Health and Safety in the news this week

Institution of Occupational Safety and Health (IOSH) statement on UK voting to leave EU

IOSH Head of Policy and Public Affairs Richard Jones said:

"Post-Brexit, the UK now has less influence over EU law.  Now we're exiting, it's vital the UK continues to apply our successful risk-based health and safety system, which includes laws from EU directives, because it's been found to be fit for purpose by several independent reviews and is respected and imitated across the world.

IOSH will continue to promote agreed international standards and to defend against any erosion of health and safety protections.

As UK organisations will want to continue to trade with Europe, it will be in everyone's interest to maintain the status quo.

The UK has already helped to influence sound foundations for European health and safety and beyond and our expertise will continue to be sought and valued."

HSE prosecution round up:

Suspended prison sentence for unregistered gas fitter

A gas fitter from Walsall has received a suspended prison sentence after he fitted a hob at a house in Tamworth when not on the Gas Safe Register.

Alan Nicholas Price’s work came to the attention of HSE after a registered fitter subsequently carried out repairs on the gas hob.

Price, 57, from Pelsall, was charged with breaching Gas Safety (Installation and Use) Regulations.  He failed to appear in court on two separate occasions and was arrested. At Stafford Crown Court, he pleaded guilty and was given a nine-month prison sentence, suspended for two years.

He was also ordered to complete 100 hours of community service and pay £100 towards HSE’s costs.

Gas Safe Register^[1] maintains the register of businesses and operatives who are competent to undertake gas work. Under the Gas Safety (Installation and Use) Regulations, for a gas engineering business or operative to legally undertake gas work within the scope of the regulations, they must be on the Gas Safe Register.^[2]

Speaking after the hearing, HSE inspector Wayne Owen said:

“When working on gas systems it is vital that the person has sufficient knowledge, training and experience so that they are aware of safe working practices and standards.  This is due to the level of risk if gas systems are not worked on and fitted safely.  The risk is posed not only to the person carrying out the work but to anyone else who may be in the vicinity of the systems afterwards; in this case the occupants of the house.”

 

Wear helmets on quad bikes, pleads farm safety chief

An agriculture safety chief has urged farmers not to ignore simple life-saving advice to wear helmets when riding quad bikes.

Rick Brunt’s call comes after details of an horrific incident, when a teenager suffered a serious head wound, emerged in court proceedings.

The farm worker, aged 17, from Shap, Cumbria, was trapped underneath an overturned quad bike for an hour with a wound that later needed 17 stitches.

Carlisle Magistrates’ Court heard that family partnership JF & M Bland had contracted the worker for general agricultural duties and he was instructed to use the firm’s quad bike to get to a large sloping field.

He did so, without any training, and with no helmet provided for him to wear.  The vehicle overturned and it was an hour before one of the partners of the company found him.

After investigating the circumstances of the incident, which happened in April 2014, the Health and Safety Executive decided to prosecute JF & M Bland, of Dacre, Penrith, for breaches of health and safety laws.

The company pleaded guilty to breaching Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998.  It was fined £6,000 and ordered to pay costs of £4,693.

Rick Brunt, head of agriculture at HSE, said:

“Vehicle-related accidents are a significant problem in agriculture and one of the biggest killers.  Only people who are trained and capable should operate all-terrain vehicles, like quad bikes.  Every year, on average, we see two deaths and numerous injuries involving ATVs.”

HSE inspector Matthew Tinsley, who investigated and prosecuted for HSE, said:

“This is a reminder to all farmers and farm workers that it just isn’t worth taking unnecessary risk.  Training is vital, as is head protection. This is simple, common sense advice that, if followed, can save lives.”

 

Suspended prison sentence for unregistered gas worker

A man who fitted central heating boilers at two houses in Greater Manchester has received a suspended prison sentence, after he admitted he did not have the required safety registration to do the work.

Christopher Dignam, trading at Blue Flame Plumbing and Heating Services, has never been on the Gas Safe Register, the body which ensures those who carry out gas work are competent to do so.

One of the two boilers fitted by him in November and December 2014 was found by a Gas Safe investigator to be ‘at risk’ – meaning that faults were present which could constitute a danger to life or property.

Advertisements for Blue Flame Plumbing and Heating in two local publications showed a Gas Safe Register logo and a registration number which does not belong to Dignam, confirming that he knew he should be Gas Safe Registered, the court heard

Speaking after the hearing, HSE inspector Caroline Shorrock said:

“Dignam showed a reckless and flagrant disregard for health and safety requirements. He knew he should be registered with Gas Safe and he exposed customers to a risk of serious injury or death.”

