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Death of vineyard owner
George Musgrave, the owner of a Cornish vineyard, died after a delivery of empty wine bottles crashed onto him when they fell from the tail lift of a lorry he was helping to unload. The load fell from the tail lift causing fatal head and chest injuries.
Following that tragic incident Gregory Distribution Ltd of North Park, North Tawton was prosecuted by the HSE for breaching its duty under s3(1) HSWA. After pleading guilty the company was fined £200,000 and ordered to pay costs of £16,993 costs by Truro Crown Court.
The company accepted that it had exposed Mr Musgrave to risk by failing to ensure adequate arrangements and procedures for the unloading of pallets.
HSE Inspector, Simon Jones, said: "This tragic accident highlights the dangers involved in unloading large and heavy loads using a tail lift. Employers should ensure that employees are given the right equipment, information, instruction and training to allow them to unload loads safely.
"Where employers use the services of agency staff they should ensure that those agency staff are aware of the systems of work in place and have the skills and training to undertake the required tasks.
"Tail lifts should be examined by a competent person at least every six months to ensure that they are safe to use.
"If these simple measures had been taken then this accident would not have happened and Mr Musgrave would not have died in these tragic circumstances."
Ed - The Lifting Operations and Lifting Equipment Regulations 1998 states that tail lifts should be thoroughly examined every six months under Section 33(1)(c) of the Health and Safety at Work Act 1974.
Worker left with long-term injuries after 21m fall
Two UK construction companies have been fined a total of £125,000 after a worker was seriously injured when he fell 21 metres from a hospital building under construction in Newcastle-upon-Tyne.
Laing O'Rourke Construction Limited and Expanded Structures Limited were prosecuted by the HSE following the incident at the Royal Victoria Infirmary (RVI) on 20 October 2006.
Steven McColgan, 37, from Edinburgh, was working on the construction of the hospital at the time. Newcastle Crown Court heard that part of an unsupported working platform broke away when he stood on it, causing him to fall 21m to the ground.
Mr McColgan suffered serious multiple injuries to his head and body in the fall and his injuries continue to be life-changing.
The HSE investigation revealed that sections of the falsework, acting as a temporary structure supporting the working platform, were removed before work on the concrete slab was complete.
Both companies, which are based at Bridge Place, Anchor Boulevard, Admiral's Place, Crossways in Kent, pleaded guilty to breaching Section 3(1) HSWA. Laing O'Rourke Construction Ltd was fined £50,000 and ordered to pay costs of £13,756 and Expanded Structures Ltd was fined £75,000 and ordered to pay costs of £14,154.
After the case, HSE Inspector Victoria Wise said:
"Laing O'Rourke Construction Ltd and Expanded Structures Ltd failed in their duty of care to Mr McColgan, who was lucky to survive the fall.
"Falls from height are the single biggest cause of work-related deaths in Great Britain. It is imperative that such a high risk activity is subject to a high degree of overall management and control.
"In the last three years there were 142 work-related fatalities resulting from a fall from height. It is tragic that Mr McColgan's injuries could so easily have been avoided if those in a position of responsibility had effectively discharged their duties".
"Laing O'Rourke Construction Ltd had a duty as principal contractor to ensure that safe systems of work were in place and were being implemented on their site. The company had received previous advice from HSE on this specific matter, at another Newcastle site only two years earlier.
"Specialist contractor Expanded Structures Ltd had a duty to ensure that the risks associated with their work had been adequately assessed and that day to day controls and systems of work were effective".
Quarry company fined after digger death
Leiths Scotland Limited, an Aberdeen-based quarrying company has been fined £96,000 after a man was crushed to death while working beneath a mechanical digger.
Arthur Jamieson, 58, from Keith, Banffshire, was working beneath the digger on 21 November 2008 at Parkmore Quarry, Dufftown, Aberlour, when the vehicle rolled backwards, crushing him.
Leiths Scotland Limited, Mr Jamieson’s employer and a company specialising in quarrying operations, general construction activities and civil engineering, was prosecuted.
