NHS Trust in court over deadly asbestos fibres
- A NHS Trust has been fined £10,000 after it emerged its workers may have been exposed to potentially-deadly asbestos fibres.
The Royal Liverpool and Broadgreen University Hospitals NHS Trust was prosecuted by the Health and Safety Executive (HSE) after the fibres were discovered in the basement of its offices at Derwent House on London Road in January 2013.
Liverpool Magistrates’ Court heard that the organisation had failed to act on a survey carried out in 2006 which identified that an area of the basement may contain asbestos, and recommended that its condition should be properly assessed.
A HSE investigation found that workers had regularly been visiting the basement to access patient records.
The risk to them came to light on 9 January 2013 when the NHS Trust’s health and safety manager noticed that the doors to an out-of-use goods lift in the basement were damaged. The lift doors contained asbestos, which meant there was a risk of exposure to those accessing the basement.
A subsequent survey found that asbestos fibres were present in several different areas of the basement.
The Royal Liverpool and Broadgreen University Hospitals NHS Trust, of Prescot Street in Liverpool, was fined £10,000 and ordered to pay £696 in prosecution costs after pleading guilty to two breaches of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Imran Siddiqui said:
“Around 4,000 people die every year as a result of breathing in asbestos fibres, making it the biggest single cause of work-related deaths in the UK.
“It’s therefore vital that organisations take the risks from asbestos seriously. The Trust, in line with the 2006 survey, should have assumed asbestos was present in an area of the basement and taken appropriate action to make it safe for people working there.
“Instead, workers were allowed to regularly visit the basement to access patient files increasing the risk of exposure to the potentially-deadly fibres.”
Asbestos was extensively used as a building material in the 50s, 60s and 70s but it becomes dangerous if it is broken up and fibres are released. Airborne fibres can become lodged in the lungs or digestive tract and can lead to lung cancer or other diseases, but symptoms may not appear for several decades.
Firm fined for multiple failings at waste site
- A waste and recycling site was in such a dangerous condition that visiting health and safety inspectors had to issue eight notices to immediately halt a range of work activities, a court has heard.
The site run by Mekatek Ltd at Amex Park, Johnstown was subject to a routine inspection by the HSE inspectors on 20 May 2013 when a number of serious safety issues were discovered, including access to unguarded dangerous machinery, exposure to risk of electrocution and areas contaminated by asbestos containing materials.
Mekatek Ltd was prosecuted by HSE at a hearing before Swansea Crown Court.
The court was told the site had a catalogue of dangerous points.
Among these was a “man basket” on a forklift truck to allow workers to carry out work at height. This basket was not secured to the forks of the truck and there was no cage behind the basket to stop workers becoming trapped with the fork lift truck mast.
There were no suitable guards to prevent workers getting caught in the moving machine parts of a granulator, two compactors, a shredder and a paint mixing drum, and electrical cables were found trailing through liquid, leading to a risk of electrocution.
In addition, exposed and damaged pipe lagging, which included asbestos containing materials, was in a poor state and exposed workers at the site to the risk of contamination. This was allowed to continue by Mekatek despite an earlier report by a specialist that had identified the presence of asbestos in the area and recommended its urgent removal.
Mekatek Ltd of Terminus Road, Sheffield, pleaded guilty to a breach of health and safety regulations, a single breach of control of asbestos regulations and a breach of work equipment regulations and was fined a total of £35,000 and ordered to pay £20,000 in costs.
HSE Inspector Clare Owen, speaking after the hearing, said:
“The conditions at this site were extremely poor and the dangers were quite clear. It’s very fortunate no-one was killed or seriously injured there.
“Mekatek failed to manage basic health and safety at the site and these multiple failings confirm its approach was totally inadequate. The issues identified, such as cables trailing through liquid and management of asbestos should have been immediately obvious.
“The management also relied on health and safety managers it employed for advice but failed to check if they were competent and had appropriate qualifications, particularly for the management of asbestos.
“Twenty tradespeople, on average, die from asbestos related diseases in Britain every week and it’s the biggest single cause of work related deaths in the country.
“The lives of the 34 workers at the site and any visitors depended on the company meeting its legal health and safety obligations fully.”
Mekatek Ltd was prosecuted by HSE at a hearing before Swansea Crown Court.
The court was told the site had a catalogue of dangerous points.
Among these was a “man basket” on a forklift truck to allow workers to carry out work at height. This basket was not secured to the forks of the truck and there was no cage behind the basket to stop workers becoming trapped with the fork lift truck mast.
There were no suitable guards to prevent workers getting caught in the moving machine parts of a granulator, two compactors, a shredder and a paint mixing drum, and electrical cables were found trailing through liquid, leading to a risk of electrocution.
In addition, exposed and damaged pipe lagging, which included asbestos containing materials, was in a poor state and exposed workers at the site to the risk of contamination. This was allowed to continue by Mekatek despite an earlier report by a specialist that had identified the presence of asbestos in the area and recommended its urgent removal.
