Company fined after worker hit by concrete beam
- A construction company has been fined after a worker suffered serious injuries when he was struck by a concrete beam that fell from a telehandler.
Leicester Magistrates’ Court heard that M&J Ballantyne Ltd had been contracted to build a house on land in Ketton, Rutland.
Concrete beams for the ground floor had arrived and were stacked around the site. The next day workers began to install them and they were moved from their various locations around the site on a telehandler. The beams were carried either on the forks or using two slings.
On 14 March 2014 a 4.75-metre beam weighing around 300kg was placed into slings which were slung from a single fork, lifted off the ground and rotated through 90 degrees.
One employee, Derek Graham, 51, of Ancrum, Roxburghshire, kept hold of the end of the beam to stop it swinging into the front of the vehicle while a colleague lifted the telehandler forks to raise the beam to shoulder height. The driver started to reverse the telehandler at which point one of the slings slipped off the fork, bringing the beam crashing down on Mr Graham.
He was airlifted to hospital with severe pelvic injuries and spent six weeks in hospital undergoing a series of operations. He remains off work undergoing physiotherapy and may be unable to return to the same work which he has been doing for 22 years.
A Health and Safety Executive (HSE) investigation found that a method statement prepared for the lifting of the beams said slings should be securely choked around the beam and lifted on the telehandler using a sling-lifting eye. Mr Graham had not seen this document and his colleague operating the telehandler had not received any formal training. A risk assessment had been carried out but did not identify the need for a specific lifting plan or technical information on the loads to be lifted.
M&J Ballantyne Ltd, of Sheddon Park Road, Kelso, Roxburghshire, was fined £10,000 and ordered to pay £551 in costs after pleading guilty to breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998.
Speaking after the hearing, HSE principal inspector Tony Mitchell said:
“The lifting of heavy loads where workers are under or in the near vicinity of the suspended load is a high risk activity that can result in serious or even fatal injury. The dangers of lifting operations such as this are well-known and understood in the construction industry. There is ample free guidance available on how to comply with the law and carry out the work safely.
“After the incident, an Improvement Notice was served on the company after it failed to assess the risks and take appropriate action to control and manage them, and prepare a lifting plan. The company complied with this notice and also purchased a suitable lifting attachment to be fitted over the forks which would provide a single lifting point.
“It is a pity they did not consider doing this before a worker suffered a painful but preventable injury.”
Concrete beams for the ground floor had arrived and were stacked around the site. The next day workers began to install them and they were moved from their various locations around the site on a telehandler. The beams were carried either on the forks or using two slings.
On 14 March 2014 a 4.75-metre beam weighing around 300kg was placed into slings which were slung from a single fork, lifted off the ground and rotated through 90 degrees.
One employee, Derek Graham, 51, of Ancrum, Roxburghshire, kept hold of the end of the beam to stop it swinging into the front of the vehicle while a colleague lifted the telehandler forks to raise the beam to shoulder height. The driver started to reverse the telehandler at which point one of the slings slipped off the fork, bringing the beam crashing down on Mr Graham.
He was airlifted to hospital with severe pelvic injuries and spent six weeks in hospital undergoing a series of operations. He remains off work undergoing physiotherapy and may be unable to return to the same work which he has been doing for 22 years.
A Health and Safety Executive (HSE) investigation found that a method statement prepared for the lifting of the beams said slings should be securely choked around the beam and lifted on the telehandler using a sling-lifting eye. Mr Graham had not seen this document and his colleague operating the telehandler had not received any formal training. A risk assessment had been carried out but did not identify the need for a specific lifting plan or technical information on the loads to be lifted.
M&J Ballantyne Ltd, of Sheddon Park Road, Kelso, Roxburghshire, was fined £10,000 and ordered to pay £551 in costs after pleading guilty to breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998.
Speaking after the hearing, HSE principal inspector Tony Mitchell said:
“The lifting of heavy loads where workers are under or in the near vicinity of the suspended load is a high risk activity that can result in serious or even fatal injury. The dangers of lifting operations such as this are well-known and understood in the construction industry. There is ample free guidance available on how to comply with the law and carry out the work safely.
“After the incident, an Improvement Notice was served on the company after it failed to assess the risks and take appropriate action to control and manage them, and prepare a lifting plan. The company complied with this notice and also purchased a suitable lifting attachment to be fitted over the forks which would provide a single lifting point.
“It is a pity they did not consider doing this before a worker suffered a painful but preventable injury.”
Firm fined after roof blown off in high winds
- A firm has been prosecuted for safety failings after the roof of a temporary extension at Lynemouth Power Station was blown off in high winds – putting workers and others delivering coal to the site at risk.
A 25-metre span of the roof, that was around six metres long and weighed two tonnes, was blown off its eight-metre high scaffolding end supports on 23 December 2012.
It struck the roof of an adjacent biomass shed before landing 50 metres away beyond the other end of the shed on a roadway used by delivery wagons and occasional pedestrians. Fortunately the timing of the incident, just before Christmas, meant that the normally busy road was deserted.
The contractor responsible for the roof, Pyeroy Limited, was prosecuted at Bedlington Magistrates’ Court after an investigation by the HSE identified issues with its design and build.
The court heard that the roof structure was part of a temporary extension to a permanent shed at the power station, designed to increase capacity and provide weather protection during deliveries by tipper wagons.
In 2011 Pyeroy Ltd had been instructed by the owners of the power station to build a temporary extension to the biomass shed that was designed by an external scaffold design company. This was dismantled in August 2011 once it was no longer required.
Then in May 2012, Pyeroy Ltd was asked to install another temporary extension, this time designed by the in-house design team at Pyeroy Ltd. Although similar to the first structure, it was to be shorter and lower.
It was constructed in June and July 2012 by Pyeroy’s own workforce with the help of a specialist roofing contractor. However, poor communication resulted in an incomplete design plan being used.
HSE established that although the structure was routinely inspected during the build and once it was brought into use from October 2012, it was inherently unsafe.
Magistrates were told that on 22 December it was noted that the weather was worse than normal, with the winds picking up. This meant some of the sheeting on the structure needed to be re-tied.