Elgin Sheriff Court heard mobile plant fitter, Mr Jamieson, was fixing a transmission leak on the five-and-a-half tonne digger.
The vehicle was raised on a ramp, but its rear wheels were inadequately secured. Mr Jamieson was crushed when the vehicle rolled off the ramp, and was suffocated as a result of a wheel compressing his chest.
HSE's investigation concluded that Leiths Scotland Limited failed to provide adequate information, instruction, training and supervision to Mr Jamieson to prevent any risk to his health while working for them.
Mr Jamieson had not previously carried out the task and was expected to establish his own method of raising and supporting the vehicle above the ground. He was left to organise suitable blocks to support the digger without direct supervision or suitable instructions.
The company, based in Rigifa, Cove, Aberdeen, pleaded guilty to breaching section 2(1) HSWA at Elgin Sheriff Court on Monday 9 August 2010, where it was ordered to pay £96,000.
After sentencing, HSE Inspector Norman Buchanan said:
"This tragic incident should have been avoided. Although Arthur Jamieson was undoubtedly an experienced mobile plant fitter, he had not previously carried out this particular task for this firm. He should have received adequate information, training and supervision from his employers, which Leiths did not provide.
"It is wholly unacceptable his employers left him unsupervised to devise his own means of working on such a risky repair job.
"Had Mr Jamieson been adequately supervised, he would not have been able to start working underneath the digger when it was inadequately secured at the rear and therefore able to move from its position on the ramps. As a result his death could have been prevented."
Worker paralysed after being crushed by steel beam
Strata Homes Yorkshire Limited, a Doncaster housing developer, has been fined £30,000 after a worker was left paralysed from the chest down when he was crushed by a steel beam weighing more than 660 pounds.
Anton Burrows, 24, from Dewsbury was working as part of a bricklaying team sub-contracted to Strata Homes Yorkshire Ltd, at their Suede Development construction site in Oxley Road, Huddersfield, on 7 April 2009 when the incident occurred.
Mr Burrows was helping a driver of a telescopic forklift truck to lift the steel beam onto two brick pillars. Although the beam initially landed as intended, as the forklift was withdrawing, the forks caught the beam, dislodging it from the pillars. Mr Burrows walked into the area as this happened, and the beam crashed down on top of him.
He suffered extensive injuries, including spinal damage, which resulted in him being left quadriplegic.
The HSE prosecuted Strata Homes Yorkshire Ltd, of Quay Point, Lakeside, Doncaster for its role in the incident. The company pleaded guilty to breaching Regulation 8 of the Lifting Operations and Lifting Equipment Regulations 1998 and was fined £30,000 and ordered to pay £16,062 in costs.
After the hearing HSE Inspector Alasdair Green said:
"The terrible injuries sustained in this incident have changed the way of life for Mr Burrows and his family for ever."
"Had the lifting operation been properly planned and supervised, in line with the regulations, the Approved Code of Practice and HSE's guidance, this devastating incident which could have very easily killed someone, would have been avoided."
"Today's prosecution must serve to remind all employers of their duties and responsibilities in protecting workers during lifting operations so that others do not suffer in this way."
Ed - Regulation 8 of the Lifting Operations and Lifting Equipment Regulations 1998 states that "Every employer shall ensure that every lifting operation involving lifting equipment is properly planned by a competent person; appropriately supervised; and carried out in a safe manner."
Balfour Beatty and Multibuild fined after piling machine crashes onto road
Balfour Beatty Ground Engineering Ltd and Multibuild Ltd have pleaded guilty to breaching s3(1) HSWA following an incident in which a 44 tonne machine crashed onto a busy main road in Hull.
The court heard that a piling machine, used to drive building supports into the ground, fell over and rolled across the road before crushing a wall opposite during the evening rush hour on 10 December 2007. Tower Street was closed for several hours until it was made safe.
The HSE investigation found that the main contractor, Multibuild Ltd, was responsible for providing a stone platform for the machine to work from, but had failed to design or install it correctly.
