day-to-day tasks needing dexterity and grip.
Vector Aerospace International Ltd of Fleetlands, Fareham Road, Gosport, Hampshire, was fined a total of £50,000 and ordered to pay £2,514 in costs after admitting three charges under the Control of Vibration at Work Regulations 2005.
After the hearing, HSE inspector Alec Ryan said:
“Vector Aerospace had the resources to protect its employees from the well-known effects of excessive exposure to vibration but failed to do so over a significant number of years.
“As a result, 13 employees developed symptoms of HAVS which can affect all aspects of their lives. HSE’s intervention in 2013 was as a result of the company bringing in health surveillance for the first time. Although this identified these cases, it came too late for these workers.
“The company failed to assess the risks and implement the necessary controls. Employers have a duty to provide effective measures to ensure the health of their staff is not seriously or permanently harmed by the work they are asked to do.”
Roof fall put worker in hospital
- A West Yorkshire green energy firm and a solar installer have been prosecuted for safety breaches after a labourer was severely injured when he fell nearly seven metres from a roof.
The 27-year-old worker, who had no experience of installing solar panels, lost his footing when rain began to fall while he was on a barn roof in Lepton, Huddersfield. He slipped onto his back and went sliding down the roof. He tried to grab a bracket but failed to get a grip and slid feet first over the edge.
The man, from Leeds, landed in bushes below and broke seven ribs, his collarbone and suffered a bruised lung. He has since returned to work.
The incident, on 27 June 2013, was investigated by the HSE, which identified serious safety failings by Peter King, trading as Kingson Roofing, Building and Construction, of Ossett; and Investment Renewables Ltd, of Wakefield.
Kirklees Magistrates heard that Mr King was subcontracted by Investment Renewables to install 56 solar panels on the barn roof. He was one of three men working on the installation though only one had any experience.
The workers used a four-lift tower scaffold to reach the sheet metal pitched roof and had installed 13 of the panels when it started to rain. The labourer lost his footing on the wet surface shortly after and slid over the edge as there were no safety measures in place to prevent or mitigate falls.
HSE found Investment Renewables had not adequately assessed the risks arising from the solar panel roof installation, and had also failed to ensure its sub-contractor, Mr King, had done so.
As a result, no safe system was in place for the work itself and neither of the defendants had provided or arranged for edge protection to be installed to guard against roof falls.
In addition Investment Renewables had not supervised the work to ensure their sub-contractor was operating safely. Peter King hadn’t planned the job, didn’t provide the right equipment and hadn’t trained two of his workers properly.
Investment Renewables Ltd, of Wakefield Road, Grange Moor, Wakefield, was fined £14,000 and ordered to pay £404 in costs after admitting breaching the Health and Safety at Work etc Act 1974.
Peter King, Kingson Roofing, Building and Construction, of Wesley Street, Ossett, Wakefield, was fined £10,000, also with £404 to pay in costs, for a breach of the same Act.
After the hearing, HSE inspector Andy Denison said:
“This worker’s fall and his subsequent painful injuries could easily have been prevented had basic safety precautions been put in place. Each party failed in its responsibilities to protect the workers from danger by assessing risks and providing a safe system of work.
“Mr King had obviously not planned the job thoroughly – he had only looked at a photo of the building and not even visited the site. Investment Renewables also failed to make sure the work was safely planned and did not supervise it.
“Despite clear guidance from HSE and the solar panel industry, companies continue to work on roofs without suitable precautions, posing an entirely unacceptable risk of serious injury, or even death, to employees.”
The man, from Leeds, landed in bushes below and broke seven ribs, his collarbone and suffered a bruised lung. He has since returned to work.
The incident, on 27 June 2013, was investigated by the HSE, which identified serious safety failings by Peter King, trading as Kingson Roofing, Building and Construction, of Ossett; and Investment Renewables Ltd, of Wakefield.
Kirklees Magistrates heard that Mr King was subcontracted by Investment Renewables to install 56 solar panels on the barn roof. He was one of three men working on the installation though only one had any experience.
The workers used a four-lift tower scaffold to reach the sheet metal pitched roof and had installed 13 of the panels when it started to rain. The labourer lost his footing on the wet surface shortly after and slid over the edge as there were no safety measures in place to prevent or mitigate falls.
HSE found Investment Renewables had not adequately assessed the risks arising from the solar panel roof installation, and had also failed to ensure its sub-contractor, Mr King, had done so.