The temporary roof was blown off its end supports early the following morning. It ended up straddling a safety barrier and a dry riser pipeline between the main delivery access road and the legs of an adjacent conveyor.
HSE inspectors concluded that Pyeroy Ltd had failed to ensure those involved in the construction of the extension had the necessary knowledge and experience to do the work.
The company also failed to properly communicate with the build team and to check the construction was carried out as it should be.
Pyeroy Limited, of Kirkstone House, St Omers Road, Western Riverside Route, Gateshead, was fined £10,000 and ordered to pay £1.045.50 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
After the case, HSE inspector Andrew Woodhall said:
“Thankfully no one was injured as a result of this incident, but it should not and need not have happened.
“It was easily preventable had Pyeroy Ltd ensured the work was carried out to the correct standards; that its team had the necessary skills and experience to carry out the work; and had it checked on the work during construction of the extension.
“Regardless of the wind speeds, no-one knew whether the structure would be properly built or had been properly built, so they could give no assurances about the robustness of the roof. As a result of these failings, workers and others visiting the power station were needlessly put at risk.”
It struck the roof of an adjacent biomass shed before landing 50 metres away beyond the other end of the shed on a roadway used by delivery wagons and occasional pedestrians. Fortunately the timing of the incident, just before Christmas, meant that the normally busy road was deserted.
The contractor responsible for the roof, Pyeroy Limited, was prosecuted at Bedlington Magistrates’ Court after an investigation by the HSE identified issues with its design and build.
The court heard that the roof structure was part of a temporary extension to a permanent shed at the power station, designed to increase capacity and provide weather protection during deliveries by tipper wagons.
In 2011 Pyeroy Ltd had been instructed by the owners of the power station to build a temporary extension to the biomass shed that was designed by an external scaffold design company. This was dismantled in August 2011 once it was no longer required.
Then in May 2012, Pyeroy Ltd was asked to install another temporary extension, this time designed by the in-house design team at Pyeroy Ltd. Although similar to the first structure, it was to be shorter and lower.
It was constructed in June and July 2012 by Pyeroy’s own workforce with the help of a specialist roofing contractor. However, poor communication resulted in an incomplete design plan being used.
HSE established that although the structure was routinely inspected during the build and once it was brought into use from October 2012, it was inherently unsafe.
Magistrates were told that on 22 December it was noted that the weather was worse than normal, with the winds picking up. This meant some of the sheeting on the structure needed to be re-tied.
The temporary roof was blown off its end supports early the following morning. It ended up straddling a safety barrier and a dry riser pipeline between the main delivery access road and the legs of an adjacent conveyor.
HSE inspectors concluded that Pyeroy Ltd had failed to ensure those involved in the construction of the extension had the necessary knowledge and experience to do the work.
The company also failed to properly communicate with the build team and to check the construction was carried out as it should be.
Pyeroy Limited, of Kirkstone House, St Omers Road, Western Riverside Route, Gateshead, was fined £10,000 and ordered to pay £1.045.50 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
After the case, HSE inspector Andrew Woodhall said:
“Thankfully no one was injured as a result of this incident, but it should not and need not have happened.
“It was easily preventable had Pyeroy Ltd ensured the work was carried out to the correct standards; that its team had the necessary skills and experience to carry out the work; and had it checked on the work during construction of the extension.
“Regardless of the wind speeds, no-one knew whether the structure would be properly built or had been properly built, so they could give no assurances about the robustness of the roof. As a result of these failings, workers and others visiting the power station were needlessly put at risk.”
Company and director in court for poor site standards
- A housebuilder and the company’s managing director have been fined for poor welfare facilities and unsafe excavation work at a construction site near Cinderford.
The HSE identified a number of concerns at the new-build development on Hudson Lane, Buckshaft, in December 2013. They included a lack of hot running water and washing facilities, and an unsupported excavation for a new sewer.
Local firm K W Bell Group Ltd and MD Keith Bell, aged 74, both accepted that welfare and safety standards at the site fell short and the offences had been committed with the consent, connivance or was attributable to the neglect of, Keith Bell himself.
Cheltenham Magistrates heard the firm was building five homes at the site, work that commenced in April 2013 and was overseen by Keith Bell
The sanitation and excavation failings were found during a site visit on 11 December, although it was established there had been failures during the entire period of works to date.
HSE served an Improvement Notice requiring urgent welfare improvements. A Prohibition Notice was also served to stop any further excavation work with immediate effect until the excavations were properly supported.
K W Bell Group Ltd, of Whimsey Industrial Estate, Steam Mills Road, Cinderford, was fined a total of £4,000 and ordered to pay £765 in costs after pleading guilty to two separate breaches of the Construction (Design and Management) Regulations 2007.
Keith Bell, of Elton, Gloucestershire was fined £9,000 with £3,502 costs after also pleading guilty to the same breaches.
After the hearing, HSE Inspector Sue Adsett said:
“The standards I saw at the Hudson Lane development were poor. The excavation work, in particular, was a major cause for concern because there was clear evidence of excavation entry without adequate precautions. The consequences of the sides of the excavation collapsing on someone could have been devastating, and precautions, such as a trench box, could have easily been provided mentioned in the company’s own method statement.
“The welfare failings – no toilet or hand washing facilities for four months worth of construction work – were particularly disappointing given previous Improvement Notices served by HSE on the subject at other sites. Construction workers need access to hot running water and washing facilities in order to remove potentially harmful dirt and dust before they eat and drink. It is a clear legal requirement, and both parties should have known that as experienced developers.”
Local firm K W Bell Group Ltd and MD Keith Bell, aged 74, both accepted that welfare and safety standards at the site fell short and the offences had been committed with the consent, connivance or was attributable to the neglect of, Keith Bell himself.
Cheltenham Magistrates heard the firm was building five homes at the site, work that commenced in April 2013 and was overseen by Keith Bell
The sanitation and excavation failings were found during a site visit on 11 December, although it was established there had been failures during the entire period of works to date.
HSE served an Improvement Notice requiring urgent welfare improvements. A Prohibition Notice was also served to stop any further excavation work with immediate effect until the excavations were properly supported.