Balfour Beatty Ground Engineering Ltd as a specialist sub-contractor had the responsibility for safely carrying out the work.
After the hearing HSE Inspector Dave Redman commented:
"This incident could easily have resulted in disaster, and it is nothing short of a miracle that no one was killed or seriously injured given it occurred during the peak of the evening rush hour.
"It is every company's responsibility to ensure that employees and members of the public are not exposed to danger from heavy construction machinery.
"There is extensive guidance governing safe working in this sector, and we hope today's prosecution serves to remind people of their duties so that we don't witness an incident of this kind again."
Balfour Beatty was fined £25,000 and ordered to pay £17,676 in costs. Multibuild Ltd was fined £20,000 and ordered to pay £18,687 costs.
Council fined following drowning
Argyll and Bute Council has been fined £20,000 after a man died when he drove over an unprotected edge of a car park at Coal Pier in Dunoon.
Duncan MacGillivray, 75 of Dunoon, drowned on 17 September 2007, when it is believed that he accidentally put his car into forward gear rather than reverse to exit a parking bay. The vehicle mounted the edging, and, as there was no protective barrier, the car fell approximately 3m into the sea below and Mr MacGillivray was trapped.
The HSE found that whilst there were some barriers in place at the pier, there were none in the area where Mr MacGillivray had parked.
At an earlier date Dunoon Sheriff Court heard that neither prior to the pier being utilised as a council-operated car park nor at any time after it was brought into such use, was there assessment of risk to those using the car park. Nor had any action been taken to provide adequate edge protection to prevent incidents like this.
Argyll and Bute Council pleaded guilty to breaching Section 3(1) HSWA 1974.
Following the case, Inspector Mike Orr said:
"Mr MacGillivray died in tragic and traumatic circumstances, ultimately drowning in the sea below the pier. A simple risk assessment would have identified the clear risks of an unprotected sheer drop into the sea at the edge of a car park - but sadly the council failed to do this.
"Argyll and Bute Council was responsible for the maintenance and operation of this charging public car park. When it changed the use of the pier, from a commercial site, it should have quickly identified any risks to members of the public. It's simply not acceptable that this didn't happen."
London Tower Crane Hire & Sales fined after 4 tonne weight crashed to the ground
London Tower Crane Hire & Sales Limited has been prosecuted and fined after the hook broke off a tower crane and its four tonne load crashed 36 m to the ground, narrowly missing a footpath. The company admitted breaching Section 3(1) HSWA and Regulation 5(2) of the Construction (Design and Management) Regulations 2007.
On 3 November 2007, the load - which was part of a building under construction at Hertfordshire Regional College in Turnford, near Cheshunt - came down heavily beside part of the campus regularly used by students. The impact also demolished the site boundary fence and damaged a college building.
The company, which has a head office at Elstree Way, Borehamwood, Hertfordshire, was fined £18,000 and ordered to pay £15,837.45 in costs.
HSE Inspector Norman Macritchie said:
"It was a matter of good fortune that no-one was injured in this entirely avoidable incident.
"Those undertaking lifting operations have absolute duties to plan, supervise and carry them out safely. Maintenance staff had indentified safety-critical faults in the crane yet simple controls needed to prevent use of defective equipment were not implemented. Poor communication and teamwork, together with inadequate supervision, all contributed to this incident.
"This case has important lessons for all those operating lifting equipment and especially tower cranes."
Ed - Reg 5(2) of the Construction (Design and Management) Regulations 2007 states: "Every person concerned in a project who is working under the control of another person shall report to that person anything which he is aware is likely to endanger the health or safety of himself or others."
Worker impaled at Workington factory
A Workington company has been fined £15,000 after a steel cable shot through a worker's leg, leaving him with a hole through his shin.
A.C.P (Concrete) Ltd, which produces concrete panels, was prosecuted by the HSE following the incident at their factory in the Derwent Howe Industrial Estate, which left worker Jamie Graham, 25, from Cockermouth in a hip to toe full leg cast for six weeks and on crutches for another four months.