As a result, no safe system was in place for the work itself and neither of the defendants had provided or arranged for edge protection to be installed to guard against roof falls.
In addition Investment Renewables had not supervised the work to ensure their sub-contractor was operating safely. Peter King hadn’t planned the job, didn’t provide the right equipment and hadn’t trained two of his workers properly.
Investment Renewables Ltd, of Wakefield Road, Grange Moor, Wakefield, was fined £14,000 and ordered to pay £404 in costs after admitting breaching the Health and Safety at Work etc Act 1974.
Peter King, Kingson Roofing, Building and Construction, of Wesley Street, Ossett, Wakefield, was fined £10,000, also with £404 to pay in costs, for a breach of the same Act.
After the hearing, HSE inspector Andy Denison said:
“This worker’s fall and his subsequent painful injuries could easily have been prevented had basic safety precautions been put in place. Each party failed in its responsibilities to protect the workers from danger by assessing risks and providing a safe system of work.
“Mr King had obviously not planned the job thoroughly – he had only looked at a photo of the building and not even visited the site. Investment Renewables also failed to make sure the work was safely planned and did not supervise it.
“Despite clear guidance from HSE and the solar panel industry, companies continue to work on roofs without suitable precautions, posing an entirely unacceptable risk of serious injury, or even death, to employees.”
Contractor in court for worker’s injuries in roof fall
- A former Tiverton building firm has been fined for safety failings after a worker suffered severe arm injuries when he fell through an unguarded fragile roof light.
Paul Osmond, of Hele, Exeter, broke his right arm and injured his left shoulder in the incident at a warehouse in Bancombe Court, Martock, on 31 January this year. He fell 4.5 metres onto a concrete floor after stepping onto the skylight.
The incident was investigated by the HSE, which prosecuted Philip Saunders Building Contractors at Yeovil Magistrates’ Court.
The court heard that Mr Osmond and a fellow workman were tasked with installing a new roof over an existing tin one.
No mention had been made of the fragile skylights before the work began and no arrangements had been made to install netting to lessen the impact of any falls.
The duo arrived at the site early in the morning while it was still dark. Both warehouses were locked so there was no means way of gaining access to install safety netting anyway.
When Mr Osmond stepped onto the skylight it gave way, sending him crashing to the floor below. His arm required surgery and was in plaster for six weeks, rendering him unable to work.
HSE’s investigation found no safe system for covering the skylights had been shown to Mr Osmond or his colleague, such as placing netting or scaffolding underneath to prevent falls.
Philip Saunders Contractors Ltd, of Tiverton, which is now in liquidation, was fined £12,500 and ordered to pay £2,850 in costs after pleading not guilty breaching the Work at Height Regulations 2005.
HSE Inspector James Lucas, speaking after the hearing, said:
“Although Mr Osmond’s injuries have caused him a great deal of pain and discomfort, he was fortunate his injuries were not more serious or even fatal.
“This incident could easily have been prevented if the job had been planned properly and safety netting or scaffolding installed.
“Falls from height are the biggest cause of workplace deaths and it’s crucial that employers make sure work sufficient measures are put in place to protect staff from the risks. There is no excuse for employers failing to safeguard workers who have to work at height.”
The incident was investigated by the HSE, which prosecuted Philip Saunders Building Contractors at Yeovil Magistrates’ Court.
The court heard that Mr Osmond and a fellow workman were tasked with installing a new roof over an existing tin one.
No mention had been made of the fragile skylights before the work began and no arrangements had been made to install netting to lessen the impact of any falls.
The duo arrived at the site early in the morning while it was still dark. Both warehouses were locked so there was no means way of gaining access to install safety netting anyway.
When Mr Osmond stepped onto the skylight it gave way, sending him crashing to the floor below. His arm required surgery and was in plaster for six weeks, rendering him unable to work.
HSE’s investigation found no safe system for covering the skylights had been shown to Mr Osmond or his colleague, such as placing netting or scaffolding underneath to prevent falls.
Philip Saunders Contractors Ltd, of Tiverton, which is now in liquidation, was fined £12,500 and ordered to pay £2,850 in costs after pleading not guilty breaching the Work at Height Regulations 2005.