K W Bell Group Ltd, of Whimsey Industrial Estate, Steam Mills Road, Cinderford, was fined a total of £4,000 and ordered to pay £765 in costs after pleading guilty to two separate breaches of the Construction (Design and Management) Regulations 2007.
Keith Bell, of Elton, Gloucestershire was fined £9,000 with £3,502 costs after also pleading guilty to the same breaches.
After the hearing, HSE Inspector Sue Adsett said:
“The standards I saw at the Hudson Lane development were poor. The excavation work, in particular, was a major cause for concern because there was clear evidence of excavation entry without adequate precautions. The consequences of the sides of the excavation collapsing on someone could have been devastating, and precautions, such as a trench box, could have easily been provided mentioned in the company’s own method statement.
“The welfare failings – no toilet or hand washing facilities for four months worth of construction work – were particularly disappointing given previous Improvement Notices served by HSE on the subject at other sites. Construction workers need access to hot running water and washing facilities in order to remove potentially harmful dirt and dust before they eat and drink. It is a clear legal requirement, and both parties should have known that as experienced developers.”
Construction companies in court after worker sustains head injuries in fall
- Two separate divisions of a Kent construction conglomerate have been fined after a worker was seriously injured in a fall through a fragile garage roof in Gerrards Cross, Buckinghamshire.
The 35 year-old builder from Brazil, who does not want to be named, was helping to remove the roof with a colleague when it collapsed on 8 February 2013.
Both men were sent crashing some two metres to the floor below. His co-worker escaped with only minor cuts and bruising, but he sustained serious head injuries. These injuries include a traumatic brain injury, which required a number of reconstructive surgeries. The injured worker is still suffering with seizures, is forced to have on going medical treatments, and has struggled to return a normal life.
Swanley-based Cablesheer (Asbestos) Ltd and Cablesheer Construction Limited, both part of the wider Cablesheer Group, were prosecuted after an investigation by the HSE identified clear safety failings with the roof work.
High Wycombe Magistrates Court heard the companies failed to ensure workers knew the clear danger of working around fragile buildings. Had workers been trained to understand the dangers of fragile roofs then a new method of work could have been planned.
The work was not planned with a reasonable amount of forethought as it was deemed low risk.
Cablesheer Construction Ltd, of London Road, Swanley, Kent was fined £10,000 and ordered to pay a further £756.50 in costs at High Wycombe Magistrates Court after pleading guilty to breaching Regulation 6(3) of the Work at Height regulations 2005.
Cablesheer (Asbestos) Limited, of the same address, was also fined £10,000 with £756.50 costs for a separate breach of the same legislation.
After the hearing, Inspector Sarah Hill from the Health & Safety Executive said: “The risks from working on fragile roofs are well documented and the hierarchy of controls well established. On this occasion the risks were not properly managed or controlled by either of the respective Cablesheer companies and the fall through the fragile roof was therefore totally preventable.
“There were clear failings with training and a lack of safety measures and equipment, and a worker was seriously injured as a result. Thankfully his colleague escaped relatively unharmed, but he too was put in unnecessary danger. A striking feature of this case is the fact the work could have been planned and managed without the need to physically access the roof in the first place.
“While both the defendant companies did not seek to gain financially by not providing adequate training and work equipment, they accept that not all reasonable practicable steps had been taken to prevent the accident.”
Both men were sent crashing some two metres to the floor below. His co-worker escaped with only minor cuts and bruising, but he sustained serious head injuries. These injuries include a traumatic brain injury, which required a number of reconstructive surgeries. The injured worker is still suffering with seizures, is forced to have on going medical treatments, and has struggled to return a normal life.
Swanley-based Cablesheer (Asbestos) Ltd and Cablesheer Construction Limited, both part of the wider Cablesheer Group, were prosecuted after an investigation by the HSE identified clear safety failings with the roof work.
High Wycombe Magistrates Court heard the companies failed to ensure workers knew the clear danger of working around fragile buildings. Had workers been trained to understand the dangers of fragile roofs then a new method of work could have been planned.
The work was not planned with a reasonable amount of forethought as it was deemed low risk.
Cablesheer Construction Ltd, of London Road, Swanley, Kent was fined £10,000 and ordered to pay a further £756.50 in costs at High Wycombe Magistrates Court after pleading guilty to breaching Regulation 6(3) of the Work at Height regulations 2005.
Cablesheer (Asbestos) Limited, of the same address, was also fined £10,000 with £756.50 costs for a separate breach of the same legislation.
After the hearing, Inspector Sarah Hill from the Health & Safety Executive said: “The risks from working on fragile roofs are well documented and the hierarchy of controls well established. On this occasion the risks were not properly managed or controlled by either of the respective Cablesheer companies and the fall through the fragile roof was therefore totally preventable.
“There were clear failings with training and a lack of safety measures and equipment, and a worker was seriously injured as a result. Thankfully his colleague escaped relatively unharmed, but he too was put in unnecessary danger. A striking feature of this case is the fact the work could have been planned and managed without the need to physically access the roof in the first place.
“While both the defendant companies did not seek to gain financially by not providing adequate training and work equipment, they accept that not all reasonable practicable steps had been taken to prevent the accident.”
London landlord convicted for gas safety dangers
- A landlord has been given a suspended jail sentence and fined £10,000 for putting his tenants’ lives in danger by carrying out illegal gas work at the flats he rented.
Vispasp Sarkari, who rented out five flats in a block on London Road in Wembley, was charged with a serious safety breach after an investigation by the HSE.
Southwark Crown Court heard that Vispasp Sakari was caught ‘red-handed’ on 13 August 2013 carrying out work on a boiler by a visiting National Grid engineer. It followed a complaint that the landlord was working on gas fittings in a flat that was home to a family with children.
HSE found evidence that Mr Sarkari had carried out illegal gas work at the block of flats on a number of occasions, despite the fact he was not Gas Safe registered. On the day of the visit by the National Grid, Mr Sarkari was working with another person and there was no evidence he was registered either with Gas Safe.
