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0912BRN
Brunswicks Regulatory News December 2009

Centrewest London Buses fined £400,000 The HSE has prosecuted Centrewest London Buses Ltd - part of the First Group - for safety failings leading to an employee being crushed at a bus garage in Uxbridge, Hillingdon on 18 May 2004. The company pleaded guilty to breaching s 2(1) HSWA. The court heard that Robert Cherry, 59, from Ruislip, was preparing one of the buses at the station in Uxbridge Bus Garage in Bakers Court. As he stepped in between two parked buses, the front bus lurched backwards, crushing him against the rear, stationary vehicle. He died at the scene. The HSE investigation showed that traffic management at the garage was poor, particularly when buses left the garage at the start of the working day. The garage had originally been designed to hold 65 buses, but at the time of Mr Cherry's death it was the base for 119 vehicles. The garage was not well lit and drivers carrying out checks were forced to walk between closely parked buses that were manoeuvring to leave the garage. The bus that struck Mr Cherry also had a defective gear selector that may have meant it was in a different gear to that indicated in the driver's cab. Checks carried out on similar buses after Mr Cherry's death revealed that four others based at Uxbridge had similar problems. A check at the company's other garages in London showed that 10 out of 60 buses were significantly faulty and a further 30 per cent suffered from more minor faults. HSE inspector, Bill Hazleton said: "Robert Cherry died because his employer did not do enough to ensure his safety or that of his colleagues. He was a much loved family member who was killed while going about his daily work. Like so many workplace accidents, this one was entirely preventable and should never have happened. The company's traffic management system was poor and its processes for maintaining vehicles and for identifying and repairing defects were inadequate." Sellafield Ltd fined £75,000 after radioactive contamination Sellafield Ltd has been fined £75,000 after pleading guilty to breaches of health and safety law after two contractors inhaled radioactive contamination. The prosecution follows an investigationinto an incident on 11 July 2007 at Sellafield Nuclear Licensed Site in Cumbria. Sellafield Ltd pleaded guilty to breaching s3(1) HSWA. The company was fined £75,000 and ordered to pay costs of £26,100 at Carlisle Crown Court. The incident happened while removing radioactive contamination from an area of concrete floor in a room formerly used to sort and monitor material contaminated with plutonium. A patch of concrete floor - believed to be contaminated with radiation from spillage some years ago - was being drilled prior to being removed. Two contractors were drilling an area of the floor, under Sellafield Ltd's supervision, when they were contaminated with plutonium by the dust produced from the drilling, some of which they inhaled. There was no immediate impact on their health, but they received a significant radiation dose below annual dose limits. The two workers were monitored, undressed and removed from the enclosure. One contractor had widespread contamination on his PVC suit and while he was undressing two radiation air monitors outside the enclosed area were triggered. The enclosure was later found to be heavily contaminated. Mark Bassett, HSE's Superintending Nuclear Inspector, said: "Although the radiation doses in this case were below the statutory dose limits, they could potentially have been higher. They should have been zero. The incident highlights the importance of Sellafield Ltd following its own arrangements for protecting workers, when undertaking potentially hazardous work with the risk of exposure to radiation. Sellafield Ltd should have properly assessed those risks, and then appropriately planned, organised and carried out the work. "We are satisfied that Sellafield Ltd is taking the appropriate measures to improve both its arrangements and to ensure they are carried out properly. We will continue to monitor closely to ensure that these are implemented." Fuel terminal operator fined £50k after petrol spill in Essex The operator of an Essex-based fuel storage terminal has been fined £50,000 after a large and dangerous pool of petrol leaked from a road tanker while it was loading. An HSE investigation found that the road tanker overflowed in July 2007 when a shut-off valve failed. The valve at the West Thurrock terminal was blocked by debris, preventing it from closing so a large pool of petrol formed, putting the safety of both terminal workers and tanker drivers at risk. The terminal operator, Vopak London Terminal BV Limited, did not adequately assess and prevent the risk created by the valve failure and failed to appropriately manage the risks created by the leak. The company, based in Oliver Road, West Thurrock, appeared at Basildon Crown Court today (22 December) and admitted breaching Regulation 4 of the Control of Major Accident Hazards Regulations 1999. It was also ordered to pay £19,136 in costs. HSE Inspector John Hawkins said: "This could so easily have been a very serious incident. Gasoline is an extremely flammable material, with a flashpoint of -40 degrees Celsius, and if ignited many lives could have been lost. Vopak London Terminal BV Limited failed to take all the necessary measures required to prevent this incident and failed to control the spill once it had occurred. It even failed to follow its own written procedures for handling such an occurrence. This case should serve as a warning to all operators of petrochemical storage sites - where there are serious failings to manage health and safety HSE will not hesitate to prosecute." Vopak London Terminal BV Limited admitted breaching Regulation 4 of the Control of Major Accident Hazards Regulations 1999 by: • Failing to provide suitable and sufficient controls to prevent a gasoline spill • Failing to undertake a suitable and sufficient risk assessment for large gasoline spills • Failing to provide and manage an adequate emergency shutdown procedure • Failing to provide suitable and sufficient controls to prevent a discharge of static electricity • Failing to provide suitable and sufficient training and information regarding gasoline spill hazards to tanker drivers. Ed:Regulation 4 of the Control of Major Accident Hazards Regulations 1999 states: "Every operator shall take all measures necessary to prevent major accidents and limit their consequences to persons and the environment." Costs of health and safety investigations into COMAH licence holders are bourne by the licensee until summons are laid, then any future costs are decided by the court. Oldbury employer fined after worker fell through roof The HSE has prosecuted Ian Brian Griffiths, 41, of Theodore Close, Oldbury. He pleaded guilty to breaching Regulation 4(1)(c) and 6(3) of the Work at Height Regulations 2005 and to breaching section 3(2) HSWA at Birmingham Magistrates Court after one of his workers fell 26 feet through a roof onto a concrete floor, breaking several bones. He was fined £3,500 and ordered to pay £1,408 costs. The court heard that Craig Thomas and Paul Leggett, 28 were working on the roof of industrial units at Camelot Way in Small Heath, Birmingham on 8 October 2008. They were employed as subcontractors by Mr Griffiths, who had been contracted to repair the building. Whilst Mr Leggett was on the roof, he lost his balance on a crawling board and fell through the roof. He suffered a broken leg, ankle, wrist and nose in the fall. HSE inspector Mike Ford, said: "Mr Leggett was lucky to survive falling 26 feet through the roof, landing on the concrete floor below. The equipment provided to these men and the system of work used was completely inadequate. The precautions taken to ensure their safety fell far short of what is acceptable. Working at height remains a major cause of death and injury at work in Great Britain. Employers must