Workington Magistrates' court heard that steel cables were threaded through concrete moulds and stretched to 2000 lbs tension. On 19 March 2009, a grip holding one of the tensioned cables failed, releasing a 200-feet long cable.
When Mr Graham went to re-thread that cable, another grip failed, releasing a second 200-feet-long steel cable, the end of which passed straight through his lower right leg, leaving him impaled on the 9mm steel cable.
The fire and rescue service had to cut the cable to release him and he was taken to hospital with the end of the cable still imbedded though his shin.
An HSE investigation found the company did not have any system in place for inspecting and maintaining the grips, and that an average of eight grips failed each week at the premises.
HSE also concluded that A.C.P did not have a safe system of work in place for re-threading the steel cables and fixing new grips when they failed on tensioned cables. This meant that workers could be crouching directly in line with the ends of tensioned cables whilst making repairs.
HSE Inspector Mike Griffiths, said: "This terrifying incident should have been prevented. The lack of any inspection or maintenance of the grips meant that problems with them were only detected when a grip failed and that could sometimes result in a cable being released at high speed.
"The fact that the grips had to fail before they were replaced meant that there were significantly more failures under tension and the chances of a serious injury were increased.
"The company should have ensured that the task of re-threading the cables was properly assessed and that the significant risks to their employees were properly controlled."
The court heard that Mr Graham, who is a keen weight trainer, was significantly immobilised for six weeks after the incident and still suffers pain and weakness in his right leg.
The company pleaded guilty to breaching section 2(1) HSWA and was also ordered to pay £6,638 costs.
Wembley builder exposed customers to CO
A building company and one of its directors from Wembley have been fined a total of £15,000 after leaving two customers at risk of death or serious illness from exposure to carbon monoxide fumes.
Between 3 September and 8 December 2009, Rushi Construction (UK) Limited, owned by Vikas Patel, was building an extension to a home in Westwood Drive, Little Chalfont, in Buckinghamshire.
Part of the extension was built around the flue outlet of a gas boiler, but the HSE investigation revealed that no Gas Safe registered engineer had been involved in the gas fitting work. Mr Patel had tried to use a sewage pipe and a washing machine vent hose, to extend the flue outlet across the new room and out a window - without success. This meant that harmful carbon monoxide gases were being released in the house, exposing the homeowners to potentially deadly fumes.
Mr Patel was asked to leave the job by the customers in December 2009 and after complaints to National Grid, the supply of gas to the property was disconnected in January 2010.
Following sentencing, HSE Inspector Stephen Manley said:
"Everybody involved in construction work, from small jobs such as fitting a conservatory, to larger extension builds, must think about the effect it may have on the safe operation of existing services such as gas appliances and flues.
"If you're in any doubt as to the effect of your work on existing gas systems then you are probably in the wrong business - but at the very least you should take advice from an engineer registered with the Gas Safe Register.
"Mr Patel's clients could have died because of the unsafe situation he created in their home. HSE will always take action when we see examples of such blatant disregard or ignorance, of regulations, guidance, and common sense."
Rushi Construction (UK) Ltd based at Braemar Avenue, Wembley, Brent, pleaded guilty to breaching section 3(1) HSWA and regulations 4 and 8(1) of the Gas Safety (Installation and Use) Regulations 1998. The company was fined £12,000 and ordered to pay costs of £1,000.
Vikas Patel, of Braemar Avenue, Wembley, Brent also pleaded to the smae offences and was fined £3,000 and ordered to pay costs of £731.
Ed - Regulation 8(1) of the Gas Safety (Installation and Use) Regulations 1998 states: "No person shall make any alteration to premises in which a gas fitting or a gas storage vessel is fitted if that alteration would adversely affect the safety of the fitting or vessel in such a manner that, if the fitting or vessel had been installed after the alteration, there would have been a contravention of, or failure to comply with, these regulations."