Dignam, of Kenyon Lane, Middleton, Manchester, pleaded guilty to two breaches of Regulations 3(3), and for breaching 3(7) and 26(1) of the Gas Safety (Installation and Use) Regulations 1998.  He was sentenced to 12 months custody, suspended for two years.  He was ordered to pay £460 and £400 compensation to the two homeowners and £3,000 costs.

 

Fish processing firm fined after man killed by falling boxes

 

 

 

 

 

 

 

 

 

 

A Plymouth company has been fined £500,000 after an employee suffered fatal injuries when a stack of boxes of frozen fish fell on him.

Tomas Suchy, 22, an employee of Interfish Limited, was helping to clear up a fallen stack of frozen fish boxes in one of the cold store areas when there was another fall of stock which struck him.  He received multiple and severe injuries which proved fatal.

An investigation by the Health and Safety Executive into the incident, which occurred on 18 October 2013, found there was no safe system of work or instruction to staff on how pallets should be stored.  There was no written procedure for dealing with falls of stock when they occurred.

Interfish Limited, of Wallsend Industrial Estate, Cattedown Wharves, Plymouth, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.  At Plymouth Crown Court it was fined £500,000 and ordered to pay costs of £24,800.

HSE inspector Emma O’Hara said after the hearing:

“Safe stacking of stock is a cross-industry necessity and can often be overlooked when considering safe systems of work.  Duty holders need to ensure that they are stacking safely and that they have a plan for dealing with any unforeseen circumstances such as a fall of stock.”

 

Source: www.hse.gov.uk

Fee for Intervention

Fee for Intervention (FFI) is the HSE’s cost recovery regime implemented from 1 October 2012, under regulations 23 to 25 of The Health and Safety (Fees) Regulations 2012. 

The fee payable by dutyholders found to be in material breach of the law is £129.00 per hour.  The total amount to be recovered will be based on the amount of time it takes HSE to identify and conclude its regulatory action, in relation to the material breach (including associated office work), multiplied by the relevant hourly rate.  This will include part hours.

A material breach is when, in the opinion of the HSE inspector, there is, or has been, a contravention of health and safety law that requires them to issue notice in writing of that opinion to the dutyholder.

Written notification from an HSE inspector may be by a notification of contravention, an improvement or prohibition notice, or a prosecution and must include the following information:

·         The law that the inspector’s opinion relates to;

·         The reasons for their opinion; and

·         Notification that a fee is payable to the HSE.

Dutyholders who are compliant with the law, or where a breach is not material, will not be charged FFI for any work that HSE does with them.

Source: www.hse.gov.uk

 

HSE prosecution round up:

Firm fines £1million after young worker killed by exploding tyre

A Kent tyre company has been sentenced for safety failings after 21-year-old Matthew Hoare, from Canterbury was killed when a tyre exploded.

Canterbury Crown Court heard how Matthew, an employee of Watling Tyre Service Limited of Kent, was repairing a puncture to the tyre of a ‘dresser loading shovel’ when it exploded.

An investigation by the Health and Safety Executive (HSE) found that Matthew was working on his own with inadequate work equipment which was not properly maintained. He was not trained or competent to undertake the work he was told to complete.

After the hearing, HSE Principal Inspector Mike Walters said:

“Employees need to be provided with properly maintained equipment and the correct equipment to undertake tasks whilst out on site. Employees also need to be trained and competent in the tasks they were asked to undertake.”

Watling Tyre Service Limited pleaded guilty at a previous hearing on 29 January 2016, to breaches of Section 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974 and were fined £1 million and ordered to pay costs of £99,485.

 

Firm fined for safety failings at property development

A company based in Cardiff has been fined for safety failings during a property development.

Pontypridd Magistrates’ Court heard Ziman Trading Limited, formerly Ziman Investments Limited (Ziman), was acting as the principal contractor at the property development of the former New York Hotel, York Street, Porth.

An investigation by the Health and Safety Executive (HSE) found that the company failed to ensure that appropriate measures were in place to control risks on site, including falls from height, exposure to asbestos and the risk from fire.

The company failed to effectively plan and manage the work which put workers at risk. Ziman did not co-operate with the investigation and failed to comply with enforcement action taken by the HSE.

Ziman Trading Limited, of Cefn Coed Road, Cyncoed, Cardiff, pleaded guilty to breaching Regulation 13(1) of the Construction (Design and Management) Regulations 2015 and Section 33(1)(G) of the Health and Safety at Work etc. Act 1974.  The company was fined £50,000 and ordered to pay costs of £5,478.

Roofer fined for unsafe roof work

A Bracknell based roofer has been fined for safety failings after a complaint was made to HSE regarding unsafe roof work.

No-one was injured in the incident at Sabine Gates, Old Bracknell Lane, Bracknell on 27 August 2014, however members of the public were endangered by the potential for falling objects.