ensure the correct precautions are taken and the right equipment is used." During the investigation by the (HSE) it also emerged that Mr Thomas had not received adequate training to carry out the job, putting him in danger. Courier’s fined £35,000 after worker is thrown from vehicle Tuffnells Parcels Express Ltd, of Shepcote Lane, Sheffield, South Yorkshire has been fined £35,000 also ordered to pay £5,134 in costs at Bedfordshire Magistrates' Court after it admitted breaching s2(1) HSWA. The incident happened at around 7.30am on 18 March 2008, when porter Michael Tierney (53) was nearing the end of his night shift at the company's depot in Cherrycourt Way, Leighton Buzzard. Mr Tierney's job involved unloading the HGVs that brought parcels to the distribution centre, sorting the parcels ready for local delivery and then loading them onto the firm's smaller delivery lorries. The incoming and outgoing vehicles were reverse parked in loading bays, connected to the sorting centre by manual loading ramps. The court heard that Mr Tierney, from Leighton Buzzard, was still in the back of one of the smaller lorries when the driver unexpectedly pulled away from the loading dock. He fell from the rear of the vehicle, from a height of about four feet, and fractured his thigh bone when he landed on the ground. Tuffnells Parcels Express Ltd has more than 600 vehicles and 25 depots in the UK. HSE Inspector Graham Tompkins said: "Mr Tierney suffered a serious break to his leg in this incident which should never have happened. Tuffnells was aware that someone could be inside the back of a vehicle when it drove off and had produced a risk assessment to be issued to new drivers with their employment contracts. However in this case the driver had not received a contract and had not seen the risk assessment. There had been several other similar incidents at the depot, including one under investigation at the time of Mr Tierney's injury. On that occasion an Improvement Notice had been issued, ordering the company to review its arrangements for the control of the risks associated with vehicle movements. Reasonable practical measures the company could have put in place would have included a simple control system to prevent the driver from pulling away from the loading bay, such as a key cabinet with restricted access or giving the keys to the porter until loading was complete." HSE publishes offshore health and safety stats for 2008/09 Full and finalised offshore health and safety statistics for 2008/09 are now available on the HSE’s website. The detailed report follows the release of 'headline' statistics in August and contains figures on injury, ill-health and dangerous occurrences, including hydrocarbon releases, between 1 April 2008 and 31 March 2009. No workers were killed while working offshore during 2008/09 - the second consecutive year with no fatalities - and there was a fall in major injuries with 30 reported, a fall of 14 compared with 2007/08 figures. The combined fatal and major injury rate reduced to 106 per 100,000 workers in 2008/09 compared with 156 in 2007/08 and 146 in 2006/07. The highest number of injuries occurred during maintenance and construction work. The number of major and significant hydrocarbon releases, regarded as potential precursors to a major incident, also showed marked improvement with 61 in 2008/09 compared with 74 in 2007/08. In 2008/09 there was a small fall in the three-day injury rate with 496 workers per 100,000 reporting an injury, bucking the broadly flat trend over the previous seven years. Said Steve Walker, HSE's head of offshore: "Though these figures suggest the sector is getting safer, with both the combined fatal and major injury rate and major hydrocarbon releases at their lowest since HSE began regulating the industry, they cannot be taken in isolation. The tragic loss on 1 April 2009 of 17 workers in two separate air transport and maritime incidents - areas not regulated by HSE - is a stark reminder of the hazards of working offshore and the need to ensure they are carefully managed. "However, while continuing to work to minimise the potential for large-scale incidents, the offshore industry must not forget the risks to workers from every day activities such as lifting and carrying and maintenance work which were responsible for the vast majority of all offshore injuries during 2008/09." The offshore injury, ill health and incident statistics report 2008/09 can be downloaded free from the HSE website at www.hse.gov.uk/offshore/statistics.htm Martin and Nathan Winter and Alpha Fireworks Ltd. Sarah Jane Gallagher, Chief Crown Prosecutor for the CPS made the following statement after the sentencing of Martin and Nathan Winter at Lewes Crown Court . She said: "This is a tragic case where two fire crew died in what was described as a mass explosion, while doing their duty putting out a fire that started at the Alpha Fireworks factory in Sussex and spread to surrounding buildings. "Martin Winter and his son Nathan, the factory owners, were experts in handling and storing everyday fireworks. They knew that fireworks should be treated as explosives and they knew they had a duty to take reasonable care to protect the public. This responsibility is recognised by the law. "The jury decided that both defendants breached that duty of care; they were fully aware of the legislation and the different hazard classifications given to fireworks. They knew that storing certain fireworks with others in a metal container posed a high risk of mass explosion. This is exactly what happened on the 3rd of December 2006. "Geoff Wicker and Brian Wembridge were killed by the effect of that explosion and about 20 others, mostly fire and police officers, were injured." The jury found Martin and Nathan Winter guilty of gross negligence manslaughter. Sarah Jane Gallagher continued said: " It appeared that both these men were prepared to risk their own safety, hoping there would not be any incidents. But by taking this risk, their failure to take reasonable care resulted in the death of two fire crew and that conduct is described as criminal. "As a result of three years of prosecution teamwork the jury has been satisfied that what happened on the 3rd December 2006 should not be regarded as simply an accident: those tragic events arose from criminal behaviour by the defendants. " We would like to thank all the witnesses who gave evidence in this case and our thoughts go to the families of the victims and their colleagues." Neil Morton, Chief Inspector of explosives at the HSE said: "This case is a stark reminder of the terrible consequences of not following the correct procedures when handling hazardous material. If Alpha fireworks had handled and stored the fireworks correctly, the fire and subsequent explosion would not have happened." Company fined after man loses leg The HSE has prosecuted Donald Ward Ltd of Woodville near Burton-on-Trent, who were fined £10,000 with a £15 victim surcharge and ordered to pay £1,572 costs at Southern Derbyshire Magistrates Court today after a worker had to have his leg amputated. The company pleaded guilty to breaching s3(1) HSWA for failing to ensure that people visiting their site at Griffon Road, Ilkeston were not exposed to health and safety risks. The case was brought as a result of an incident on 16 January 2008, after a man was seriously injured. He was visiting the Donald Ward recycling plant and a pile of scrap metal suddenly moved, knocking a steel girder onto his legs. After the incident, the man had to have his left leg amputated below the knee and he also sustained serious injuries to his right leg. HSE Inspector Andrew Turner said: "Companies and individuals have duties to ensure that hazards created by their work activities are managed such that they do not put the health or safety of employees, or others, at risk. "This case is a graphic example of what can go wrong when these duties are not rigorously managed and it is tragic that because of the failings outlined in Court today a