Mekatek Ltd of Terminus Road, Sheffield, pleaded guilty to a breach of health and safety regulations, a single breach of control of asbestos regulations and a breach of work equipment regulations and was fined a total of £35,000 and ordered to pay £20,000 in costs.
HSE Inspector Clare Owen, speaking after the hearing, said:
“The conditions at this site were extremely poor and the dangers were quite clear. It’s very fortunate no-one was killed or seriously injured there.
“Mekatek failed to manage basic health and safety at the site and these multiple failings confirm its approach was totally inadequate. The issues identified, such as cables trailing through liquid and management of asbestos should have been immediately obvious.
“The management also relied on health and safety managers it employed for advice but failed to check if they were competent and had appropriate qualifications, particularly for the management of asbestos.
“Twenty tradespeople, on average, die from asbestos related diseases in Britain every week and it’s the biggest single cause of work related deaths in the country.
“The lives of the 34 workers at the site and any visitors depended on the company meeting its legal health and safety obligations fully.”
Builder fined for worker’s injuries
- A partner in a building and roofing company has been fined after a worker plunged nearly six metres to the ground falling through a fragile roof light and sustaining multiple injuries.
Przemyslaw Borkiewicz, 24, of Mutley, Plymouth, was carrying out the work at the Evans Halshaw garage in Saltash on 12 December 2012 with poor supervision and no safety equipment which could have prevented or lessened the impact of his fall.
The incident was investigated by the HSE which prosecuted Jim Woodley, the person in control of the work (trading as Direct Property Services), at Plymouth Magistrates court.
The court heard that Mr Borkiewicz was walking across the roof to take a bucket to his colleague when he stepped on and fell through one of several Perspex roof lights set into the roof. In addition to Mr Borkiewicz two other workers at the site were put at risk of falling through the roof lights.
HSE’s inquiries found that the work was supervised by someone who had no roofing or working at height qualifications and no measures had been taken to do the task safely, such as placing boards with edge protection on the roof or using a cherry picker to do the job.
Mr Woodley, of Direct Property Services, Mannamead, Plymouth pleaded guilty to a breach of Work at Height regulations, was fined £10,000 and ordered to pay £5,517 in costs.
HSE Inspector, Helena Allum, speaking after the hearing, said:
“Mr Borkiewicz suffered severe multiple injuries, including head injuries and experienced great pain but was lucky not to have lost his life in this incident.
“Falls from height are the biggest cause of workplace deaths and it’s crucial that employers make sure work is properly planned, appropriately supervised and that 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 Jim Woodley, the person in control of the work (trading as Direct Property Services), at Plymouth Magistrates court.
The court heard that Mr Borkiewicz was walking across the roof to take a bucket to his colleague when he stepped on and fell through one of several Perspex roof lights set into the roof. In addition to Mr Borkiewicz two other workers at the site were put at risk of falling through the roof lights.
HSE’s inquiries found that the work was supervised by someone who had no roofing or working at height qualifications and no measures had been taken to do the task safely, such as placing boards with edge protection on the roof or using a cherry picker to do the job.
Mr Woodley, of Direct Property Services, Mannamead, Plymouth pleaded guilty to a breach of Work at Height regulations, was fined £10,000 and ordered to pay £5,517 in costs.
HSE Inspector, Helena Allum, speaking after the hearing, said:
“Mr Borkiewicz suffered severe multiple injuries, including head injuries and experienced great pain but was lucky not to have lost his life in this incident.
“Falls from height are the biggest cause of workplace deaths and it’s crucial that employers make sure work is properly planned, appropriately supervised and that 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.”
Firm fined after worker seriously injured in scaffold fall
- A building and joinery firm has been sentenced after a worker suffered serious injuries when he fell three metres from scaffolding that he was dismantling.
John William Wilson, then 47 and from Aberdeen, broke his left ankle, damaged the ligaments in his right ankle was knocked unconscious and cut his head. He was in hospital overnight and remained in plaster for six weeks as a result of his injuries.
The specialist Health and Safety Division of COPFS today prosecuted Mr Wilson’s employer, Rae Brown & Company Ltd, for health and safety breaches.
Aberdeen Sheriff Court was told that on 24 July 2012 Mr Wilson was asked by Rae Brown & Company to move the scaffolding and take it to another site. He and a colleague, an apprentice, arrived at the farmhouse owned by the partner of one of the company’s directors where two scaffolding towers had been erected.
The towers had been erected in a narrow space between the farmhouse and a garden wall so that general maintenance work could be carried out.
As Mr Wilson dismantled the structure he removed some elements which left the poles unstable. As the poles moved, the metal board he was standing on moved and fell, taking Mr Wilson with it.
An HSE investigation found that neither Mr Wilson nor the apprentice working alongside him had received any formal training in the use of the type of scaffolding they were asked to work with.
Rae Brown & Company Limited, of Rose Street in Aberdeen, was fined £4,000 after pleading guilty to a breach of Regulations 4 and 8 of the Work at Height Regulations 2005.