Reading Magistrates’ Court heard that Terry Colwell trading as T Colwell Roofing from Bracknell, had been contracted to undertake roof repairs to the property by Grosvenor Court (Bracknell) Management Company Limited (Grosvenor Court).

Terry Colwell chose to carry out the work without a scaffold, working at heights of up to eight metres with no fall protection or falling object protection to protect members of the public.

An investigation by the Health and Safety Executive (HSE) established that Terry Colwell undertook the work for £650.  The price of a scaffold would have been between £1400 and £1500.

Terry Colwell, trading as T Colwell Roofing, of Hardwell Way, Harmans Water, Bracknell, was fined a total of £2,000 and ordered to pay £1,966 in costs after pleading guilty to a single breach of the Health and Safety at Work etc Act 1974.

After the hearing HSE Inspector John Caboche said:

“This was a serious incident that could have ended in tragedy for Mr Colwell or a member of the public had he fallen or had a loose roof tile been dislodged during the repairs.  The incident was wholly preventable and could have been avoided had Mr Colwell used a scaffold and not undercut the other roofing company and if the operation been better planned and managed.  It is essential that roof work is carefully assessed by competent persons, with a plan in place to prevent falls of persons and objects.  Roof work remains one of the most dangerous activities in the construction sphere.  Terry Colwell was fully aware of the dangers of roof work and HSE publishes extensive guidance that is readily available of how to safely manage this type of work.”

BT fined £500,000 after engineer breaks his back in fall

British Telecom plc (BT) has been fined £500,000 after an engineer fell seven metres from a loft in London, breaking his back and his ankles.

The Old Bailey heard how a BT engineer, David Spurgeon, was fixing a telephone fault in the roof void of a residential block of flats in Tower Hamlets, East London.  Mr Spurgeon was working alone when he lost his balance and fell through the ceiling, landing on a concrete stairwell, sustaining his serious injuries.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred in May 2011 found there were a number of management failures by BT, including inadequate planning of work taking place near fragile surfaces and checking that it was carried out safely.

British Telecom plc, of Newgate Street, London, was found guilty of breaching Section 2(1) of the Safety and Health at Work etc Act 1974 and was fined £500,000 and ordered to pay costs of £98,913.51. In his sentencing remarks the judge criticised BT for attempting to blame its own engineers for the incident. He described their approach as being ‘not necessary, misplaced, and unfortunate’.

HSE inspector Kevin Smith said:

“David Spurgeon is lucky to be alive.  There were a number of failures of health and safety management by BT which related to planning the work, supervision, and checking it was being carried out safely. Work at height needs to be properly planned, and this incident could have been prevented.”

Worker contracts allergic contact dermatitis

A company based in Hereford which manufactures rubber sealants has been fined after a worker contracted allergic contact dermatitis.

Hereford Magistrates’ Court heard how an employee contracted the skin disease after being exposed to sensitising ingredients in rubber compounds.

An investigation by the Health and Safety Executive (HSE) found that the company failed to assess risks from products used or manage those risks.  The company’s health and safety advisor failed to understand the underlying issues to the level required for the company to understand its responsibilities.

TRP Polymer Solutions Limited, of Netherwood Road, Rotherwas Industrial Estate, Hereford, pleaded guilty to breaching Section 2 of the Health and Safety at Work etc Act 1974, and Regulations 6 and 11 of the Control of Substances hazardous to Health 2002 (COSHH), and was fined £40,000 and ordered to pay costs of £6,529.

Paula Underwood, of Slaughter Castle, Kimbolton, Leominster, Herefordshire, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974, and was fined £1,000 and ordered to pay costs of £200.

Worker suffers serious injury from contact with overhead power line

A stonemasonry company in Perth has been fined after an apprentice stonemason was seriously injured from contact with an overhead power line.

Perth Sheriff Court heard how 20 year old apprentice Rodd McFarlane was working for T&M Stonemasonry, carrying out repairs at Waulkmill Cottage in Perth.

During this work, McFarlane erected a tower scaffold to carry out some re-pointing work.

While on the scaffold he came into contact with overhead 240 volt electricity power lines that were supplying the cottage.  The wind caused the power line to brush against his back causing him to turn around instinctively and grab the live wire.  The flow of the current meant he was unable to let go for a few seconds until he jumped down from the board on the tower scaffold.  His weight broke the wire and interrupted the flow of current.  He received an electric shock and suffered burns to both hands requiring graft surgery and a possible future amputation of a little finger.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 2 August 2012 found that the stone masonry company should have developed a safe system of work.

T&M Stonemasonry, of Highfield Road, Scone, Perth, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, and was fined £16,000.

Source: www.hse.gov.uk

HSE Health and Safety Myths Buster

We might be watching the Euro 2016 competition at the moment, but this myth has a football flavour!