young man has been so seriously injured." Contractor fined £750 after man dies A contractor has been fined after a labourer drowned while building an extension at a domestic property in Wembley, Brent. Chris Byrne, of Christchurch Avenue in Brent, was found guilty to breaching Regulation 5(2) of the Construction (Health, Safety and Welfare) Regulations 1996. He was fined £750 and ordered to pay costs of £750 at Westminster Magistrates' Court. The court heard that on 30 June 2006, the 21 year old labourer from Harrow, started work extending a house in Charterhouse Avenue, in Wembley. He was working for Mr Byrne, who was contracted to build an extension to the property. The labourer had limited knowledge of English. On his first day he was instructed by Mr Byrne to fill earth around the concrete blocks, in an area next to the extension. Mr Byrne removed a board covering a 1.74 metre excavation pit to show him that it was filled with water. Mr Byrne then left him alone on the site, leaving the excavation pit unguarded. Later that day, when Mr Byrne returned, he found the labourer head first in the pit with water up to his waist. He was pronounced dead at the scene. HSE Inspector, Monica Babb, said: "The labourer had little experience and was left alone with a excavation pit that wasn't properly guarded. His death was clearly avoidable as the risks of excavations and falling from height is well known. Those running construction sites, whether they are domestic or commercial jobs, have a duty of care to supervise vulnerable workers on their sites." M6 death prompts £65,000 fine for roadworks company Cumbrian Industrials Ltd has been fined £65,000 after a motorist was killed on the M6 in Lancashire. They were prosecuted by the HSE and appeared before Preston Crown Court. Graham Campbell died after hitting an unlit contractor's vehicle parked on the hard shoulder of the M6, just past junction 35 near Carnforth. He was travelling north on the motorway at approximately 11.30pm on 8 May 2004. Cumbrian Industrials, of The Ridge, Chipping Sodbury, Bristol, pleaded guilty to breaching s 3(1) HSWA for failing to ensure the safety of the public. The company was also ordered to pay £50,000 costs. The court heard that Cumbrian Industrials was guilty of several failings. Inconsistency in the positioning of the traffic cones, between the hard shoulder and lane one, caused uncertainty to motorists about whether the hard shoulder should be used. Cumbrian Industrials also failed to provide detailed drawings for a change in the layout of the traffic cones, after the original plans were altered. And the cones were not moved back into place after the white line between lanes one and two had been repainted. Joy Jones, HSE's Principal Inspector for traffic management, said: "Everyone involved in roadworks should learn from this tragedy and consider whether they are doing enough to prevent deaths and injuries. Roadworks always need to be managed with great care to ensure the safety of both construction workers and road users. There should be clear signing and a consistent use of traffic cones. "Motorway roadworks can be very dangerous places for both workers and the travelling public unless a high degree of control is maintained, and Cumbrian Industrials was legally required to make sure this was the case. The company should have carefully planned and co-ordinated the work of its subcontractors. A new route through the roadworks should not have been opened until the carriageway was clear of obstructions and the correct signs and cones were in place. Ed - Over the past seven years, 11 members of the public have lost their lives in incidents relating to the construction and maintenance of roads, airfields and sports facilities. Company fined £7,500 after worker injured Ravendale Foods Limited, of Leadgate Industrial Estate, Lope Hill Road, Consett, has been fined a total of £7,500 and ordered to pay costs of £2,865.20 at Consett Magistrates' Court. The company pleaded guilty to breaching s2(1) HSWA On 25 October 2008 a worker was working at the company's premises in Consett. As he attempted to clear away meat from the opening of a mixer onto a conveyor, his left hand came into contact with the rotating paddles. The index and middle fingers of his left hand were amputated. After the case, HSE Inspector Cain Mitchell said: "This incident could have easily been prevented if Ravendale Foods Ltd had identified the risks from using the machine, ensured suitable guarding was in place on the machine and that staff were properly trained in how to use it. "Although this young man underwent surgery to re-attach one of his two fingers, he has only recently gone back to work and is still unable to do his normal job. "He was working as part of a makeshift overtime team and was not doing his normal full-time job. He had not received any training in how to operate the mixer machine." The company has since fitted an extended guard which prevents access to the paddles. Tarmac fined Tarmac Limited has been fined £10,000 after a teenage trespasser was seriously injured in Bridgend last year. The HSE prosecuted Tarmac - the owners of Cornelly Quarry - after a 15-year-old boy gained access to the site and fell around 50ft. He suffered a broken elbow, fractured wrist and chipped pelvis when he fell in May 2008. The incident led to Tarmac Ltd pleading guilty today to a breach of reg 16 Quarries Regulations 1999 at Cardiff Crown Court. They were fined £10,000 with costs of £6,930.85 . HSE's investigation revealed that a dense, impenetrable hedge running between the boundary of Cornelly Quarry and Heol y Splot had been removed in preparation for expansion of the quarry, but, because work had been delayed, it had been temporarily replaced by two lines of earth banks. which the injured youth, along with others, had easily been able to climb. HSE Inspector Alan Strawbridge said: "The youth clearly should not have been trespassing in the first place, but quarry owners are more than aware of the dangers posed by their sites, and have a duty to take reasonable precautions to prevent trespassers gaining access. "In this case, the earth banks were not sufficient, and while they were only temporary, there should have been more robust measures in place. "There are some clear messages arising from this case. Quarry owners and managers need to fully risk assess the dangers of their sites and proper measures to manage those risks. "Additionally, there is a message to the public that quarries are not leisure amenities and trespassing can result in serious injury. In this case the boy was lucky as a 50ft fall would usually result in more serious injuries and potentially prove fatal." Wednesbury firm fined for health and safety offences KTC (Edibles) Ltd has been fined by West Bromwich magistrates for health and safety breaches and failing to promptly report an injury. The company pleaded guilty to breaching s2(1) HSWA and reg 3(2) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 following a number of offences at its Moorcroft Drive premises. It was fined a total of £12,500 and ordered to pay £2,388 costs. The court heard how an employee of the company, Noshad Ali, was injured when a mezzanine floor collapsed, trapping him between 1,000kg bags of rice and beans. The incident occurred in February 2008 but was only reported eight months later during HSE's investigation into other health and safety concerns. HSE was first informed of the floor collapse by a Local Authority environmental health officer. A HSE inspector went to the site and was informed no one had been working in the vicinity or had been injured. Nevertheless, the inspector provided the company with advice on how to install edge protection about the hole left by the collapse. Later in the year edge protection was still not in place and HSE served the company with a prohibition notice, to stop people working near the unprotected edge. During this visit the inspector identified other breaches of health and safety regulations, including a