Speaking after the hearing, HSE Inspector Liz Hunter said:
“The risks from falls at height are well known in the construction industry. Erecting and dismantling scaffolds should only be done by trained and skilled persons or under the supervision of such a person because you cannot entirely eliminate the risk of falls.
“No such training or supervision was provided by Rae Brown and Company to Mr Wilson and his apprentice. They should never have been allowed to dismantle scaffolding that had been left unsecured and unsupported in this way.
“The correct method would have used competent erectors following the instructions in the scaffold manual, including safe ladder access and removal of components from below whilst working from a complete platform. The scaffold should have been erected on level ground that was free from debris and other trip hazards.
“As a result of the company’s failings, Mr Wilson sustained injuries that left him unable to work for 11 weeks and it was pure luck that the apprentice was not seriously hurt too.”
The specialist Health and Safety Division of COPFS today prosecuted Mr Wilson’s employer, Rae Brown & Company Ltd, for health and safety breaches.
Aberdeen Sheriff Court was told that on 24 July 2012 Mr Wilson was asked by Rae Brown & Company to move the scaffolding and take it to another site. He and a colleague, an apprentice, arrived at the farmhouse owned by the partner of one of the company’s directors where two scaffolding towers had been erected.
The towers had been erected in a narrow space between the farmhouse and a garden wall so that general maintenance work could be carried out.
As Mr Wilson dismantled the structure he removed some elements which left the poles unstable. As the poles moved, the metal board he was standing on moved and fell, taking Mr Wilson with it.
An HSE investigation found that neither Mr Wilson nor the apprentice working alongside him had received any formal training in the use of the type of scaffolding they were asked to work with.
Rae Brown & Company Limited, of Rose Street in Aberdeen, was fined £4,000 after pleading guilty to a breach of Regulations 4 and 8 of the Work at Height Regulations 2005.
Speaking after the hearing, HSE Inspector Liz Hunter said:
“The risks from falls at height are well known in the construction industry. Erecting and dismantling scaffolds should only be done by trained and skilled persons or under the supervision of such a person because you cannot entirely eliminate the risk of falls.
“No such training or supervision was provided by Rae Brown and Company to Mr Wilson and his apprentice. They should never have been allowed to dismantle scaffolding that had been left unsecured and unsupported in this way.
“The correct method would have used competent erectors following the instructions in the scaffold manual, including safe ladder access and removal of components from below whilst working from a complete platform. The scaffold should have been erected on level ground that was free from debris and other trip hazards.
“As a result of the company’s failings, Mr Wilson sustained injuries that left him unable to work for 11 weeks and it was pure luck that the apprentice was not seriously hurt too.”
Building firm in court over carbon monoxide risk to pregnant woman
- A building firm has been fined after an eight-and-half-month pregnant woman and her husband showed signs of carbon monoxide poisoning at their home in Kirkby.
Topflite (North West) Ltd was prosecuted by the HSE after an investigation found that the flue for a gas fire had been blocked by rubble during a loft conversion in a neighbouring semi-detached property on Lauder Close.
Liverpool Magistrates’ Court heard that the building work had been carried out by the company, which trades at Topflite Loft Conversions, in the summer of 2013. A few months later, on 31 October 2013, the woman, who does not want to be named, turned on the gas fire in her lounge for the first time that winter.
She spent most of the afternoon and evening in the lounge with her friend, who was also pregnant, and later her husband. The couple went to bed at 11pm but overnight the woman was vomiting and had flu-like symptoms.
She spent the following day in bed and her husband also felt nauseous all day. They suspected they may have suffered carbon monoxide poisoning and contacted a Gas Safe registered company.
The firm found that the flue in the cavity wall between the two properties, which allowed fumes to escape through a vent on the roof, had become blocked by rubble. The company therefore issued a warning notice preventing the use of the fire, and the homeowner alerted HSE.
When an inspector visited the neighbouring property, she found that a steel beam installed in the loft had broken through the flue and caused it to become blocked.
Topflite (North West) Ltd, of Steeley Lane in Chorley, was fined £4,000 and ordered to pay £1,276 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 Jacqueline Western said:
“A pregnant woman and her husband were put at risk of suffering carbon monoxide poisoning because Topflite allowed a flue to become blocked while carrying out a loft conversion in a neighbouring house.
“It’s vital that builders carefully consider the risks of any work they do in people’s homes, and that includes the impact it could have on attached properties. The work should have been properly planned so that the new steel beam could be installed without affecting the flue.
“Building firms have a legal duty to ensure the lives of both their workers and people affected by their work are not put at risk as a result of their actions. Topflite failed to meet that requirement and found itself in court as a result.”
A lift company has been ordered to pay £100,000 in fines and costs after terrified tourists were left with broken legs and ankles when a Tower Bridge lift fell several metres into a service pit because a vital mechanism failed.
Liverpool Magistrates’ Court heard that the building work had been carried out by the company, which trades at Topflite Loft Conversions, in the summer of 2013. A few months later, on 31 October 2013, the woman, who does not want to be named, turned on the gas fire in her lounge for the first time that winter.