HSE Inspector James Lucas, speaking after the hearing, said:
“Although Mr Osmond’s injuries have caused him a great deal of pain and discomfort, he was fortunate his injuries were not more serious or even fatal.
“This incident could easily have been prevented if the job had been planned properly and safety netting or scaffolding installed.
“Falls from height are the biggest cause of workplace deaths and it’s crucial that employers make sure work sufficient measures are put in place to protect staff from the risks. There is no excuse for employers failing to safeguard workers who have to work at height.”
Scaffold firm owner ‘put lives at risk’
- The owner of a Surrey-based scaffolding firm has been prosecuted after he and an employee were captured on camera balancing on a single rail some nine metres above ground.
The photos of the incident at a three-storey office in Horley on 4 February 2014, taken by a shocked member of the public, were sent to the HSE, which investigated. Redhill Magistrates heard how Jason Hewett, 44, the owner of Crest Scaffolding Services, had put his own life and the lives of two scaffolders in jeopardy by failing to have any fall prevention measures in place.
HSE, which brought the prosecution against Mr Hewett for safety breaches, told the court that one photo clearly depicts two workers balancing on a single pole with no guardrails to prevent them from falling from a dangerous height. Neither of them wore a harness.
A second photo shows two scaffolders working from boards but, once again, there was not one guardrail to be seen and no harnesses were in use to protect the men.
Jason Hewett, of Benhams Drive, Horley, Surrey, was fined £265 and ordered to pay £511 in costs after admitting a breach of the Work at Height Regulations 2005.
After the hearing, HSE Inspector Amanda Huff said:
“Jason Hewett put his own life at risk and the lives of two other workers by carrying out this scaffolding job in a totally unsafe manner. Anyone falling from nine metres would likely be killed and that type of disregard for safety is totally unacceptable.
“Mr Hewett failed to follow basic safety precautions and heed the professional guidance available to scaffolding companies. Where practical when erecting scaffolding, they should work from a fully-boarded scaffold and guardrail. If this is not possible, all scaffolders should wear clipped-on harnesses.”
HSE, which brought the prosecution against Mr Hewett for safety breaches, told the court that one photo clearly depicts two workers balancing on a single pole with no guardrails to prevent them from falling from a dangerous height. Neither of them wore a harness.
A second photo shows two scaffolders working from boards but, once again, there was not one guardrail to be seen and no harnesses were in use to protect the men.
Jason Hewett, of Benhams Drive, Horley, Surrey, was fined £265 and ordered to pay £511 in costs after admitting a breach of the Work at Height Regulations 2005.
After the hearing, HSE Inspector Amanda Huff said:
“Jason Hewett put his own life at risk and the lives of two other workers by carrying out this scaffolding job in a totally unsafe manner. Anyone falling from nine metres would likely be killed and that type of disregard for safety is totally unacceptable.
“Mr Hewett failed to follow basic safety precautions and heed the professional guidance available to scaffolding companies. Where practical when erecting scaffolding, they should work from a fully-boarded scaffold and guardrail. If this is not possible, all scaffolders should wear clipped-on harnesses.”
Firm fined over building collapse scare
- A Harrow-based building firm has appeared in court after a botched demolition sent masonry crashing into the kitchen of a neighbouring property, narrowly missing an occupant who had just left the room.
Axis Build Ltd, of Drummond Drive, Stanmore, was sentenced for safety failings following the part collapse of a home it was demolishing in Adelaide Close, Stanmore, on 6 June 2013.
Westminster Magistrates were told that debris, including large slabs of brickwork from an end wall, fell on top of the next door property because the firm had failed to properly plan the demolition job to prevent part of the building collapsing in an uncontrolled manner.
An investigation by the HSE found the incident could have easily been avoided had Axis Build Ltd used competent people, such as a structural engineer, in the planning process.
The court heard although there had been no injuries, an occupant of the neighbouring house had been in the kitchen only moments before masonry had crashed through a skylight.
Axis Build Ltd, registered in Chesham, Bucks, was fined £8,000 and ordered to pay £1,338 in costs after admitting breaching the Construction (Design and Management) Regulations by failing to plan the demolition in such a way as to avoid danger, or reduce it to as low a level as possible.
After the hearing, HSE Inspector Jack Wilby said:
“With this type of demolition, where an excavator eats into the building from one side to the other, there is likely to be a free-standing wall at one end that should be supported, particularly, where this wall is close to a boundary wall.