person being carried by a forklift truck in a homemade cage and a lorry colliding with a building, narrowly missing a person. HSE inspector Gardabil Singh Tiwana said: "This company showed scant regard for health and safety practice, putting their employees at risk of serious injury, if not death. "The company lacked leadership and competence in applying the duty placed on them for the health and safety of their employees and it's lucky no one has died. Good health and safety not only protects your workers but is good for business. "The management of KTC Edibles Ltd had ample opportunity to report the incident to the visiting authorities." Ed reg 3(2) RIDDOR states: "Where a person at work is incapacitated for work… for more than three consecutive days...because of an injury resulting from an accident arising out of or in connection with work, the responsible person shall as soon as practicable and, in any event, within 10 days of the accident send a report thereof to the relevant enforcing authority..." Organic company fined £65,000 after crush death Daylesford Organic Farms Limited based at Daylesford Hill Farm near Moreton in Marsh, Gloucestershire but registered in Mondovia, Liberia was charged with breaching s2(1) HSWA following the death of employee Anthony Cripps, , on 5 June 2007. Mr Cripps was employed as a market gardener by the company and was involved in the collection of elderflowers from hedgerows growing around the farm. He and a colleague were being carried in the bucket of an agricultural telehandler that also had been used as their work platform earlier in the day. As they travelled across the field, Mr Cripps fell backwards, out of the bucket, and fell under the offside wheels of the telehandler. He was fatally crushed and died at the scene. Daylesford Organic Foods Limited was fined £65,000 and ordered to pay costs of £27,500 at Gloucester Crown Court. Speaking after the hearing, HSEP Inspector, Caroline Bird, said: "This tragic incident highlights the dangers of lifting and carrying people in the buckets of telehandlers. However short the distance or convenient the use, the buckets of telescopic handlers should never be used as a means of travel, or as a work platform. Only properly constructed and compatible working platforms meet health and safety standards. "Sadly, a relaxed safety culture at this particular farm had meant that the practice of using telehandler buckets as work platforms had become an acceptable practice despite the obvious risks. Consequently, the use of the bucket for collecting elderflower was not exceptional, but tragically for Anthony Cripps, it proved fatal." Catalogue of safety breaches leads to prosecution Flitwick firm Colpac Ltd and two of its directors - Terry Langton, of Huntsmead, Northampton, and Stephen Burton, of Kempston, Bedford – have been prosecuted by the HSE after an investigation into a worker's injury exposed a series of health and safety breaches. The offences came to light when a worker at the food packaging printing factory was injured trying to release a blockage in a machine. Sandra Aka, from Bedford, tried to retrieve a carton which was stuck in a window patching machine when her arm was caught between two rollers. Miss Aka, who was 20 at the time of the incident on 14 August 2008, suffered bruising and cuts to her left arm. A HSE investigation into the incident found that Colpac had failed to provide Miss Aka with adequate training to use the machine. Inspectors also uncovered a series of other safety failings, including electrical safety, machinery isolation, manual handling and machinery guard checks. Five prohibition notices were served ordering the company to stop some activities until risks to workers had been addressed. Four further improvement notices were later issued requiring Colpac to tackle less pressing safety matters. Colpac admitted two health and safety charges at Bedford and Mid Bedfordshire Magistrates' Court. The company was fined £17,000 for breaching s2(1) HSWA and fined £3,000 for breaching reg 11 PUWER, and ordered to pay £5,129 costs. Operations director Terry Langton admitted the companies breaching of s2(1) HSWA was attributable to him by virtue of Section 37(1) and was fined £3,000. Manager Steve Burton admitted breaching s7 HSWA and was fined £800. HSE Inspector Emma Rowlands said: "What happened to Miss Aka was a serious incident in its own right. But for a company to face nine improvement or prohibition notices shows a complete disregard for workers' safety and welfare. We make no apology for intervening and ordering urgent action to be taken - these steps needed to be made quickly before somebody else was seriously injured or, worse still, killed.” Ed: Section 2(1) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees." Section 7 of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with." Section 37(1) of the Health and Safety at Work etc Act 1974 states: "Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly." Regulation 11 of the Provision and Use of Work Equipment Regulations (PUWER) 1998 states: "Every employer shall ensure that measures are taken which are effective - (a) to prevent access to any dangerous part of machinery or to any rotating stock bar; or (b) to stop the movement of any dangerous part of machinery or rotating stock bar before any part of a person enters a danger zone." Food company fined after worker's fingertip was severed The HSE has prosecuted Noon Products Ltd, based in Thorpe Lea Road, Egham, Surrey. The company pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974. It was fined £20,000 and ordered to pay costs of £5,491 at the City of London Magistrates' Court. The court heard that on 17 February 2007, a worker was asked to repair a dough divider machine at the company's Collett Way premises in Southall. The employee had removed a guard and was cleaning the middle part of the machine with a screw driver and an air gun. As he put his right hand into the enclosed space, a dangerous part of the machine servered the tip of his right index finger. The HSE investigation found that the machine was in a poor state of repair and crucial safety devices were broken or had been removed. In particular, the display screen which provided safety information to the operator was illegible and critical safety switches were disconnected. The company had already been served with an Improvement Notice for a separate incident, which should have alerted them to proper maintenance systems throughout the general workplace. HSE Inspector, Neil Fry said: "This worker suffered serious injuries because Noon Products Limited failed to protect its workers from harm. The company had a poor health and safety record at the time of the incident. "This case stresses the need for employers to have safe systems of work in place so that guards and crucial safety devices are working properly to ensure that maintenance on dangerous machinery can be carried out safely." Following the incident, Noon Products Ltd successfully undertook a collaborative project with HSE aimed at introducing a good health and safety management system and addressing cultural attitudes to health and safety within the organisation. These new management systems have had a positive effect throughout the workplace. Development company fined £5,500 for asbestos breaches Stonehouse Design and Build Limited, based in Houndiscombe Road, Mutley, Plymouth, Devon, has been charged with health and safety breaches under the Control of Asbestos at Work Regulations 2002, following renovation work at the former Sharksfin Hotel at The Quay in Mevagissey, Cornwall, between December 2005 and July 2006. The company was charged with breaching reg 15 (relating to the spread of asbestos) and reg 16 (1) (a) (relating to the failure to keep the site clean). Having pleaded guilty to both charges, Stonehouse Design and Build Ltd was fined £2,700 for the each of the breaches then ordered to pay costs of £8,267 at Bodmin Magistrates Courts. Stonehouse Design and Build Limited bought the former