She spent most of the afternoon and evening in the lounge with her friend, who was also pregnant, and later her husband. The couple went to bed at 11pm but overnight the woman was vomiting and had flu-like symptoms.
She spent the following day in bed and her husband also felt nauseous all day. They suspected they may have suffered carbon monoxide poisoning and contacted a Gas Safe registered company.
The firm found that the flue in the cavity wall between the two properties, which allowed fumes to escape through a vent on the roof, had become blocked by rubble. The company therefore issued a warning notice preventing the use of the fire, and the homeowner alerted HSE.
When an inspector visited the neighbouring property, she found that a steel beam installed in the loft had broken through the flue and caused it to become blocked.
Topflite (North West) Ltd, of Steeley Lane in Chorley, was fined £4,000 and ordered to pay £1,276 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 Jacqueline Western said:
“A pregnant woman and her husband were put at risk of suffering carbon monoxide poisoning because Topflite allowed a flue to become blocked while carrying out a loft conversion in a neighbouring house.
“It’s vital that builders carefully consider the risks of any work they do in people’s homes, and that includes the impact it could have on attached properties. The work should have been properly planned so that the new steel beam could be installed without affecting the flue.
“Building firms have a legal duty to ensure the lives of both their workers and people affected by their work are not put at risk as a result of their actions. Topflite failed to meet that requirement and found itself in court as a result.”
Engineering firm in court after worker crushed by two-tonne frame
- An engineering firm has been fined £12,000 after a worker suffered severe injuries when he was struck by a metal frame, weighing nearly two tonnes.
The 21 year old from Carlisle, who has asked not to be named, sustained multiple cuts and fractures to his left foot and leg, and has still been unable to return to work almost a year on from the incident.
Tweddle Fabrications Ltd, which trades as Tweddle Engineering, was prosecuted by the HSE after an investigation found the partially-constructed trailer chassis had swung out of control while being lifted by two forklift trucks.
Carlisle Magistrates’ Court heard that workers had been trying to lift and rotate the frame at the factory in Kirkbride near Wigton on 27 February 2014. Another employee, not involved in the lift, was walking across the factory floor when the 1.8 tonne chassis moved in an uncontrolled way and struck him.
The court was told that the company had failed to plan the work properly, despite it requiring a complicated lift using two forklift trucks. There should also have been someone responsible for supervising the lift, and measures should have been in place to ensure that other workers were kept at a safe distance away.
Tweddle Fabrications Ltd was fined £12,000 and ordered to pay £501 in prosecution costs after pleading guilty to a breach of the Lifting Operations and Lifting Equipment Regulations 1998.
Speaking after the hearing, HSE Inspector Steven Boyd said:
“The worker still has difficulty walking almost a year after the incident but it could easily have been avoided. He wasn’t involved in the work to rotate the trailer chassis but had no way of knowing his life was being put at risk as he walked across the factory floor.
“Tweddle Fabrications had a legal responsibility to ensure that a complicated lift using two forklifts was planned properly, supervised appropriately and carried out safely but it failed to do any of this.
“This case should act as a warning to manufacturers that they risk the safety of their employees if they ignore the law, and could find themselves in court as a result.”
Tweddle Fabrications Ltd, which trades as Tweddle Engineering, was prosecuted by the HSE after an investigation found the partially-constructed trailer chassis had swung out of control while being lifted by two forklift trucks.
Carlisle Magistrates’ Court heard that workers had been trying to lift and rotate the frame at the factory in Kirkbride near Wigton on 27 February 2014. Another employee, not involved in the lift, was walking across the factory floor when the 1.8 tonne chassis moved in an uncontrolled way and struck him.
The court was told that the company had failed to plan the work properly, despite it requiring a complicated lift using two forklift trucks. There should also have been someone responsible for supervising the lift, and measures should have been in place to ensure that other workers were kept at a safe distance away.
Tweddle Fabrications Ltd was fined £12,000 and ordered to pay £501 in prosecution costs after pleading guilty to a breach of the Lifting Operations and Lifting Equipment Regulations 1998.
Speaking after the hearing, HSE Inspector Steven Boyd said:
“The worker still has difficulty walking almost a year after the incident but it could easily have been avoided. He wasn’t involved in the work to rotate the trailer chassis but had no way of knowing his life was being put at risk as he walked across the factory floor.
“Tweddle Fabrications had a legal responsibility to ensure that a complicated lift using two forklifts was planned properly, supervised appropriately and carried out safely but it failed to do any of this.
“This case should act as a warning to manufacturers that they risk the safety of their employees if they ignore the law, and could find themselves in court as a result.”
Basement building in London faces safety scrutiny
- A two-day inspection initiative of basement projects in high-value London boroughs is to be carried out by the HSE week commencing 9th March 2015.
Construction inspectors will be focusing on sites in two boroughs – Kensington and Chelsea, and Hammersmith and Fulham – in a bid to improve safety in the increasingly popular basement sector.