“The removal by Axis Build of parts of the building without supporting a remaining wall led to the uncontrolled collapse of that wall. This resulted in immediate danger to both the employees and other people – in this case the residents of the house next door.” “The competence of those assessing the risks of the job was just not good enough. You need someone who understands the integrity of domestic buildings and how they are held together.
“The resulting clear-up operation put further lives at risk as workers went up on to a roof without adequate means to prevent them from falling from that roof.”
Westminster Magistrates were told that debris, including large slabs of brickwork from an end wall, fell on top of the next door property because the firm had failed to properly plan the demolition job to prevent part of the building collapsing in an uncontrolled manner.
An investigation by the HSE found the incident could have easily been avoided had Axis Build Ltd used competent people, such as a structural engineer, in the planning process.
The court heard although there had been no injuries, an occupant of the neighbouring house had been in the kitchen only moments before masonry had crashed through a skylight.
Axis Build Ltd, registered in Chesham, Bucks, was fined £8,000 and ordered to pay £1,338 in costs after admitting breaching the Construction (Design and Management) Regulations by failing to plan the demolition in such a way as to avoid danger, or reduce it to as low a level as possible.
After the hearing, HSE Inspector Jack Wilby said:
“With this type of demolition, where an excavator eats into the building from one side to the other, there is likely to be a free-standing wall at one end that should be supported, particularly, where this wall is close to a boundary wall.
“The removal by Axis Build of parts of the building without supporting a remaining wall led to the uncontrolled collapse of that wall. This resulted in immediate danger to both the employees and other people – in this case the residents of the house next door.” “The competence of those assessing the risks of the job was just not good enough. You need someone who understands the integrity of domestic buildings and how they are held together.
“The resulting clear-up operation put further lives at risk as workers went up on to a roof without adequate means to prevent them from falling from that roof.”
Companies prosecuted for safety failings after worker crushed
- Two Derbyshire companies have been fined for safety failings after a worker was crushed whilst dismantling steelwork.
Chesterfield Magistrates’ Court heard that the 47-year-old man from Chesterfield was employed to dismantle surplus steelwork and associated fittings for MMD Mining Machinery Developments Ltd at premises in Cotes Park Lane, Somercotes, when the incident happened on 3 May 2011.
He was employed by Instant Installations Ltd, which had been contracted to supply labour for the dismantling work for MMD Mining Machinery Developments Ltd’s newly-acquired building, next to its existing Somercotes factory.
He and other colleagues were using a scissor lift type of mobile elevating work platform and other equipment to remove surplus steelwork including some of the steel beams on which the overhead travelling cranes ran.
An investigation by the HSE found both companies failed to plan the dismantling work and to record the arrangements for carrying out the work.
MMD Mining Machinery Developments had failed to notify HSE of the construction project, only doing so six weeks after the incident. In order to gain access to the steelwork to remove bolts, Instant Installations Ltd used a scissor lift that had been leased by MMD Mining Machinery Developments.
However, the scissor lift was also used to lower steel beams at height by resting them on the guard rails of the platform. The scissor lift was not designed for such work and an appropriate lifting device or crane should have been used.
Having removed single section beams (each typically weighing 430kg) using the scissor lift, the injured person and a colleague worked from the scissor lift and attempted to remove a compound crane beam. This was longer and heavier, weighing in excess of a tonne, which was more than twice the scissor lift’s safe working load.
After removing bolts keeping the beam in place using a cherry picker, the injured person raised the scissor lift underneath the compound beam without the stabiliser legs deployed.
When the guard rail rested up against the beam, the lift’s alarm sounded, informing the workers the lift was overloaded. Repeated attempts to place the handrail of the platform against the underside of the unfastened compound beam led to the beam becoming unstable and it toppled towards the factory floor.
The compound beam had been positioned centrally on the scissor lift, and the injured person was operating the platform controls from a position between the compound beam and the handrailing.
As the beam toppled towards the factory floor, the injured person was struck by the falling compound beam, causing him serious head and chest crush injuries. He remains off work.
The compound beam falling to the ground also caused the elevated platform to sway significantly, leaving the co-worker fearful of being thrown from the lift platform.
MMD Mining Machinery Developments Ltd was fined £ 26,666 and ordered to pay £8,013 in costs after pleading guilty to breaching regulations 21, 29(1) and 29(2) of the Construction (Design and Management) Regulations 2007.