The court was told that it was only by being registered with the accreditation body Gas Safe that an individual or firm was legally entitled to undertake any work on gas fittings.
Vispasp Sarkari of Hawthorne Avenue, Harrow, north west London, was sentenced to 12 months’ prison, suspended for two years; 150 hours’ unpaid community work; fined £10,000 and ordered to pay £9,978 in costs after admitting breaching the Gas Safety (Installation & Use) Regulations.
After the hearing, HSE inspector Lisa Chappell said:
“The potential consequences arising from using unregistered and possibly incompetent gas fitters are significant and well-known. They include serious injury from fire, explosion and carbon monoxide poisoning.
“The regulations relevant to who should carry out work on gas appliances are unambiguous.
“As someone carrying out unregistered gas work, and allowing another person to undertake similar illegal work in his properties, Vispasp Sarkari put a number of the tenants, their families and friends, at serious risk of harm.”
Southwark Crown Court heard that Vispasp Sakari was caught ‘red-handed’ on 13 August 2013 carrying out work on a boiler by a visiting National Grid engineer. It followed a complaint that the landlord was working on gas fittings in a flat that was home to a family with children.
HSE found evidence that Mr Sarkari had carried out illegal gas work at the block of flats on a number of occasions, despite the fact he was not Gas Safe registered. On the day of the visit by the National Grid, Mr Sarkari was working with another person and there was no evidence he was registered either with Gas Safe.
The court was told that it was only by being registered with the accreditation body Gas Safe that an individual or firm was legally entitled to undertake any work on gas fittings.
Vispasp Sarkari of Hawthorne Avenue, Harrow, north west London, was sentenced to 12 months’ prison, suspended for two years; 150 hours’ unpaid community work; fined £10,000 and ordered to pay £9,978 in costs after admitting breaching the Gas Safety (Installation & Use) Regulations.
After the hearing, HSE inspector Lisa Chappell said:
“The potential consequences arising from using unregistered and possibly incompetent gas fitters are significant and well-known. They include serious injury from fire, explosion and carbon monoxide poisoning.
“The regulations relevant to who should carry out work on gas appliances are unambiguous.
“As someone carrying out unregistered gas work, and allowing another person to undertake similar illegal work in his properties, Vispasp Sarkari put a number of the tenants, their families and friends, at serious risk of harm.”
Illegal gas fitter put lives at risk through dangerous work
- An unregistered gas fitter has been fined for illegally servicing a boiler at a Honiton home that was later classed as “immediately dangerous”.
David Dawes serviced the boiler at a property in Chestnut Way on a number of occasions after it was fitted in 2005, However, the last service he carried out, in November 2013, happened seven months after his registration with Gas Safe had lapsed, meaning he wasn’t permitted to carry out gas work.
He was prosecuted after his handiwork was investigated by the HSE.
Exeter Magistrates’ Court heard that Mr Dawes lapsed registration came to light when the homeowner asked a properly registered gas engineer to service the boiler. He found a number of defects with the boiler flue and classed it as “immediately dangerous”, meaning it posed a serious risk to life or property.
Mr Dawes, of Pugh Farm, Monkton, near Honiton, pleaded guilty to three breaches of gas safety regulations and was fined £1,600 and ordered to pay £418 in costs.
HSE Inspector Simon Jones, speaking after the hearing, said:
“Only engineers registered with Gas Safe can legally carry out gas work and it is fortunate no-one was harmed as a result of Mr Dawes illegal and dangerous servicing.
“His poor work servicing the boiler put his customers’ lives at risk. If gas appliances, such as ovens, cookers and boilers, are not properly installed there is a risk of fire, explosion, gas leaks and carbon monoxide poisoning.”
Russell Kramer, of Gas Safe Register, said:
“Illegal gas work is dangerous and can put lives and property at risk. Make sure when you’re getting your gas appliances safety checked every year and that it is a registered engineer doing the work. Every registered gas engineer carries a Gas Safe ID card.”
He was prosecuted after his handiwork was investigated by the HSE.
Exeter Magistrates’ Court heard that Mr Dawes lapsed registration came to light when the homeowner asked a properly registered gas engineer to service the boiler. He found a number of defects with the boiler flue and classed it as “immediately dangerous”, meaning it posed a serious risk to life or property.
Mr Dawes, of Pugh Farm, Monkton, near Honiton, pleaded guilty to three breaches of gas safety regulations and was fined £1,600 and ordered to pay £418 in costs.
HSE Inspector Simon Jones, speaking after the hearing, said:
“Only engineers registered with Gas Safe can legally carry out gas work and it is fortunate no-one was harmed as a result of Mr Dawes illegal and dangerous servicing.
“His poor work servicing the boiler put his customers’ lives at risk. If gas appliances, such as ovens, cookers and boilers, are not properly installed there is a risk of fire, explosion, gas leaks and carbon monoxide poisoning.”
Russell Kramer, of Gas Safe Register, said:
“Illegal gas work is dangerous and can put lives and property at risk. Make sure when you’re getting your gas appliances safety checked every year and that it is a registered engineer doing the work. Every registered gas engineer carries a Gas Safe ID card.”
Gardening firm in court over employee’s burns
- A gardening company has been fined after an employee suffered burns while lighting a pile of giant hogweed.
Greenstripe Ltd was prosecuted by the HSE after an investigation found the employee had been given petrol to burn the waste vegetation.
Warrington Crown Court heard the 31-year-old from Poland, who has asked not to be named, had been working with the company’s operations manager in July 2013 to clear grass and giant hogweed from scrubland on Parkgate Road in Chester.
They returned to the site a few days later, on 2 August, when the employee was told to pour petrol from a can on the pile of waste hogweed before using a cigarette lighter to set it on fire.
As he did this, there was an explosion and he was thrown to the ground. The worker’s face, throat, body, arms and hands were burnt.
The court was told there was no need for the hogweed to be burnt as it could have been taken to a licensed waste site. However, the company had failed to carry out a risk assessment for the work.
Greenstripe Ltd, of Deeside Lane in Sealand, Chester, was fined £23,000 and ordered to pay £9,682 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Deborah Walker said:
“A worker has suffered burns that may affect him for the rest of his life because his employer failed to ensure his safety.