This action follows a number a number of fatal incidents, as well as serious injuries, in the capital in recent years relating to basement projects.
Over the last 10 years, HSE has received reports of 17 construction workers having died as a result of an excavation collapsing, whilst in the same period 27 were seriously injured.
In December 2014, following the death of a labourer in a basement excavation collapse in Fulham, a company director was found guilty of manslaughter offences and jailed.
HSE construction inspector James Hickman, whose team covers south-west London, said:
“The construction of basements in London is increasingly widespread. Often it is carried out under existing homes as owners seek to increase their living space without a house move.
“The work is technically challenging and can carry substantial risk. Standards are often poor and often vulnerable sections of the labour market are recruited.
“Contractors are failing to appoint a competent temporary works engineer to design suitable propping to support excavations and existing structures. Likewise, on many projects basic safeguards are missing, such as edge protection to prevent falls from height. And all too often little thought is given to providing proper welfare facilities for site workers.
“Where we find poor practice that is putting lives at risk we will take action, including stopping work and prosecuting those responsible.”
The risks of working in unsupported excavations are well known throughout the industry, as are the precautions required to ensure work is carried out safely.
This action follows a number a number of fatal incidents, as well as serious injuries, in the capital in recent years relating to basement projects.
Over the last 10 years, HSE has received reports of 17 construction workers having died as a result of an excavation collapsing, whilst in the same period 27 were seriously injured.
In December 2014, following the death of a labourer in a basement excavation collapse in Fulham, a company director was found guilty of manslaughter offences and jailed.
“The construction of basements in London is increasingly widespread. Often it is carried out under existing homes as owners seek to increase their living space without a house move.
“The work is technically challenging and can carry substantial risk. Standards are often poor and often vulnerable sections of the labour market are recruited.
“Contractors are failing to appoint a competent temporary works engineer to design suitable propping to support excavations and existing structures. Likewise, on many projects basic safeguards are missing, such as edge protection to prevent falls from height. And all too often little thought is given to providing proper welfare facilities for site workers.
“Where we find poor practice that is putting lives at risk we will take action, including stopping work and prosecuting those responsible.”
The risks of working in unsupported excavations are well known throughout the industry, as are the precautions required to ensure work is carried out safely.
Firm and director fined after excavation collapse
- The director of a building firm was partially buried when the high sides of an excavation he was working on collapsed on him, a court has heard.
Paul Connolly, director of Bushey-based PNT Contractors Ltd, had to be rescued by workers digging him out by hand after the excavation collapse at a site in Essex in July 2014. He was taken to hospital and suffered a broken leg and ankle.
The incident was investigated by the HSE, which prosecuted Mr Connolly and the company at Southend Magistrates’ Court.
The court heard PNT Contractors Ltd was carrying out extensive ground work at a site in Crays Hills, Bilericay, when the incident took place.
Paul Connolly had used an excavator to dig into the side of a slope, leaving unsupported excavation sides of up to 2.5 metres in height.
Mr Connolly and another employee were working in the sheer-faced excavation when it collapsed. The second worker managed to jump to safety but Mr Connolly was partially buried and trapped by the falling earth and had to be dug out by hand by his two employees.
HSE served a prohibition notice the following day stopping any work until the excavation was made safe.
PNT Contractors Ltd of Sparrows Herne, Bushey, Hertfordshire, was fined £15,000 and ordered to pay costs of £1,176 after admitting a breach of the Construction (Design and Management) Regulations.
Paul Martin Connolly of Lipton Street, Watford, was fined £15,000 and ordered to pay costs of £1,176 for a similar breach by virtue of being a director of the company.
After the hearing, HSE inspector Adam Hills said:
“Paul Connolly not only endangered himself, but was reckless with the lives of his employees. Every year people are killed or seriously injured by collapsing trenches. The dangers here were obvious.
“A few simple and inexpensive precautions could have easily prevented this from occurring. To prevent a collapse you should shore, step, or batter back the sides. Do not assume ground will stand up unsupported.”
Kitchen fitter prosecuted for endangering homeowners’ lives
- A man has been sentenced for putting the lives of homeowners at risk after deceiving a local kitchen fitting company by claiming he was Gas Safe registered.
- Neil Scott, a self-employed kitchen fitter, was contracted by the company to carry out work at three properties in Newcastle where kitchens were being refurbished between 1 September and 31 December 2012.
The work involved installing gas appliances, including gas hobs and in one case a central heating boiler.
The kitchen fitting company later contacted Gas Safe to check the work and a Gas Safe regional investigations officer switched off the boiler when it was found to have faults that could have endangered life or property if operated.
The HSE launched an investigation and Mr Scott was prosecuted at Newcastle Magistrates’ Court for multiple gas safety breaches.
The court was told that it is a legal requirement that any work carried out on gas appliances must only be done by a Gas Safe engineer. When asked by the kitchen company, Mr Scott had fraudulently claimed he was Gas Safe registered. However, Mr Scott had never been Gas Safe registered and was not sufficiently competent to carry out the work.