Instant Installations Ltd, of Station Lane, New Whittington, was fined £20,000 and ordered to pay costs of £8,013 after admitting breaching regulation 4(3) of the Provision and Use of Work Equipment Regulations 1998, and regulations 29(1) and 29(2) of the Construction (Design and Management) Regulations 2007.
After the hearing, HSE inspector Grayam Barnes said:
“This incident, which saw completely inadequate equipment being used to remove heavy steel beams at height, could easily have resulted in a fatality.
“It is the duty of employers to ensure that the correct work equipment is provided to carry out the work they have been tasked with.
“The failure of MMD Ltd in not notifying this work as a construction project also precluded them the opportunity to seek competent advice for the construction work.
“The failure to make the statutory notification meant they then carried the statutory duties of the ‘client’, ‘CDM co-ordinator’ and ‘principal contractor’.
“This incident demonstrates they were not competent to undertake those roles.
“Had they sourced and properly made such appointments then it is unlikely this incident would have occurred.
“This work was not properly planned out by either company and that lack of planning has led to a worker suffering very serious injuries which he is still recovering from more than three years later.”
He was employed by Instant Installations Ltd, which had been contracted to supply labour for the dismantling work for MMD Mining Machinery Developments Ltd’s newly-acquired building, next to its existing Somercotes factory.
He and other colleagues were using a scissor lift type of mobile elevating work platform and other equipment to remove surplus steelwork including some of the steel beams on which the overhead travelling cranes ran.
An investigation by the HSE found both companies failed to plan the dismantling work and to record the arrangements for carrying out the work.
MMD Mining Machinery Developments had failed to notify HSE of the construction project, only doing so six weeks after the incident. In order to gain access to the steelwork to remove bolts, Instant Installations Ltd used a scissor lift that had been leased by MMD Mining Machinery Developments.
However, the scissor lift was also used to lower steel beams at height by resting them on the guard rails of the platform. The scissor lift was not designed for such work and an appropriate lifting device or crane should have been used.
Having removed single section beams (each typically weighing 430kg) using the scissor lift, the injured person and a colleague worked from the scissor lift and attempted to remove a compound crane beam. This was longer and heavier, weighing in excess of a tonne, which was more than twice the scissor lift’s safe working load.
After removing bolts keeping the beam in place using a cherry picker, the injured person raised the scissor lift underneath the compound beam without the stabiliser legs deployed.
When the guard rail rested up against the beam, the lift’s alarm sounded, informing the workers the lift was overloaded. Repeated attempts to place the handrail of the platform against the underside of the unfastened compound beam led to the beam becoming unstable and it toppled towards the factory floor.
The compound beam had been positioned centrally on the scissor lift, and the injured person was operating the platform controls from a position between the compound beam and the handrailing.
As the beam toppled towards the factory floor, the injured person was struck by the falling compound beam, causing him serious head and chest crush injuries. He remains off work.
The compound beam falling to the ground also caused the elevated platform to sway significantly, leaving the co-worker fearful of being thrown from the lift platform.
MMD Mining Machinery Developments Ltd was fined £ 26,666 and ordered to pay £8,013 in costs after pleading guilty to breaching regulations 21, 29(1) and 29(2) of the Construction (Design and Management) Regulations 2007.
Instant Installations Ltd, of Station Lane, New Whittington, was fined £20,000 and ordered to pay costs of £8,013 after admitting breaching regulation 4(3) of the Provision and Use of Work Equipment Regulations 1998, and regulations 29(1) and 29(2) of the Construction (Design and Management) Regulations 2007.
After the hearing, HSE inspector Grayam Barnes said:
“This incident, which saw completely inadequate equipment being used to remove heavy steel beams at height, could easily have resulted in a fatality.
“It is the duty of employers to ensure that the correct work equipment is provided to carry out the work they have been tasked with.
“The failure of MMD Ltd in not notifying this work as a construction project also precluded them the opportunity to seek competent advice for the construction work.
“The failure to make the statutory notification meant they then carried the statutory duties of the ‘client’, ‘CDM co-ordinator’ and ‘principal contractor’.
“This incident demonstrates they were not competent to undertake those roles.
“Had they sourced and properly made such appointments then it is unlikely this incident would have occurred.
“This work was not properly planned out by either company and that lack of planning has led to a worker suffering very serious injuries which he is still recovering from more than three years later.”