hotel site in order to convert the building into apartments. During the course of the renovation work, asbestos was disturbed and HSE was notified in confidence that the hazardous material was not being removed under appropriate controlled conditions. This included the illegal disposal of asbestos materials alongside general waste, designated for general landfill waste. Work at the site was halted by HSE inspectors in July 2009 and the asbestos was removed under licensed conditions then the site decontaminated by a specialist team. Speaking after the hearing, HSE Inspector, Martin Lee, said: "We have just been running an asbestos awareness campaign called 'The Hidden Killer' precisely to highlight the dangers of this potentially lethal material to tradesmen such as those working at the former Sharksfin Hotel site. The dangers of exposure to asbestos cannot be underestimated. In Cornwall alone, 250 men died from mesothelioma caused by asbestos between 1981 and 2005 (latest figures available). This figure will continue to rise unless we can educate tradesmen about the dangers of asbestos and why this is relevant to them. "We want them to change the way they work so that they don't put their lives at risk. The most simple, but important advice is, if any worker or developer is not 100 per cent certain that there is no asbestos on site, then work should not begin before the facts are known. It is not worth the long-term risk." Veolia fined £150,000 after major Preston chemical fire The HSE has prosecuted Veolia ES Cleanaway (UK) Ltd after carrying out a joint 15-month investigation with the Environment Agency and Lancashire Fire and Rescue Service. Sections of the M6 and M55 were shut for several hours during the morning commute on 2 July 2007 while 66 firefighters tackled the blaze at the Red Scar Industrial Estate on Longridge Road in Preston. The Veolia ES Cleanaway (UK) site after the incident Veolia, which has its headquarters on Pentonville Road in North London, pleaded guilty to two offences at Preston Crown Court on 9 December. As well as the fine, the company was ordered to pay costs of £90,000. The court heard that the fire started just after 6am in an open area of the site, which is used to store drums of chemicals. Firefighters reported seeing drums rocketing into the air and off the site after setting alight. Emergency services closed the industrial estate and sections of the M6 and M55 while they tackled the blaze, due to fears that smoke and fumes would travel if the wind changed direction. The fire was extinguished by mid-afternoon after more than 132,000 litres of chemicals were set alight. HSE inspectors believe it was caused by lithium batteries igniting nearby waste materials. Linda Murray, HSE Principal Inspector for Lancashire, said: "Our investigation showed that Veolia didn't do enough to make sure that the dangerous chemicals on its site in Preston were stored safely. The company also failed to provide adequate training for its staff. "Any businesses that have flammable substances on their premises need to take appropriate measures to minimise the risk of fires or explosions. Veolia clearly could and should have done more. "The fire at the waste site put lives in danger and caused gridlock on local roads. I hope this case will make businesses think seriously about what they need to do to prevent fires in the future." Lancashire Fire and Rescue Service issued three Enforcement Notices following the incident covering breaches of fire prevention regulations. HSE also issued an Improvement Notice requiring the revision and rewriting of site operating procedures. Veolia was charged with breaching Regulations 6(3) and 9(1) of the Dangerous Substances and Explosive Atmospheres Regulations 2002 by failing to take appropriate measures to control the storage of dangerous substances, and by failing to provide suitable and sufficient information, instruction and training for its employees. Ed- Regulations 6(3) of the Dangerous Substances and Explosive Atmospheres Regulations 2002 states: "Where it is not reasonably practicable to eliminate risk...the employer shall, so far as is reasonably practicable, apply measures, consistent with the risk assessment and appropriate to the nature of the activity or operation to control risks...and to mitigate the detrimental effects of a fire or explosion or the other harmful physical effects arising from dangerous substances" Regulations 9(1) of the Dangerous Substances and Explosive Atmospheres Regulations 2002 states: "Where a dangerous substance is present at the workplace, the employer shall provide his employees with suitable and sufficient information, instruction and training on the appropriate precautions and actions to be taken by the employee in order to safeguard himself and other employees at the workplace" Company fined for asbestos failings Waxport Ltd of Mottingham Road, Edmonton, London pleaded guilty to breaches of Regulation 4(8) and 4(9) of the Control of Asbestos Regulations 2006 at Merthyr Tydfil Magistrates' Court. They were fined £1,000 and ordered to pay costs of £8,416.43. The company, which owned Oldway House, an office block in the centre of Merthyr Tydfil, had previously been issued with advice from a licensed asbestos contractor advising them complete an asbestos survey before carrying out major refurbishment work in the building in April 2007. Waxport Ltd commissioned another company to carry out the refurbishment work, and advised them that asbestos was no longer present or had been encapsulated in the building. As a result, work commenced and asbestos was disturbed with work only stopping when a site worker identified the substance. HSE Inspector, Dean Baker, said: "The dangers of asbestos are very well known, but Waxport Ltd failed to carry out a proper risk assessment putting their own staff, contractors and other people working in the building at risk of being exposed to airborne fibres. "The company were required to have a comprehensive asbestos management plan in place identifying where asbestos was located but they failed to do this. In this case, an asbestos survey was only carried out after the incident occurred. "Working on or near damaged asbestos-containing materials or breathing in high levels of asbestos fibres, which may be many hundreds of times that of environmental levels could increase workers' chances of getting an asbestos-related disease." Housing society fined £50,000 after boiler explosion fatality The HSE has prosecuted a housing society and a plumber following a boiler explosion that killed a tenant. Severn Vale Housing Society Limited, of Tewkesbury, Gloucestershire, and Matthew Lee, of Mendip Close, Cheltenham, Gloucestershire were charged with breaches under s3 (1) and 3(2) HSWA respectively. Prosecution proceedings were started after Christine Goodall, 65, was killed at her home in Nut Orchard End, Twyning, Gloucestershire, on 11 November 2007 when an incorrectly decommissioned boiler exploded. The house in Nut Orchard End, Twyning after the explosion Severn Vale Housing Society Limited, was fined £50,000 for the above charge and ordered to pay costs of £7,500 Matthew Lee, a self-employed plumber hired by the housing society to decommission the boiler, was fined £7,500 and ordered to pay costs of £1,500 plus £15 x2 victim surcharge, at Gloucester Crown Court. The fatal incident occurred when tenant Christine Goodall lit a fire for the first time since the back boiler had been decommissioned in 1999. The decommissioning work was not properly carried out as the back boiler had not been fully drained but had been left in a sealed condition. When Mrs Goodall lit a fire, the residual water in the back boiler was heated, generating steam and building up pressure leading to the explosion of the back boiler. These types of back boilers, which sat behind open fires, were commonly installed in both private and public housing in the past when coal was a major form of heating. There are still some properties which have such back boilers