Neil Scott, 38, of Exeter Road, Wallsend, Newcastle was fined a total of £6,000 and ordered to pay £500 in costs after pleading guilty to six breaches of the Gas Safety (Installation and Use) Regulations 1998 – three each of Regulation 3(3) and Regulation 3(7).
Speaking after the case HSE inspector Jonathan Wills said:
“Mr Scott displayed a deliberate and reckless approach to the law by putting the owners of these three properties at risk with a view to profiting financially.
“Having deceived those involved into thinking he was Gas Safe registered he carried out work which in one instance could have resulted in someone being seriously injured or even killed.
“This case should act as a reminder that HSE will prosecute those who flout the law in such a way, putting the lives of members of the public in danger.”
Russell Krämer, chief executive for Gas Safe Register, said:
“Illegal gas work is dangerous and can put lives and property at risk. It’s vital that you employ a Gas Safe registered engineer to carry out any gas work.
Company sentenced for Tower Bridge lift fall
Four people sustained bone fractures in the incident at the popular London landmark on 11 May 2009. A further six were treated for shock as walking wounded.
The lift car they were travelling in was ascending to the Tower Bridge Exhibition when it suddenly fell down the shaft from a distance of approximately three metres.
The company responsible for maintaining and servicing the lift, Temple Lifts Ltd, was sentenced following a complex technical investigation by the HSE, supported by the Health and Safety Laboratory (HSL). It identified failures linked to the maintenance of two refurbished lifts at Tower Bridge.
Southwark Crown Court heard that ten people, including one agency worker serving as a lift operator, were in the lift when it fell. The other passengers, all tourists, included an elderly couple and a young family.
The car ended up in a pit below the ground floor lift entrance after a counterweight mechanism failed.
The HSE investigation revealed that there had been a number of historic component failures in the counterweight mechanism on two separate lifts at the attraction prior to the catastrophic failure. However, these components had simply been replaced without a proper review and investigation as to why they were failing early.
HSE concluded that the uncontrolled fall could have been avoided had more in-depth analysis occurred, and that the fact this had not happened was indicative of wider failings.
Temple Lifts Ltd, of Baring Lane, London, SE12, was fined £50,000 and ordered to pay £50,000 in costs after pleading guilty to two charges covered by Section 3(1) of the Health and Safety at Work etc. Act 1974.
After sentencing HSE Inspector Michael La Rose said:
“This was a truly disturbing incident that affected a number of people and that could have resulted in even greater injuries.
“It is vital that lifts are properly maintained, and that urgent action is taken if any possible issues or concerns are identified. There were warning signs here that were seemingly overlooked, and missed opportunities to properly rectify recurring faults.
“Temple Lifts could and should have done more to ensure the lift was properly maintained, and there were clear failings in this regard.”
The lift car they were travelling in was ascending to the Tower Bridge Exhibition when it suddenly fell down the shaft from a distance of approximately three metres.
The company responsible for maintaining and servicing the lift, Temple Lifts Ltd, was sentenced following a complex technical investigation by the HSE, supported by the Health and Safety Laboratory (HSL). It identified failures linked to the maintenance of two refurbished lifts at Tower Bridge.
Southwark Crown Court heard that ten people, including one agency worker serving as a lift operator, were in the lift when it fell. The other passengers, all tourists, included an elderly couple and a young family.
The car ended up in a pit below the ground floor lift entrance after a counterweight mechanism failed.
The HSE investigation revealed that there had been a number of historic component failures in the counterweight mechanism on two separate lifts at the attraction prior to the catastrophic failure. However, these components had simply been replaced without a proper review and investigation as to why they were failing early.
HSE concluded that the uncontrolled fall could have been avoided had more in-depth analysis occurred, and that the fact this had not happened was indicative of wider failings.
Temple Lifts Ltd, of Baring Lane, London, SE12, was fined £50,000 and ordered to pay £50,000 in costs after pleading guilty to two charges covered by Section 3(1) of the Health and Safety at Work etc. Act 1974.
After sentencing HSE Inspector Michael La Rose said:
“This was a truly disturbing incident that affected a number of people and that could have resulted in even greater injuries.
“It is vital that lifts are properly maintained, and that urgent action is taken if any possible issues or concerns are identified. There were warning signs here that were seemingly overlooked, and missed opportunities to properly rectify recurring faults.
“Temple Lifts could and should have done more to ensure the lift was properly maintained, and there were clear failings in this regard.”
Firms prosecuted after worker loses left leg
- A factory worker had to have part of his left leg amputated after he was struck by an 850kg metal frame being delivered to a plant in Glossop, a court has heard.
- Two firms have been ordered to pay nearly £50,000 in fines and costs following an investigation into the incident on 5 January 2012 by the HSE.
Derby Crown Court heard Vincent Sutton, 49, from Mossley, had been delivering the five-metre long rectangular frame to Delpro Ltd on the Brookfield Industrial Estate after it had been manufactured by his employer, Russell Fabrications (UK) Ltd.