Builder quits job after being ordered to remove flags put up to support England in the World Cup

Issue

A furious builder has quit his job in London after he was ordered to remove two flags which he put up to support England in the World Cup.

Panel decision

Health and safety law does not stop anyone supporting their team and celebrating major sporting events. It seems that a key reason for taking these England flags down was that workers of other nationalities might also want to do the same in support of their own national teams but it’s difficult to see why that would be a problem and certainly not a health and safety one!

 

HSE prosecution round up:

 

Death of road worker prompts HSE warning to HGV drivers

HGV drivers are frequently putting lives at risk by not following basic safety procedures when coupling and uncoupling vehicles, the Health and Safety Executive warned today.

The workplace health and safety regulator urged drivers to apply parking brakes and use (or retrofit) warning alarms to avoid a repeat of an incident in January 2015 when a 20-year-old man died.

Road worker Dale Pentney was crushed by an HGV tractor unit which unexpectedly rolled backwards as driver Anthony Steven Smith was in the process delivering materials for repairs to the A21 in Kent.

On 24 May, at Sevenoaks Magistrates’ Court, Smith was given a suspended prison sentence.  He pleaded guilty to causing death by careless driving and a breach of section 7 of the Health and Safety at Work Act.

The court heard Smith, 48, of Philadelphia Road, Porthcawl, Newport, Wales, was an experienced HGV driver and was in the process of connecting his tractor unit to another parked trailer when it rolled backwards.

Two men working with Mr Pentney were able to jump out of its way but Mr Pentney was unable to do so and was trapped between the two vehicles.  He sustained major head injuries and died at the scene.

A joint investigation by Kent Police and HSE found that Smith failed to apply the parking brake of the tractor unit before he left it.  He also failed to follow recognised industry coupling procedures.

Smith was sentenced to 12 weeks’ imprisonment (suspended for 12 months) and disqualified from driving for 12 months.

HSE inspector Melvyn Stancliffe, speaking after the hearing brought by the Crown Prosecution Service (CPS), said:

“This was a tragic and wholly avoidable accident and HSE’s sympathies are extended to the Pentney family.  Sadly, it shows how dangerous situations can develop very quickly. These coupling/uncoupling incidents – known as ‘runaways’ or ‘rollaways’ – are all too common.  Many vehicles are fitted with visual and audible parking brake warning alarms, and if they are not fitted, hauliers should consider retrofitting them to their tractor units as HSE considers it reasonably practicable to do so.  These alarms must never be ignored.  Drivers must ensure they correctly apply the tractor unit parking brake before exiting the cab and then follow safe decoupling and coupling procedures.”

Nigel Pilkington, head of CPS South East complex casework unit, said:

“Although Dale died whilst he was at work, it was important to charge Anthony Smith with the serious offence of causing Dale’s death by careless driving.  The sentence rightly reflects the fact of his careless driving on that day.”

 

Recycling company fined after worker was injured in machinery

A recycling company in Nantwich has been fined after a 24 year old worker was seriously injured when he was dragged into machinery.

Chester Crown Court heard how a worker for Nick Brookes Recycling Limited was dragged into the unguarded conveyor resulting in his right arm having to be amputated up to his shoulder.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 8 August 2013 found the conveyor belt was in extremely poor condition and access to the belt was possible as it was unguarded.

The employee was working on an ‘infeed conveyor’ which transfers waste brought by skip wagons onto a picking line.  The court heard how the conveyor was jamming frequently in the run up to the incident and there was a lack of information, instruction, training and supervision provided by the company to it employees.

Nick Brookes Recycling Limited, of Green Lane, Wardle, Nantwich, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, and was fined £80,000 and ordered to pay costs of £13,000.

Speaking after the hearing, HSE Inspector Adam McMahon said:

“Had the company assessed the risk, implemented the correct control measures and guarded the machine then the horrific incident could have been prevented”.

 

British Telecommunications PLC fined £600,000 after workers injured

British Telecommunications PLC has been fined after two of its employees were seriously injured in falls from height.

Teesside Crown Court heard how two British Telecommunications (BT) Open Reach engineers had been given a job at BT’s Darlington Automatic Telephone Exchange.  One of the engineers was installing a cable through a hole on the first floor along a ceiling level cable tray to the Main Distribution Frame (MDF) on the ground floor.  In order to carry out this work he was working on a stepladder in amongst the lighting system.  He felt a pain in his right arm and fell from the step ladder.  He was taken to hospital with head and back injuries.

The accident was not properly investigated and later that day the work was allowed to continue. The second engineer continued with the work himself, from a different ladder. However he too fell to the ground and was taken to hospital with serious skull and back injuries.

A year after the accident, the first engineer returned to work for BT.  However he had lost his sense of smell and taste and required physiotherapy for a number of years.  The second engineer received serious multiple fractures of the skull and spine, his sense of smell and taste had been affected, he was blinded in one eye, and has long term memory problems.