“He should never have been told to pour petrol over the weeds and then to light them but Greenstripe didn’t consider that this practice might be dangerous.
“There was absolutely no need for the vegetation to be disposed of in this way, putting the lives of workers in danger. It could easily have been taken to a nearby waste site without the risk of employees being injured.”
Warrington Crown Court heard the 31-year-old from Poland, who has asked not to be named, had been working with the company’s operations manager in July 2013 to clear grass and giant hogweed from scrubland on Parkgate Road in Chester.
They returned to the site a few days later, on 2 August, when the employee was told to pour petrol from a can on the pile of waste hogweed before using a cigarette lighter to set it on fire.
As he did this, there was an explosion and he was thrown to the ground. The worker’s face, throat, body, arms and hands were burnt.
The court was told there was no need for the hogweed to be burnt as it could have been taken to a licensed waste site. However, the company had failed to carry out a risk assessment for the work.
Greenstripe Ltd, of Deeside Lane in Sealand, Chester, was fined £23,000 and ordered to pay £9,682 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Deborah Walker said:
“A worker has suffered burns that may affect him for the rest of his life because his employer failed to ensure his safety.
“He should never have been told to pour petrol over the weeds and then to light them but Greenstripe didn’t consider that this practice might be dangerous.
“There was absolutely no need for the vegetation to be disposed of in this way, putting the lives of workers in danger. It could easily have been taken to a nearby waste site without the risk of employees being injured.”
Furniture company prosecuted over worker’s injury
- A company which manufactures children’s bedroom furniture has been fined after a machine operator suffered serious hand injuries in a makeshift vacuum cleaner.
Leicester Magistrates’ Court heard Belvoir Associates Ltd had modified a portable dust extraction system using pipes and connections to secure a long flexible hose to the extractor’s inlet, but the system regularly became blocked with wooden off-cuts.
On 4 April 2013, the portable dust extraction system had been used to clean down both wood processing machinery and the floor and eventually it became blocked.
Three operatives attempted to unblock it using two tried and tested methods, including the removal of an end cap. When these failed one of them put his left hand into the opening, where the flexible and solid pipes joined, to try clear the blockage, but his hand was drawn directly into the blades of the machine.
He suffered multiple finger fractures and dislocations and required a number of operations. He has undergone physiotherapy but has lost 40 per cent of the use of his hand and is not expected to regain full use of his fingers.
The 46-year-old employee, from Stamford, was off work for ten months but has returned to Belvoir Associates albeit in a different role as he no longer has the manual dexterity to undertake physical work.
A HSE investigation found the company had failed to assess what risks the machine posed to those using it. In addition, no training or information had been provided to employees and the injured employee was unaware of the location of any rotating fan blades.
Belvoir Associates Ltd, of Pillings Road, Oakham, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £20,000 and ordered to pay £4,449 in costs.
After the hearing, HSE inspector David Lefever said:
“This incident was foreseeable and preventable. As soon as the unit was converted, several significant risks resulted. It was, in effect, a Heath Robinson arrangement of domestic pipe fittings, flexible hoses and duct tape, none of which constituted the provision of fixed guards.
“The use of domestic pipe fittings created an obvious place for blockages to occur and using the machine to vacuum not only wood dust but also solid wood waste and off-cuts, as well as general debris from the floor, increased the risk of blockage considerably.
“Belvoir Associates failed to see any of the potential dangers arising from the new use of the unit because it neglected to properly judge the risks. It also failed to act once it became aware of the blockages in the machinery and instead left individual operators to unblock the unit resulting in the development of unsafe methods.”
On 4 April 2013, the portable dust extraction system had been used to clean down both wood processing machinery and the floor and eventually it became blocked.
Three operatives attempted to unblock it using two tried and tested methods, including the removal of an end cap. When these failed one of them put his left hand into the opening, where the flexible and solid pipes joined, to try clear the blockage, but his hand was drawn directly into the blades of the machine.
He suffered multiple finger fractures and dislocations and required a number of operations. He has undergone physiotherapy but has lost 40 per cent of the use of his hand and is not expected to regain full use of his fingers.
The 46-year-old employee, from Stamford, was off work for ten months but has returned to Belvoir Associates albeit in a different role as he no longer has the manual dexterity to undertake physical work.
A HSE investigation found the company had failed to assess what risks the machine posed to those using it. In addition, no training or information had been provided to employees and the injured employee was unaware of the location of any rotating fan blades.
Belvoir Associates Ltd, of Pillings Road, Oakham, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £20,000 and ordered to pay £4,449 in costs.
After the hearing, HSE inspector David Lefever said:
“This incident was foreseeable and preventable. As soon as the unit was converted, several significant risks resulted. It was, in effect, a Heath Robinson arrangement of domestic pipe fittings, flexible hoses and duct tape, none of which constituted the provision of fixed guards.
“The use of domestic pipe fittings created an obvious place for blockages to occur and using the machine to vacuum not only wood dust but also solid wood waste and off-cuts, as well as general debris from the floor, increased the risk of blockage considerably.
“Belvoir Associates failed to see any of the potential dangers arising from the new use of the unit because it neglected to properly judge the risks. It also failed to act once it became aware of the blockages in the machinery and instead left individual operators to unblock the unit resulting in the development of unsafe methods.”
Joinery firm in court after worker loses fingertip
- A Kent joinery firm has been fined for safety failings after an employee lost the tip of his left middle finger on an unguarded piece of machinery.
The 31 year-old, who does not want to be named, required a partial amputation of the injured digit as a result of the incident at North Quay Trading Limited in Whitstable on 5 November 2013, although he was able to return to work shortly after.
The company was prosecuted after an investigation by the HSE found a safety guard had been removed and not replaced.
Canterbury Magistrates’ Court heard the worker was using an overhead router to manually machine a rebate along the edge of some door panels. As he worked on his third or fourth panel his left hand slipped and came into contact with the cutting tool.
HSE established that although a guard was available for the machine in question, it had been removed during a change in tooling and not refitted.