As they lifted the frame, the shorter chains – attached to the higher side – forced their way out from the hook on the forklift truck. The frame fell around two metres to the ground and landed on Mr Sutton’s left foot.
The damage was so severe that his leg eventually had to be amputated to above the knee for medical reasons.
The court was told neither of the companies had planned how they were going to safely lift the metal frame onto and off the pickup truck, and that both the truck and the lifting equipment were entirely unsuitable for the job.
Russell Fabrications (UK) Ltd also failed to make adequate arrangements for the metal frame to be transported safely.
Delpro Ltd, which designs and assembles equipment for packaging and printing industries, pleaded guilty to a single breach of the Lifting Operations and Lifting Equipment Regulations 1998 by failing to ensure the work was properly planned, appropriately supervised and carried out in safely.
The company, of Peakdale Road in Glossop, was fined £12,000 and ordered to pay £8,735 towards the cost of the prosecution.
Russell Fabrications (UK) Ltd, of Wood Street, Ashton-under-Lyne, was fined £11,917 with costs of £13,734 after being found guilty of a breach of the Health and Safety at Work etc Act 1974 following a trial.
Speaking after the hearing, HSE Inspector Scott Wynne said:
“The failings of both companies contributed to this incident, which could so easily have been avoided had more thought gone into the planning of the loading, unloading and transport of the metal frame.
“The methods adopted for both the loading at Russell Fabrications (UK) Ltd and the unloading at Delpro Ltd were inherently unsafe and the vehicle used to transport the frame was unsuitable as the loading area was too small to safely accommodate it.
“Unfortunately the failings of the two companies have led to a worker suffering life changing and permanently disabling injuries.”
Croydon firm’s safety failings led to worker’s multiple injuries
- A Surrey-based cleaning firm has been prosecuted for safety failings after an employee suffered life-changing injuries when he plunged six metres through a fragile rooflight.
The 36-year-old, from Goring-by-Sea in West Sussex, was one of a small team sent by Cleansafe Services (UK) Ltd, of Croydon, to carry out a contract-clean of 24 acrylic rooflights at a car rental premises in Eastbourne.
At one stage, the worker, who does not wish to be named, had inspected a cleaned light from ground level and had just returned to the roof when he inadvertently stepped on to one of the rooflights. The acrylic gave way, sending him falling through to the concrete floor below.
He sustained a complex skull fracture and brain damage, multiple arm and wrist fractures and broke several ribs. He has lost his sense of smell and taste, has impaired sight in one eye and is totally deaf in one ear. He was in hospital for nearly two months, part of the time in an induced coma, and is unable to work.
The incident, on 11 December 2013, was investigated by the HSE, which prosecuted Cleansafe Services (UK) Ltd for several breaches of the Work at Height Regulations.
Eastbourne Magistrates’ Court heard that HSE’s investigation revealed that the safety precautions taken by the company were ‘grossly inadequate’.
The injured man and a colleague had reached the roof using a mobile elevating platform but had taken only six scaffold boards to stand on while jet-washing the rooflights. After two lights were cleaned, the injured worker went down to inspect them from below to see how clean they were. His fall followed just minutes later when he returned to the roof.
After the incident HSE served a Prohibition Notice on the company halting any further work until safety measures had been installed.
HSE said that Cleansafe could have hired a mobile working platform that had an extended reach – making it unnecessary to even go on the roof; or used proper crawling boards with handrails and netting inside the building.
Cleansafe Services (UK) Ltd of Progress Way Business Park, Croydon, Surrey, was fined a total of £60,000 and ordered to pay £5,741 in costs after pleading guilty to three breaches of the Work at Height Regulations.
After the case, HSE inspector Amanda Huff said:
“The victim of this case suffered life-threatening, and now life-changing, injuries and there is no doubt that this could have been a fatality.
“Cleansafe Services is a commercial company operating throughout the country but had no experience of working on fragile roofs. The risk assessment was not fit for the purpose and the result was the limited safety measures it took to protect the workforce were grossly inadequate.
“It is unacceptable for firms to put their employees at needless risk. There are several people killed each year and many more badly injured falling through fragile roofs. Work should be planned so no one needs to get onto the roof. Where it is necessary, safeguards such as edge protection, safety nets and roof stagings must be used.”
At one stage, the worker, who does not wish to be named, had inspected a cleaned light from ground level and had just returned to the roof when he inadvertently stepped on to one of the rooflights. The acrylic gave way, sending him falling through to the concrete floor below.
He sustained a complex skull fracture and brain damage, multiple arm and wrist fractures and broke several ribs. He has lost his sense of smell and taste, has impaired sight in one eye and is totally deaf in one ear. He was in hospital for nearly two months, part of the time in an induced coma, and is unable to work.
The incident, on 11 December 2013, was investigated by the HSE, which prosecuted Cleansafe Services (UK) Ltd for several breaches of the Work at Height Regulations.