An investigation by the Health and Safety Executive (HSE) into both incidents, which occurred on 1st April 2010, found that the work had not been properly assessed or planned, despite workers being exposed to such serious risks as working at height close to an electrical system.  Serious failings were also found within the electrical lighting system in that area, where workers were exposed to live metal parts, some at 240 volts. The system was poorly constructed and had not been properly maintained or tested.  It is most likely that both engineers received electric shocks which threw them from the ladders.

British Telecommunication PLC, of Newgate Street, London, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, and was fined £600,000 and ordered to pay costs of £60,000.

HSE inspector Laura Lyons said after the hearing:

“Work at height and working close to electrical systems needs to be properly assessed and planned so that adequate controls can be put in place.  This duty rests firmly with the employer.  These life changing incidents could have been avoided if BT had provided safe systems of work and ensured that the electrical systems were properly constructed, maintained and tested. ”

 

Scottish power firm fined £1.75m after worker seriously scalded

A Scottish energy company was fined after a worker was seriously scalded at Longannet Power Station in Alloa.

Dunfermline Sheriff Court heard how a plant controller working for ScottishPower Generation Limited (SPGL) was injured when he opened a faulty valve which emitted high pressure, high temperature steam.  He sustained serious burns to his chest and legs.

An investigation by the Health and Safety Executive (HSE) into the incident, which happened on 12 October 2013, found that SPGL were aware of the defect but did not ensure appropriate steps were taken to either repair or remove the valve from use.

ScottishPower Generation Limited, of, Atlantic Quay, Robertson Street, Glasgow pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £1.75million.

The HSE principal inspector Fiona MacNeill said after the hearing:

“The plant controller suffered severe and life changing injuries.  This case has highlighted the importance for every employer of ensuring that systems are in place for maintaining work equipment in a safe condition, efficient working order and in good repair.”

 

Worker crushed between two vehicles

A waste management and plant hire company in Derbyshire has been fined after a worker was fatally crushed between two vehicles while refuelling.

Derby Crown Court heard how 39-year-old Matthew Lambert was refuelling his road sweeper at the yard of Leedale Limited.  The refuelling point on the vehicle was at the rear, and it was while he was refuelling that a tipper lorry reversed into him.  Matthew Lambert was crushed between the two vehicles and died of catastrophic head injuries.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 26 November 2013 found there were no marked or identified vehicle and pedestrian routes.  There were no rules or control of reversing manoeuvres, and the lighting at the site was poor and below the required standard.

Leedale Limited, of Heage Road Industrial Estate, Heage Road, Ripley, Derbyshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, and was fined £300,000 and ordered to pay costs of £50,737.

 

Source: www.hse.gov.uk

 

 

HSE prosecution round up:

Body manufacturing firm fined after workers crushed between vehicles

A vehicle body manufacturing company in Stoke on Trent has been fined after two workers were seriously injured when they were crushed between a moving vehicle and stationary vehicles.

North Staffordshire Magistrates’ Court heard that a colleague of the two men was attempting to manoeuvre an 18 tonne vehicle in the work shop of Commercial Body Specialists Limited on 12 January 2015 when two employees were pinned and crushed between the manoeuvring vehicle and two other stationary vehicles.  One other employee jumped out of the way.

One worker suffered several fractures to his pelvis and ribs as well as internal bladder and kidney lacerations.  The other worker suffered crush injuries to his legs.

An investigation by the Health and Safety Executive (HSE) into the incident found that the company had failed to identify and assess workplace transport risks and had failed to put in place protective measures, safe systems of work and proper instruction and training to ensure employee pedestrian safety during vehicle movement.

Commercial Body Specialists Limited, of High Street, Tunstall, Stoke on Trent, pleaded guilty to breaching Section 2 of the Health and Safety at Work etc Act 1974, and was fined £20,000 and ordered to pay costs of £4,461.
 

Man jailed for illegal gas work

A Darlington man has been jailed for carrying out illegal gas work on three occasions.

Teesside Magistrates’ Court heard Neil Simon McKimm (trading as Macs Plumbing Services) carried out gas work including servicing boilers.  McKimm used the alias of a legitimate gas engineer to deceive his customers.

An investigation by the Health and Safety Executive (HSE) found that Neil McKimm repeatedly falsely pretended to be a legitimate Gas Safe engineer and falsely signed official records in the name of a legitimate gas engineer.

Neil Simon McKimm (trading as Macs Plumbing Services and alias as Robert Welsh), of West Moorland Street, Darlington, was found guilty of breaching Section 3(2) of the Health and Safety at Work etc. Act 1974; Regulations 3(3) and 3(7) of the Gas Safety (Installation and Use) Regulations 1998, and was sentenced to prison for eighteen months.