in situ, although many have been replaced or decommissioned by councils, housing associations and private homeowners over the years. Speaking after the hearing, HSE Inspector, Caroline Bird, said: The house in Nut Orchard End, Twyning after the explosion "This tragic incident has led HSE to issue a safety alert for the attention of landlords, tenants, the plumbing/heating industry and homeowners, about the potential dangers of lighting a solid fuel fire when a redundant solid fuel back boiler has been left within the fireplace.” Property developer prosecuted for dangerous scaffolding Pullan Development (Selby) Ltd, of Broomhall Street in Sheffield, pleaded guilty to two breaches of the Work at Height Regulations 2005 in relation to poorly erected scaffolding at the Sheffield Ski Village construction site in Vale Road, Parkwood Springs. Sheffield Crown Court heard that during an inspection by HSE on 13 October 2008, people were seen working on scaffolding that was extremely unsafe and posed a risk of serious, if not fatal, injuries due to the manner in which it was constructed. Three months earlier HSE had inspected the same site and ordered all work to be stopped, due to health and safety failings, including problems with the scaffolding. The company was today fined £15,000 and ordered to pay £5,000 costs for breaching Regulation 8(a) and 8 (b) of the Work at Height Regulations 2005. Following the hearing HSE Inspector David Bradley commented: "This company had failed to heed previous health and safety advice which is extremely disappointing. The scaffolding was so dangerous that people should never have been allowed to use it. "Pullan Development (Selby) Ltd has received extensive advice from HSE going back several years. The company had also been served with 11 prohibition notices for failures to address health and safety issues on site. A recurring theme in this advice is the company's failure to address the risks to people working at height. "The risks of working at height, and the controls required to avert these risks, particularly with scaffolding, are well documented. Falls from height remain the largest cause of fatal and serious injuries in the construction industry. "We hope today's prosecution serves as a reminder to all companies using scaffolding that they need to ensure it is fit for purpose. Furthermore, HSE will not hesitate to prosecute, even when there has been no incident, should conditions on site be so poor to merit this." Kettering firm fined after man crushed to death by lorry A commercial vehicle repair centre in Kettering has been fined £40,000 and ordered to pay £25,000 costs after an employee was crushed to death underneath a 24-tonne lorry. FW Abbott Ltd pleaded guilty at Northampton Crown Court today (2 December) to health and safety breaches which led to the death of Martin John Carswell, 47, of Wellingborough. Mr Carswell was working underneath a 24-tonne road drain cleaning vehicle when the equipment supporting it collapsed. The Health and Safety Executive (HSE) successfully prosecuted the company, of Pytchley Road, Kettering. The employer breached s2(1) HSWA for failing to train employees in a safe system of work for raising and working beneath vehicles. The court was told that there were no health and safety systems in place to ensure that employees followed safe practices. On 9 June 2007 Mr Carswell was carrying out repairs to a four-axle, eight-wheel lorry. He used four hydraulic lifts to raise the vehicle up to around six feet but instead of putting them on the front and fourth axles as is common practice, he put them on the front and third axle. After raising the lorry, it is thought that Mr Carswell wanted to rotate the wheels on the third axle so he placed a single tall axle stand under the middle fourth axle. He then lowered the lifts so that the wheels on the third axle were able to rotate. It appears that as he went to adjust the brakes of the third axle, the vehicle wobbled and the axle stand collapsed. As it fell, the rear of the vehicle bounced into the hydraulic lifts, knocking them away from the wheels, allowing the lorry to fall on to Mr Carswell. The court heard that there were two axle stands available, but Mr Carswell had only used one. Each stand had a safe working load of 7.5 tonnes which, if used together, would have been adequate to support the rear of the vehicle, but the single stand used would have been massively overloaded. HSE inspector Neil Craig said: "This is an unfortunate and tragic incident. Martin Carswell was an experienced mechanic who had used this equipment on numerous occasions. We will never know why, on that day, he chose to support the rear of this vehicle on a single axle stand. "However, as this incident has shown, raising and working beneath these heavy vehicles can be very dangerous and the company should have completed a proper risk assessment and trained their employees in a safe system of work. Had they done so, Mr Carswell might have been more diligent in the way he went about raising and supporting this vehicle and this incident is far less likely to have occurred. Asbestos illegally deposited A Suffolk builder pleaded guilty at Ipswich Magistrates’ Court to the deposit of chrysotile asbestos and to the transfer of the waste asbestos without a consignment note. Edward Thomas Webster, who trades as Preservation in Action admitted to a breaching the Environmental Protection Act 1990 and the Hazardous Waste Regulations 2005. He was fined a total of £350 and ordered to pay £250 towards Environment Agency costs. In March this year two Environment Agency officers inspected Mr Webster’s yard at Hazels Lane, Thorington, Suffolk following reports that waste was being stored illegally. The officers found that the land was divided into three fields. All areas of the site contained pallets with materials for sale such as cleaned bricks, roof tiles, wood and old beams. Mrs Anne-Lise McDonald, prosecuting, told the court that in one of the fields the officers saw a large pile of asbestos roofing sheets. In another field the officers noted evidence that materials were being sorted for resale. They saw more asbestos roofing sheets lying in the undergrowth. On 11 March 2009 Nick Davis, an Environment Agency officer, returned to the site to take formal samples of the roofing sheets. Four samples were taken, two from each field, and all the samples were found to contain chrysotile asbestos. Mr Davis wrote to Webster confirming the samples contained chrysotile asbestos and requesting that the material was removed to a suitably licensed facility. Webster later produced paperwork to show that 4,260 kg of asbestos had been taken to a suitable landfill site on 30 April 2009. Mr Davis returned to the site on 7 May 2009 and saw the asbestos had been removed. Mrs McDonald told the court: “Whilst there was no evidence of direct impact to the environment, the waste had an impact on the visual amenity of the area”. She went on to say “Mr Webster deliberately brought the waste asbestos onto his land. However, it does not appear that the offending was deliberate.” The magistrates said that the fine and costs were limited by his ability to pay. High Court injunction for illegal waste site The Environment Agency has obtained a high court injunction against an illegal waste site at Long Meadow Farm, Brick House Lane, South Godstone. The injunction prevents the importation, disposal, treatment and deposit of waste at the site. The injunction follows two prosecutions and an investigation by the Environment Agency’s Environmental Crime and Environment Management teams. When illegal waste activities persisted following the prosecutions, the Environment Agency had no option but to seek an injunction. The injunction will act as a final order and any breach of the injunction could result in an immediate prison sentence for the guilty party. Two individuals are named in the injunction, Paul Andrew Taylor and Lisa Gail Taylor of Long Meadow Farm, Brick House Lane. It also includes “persons