Magistrates were told it had not been seen fitted for a couple of weeks, meaning other workers also risked being injured as they used the router.
North Quay Trading Limited, based at the Joseph Wilson Trading Estate in Milstrood Road, Whitstable, was fined £2,000 and ordered to pay £766 in costs after pleading guilty to a single breach of the Provision and Use of Work Equipment Regulations 1998.
After the hearing HSE Inspector Robert Hassell commented:
“The worker suffered a painful injury and is now permanently disfigured as a result of an incident that was entirely preventable had the safety guard been in place.
“Guards are there for a reason and the onus was on North Quay Trading Limited to instigate routine checks to ensure they were fitted and working effectively at all times.
“A substantial number of the injuries reported to HSE involve workers coming into contact with dangerous moving parts, particularly in a manufacturing environment. The risks are clear and safety guidance is freely available covering guarding requirements.”
The company was prosecuted after an investigation by the HSE found a safety guard had been removed and not replaced.
Canterbury Magistrates’ Court heard the worker was using an overhead router to manually machine a rebate along the edge of some door panels. As he worked on his third or fourth panel his left hand slipped and came into contact with the cutting tool.
HSE established that although a guard was available for the machine in question, it had been removed during a change in tooling and not refitted.
Magistrates were told it had not been seen fitted for a couple of weeks, meaning other workers also risked being injured as they used the router.
North Quay Trading Limited, based at the Joseph Wilson Trading Estate in Milstrood Road, Whitstable, was fined £2,000 and ordered to pay £766 in costs after pleading guilty to a single breach of the Provision and Use of Work Equipment Regulations 1998.
After the hearing HSE Inspector Robert Hassell commented:
“The worker suffered a painful injury and is now permanently disfigured as a result of an incident that was entirely preventable had the safety guard been in place.
“Guards are there for a reason and the onus was on North Quay Trading Limited to instigate routine checks to ensure they were fitted and working effectively at all times.
“A substantial number of the injuries reported to HSE involve workers coming into contact with dangerous moving parts, particularly in a manufacturing environment. The risks are clear and safety guidance is freely available covering guarding requirements.”
Firm in court after worker paralysed in roof fall
- An East Lothian firm has been fined for serious safety failings after a worker was left paralysed when he fell almost four metres through a fragile rooflight.
Neil Knox, then 69, of Pencaitland, East Lothian, is confined to a wheelchair after suffering irreparable damage to his spinal cord in the incident on 14 March 2013 as he replaced plastic rooflights on a farm shed in Lauder, in the Scottish Borders.
Jedburgh Sheriff Court was told that Mr Knox, a time served and experienced worker without any formal training in roofwork, was employed by David Miller Contracts Ltd to carry out roof repairs at the farm.
Mr Knox had climbed onto the roof using a ladder and crawlerboards to allow him to access the rooflights. He removed three of them before being called down for a tea break.
Mr Knox has no recollection of the incident that followed. A colleague knew he had gone back up onto the roof as he heard him moving about before hearing a loud noise. He found Mr Knox lying on the floor underneath a fourth rooflight which had a large hole in it.
Mr Knox was airlifted to hospital with broken ribs, a broken sternum and punctured lungs. His spine was fractured in two places, damaging his spinal cord, which has left him confined to a wheelchair with no movement or sensation in his legs. He also only has 50% lung efficiency due to partial paralysis of his chest muscles.
An investigation by the HSE found that David Miller Contracts Ltd had identified that the roof surface was likely to be fragile but failed to carry out a site-specific risk assessment and subsequently failed to plan the work properly.
The company also failed to identify that the work to replace the rooflights could be done from a working platform beneath the roof, or by using safety nets or harnesses to keep workers safe.
There were no measures in place to prevent someone standing on the fragile roof or rooflights other than the crawlerboards, which did not have any handrails to prevent workers stepping off them.
David Miller Contracts Ltd, of Steading Cottage, Newlands Farm, Gifford, East Lothian, was fined £50,000 after pleading guilty to breaching Regulation 4 of the Work At Height Regulations 2005.
Following the case, HSE inspector Ritchie McCrae said:
“This was an entirely avoidable incident. Falling from height is one of the most common reasons for injuries and even fatalities at work.
“David Miller Contracts Ltd should have been aware of the risks and the precautions that needed to be taken before starting the work. The dangers of fragile roofs are well known and consideration should have been given to using a platform underneath the rooflights or installing safety nets.
“The system of work planned by the company was unsafe, resulting in terrible life-changing injuries which have had a profound effect on Mr Knox and his family.”
Falling through fragile roofs and rooflights accounts for almost a fifth of all the fatal incidents which result from falls from height. On average, seven people are killed every year after falling through a fragile roof or rooflight. Many others suffer permanent disabling injuries.
Jedburgh Sheriff Court was told that Mr Knox, a time served and experienced worker without any formal training in roofwork, was employed by David Miller Contracts Ltd to carry out roof repairs at the farm.
Mr Knox had climbed onto the roof using a ladder and crawlerboards to allow him to access the rooflights. He removed three of them before being called down for a tea break.
Mr Knox has no recollection of the incident that followed. A colleague knew he had gone back up onto the roof as he heard him moving about before hearing a loud noise. He found Mr Knox lying on the floor underneath a fourth rooflight which had a large hole in it.
Mr Knox was airlifted to hospital with broken ribs, a broken sternum and punctured lungs. His spine was fractured in two places, damaging his spinal cord, which has left him confined to a wheelchair with no movement or sensation in his legs. He also only has 50% lung efficiency due to partial paralysis of his chest muscles.
An investigation by the HSE found that David Miller Contracts Ltd had identified that the roof surface was likely to be fragile but failed to carry out a site-specific risk assessment and subsequently failed to plan the work properly.
The company also failed to identify that the work to replace the rooflights could be done from a working platform beneath the roof, or by using safety nets or harnesses to keep workers safe.
There were no measures in place to prevent someone standing on the fragile roof or rooflights other than the crawlerboards, which did not have any handrails to prevent workers stepping off them.
David Miller Contracts Ltd, of Steading Cottage, Newlands Farm, Gifford, East Lothian, was fined £50,000 after pleading guilty to breaching Regulation 4 of the Work At Height Regulations 2005.