South London waste firm’s ‘dismal’ safety record
- A waste firm in south-east London has been prosecuted after repeatedly putting its employees at risk of injury, or even death, from use of heavy machinery that was often left in a dangerous condition.
Westminster Magistrates heard that the HSE had to serve Greenwich-based Murphys (Waste) Ltd with a total of ten enforcement notices between 2009 and early 2014. The most serious breaches related to defects in machines which presented a ‘risk of death or serious personal injury to employees and people on site’.
HSE told the court the latest two failures, relating to a loading shovel and a 360 degree excavator, had prompted the prosecution of the company in light of their poor safety record.
During an annual inspection by an engineer in Oct 2013, several defects were found with the loading shovel. The worst was extensive damage to the bolts fixing the front bucket to the machine, which could have led to the bucket falling off and crushing anyone nearby.
Murphys (Waste) Ltd was advised not to use it until repairs were carried out but were later found to have kept it in use until a visit by HSE in January 2014, when a prohibition notice was served to halt any further use of the vehicle.
In a visit just days later, HSE identified an excavator was being used but had neither its left-side mirror or rear mirror in place, severely restricting visibility of the driver while moving about the site, again posing a risk to other workers. HSE served a further prohibition notice on the company preventing its use.
The court was told that on top of these two breaches, the company had been inspected by HSE six times over five years resulting in eight enforcement notices. Two of these had related to defects on a shovel loader and one had required the firm to introduce a proper system for maintenance of the vehicles.
Murphys (Waste) Ltd of Horn Lane, Greenwich, SE London, was fined a total of £6,000 and ordered to pay £1,287 in costs after admitting two offences under the Provision and Use of Work Equipment Regulations 1998.
After the hearing, HSE inspector John Crookes said:
“Murphys (Waste) has a dismal record of compliance with safety legislation and seemed to be content with repeatedly exposing its employees to unnecessary danger.
“This is a waste management company that takes bulk material from construction sites and uses heavy earth-moving plant. The risks associated with the waste industry are well-documented and widely recognised, but it is one of the most dangerous sectors.
“No company in the industry should be failing to address these risks and no worker should be regularly exposed to such uncontrolled dangers. All work vehicles and equipment must be kept in an efficient condition and in good state of repair.”
Waste and recycling is one of the industries in which employees are most likely to be injured by their jobs according to the latest 2013/14 HSE statistics with 486 major/specified injuries.
HSE told the court the latest two failures, relating to a loading shovel and a 360 degree excavator, had prompted the prosecution of the company in light of their poor safety record.
During an annual inspection by an engineer in Oct 2013, several defects were found with the loading shovel. The worst was extensive damage to the bolts fixing the front bucket to the machine, which could have led to the bucket falling off and crushing anyone nearby.
Murphys (Waste) Ltd was advised not to use it until repairs were carried out but were later found to have kept it in use until a visit by HSE in January 2014, when a prohibition notice was served to halt any further use of the vehicle.
In a visit just days later, HSE identified an excavator was being used but had neither its left-side mirror or rear mirror in place, severely restricting visibility of the driver while moving about the site, again posing a risk to other workers. HSE served a further prohibition notice on the company preventing its use.
The court was told that on top of these two breaches, the company had been inspected by HSE six times over five years resulting in eight enforcement notices. Two of these had related to defects on a shovel loader and one had required the firm to introduce a proper system for maintenance of the vehicles.
Murphys (Waste) Ltd of Horn Lane, Greenwich, SE London, was fined a total of £6,000 and ordered to pay £1,287 in costs after admitting two offences under the Provision and Use of Work Equipment Regulations 1998.
After the hearing, HSE inspector John Crookes said:
“Murphys (Waste) has a dismal record of compliance with safety legislation and seemed to be content with repeatedly exposing its employees to unnecessary danger.
“This is a waste management company that takes bulk material from construction sites and uses heavy earth-moving plant. The risks associated with the waste industry are well-documented and widely recognised, but it is one of the most dangerous sectors.
“No company in the industry should be failing to address these risks and no worker should be regularly exposed to such uncontrolled dangers. All work vehicles and equipment must be kept in an efficient condition and in good state of repair.”
Waste and recycling is one of the industries in which employees are most likely to be injured by their jobs according to the latest 2013/14 HSE statistics with 486 major/specified injuries.