HSE inspector Paul Wilson said after the hearing: “Gas work must be carried out by properly registered Gas Safe engineers, and HSE will robustly pursue those that break the law.”

Pipe manufacturing company fined for safety failings

A pipe manufacturing company based in Newport has been fined for safety failings after seven reported cases of Hand Arm Vibration Syndrome (HAVS) or Carpal Tunnel Syndrome (CTS) between April 2014 and July 2015.

Newport Crown Court heard that employees of Asset International Limited used vibrating tools without proper training or practical controls to reduce vibration risk.

An investigation by the Health and Safety Executive (HSE) found no sufficient risk assessment or health surveillance had been carried out.

Asset International Limited, of Stevenson Street, Newport, was fined a total of £200,000 and ordered to pay costs of £27,724 after pleading guilty to offences under Regulations 5, 6, 7, and 8 of the Control of Vibration at Work Regulations 2005.

HSE inspector Joanne Carter said after the hearing:

“The serious and irreversible risks from Hand Arm Vibration Syndrome caused by work with vibrating tools are well known and guidance has been in place since the early 1990s.  This case shows there is no excuse for not putting in place a management system which includes risk assessment, control measures, health surveillance and information and training to reduce these risks to as low a level as is reasonably practicable.”

Two Companies fined after worker falls three metres from ledge of building

A window fitting company and the principal contractor at a construction site have been fined for safety failings after a worker fell a total of three metres while installing glazed units.

Bournemouth Magistrates’ Court heard how, on 4 November 2014, an employee of GFT Frames Limited (GFT), was installing glazed units in a block of flats on a construction site at Western Avenue, Bournemouth where Parsons and Joyce Contractors Limited (P&J) were principal contractors.

Darren Shepherd, aged 54, of Bournemouth, an employee of GFT, had been carrying window frames through the stairwell of the block of flats under construction.  There were no stairs in place, just a ledge which was part of the structure that would act as a landing half way up the stairs once they were installed.  After completing the unloading all the frames, Mr Sheppard and a colleague were accessing the first floor, up through the void.  As Mr Sheppard climbed onto the first floor from the ledge, he slipped, falling approximately 1.7metres back to the landing and then a further 1.3 metres to the ground floor.  He sustained two fractured ribs and a broken thumb.

A Health and Safety Executive (HSE) investigation found GFT had failed to properly plan, supervise or carry out the work at height in a safe manner and that Parsons and Joyce failed to plan manage and monitor the construction phase and failed to provide workers with a site induction.

GFT Frames Limited, of Vantage Way, Poole, Dorset, was fined a total of £6,000, and ordered to pay £9,953 in costs after pleading guilty to an offence under Regulation 4(1) of the Work at Height Regulations 2005.

Parsons and Joyce Contractors Limited, of Ashley Road, Poole, Dorset, was fined a total of £20,000, and ordered to pay £9,953 in costs after pleading guilty to offences under Regulation 22(1)(a) and 22(2)(a) of the Construction (Design and Management) Regulations 2007.

Royal Mail fined after worker suffered injuries

The Royal Mail Group Limited has been fined £50,000 after a worker’s foot was run over by a reach truck in a bundling warehouse.

Medway Magistrates Court heard how an incident happened at the Royal Mail Group Limited (RMG) bundling centre in Rochester where a worker stepped out into an aisle and another worker, who was driving a reach truck, ran over his foot causing broken bones and bruising.  The injured worked was not wearing safety boots with steel toe caps when the incident happened.

An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on 7 March 2014, found that workplace transport was not organised to ensure pedestrians and vehicles can circulate safely as they both operated in the same areas without segregation.

Better organisation of the workplace transport within the warehouse would have prevented this incident from happening.

Royal Mail Group Limited, of Victoria Embankment, London, pleaded guilty to breaching Regulations 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992, and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999, and was fined £50,000 and ordered to pay costs of £10,406.

Roofing contractor fined for safety failings

A Cambridgeshire based roofing contractor has been fined for safety failings which put three workers at risk.

Stevenage Magistrates’ Court heard Kerry Parmenter was contracted to carry out roof work at the premises of Cottage Linen Limited in Hertfordshire.

Work on the roof was stopped by the client after they were informed by the Health and Safety Executive (HSE) of unsafe working methods following a site visit.

In January 2015 HSE found that workers were being put at risk by working on the fragile roof without adequate controls and using inappropriate equipment.  Kerry Parmenter had failed to adequately plan, manage and supervise the work.

Kerry Parmenter, of Paddocks Toll, Forty Foot Bank, Ramsey, Cambridgeshire, pleaded guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007, and Regulation 9 (2) of the Work at Height Regulation 2005 and was fined £2,500 and ordered to pay costs of £1,459.