Following the case, HSE inspector Ritchie McCrae said:
“This was an entirely avoidable incident. Falling from height is one of the most common reasons for injuries and even fatalities at work.
“David Miller Contracts Ltd should have been aware of the risks and the precautions that needed to be taken before starting the work. The dangers of fragile roofs are well known and consideration should have been given to using a platform underneath the rooflights or installing safety nets.
“The system of work planned by the company was unsafe, resulting in terrible life-changing injuries which have had a profound effect on Mr Knox and his family.”
Falling through fragile roofs and rooflights accounts for almost a fifth of all the fatal incidents which result from falls from height. On average, seven people are killed every year after falling through a fragile roof or rooflight. Many others suffer permanent disabling injuries.
Solar panel firm sentenced over roof fall death
- A Preston-based company, which installs solar panels, has been fined £45,000 following the death of a worker who fell through a barn roof.
Gregorz Sobko had been working on the roof of a cowshed when one of the clear plastic panels, designed to let in light, gave way. The 34-year-old from Southport fell five metres to the concrete floor below and died in hospital ten days later.
Eco Generation Ltd was prosecuted by the HSE following the incident at Tower View Farm in Hutton on 15 November 2011 after an investigation found the company had failed to provide vital safety equipment.
Preston Crown Court heard that the company had been hired to fit solar panels to the flat roof on the cowshed, which was about 20 metres wide by 60 metres long.
Each worker had only been given two wooden planks, known as youngmans boards, to stand on while they worked, despite there being dozens of fragile plastic panels on the roof.
Mr Sobko had been fitting a solar panel just over a metre away from one of the fragile roof panels when he accidentally stepped on it and fell through the roof.
The court was told there were several measures Eco Generation could have taken to protect workers, such installing netting under the panels, placing protective covers over them or putting up barriers.
The HSE investigation found the company had installed netting under some of the panels but not under the one the worker fell through.
Eco Generation Ltd, of Watkin Lane in Lostock Hall, was fined £45,000 and ordered to pay £20,515 in prosecution costs after pleading guilty to two breaches of the Work at Height Regulations 2005.
Speaking after the hearing, HSE Inspector Chris Smith said:
“Gregorz tragically lost his life because his employer failed to make sure basic safety measures were in place to protect workers.
“The risk of people falling through fragile roofs in well known, and the fact that Eco Generation installed netting under a small part of the roof shows the company was aware of the dangers. However, this didn’t even come close to what was needed to protect the workers.
“The youngmans boards provided were entirely unsuitable and instead a proper working platform or safety barriers should have been erected on the roof.
“It is vital firms carrying out work on roofs take the risks seriously and put measures in place to protect their employees, otherwise we will continue to see the needless deaths of workers like Gregorz.”
Eco Generation Ltd was prosecuted by the HSE following the incident at Tower View Farm in Hutton on 15 November 2011 after an investigation found the company had failed to provide vital safety equipment.
Each worker had only been given two wooden planks, known as youngmans boards, to stand on while they worked, despite there being dozens of fragile plastic panels on the roof.
Mr Sobko had been fitting a solar panel just over a metre away from one of the fragile roof panels when he accidentally stepped on it and fell through the roof.
The court was told there were several measures Eco Generation could have taken to protect workers, such installing netting under the panels, placing protective covers over them or putting up barriers.
The HSE investigation found the company had installed netting under some of the panels but not under the one the worker fell through.
Eco Generation Ltd, of Watkin Lane in Lostock Hall, was fined £45,000 and ordered to pay £20,515 in prosecution costs after pleading guilty to two breaches of the Work at Height Regulations 2005.
Speaking after the hearing, HSE Inspector Chris Smith said:
“Gregorz tragically lost his life because his employer failed to make sure basic safety measures were in place to protect workers.
“The risk of people falling through fragile roofs in well known, and the fact that Eco Generation installed netting under a small part of the roof shows the company was aware of the dangers. However, this didn’t even come close to what was needed to protect the workers.
“The youngmans boards provided were entirely unsuitable and instead a proper working platform or safety barriers should have been erected on the roof.
“It is vital firms carrying out work on roofs take the risks seriously and put measures in place to protect their employees, otherwise we will continue to see the needless deaths of workers like Gregorz.”
Brewer in court
- Britain’s oldest brewery business – Shepherd Neame – has been prosecuted for safety breaches after a 21 year-old agency worker lost a finger in an unprotected machine.
Billy Scanlan, from Sheerness, had entered a fenced-off section housing a running production machine, and was hosing down an area when he slipped.
His left arm instinctively shot out as he tried to regain his balance, but his hand came into contact with one of the operating parts of the machine. It immediately began to be drawn in by a sprocket at the end of a conveyor.
Mr Scanlan, realising what was happening, pulled his arm back but when he managed to free his hand, he realised he had lost the top part of his index finger and crushed his thumb and middle finger.
The incident at Shepherd Neame Ltd, at Court Street, Faversham, on 23 June 2014 was investigated by the HSE. It found the company had failed to make sure that staff couldn’t access dangerous moving parts of the machine.
Maidstone Magistrates’ heard that the area around the machine was mostly protected with interlocks and lightguards. However, Mr Scanlan, who had been employed at the site for over a year, used a maintenance gate that wasn’t interlocked to access the area where he slipped. Because there was no automatic shut-off, the machine kept running.
As a result of the incident he needed a full amputation of the left finger and repairs to his thumb and middle finger. He has been unable to return to work since and still suffers significant phantom pain and flashbacks.
HSE established that the maintenance gate had been only sporadically secured since it had been installed. It had been seen to be open during an earlier inspection by HSE in 2012, at which time the company agreed to lock and secure the gate as soon as the line became operational again following repair work.
The court was told that despite this agreement, the later incident proved that little had changed.
Shepherd Neame Ltd of Court Street, Faversham, Kent, was fined £10,000 and ordered to pay £1,007 in costs after admitting a breach of the Provision and Use of Work Equipment Regulations 1998.