unknown” to prevent anyone else from carrying out illegal waste activities at the site. The Environment Agency’s investigation of the site followed reports from members of the public of the operation of an unlicenced waste transfer station where large quantities of waste were being deposited and treated in an uncontrolled manner. The Environment Agency uses its Environmental Crime Team to target serious, organised criminals who pollute the environment and undercut legitimate businesses. Harvey Bradshaw, Kent and East Sussex Area Manager for the Environment Agency said: “Illegal waste sites put the environment and human health at risk and undermine legitimate businesses. Prosecution is always a last resort. We do our best to work with people giving them the advice they need to ensure they operate within the law. There will always some people who are persistent offenders and determined to flout the law to their own ends. These are the exact people the Environment Agency’s Environmental Crime Team has been set up to investigate.” Tyre dump man sentenced A Huddersfield man is facing jail if he fails to clear tyres dumped on land in the town. Kyriacos Kyriacou has been sentenced to 6 months imprisonment, suspended for 12 months. Judge Jonathan Durham Hall QC told Kyriacou his “attitude left much to be desired” after hearing that about 1,000 tyres still remained on land at Huddersfield Road, and said he expected Kyriacou to clear the site at Honley within the next six weeks. Some 10,000 tyres had been stored at the site originally and the court heard Kyriacou had taken steps only in the past few weeks to begin clearing the land, despite being given seven months’ grace to do so by the court in April 2009. He had pleaded guilty at a hearing on 20 March 2009 to an offence of keeping the tyres without a waste management licence at Huddersfield Road, Honley, between 28 November 2007 and 30 May 2008. Kyriacou, 44, of Shelley Lane, Kirkburton, Huddersfield, was convicted at Bradford Crown Court in October 2007 after admitting the same offence, relating to the same site at Honley. On that occasion, he was fined £5,000 with £1,000 costs, after conceding that the tyres had been on site since at least 21 February 2007. On 29 November 2007 the Environment Agency served a notice on Kyriacou, requiring the tyres to be removed by 12 noon on 24 December 2007. However, five months later he had not moved any of the tyres and the subsequent investigation led to him being charged with the offence for which he was sentenced today. The court heard the tyres were kept on an unsecured site, less than 10 metres from the River Holme, which feeds into the River Colne, and were not stored on an impervious surface. As tyres are flammable, the judge was told they posed a significant pollution risk. Kyriacou had elected to be tried in the Crown Court but entered a guilty plea on his first Crown Court appearance on 20 March 2009. Howard Shaw, prosecuting counsel for the Environment Agency, told the judge Kyriacou’s lack of action to move the tyres after the first offence had led to the second prosecution. Alex Offer, in mitigation, told the court that Kyriacou had made “strenuous efforts” to clear the site but was heavily in debt. Judge Durham Hall QC said the Environment Agency had shown “remarkable patience and professional thoroughness” in pursuing Kyriacou and gathering the evidence to prosecute him. He ordered Kyriacou to pay full prosecution costs of £5,509.93. Waste company fined for dumping excavation waste Eden Grab Services Limited, of Hornchurch, Essex has pleaded guilty to seven charges of depositing waste at an unauthorised site. The company was fined £10,500 and ordered to pay £1000 prosecution costs to the Environment Agency, plus a £15 victim surcharge. Bromley Magistrates’ Court heard that Environment Agency staff visited The Showmans Ground on Layhams Road, Keston, on April 11 2008 and walked along a bridleway behind the residential plots. They noticed that the ground level behind plot 16 had been raised by more than two metres above the bridleway with soil mixed with rubble, brick and other construction materials. Environment officers later spoke to the owner of plot 16, who said she had bought the land behind her home about three years ago and hoped to keep her horses there. The owner had given permission for tipper lorries to access her land and allow deposits of ‘dirt’ but the transfer notes from Eden Grab Services indicated that it was muck-subsoil. The owner intended for the land to be used for stabling and horses. Environment officers later interviewed Paul Dorsett, of Eden Grab Services. He said someone at the Showmans Ground site had paid a nominal fee for around seven to 10 lorry loads of muck-subsoil to be deposited. During an interview under caution Mr Dorsett argued that the material was good quality, despite agreeing it was waste and the transfer notes showing otherwise. Environment Agency staff visited the construction site where the waste soil had been produced, at Eaton Terrace, Sloane Square, on 3 October 2008. They found that the sub-soil being excavated at the time contained rubble and demolition waste. It was classed as a controlled waste, which meant that it would not be fit for use as a soil unless it was treated further to remove the demolition material. This sub-soil should have been taken to an authorised site for testing and treatment so it could be re-used legitimately and without posing a risk to the environment. Environment officer Laura Dowsett said: “Illegal waste activities are common in this area and have seriously affected a large section of green belt land. We are working with the London Borough of Bromley, the Metropolitan Police and the Vehicle and Operator Services Agency to investigate illegal waste operations off Layhams Road.” Fined for failing to support recycling Dynamic Cassette International Ltd has been fined a total of £8,000 and ordered to pay costs of £2,058 after pleading guilty to not complying with packaging regulations. Under an European directive, member states are required to recycle and recover packaging waste. Companies with an annual turnover of more than £2 million and which handle more than 50 tonnes packaging a year have to register with the Environment Agency or join a scheme and pay a sum dependant on level of activity. Dynamic’s non-compliance with the regulations came to light during a routine audit by the Environment Agency which discovered that the company had not been registered for two years. The company pleaded guilty to not being registered with the Environment Agency or a compliance scheme under the regulations during 2007 and 2008. Mrs Anne-Lise McDonald told Boston magistrates that the aim of the packaging regulations is to make sure businesses take responsibility for the packaging used in their operations which in turn reduces the amount of packaging produced and the amount ending up in landfill. Businesses are not obliged to physically recover and recycle the packaging themselves, there are other companies which are paid to do the recycling on their behalf. Dynamic Cassette International Ltd of Marsh Lane Industrial Estate, Boston had avoided paying £2,562 during the years they were not registered. The court was told that the failure to join a scheme had been an oversight by an employee misinterpreting the rules. Over the past few years the company had installed new machinery to lessen the amount of packaging and ran a recycling computer cartridge scheme giving substantial amounts of money to charity from it. After the hearing Environment Agency officer Claire Parker said: ‘The money raised from compliance with this legislation goes directly into the recycling industry which means that more packaging waste can be recycled rather than ending up in landfill sites. Would you use a ladder like this? Ladder with bent rung Ladder with bent support Bent ladder Missing rungs and bent sides - these are just a small selection of the 'dodgy' ladders that have been surrendered so far under