HSE inspector Rauf Ahmed said after the hearing:

“Work on fragile asbestos cement sheet roofs is a high risk activity with a history of fatal injuries.  Workers are at risk of falling through the roof or from open edges if protections are not in place.  There is publically available guidance on HSE’s website highlighting the control measures required for carrying out this type of work.”

Source: www.hse.gov.uk

HSE Health and Safety Myths Buster

Ban on throwing mortar boards is a tired health and safety myth

There have been a number of reports in the media that a university plans to ban their students from throwing mortar boards in the air on graduation day for health and safety reasons.  HSE has provided a response to this age-old myth:

Geoff Cox, who heads the Health and Safety Executive public sector team, said:

“You’d think universities would study history and do a bit of research before repeating tired health and safety myths like this one.  The banning of mortar board tossing on supposed ‘health and safety’ grounds is one of our most popular myths and actually appears in our Top 10 all-time worst health and safety excuses.

As far back as 2008, HSE made clear the law does not stop graduates having fun and celebrating their success in the time-honoured fashion.  The chance of being injured by a flying mortar board is incredibly small and it’s over-the-top to impose an outright ban.  We usually find the concern is actually about the hats being returned in good condition.”

 
Supermarket cafe refused to sell customer a packet of untoasted fruit bread

Issue

Supermarket cafe refused to sell customer a packet of fruit bread for health and safety reasons as he didn’t want it toasted before taking it home.

Panel opinion

There is nothing in health and safety at work legislation that prevents the sale of fruit bread nor should there have been a food labelling issue here.  It is a pity that a “health and safety” excuse was used to refuse such a simple request.  This appears to be a case of poor staff training resulting in a very disappointed customer.

Health and Safety in the news this week

Myth or Reality? - A council has launch a crackdown on hairy workers as part of new health and safety regulations

Nuneaton and Bedworth Borough Council has told some of it staff to make sure they are clean shaven before going to work or risk disciplinary action.

Those affected are expected to wear special 'face fit' masks when dealing with dusty situations with asbestos potentially present.

The team, which includes those in the repairs department such as carpenters and plumbers, must wear the respiratory protective equipment (RPE) as what is being billed as a 'control measure' or face action including loss of pay.

If a worker is not clean shaven council chiefs say it affects the seal of the mask to the face, potentially creating leakages of airborne contaminants.

A council employee, who did not wish to be named, said:

"They're saying it's like wearing toe protector boots as a duty of care but the footwear doesn't impact on your appearance or personal preference when it comes to shaving.  We are basically being penalised if we are not clean shaven as you can come into contact with dust in a range of instances, some expected and some not."

Before the masks were given out, all affected workers had to undertake a supervised face fit test.

In the letter given to the affected staff, housing and communities director Dawn Dawson said:

"Once you have had your face fit test you should ensure that whenever the task that you are doing requires the use of a close fitting mask you are clean shaven so that the mask performs correctly.  If you are found wearing a mask and are not clean shaven you will be stopped from working until you have shaved. This may result on loss of pay and further action being taken."

What do the council say?

A council spokesman said:

"Health and safety legislation requires that employers must protect the health, safety and welfare at work of all their employees, as far as is reasonably practicable; it also states that employees have a duty to take care of their own health and safety and that of others who may be affected by their actions at work.  Employees must co-operate with employers and co-workers and comply with reasonable requests made by them, to help everyone meet their legal requirements. 

Where RPE has been identified as a control measure, for any task, it is important that the RPE is adequate and suitable.  To ensure that the selected RPE provides adequate protection for individual wearers, the Approved Codes of Practice supporting the Control of Substances Hazardous to Health Regulations and the Control of Asbestos Regulations stipulate that tight-fitting RPE must be 'fit tested'.  This helps to ensure that inadequately fitting face pieces are not used.  Ill-fitting face pieces can create inward leakages of airborne contaminants.  Individual face fit tests are required to ensure that the appropriate RPE is available.  The tests require individuals to be clean shaven as this affects the seal of the mask to the face and its ability to perform correctly.  Once individuals have had their face fit test, they must ensure that whenever the task that they are doing requires the use of a close fitting mask, they are clean shaven so that the mask performs correctly.  If a member of staff is found wearing a mask and is not clean shaven, for their own safety they will be stopped from working until they have shaved.

In accordance with Health and Safety legislation and guidance, provision has been made for those who for either religious or medical reasons are unable to wear close fitting masks and we have even extended this to those people who have had a substantial beard for a number of years. This is done by way of powered hood respirators.

It is in all our interests to ensure that we comply with all relevant Health and Safety Legislation and regulations."