After the hearing, HSE Inspector Rob Hassell said:
“This was an entirely-preventable incident. Shepherd Neame was aware of the guarding requirements for such a machine, but neglected to make sure that these safety measures were fully and consistently implemented.
“Those failures led to Billy Scanlan suffering a painful injury that has permanent consequences.
“Shepherd Neame had received previous advice from HSE on the same issue, but didn’t act sufficiently robustly to prevent this type of incident happening. All employers have a duty to protect their staff from risks they face doing their work and, in this case, that means making sure running machinery is effectively guarded.”
His left arm instinctively shot out as he tried to regain his balance, but his hand came into contact with one of the operating parts of the machine. It immediately began to be drawn in by a sprocket at the end of a conveyor.
Mr Scanlan, realising what was happening, pulled his arm back but when he managed to free his hand, he realised he had lost the top part of his index finger and crushed his thumb and middle finger.
The incident at Shepherd Neame Ltd, at Court Street, Faversham, on 23 June 2014 was investigated by the HSE. It found the company had failed to make sure that staff couldn’t access dangerous moving parts of the machine.
Maidstone Magistrates’ heard that the area around the machine was mostly protected with interlocks and lightguards. However, Mr Scanlan, who had been employed at the site for over a year, used a maintenance gate that wasn’t interlocked to access the area where he slipped. Because there was no automatic shut-off, the machine kept running.
As a result of the incident he needed a full amputation of the left finger and repairs to his thumb and middle finger. He has been unable to return to work since and still suffers significant phantom pain and flashbacks.
HSE established that the maintenance gate had been only sporadically secured since it had been installed. It had been seen to be open during an earlier inspection by HSE in 2012, at which time the company agreed to lock and secure the gate as soon as the line became operational again following repair work.
The court was told that despite this agreement, the later incident proved that little had changed.
Shepherd Neame Ltd of Court Street, Faversham, Kent, was fined £10,000 and ordered to pay £1,007 in costs after admitting a breach of the Provision and Use of Work Equipment Regulations 1998.
After the hearing, HSE Inspector Rob Hassell said:
“This was an entirely-preventable incident. Shepherd Neame was aware of the guarding requirements for such a machine, but neglected to make sure that these safety measures were fully and consistently implemented.
“Those failures led to Billy Scanlan suffering a painful injury that has permanent consequences.
“Shepherd Neame had received previous advice from HSE on the same issue, but didn’t act sufficiently robustly to prevent this type of incident happening. All employers have a duty to protect their staff from risks they face doing their work and, in this case, that means making sure running machinery is effectively guarded.”
Businesses fined for safety failings
- Two Dorset companies have been fined after an employee was injured by an industrial vacuum at a waste treatment and energy recovery site in Bristol.
The 53-year-old, from Bristol, who does not want to be named, was employed as an industrial cleaner to clean thermal treatment units at the Avonmouth site. On 5 August 2013 he agreed to help empty ash, a by-product of the thermal treatment process, from steel barrels using a specialist vacuum machine.
During the process, one of his colleagues used a fork lift truck to shake the vacuum to dislodge any remaining ash deposits from the filters. It came off the forks of the truck, overturned and struck the cleaner, trapping him underneath.
He suffered a fractured back and two fractured ribs, and was unable to return to work for seven months.
Bristol Magistrates’ Court heard that New Earth Solutions Group Ltd, which runs the mechanical biological treatment facility, had commissioned an energy recovery facility next to the site.
During the design, build and commissioning phases, the new facility was under the control of NEAT Technology Group Ltd. When the site began operating, responsibility of the site was transferred to New Earth Solutions.
An investigation by the HSE found that both NEAT Technology Group Ltd and New Earth Solutions Group Ltd failed to assess the risks associated with unblocking the vacuum filters and did not identify a safe system of work using appropriate equipment to unblock the machine. Both companies also failed to sufficiently train and instruct workers to unblock the filters safely and did not monitor or supervise the process.
New Earth Solutions Group Ltd, of Ebblake Industrial Estate, Verwood, Dorset, was fined £14,000 and ordered to pay costs of £1,241 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
NEAT Technology Group Ltd, of the same address, was fined £16,000 and ordered to pay costs of £1,241 after also pleading guilty to the same breach of the same legislation
Speaking after the hearing, HSE Inspector Matthew Tyler said:
“This incident highlights the importance of effectively controlling the risks associated with all work processes. This did not occur in this case, and the consequences could have been far more serious.
“This incident could have easily been avoided and the injured cleaner would not have been injured had both companies planned this work properly and provided with appropriate training and supervision.”
During the process, one of his colleagues used a fork lift truck to shake the vacuum to dislodge any remaining ash deposits from the filters. It came off the forks of the truck, overturned and struck the cleaner, trapping him underneath.
He suffered a fractured back and two fractured ribs, and was unable to return to work for seven months.
Bristol Magistrates’ Court heard that New Earth Solutions Group Ltd, which runs the mechanical biological treatment facility, had commissioned an energy recovery facility next to the site.
During the design, build and commissioning phases, the new facility was under the control of NEAT Technology Group Ltd. When the site began operating, responsibility of the site was transferred to New Earth Solutions.
An investigation by the HSE found that both NEAT Technology Group Ltd and New Earth Solutions Group Ltd failed to assess the risks associated with unblocking the vacuum filters and did not identify a safe system of work using appropriate equipment to unblock the machine. Both companies also failed to sufficiently train and instruct workers to unblock the filters safely and did not monitor or supervise the process.
New Earth Solutions Group Ltd, of Ebblake Industrial Estate, Verwood, Dorset, was fined £14,000 and ordered to pay costs of £1,241 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
NEAT Technology Group Ltd, of the same address, was fined £16,000 and ordered to pay costs of £1,241 after also pleading guilty to the same breach of the same legislation
Speaking after the hearing, HSE Inspector Matthew Tyler said:
“This incident highlights the importance of effectively controlling the risks associated with all work processes. This did not occur in this case, and the consequences could have been far more serious.
“This incident could have easily been avoided and the injured cleaner would not have been injured had both companies planned this work properly and provided with appropriate training and supervision.”