Eastbourne Magistrates’ Court heard that HSE’s investigation revealed that the safety precautions taken by the company were ‘grossly inadequate’.
The injured man and a colleague had reached the roof using a mobile elevating platform but had taken only six scaffold boards to stand on while jet-washing the rooflights. After two lights were cleaned, the injured worker went down to inspect them from below to see how clean they were. His fall followed just minutes later when he returned to the roof.
After the incident HSE served a Prohibition Notice on the company halting any further work until safety measures had been installed.
HSE said that Cleansafe could have hired a mobile working platform that had an extended reach – making it unnecessary to even go on the roof; or used proper crawling boards with handrails and netting inside the building.
Cleansafe Services (UK) Ltd of Progress Way Business Park, Croydon, Surrey, was fined a total of £60,000 and ordered to pay £5,741 in costs after pleading guilty to three breaches of the Work at Height Regulations.
After the case, HSE inspector Amanda Huff said:
“The victim of this case suffered life-threatening, and now life-changing, injuries and there is no doubt that this could have been a fatality.
“Cleansafe Services is a commercial company operating throughout the country but had no experience of working on fragile roofs. The risk assessment was not fit for the purpose and the result was the limited safety measures it took to protect the workforce were grossly inadequate.
“It is unacceptable for firms to put their employees at needless risk. There are several people killed each year and many more badly injured falling through fragile roofs. Work should be planned so no one needs to get onto the roof. Where it is necessary, safeguards such as edge protection, safety nets and roof stagings must be used.”
Construction firm in court for worker roof fall
- A construction company has been fined for safety failings after a scaffolder was seriously injured when he plunged seven metres through a fragile surface during work to extend a London supermarket.
James Whelan, 31, from Wimbledon, fractured parts of his spine and pelvis, broke four ribs and bruised his lung in the incident in Wandsworth on 8 August 2013.
Belper-based Bowmer & Kirkland Ltd was prosecuted after an investigation by the HSE established that more could and should have been done to prevent the fall.
Westminster Magistrates’ Court heard the company, which operates across the UK, was responsible for refurbishing and extending an existing Sainsburys store.
Mr Whelan, who was working for a scaffolding subcontractor, was walking in an area linking the roof space of the old store with the new extension when he stepped from an exposed timber walkway onto a section of dusty plasterboard that he assumed was the same material as the walkway.
He crashed through the fragile material and a suspended ceiling, ending up on a stairway beneath the roof space.
Magistrates were told that Bowmer & Kirkland sought to control the risks posed by the fragile area by restricting access to the walkway. Instead more should have been done to physically mitigate the chances of a fall occurring in the first place, such as providing a better, properly guarded walkway or hard covers for the fragile materials.
Bowmer & Kirkland Ltd, of High Edge Court, Heage, Belper, was fined £6,000 and ordered to pay a further £1,428 in costs after pleading guilty to a single breach of the Work at Height Regulations 2005.
After the hearing HSE Inspector Gavin Pugh said:
“The hazards presented by fragile surfaces and open edges are clear, and it is common knowledge that falls from height account for almost half of all deaths and serious injuries on construction sites. As such, companies like Bowmer & Kirkland should be fully aware of what needs to be done to adequately protect workers.
“The safety standards surrounding the walkway and fragile area fell some way short on this occasion, and it could have cost the scaffolder his life. He suffered painful injuries that still cause him pain and discomfort, but he could just as easily have been killed.”
Belper-based Bowmer & Kirkland Ltd was prosecuted after an investigation by the HSE established that more could and should have been done to prevent the fall.
Westminster Magistrates’ Court heard the company, which operates across the UK, was responsible for refurbishing and extending an existing Sainsburys store.
Mr Whelan, who was working for a scaffolding subcontractor, was walking in an area linking the roof space of the old store with the new extension when he stepped from an exposed timber walkway onto a section of dusty plasterboard that he assumed was the same material as the walkway.
He crashed through the fragile material and a suspended ceiling, ending up on a stairway beneath the roof space.
Magistrates were told that Bowmer & Kirkland sought to control the risks posed by the fragile area by restricting access to the walkway. Instead more should have been done to physically mitigate the chances of a fall occurring in the first place, such as providing a better, properly guarded walkway or hard covers for the fragile materials.
Bowmer & Kirkland Ltd, of High Edge Court, Heage, Belper, was fined £6,000 and ordered to pay a further £1,428 in costs after pleading guilty to a single breach of the Work at Height Regulations 2005.
After the hearing HSE Inspector Gavin Pugh said:
“The hazards presented by fragile surfaces and open edges are clear, and it is common knowledge that falls from height account for almost half of all deaths and serious injuries on construction sites. As such, companies like Bowmer & Kirkland should be fully aware of what needs to be done to adequately protect workers.
“The safety standards surrounding the walkway and fragile area fell some way short on this occasion, and it could have cost the scaffolder his life. He suffered painful injuries that still cause him pain and discomfort, but he could just as easily have been killed.”