Source: Coventry Telegraph

Construction worker killed on Queensferry crossing

A 60-year-old construction worker has died after an incident on the Queensferry Crossing near Edinburgh in Scotland.

The man is understood to have been hit by a moving boom on a Giraffe crane at about 12:20 on the deck of the north tower.  It is reported that he suffered severe blood loss and was unable to be resuscitated.  Another man is reported to have been injured.

Work on the bridge has stopped for investigations to take place.

The £1.4bn Bridge was due to be completed by the end of the year, and was ordered by ministers because of corrosion at the main suspension cable on the Forth Road Bridge.  Work began in 2011 and this death is understood to be the first fatality at the site.

A Forth Replacement Crossing spokesman said:

“We are deeply saddened to have to confirm there was an incident just before noon on 28 April on the Queensferry Crossing’s north tower in which a person has lost his life.  One other person has been taken to hospital.  All activity has been stopped at the north tower.”

Harry Frew, Ucatt Scottish regional secretary, told the BBC Scotland news website: 

“We were just on our way back from a Workers’ Memorial Day ceremony in Glasgow Green to commemorate workers who have been killed at work when we heard the news.  I am very saddened about this tragedy and our thoughts are with his family.”

The police are working to investigate the incident on the crossing, and inquiries are ongoing.

Source: www.shponline.co.uk

HSE prosecution round up:

Equipment Safety - Major frozen food manufacturer fined for safety failings

A major frozen food manufacturer based in Whittlesey, near Peterborough, has been fined £800,000 for safety failings after an employee nearly lost his arm.

Peterborough Crown Court heard how a 34-year-old employee was attempting to check the condition of the head roller on a bypass conveyor.  While doing this his arm became entangled in the machinery and his arm was almost severed.  Although his arm was saved, he now has limited movement in his hand.

An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on the 21 August 2014, found that the conveyor did not have the correct guards fitted.  A risk assessment of the machine by the company failed to recognise the danger.

McCain Foods (GB) Limited of Havers Hill, Eastfield Scarborough, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and Section 2(1) of the Health and Safety at Work etc Act 1974, and was fined £800,000 with costs of £12,831.51.

Plastics manufacturer fined for death of worker

A plastics manufacturer from Cambridgeshire has been fined and given a suspended sentence after a worker died after she was crushed by printing machinery.

Peterborough Crown Court heard how a 23-year-old agency worker from Lithuania was working in a print room for Gordon Leach, who trades as RGE Engineering Company.

On 27 April 2012, the worker entered the printing machine to apply thinners to the ink when the machine started.  Her head was crushed between the printing pads and the printing table of the machine, fatally injuring her.

An investigation by the Health and Safety Executive (HSE) into the incident found that there was no effective system of guarding to the machine and the incident could have been prevented.

Gordon Leach (trading as RGE Engineering Company), of The Avenue, Godmanchester, Cambridgeshire, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was given a 15 month sentence, suspended for 24 months, was fined £7,500 and was ordered to pay full costs of £45,000.

Crystal Company sentenced over injury to worker

A Cumbrian lead crystal manufacturer has been fined after an employee suffered a serious hand injury while using machinery.

Laura Ponsford, who was 21 at the time of the incident in February last year, had the middle finger of her right hand torn off while operating a drill to widen the neck of a glass bottle.

Preston Crown Court heard the investigation by the Health and Safety Executive (HSE) into the incident at Greatdale Ltd (trading as Cumbria Crystal) found the firm had failed to prevent operatives from accessing dangerous parts of machinery.

Mrs Ponsford, 21, had only been working at the defendant’s premises at The Lakes Glass Centre, Ulverston, for one year and has since left the company.

The court heard on the afternoon of 20 February 2015, she was using a ‘pillar drill’ to widen (or ream) the neck of a glass bottle. The chuck and reamer were unguarded.  Mrs Ponsford was wearing latex gloves while performing this task, however the glove on her right hand became entangled within the rotating parts of the reamer resulting in the middle finger of her hand being severed.

She underwent 10 hours of surgery to reattach the finger but unfortunately she was later told the operation had not been successful and had to undergo a further operation in March 2015 to have the finger surgically amputated to below the second knuckle.

HSE told the court the incident could have been prevented if a suitable and sufficient risk assessment had taken place with regard to the drill and practicable control measures to prevent access to dangerous parts of machinery had been in place.

Greatdale Limited (trading as Cumbria Crystal) of The Lakes Glass Centre, Oubas Hill, Ulverston, Cumbria, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £15,000.

After the hearing HSE inspector Leona Cameron said: “This incident could have been prevented simply by providing guarding to prevent access to dangerous parts of the machine.

“The need to guard dangerous parts of machinery is well known with established industry guidance available, and in this case, the result of that guidance being ignored is a serious injury to a young woman.”

Source: www.hse.gov.uk