this year's 'ladder exchange'. The exchange, led by the Health and Safety Executive, closes its doors on 31 December, so time is running out for businesses to trade in their old, damaged or broken ladders for some new ones Run in conjunction with retailers, manufacturers and trade associations, the scheme offers businesses the chance to get their ladders checked and, where necessary, exchange them for new ones at a heavily discounted price. Peter Brown, HSE said:"We've had more than 900 ladders exchanged so far and we're keen for more businesses to make the most of the offer before the end of the month. If you take a chance with 'dodgy' ladders you are risking your life. "Every month more than 100 people fall off a ladder at work and suffer serious injuries. So many of these accidents are avoidable and having safe equipment makes a huge difference." The exchange discount can be up to 50 per cent off and ladders can be exchanged at any of the partner retail outlets. For more information please visit HSE website http://www.hse.gov.uk/falls/ladderexchange.htm The ladder exchange programme is one part of HSE's ongoing 'Shattered Lives' campaign which aims to reduce the number of fatal and major injuries each year that result from falling from a height. HSE has published a brief guide to the Work at Height Regulations 2005 at www.hse.gov.uk/pubns/indg401.pdf HSE has published the following guidance specifically for employers and workers who use ladders: Safe use of ladder and stepladders - an employers guide at www.hse.gov.uk/pubns/indg402.pdf Ban sweets at panto? Oh no we don't! The HSE are often blamed for spoiling people's fun around Yuletide by 'banning' many activities people enjoy but HSE is hitting back by saying in most cases the organisation has little to do with these decisions Among the seasonal myths being challenged this Christmas is the idea performers cannot throw sweets into the audience at pantomimes. The HSE says this kind of story raises its head annually and is typical of the misunderstandings that encourages the public to view HSE as a bunch of killjoys. It points out that often a health and safety myth is started by one person justifying an unpopular decision by wheeling out the well-worn phrase "it's because of 'health and safety" thereby ensuring another erroneous headline. HSE says so many of today's myths have started because organisations use health and safety as a convenient excuse not to take any risks as they are fearful about litigation by anyone hurt on their premises. Cameron Adam, Head of HSE's Entertainments and Leisure sector says that some organisations can be overly concerned about trivial risks. He said: "The chance of someone being seriously hurt from being hit by a sweet thrown by a panto actor is very low and not something we would get involved in, or indeed worry about. Real health and safety is about avoiding death, serious injury and ill health, not wasting time on trivial risks or covering your back by stopping activities. We want people to distinguish between the real health and safety issues that people face at work as opposed to the trivial. Get that right and as one immortal pantomime phrase goes...we're behind you!" 'Hidden Killer' asbestos campaign wins international award A campaign warning tradesmen about the dangers of asbestos has won a prestigious international award. The HSE’s 'hidden killer' campaign came top in the health category of the European Excellence Awards, held in Vienna, which honour outstanding achievements in public relations. The HSE worked with communications agency MS&L to devise the PR campaign which used a football analogy to raise awareness of the numbers of people still dying from asbestos exposure, with ex-England player and former plasterer, Ian Wright, brought on board to spearhead it.. The launch was covered by broadcast, print and online media, including the BBC Radio 4 Today programme and GMTV. By the end of the campaign, HSE had seen a 100 per cent increase in calls to Infoline line and a six-fold increase in page requests on the campaign microsite. Steve Coldrick, HSE's asbestos programme director said: "Asbestos remains Britain's biggest workplace killer, but with the perception that it is largely a risk of the past we needed a hard-hitting PR campaign that would capture the imagination of tradesmen, particularly young ones. Using Ian Wright, a former tradesman, ticked all the boxes for us and delivered great results. We're pleased that our approach has been recognised and commended by experts in the communications industry. The award is a testament to the good working relationship between HSE's communications and asbestos programme teams and MSL" The second phase of the campaign has just come to an end with early indications of success. More than 4000 calls were made to Infoline during November and there were around 200 items of regional coverage. For more information visit www.hse.gov.uk/hiddenkiller 2009 pesticide residue figures released The Pesticide Residues Committee today published its second quarterly report in 2009. The report found that the majority of foods had no detectable residues and those that did contain pesticides were not likely to be harmful to health. Tests found that 490 out of 933 samples of 22 different foods tested had no detectable residues. Also, 431 samples contained levels below the maximum residue level (MRL) - the legally permitted amount. Chairman of the committee Dr Ian Brown said: "The majority of food sampled either does not contain detectable residues, or where residues are found, they are in accordance with legal limits. The committee has looked carefully at all of the residues above the MRL and we are satisfied that all the results are unlikely to be of concern for consumer health. The results show 12 samples (1.29% of samples covered by the report) contained residues above the legal levels. We have looked carefully at the findings and concluded that in all cases the residues found were unlikely to have resulted in any health effects for consumers. "These results should reassure consumers that the food they eat continues to be safe. I can understand that some people have concerns about pesticide residues in their food, but as a doctor I cannot over-emphasise the importance of continuing to eat at least five portions of fruit and vegetables a day. Scientific evidence shows that the health benefits far outweigh any concerns about pesticide residues." School fruit and vegetables tested for pesticide residues The Pesticide Residues Committee (PRC) has published findings from the Department of Health's School Fruit and Vegetable Scheme for Summer Term 2009. The third report for the school year 2008/9 found that the fruit and vegetables supplied to schools met legal standards with regard to pesticide residues levels and that the presence of residues would be unlikely to have any effect on those who ate the food. The report contained the results for apple, banana, carrot, pear and soft citrus fruits. The School Fruit and Vegetable Scheme supplies a wide range of fruit and vegetables to primary school children. Residues found are within European legal levels and the committee has looked carefully at the results and are satisfied in all cases the presence of the residues is unlikely to have an effect on health. Chairman of the PRC, Dr Ian Brown, said: "These results should provide reassurance that the food supplied to schools as part of this scheme continues to be safe. I can understand that some people have concerns about pesticide residues in their food, but as a doctor I cannot over-emphasise the importance of continuing to eat at least five portions of fruit and vegetables a day. Scientific evidence shows that the health benefits for children and young people far outweigh any concerns about pesticide residues." The Pesticide Residues Committee is an independent body which advises the Government, the Food Standards Agency and the Chemicals Regulation Directorate.

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