Regulation 4 of the Gas Safety (Installation and Use) Regulations 1998 states: "Where an employer or self-employed person requires any work in relation to a gas fitting to be carried out at any place of work under his control or where an employer or self-employed person has control to any extent of work in relation to a gas fitting, he shall take reasonable steps to ensure that the person undertaking that work is, or is employed by, a member of a class of persons approved by the Health and Safety Executive."
Schoolboy killed after falling through farm roof
A Moray farming partnership has been fined £13,500 at Elgin Sheriff Court following an incident where a 13-year-old boy, Austin Irvine, fell through the roof of a farm building and sustained serious injuries from which he later died.
The incident happened on 21 August 2006.
He was raised up to roof level in the bucket of a tractor by his stepfather and the boy walked onto the roof. As he walked across the roof he stepped onto a skylight which collapsed. He fell through the skylight, around 4m to the ground and suffered serious injuries from which he later died.
An HSE investigation into the incident revealed that there was no proper edge protection on the roof and no measures in place to prevent falls through the corrugated asbestos cement sheeting which made up the roof.
John Irvine and Son, of Inverlochy Farm, Tomintoul, Ballindalloch, pleaded guilty to breaching Section 3(1) HSWA.
Following the case, HSE Inspector Ann Poyner said:
"This tragedy should never have happened and could have been prevented if John Irvine and Son had properly assessed the risks of working on a fragile roof and taken steps to prevent falls through the roof.
"Farmers and those working in agriculture frequently carry out roof work, yet fail to appreciate the risks involved are always substantial. If possible, avoid going on fragile roofs and always keep children clear of high risk activities. If you are planning this type of work should always make sure you have the right equipment to ensure that the work area is strong enough to work from and that guard rails are in place at open edges and suitable access is provided."
Company and director prosecuted after staff exposed to high levels of lead
A sheet metal manufacturing company and its director have been fined after workers were exposed to high levels of lead at its factory in Norfolk.
Staff at the Anglia Lead Ltd plant in Barker Street, Norwich, suffered the exposure as they cast molten lead into lead sheeting, sold for various uses including roofing old buildings, such as churches.
Anglia Lead Ltd had numerous health and safety failings, the prosecution brought by the HSE found. Workers could have breathed in lead dust; absorbed the substance into their skin; or ingested it orally, for example when they ate, drank or smoked a cigarette during breaks or even after work hours without washing their hands.
The company appeared at Norwich Magistrates' Court and admitted failing to ensure the health and safety of its workers, breaching s2(1) HSWA. Director Carlton Edwards admitted committing the same offence in his capacity as a company director.
Magistrates fined the company £10,000 and Mr Edwards a further £10,000. The company was also ordered to pay full prosecution costs of £10,556.
Investigations by the Health and Safety Executive found the company and its director had:
• Failed to provide suitable and sufficient assessment of the risks to health created by work involving lead
• Failed to adequately control exposure to lead
• Failed to provide sufficient control measures, including lack of adequate personal protective equipment (PPE), no adequate local exhaust ventilation system to remove lead fumes from the workplace, no adequate clothes washing system and no adequate hygiene controls
• Failed to provide employees with suitable information, instruction and training
• Failed to suitably investigate when occupational exposure level limits were exceeded and action levels reached
• Failed to provide air monitoring as regularly as required
HSE Inspector Julie Jarvey said:
"Exposure to lead is very serious and can be damaging to health. Lead is classified as a substance hazardous to health for good reason - when the dust or fumes are ingested or inhaled it can lead to long term ill-effects.
"Anglia Lead Ltd and its director failed to discharge their duties, meaning the company's processes fell significantly below the expected standards required for working with the material.
"HSE will not hesitate to prosecute companies and directors failing to carry out their legal obligations for ensuring the health and safety of their employees."
Steeplejack firm fined
A Stoke-on-Trent steeplejack firm has been fined £8,000 after one of its workers fell from scaffolding causing him injuries that left him in plaster for four months.
Rafferty Chimneys Engineering Ltd of Nash Peake Street, was working at a site in Tunstall when Kevin Ford fell 1.5m to the ground causing a serious injury to his heel.
The company pleaded guilty to breaching s2(1) HSWA. It was also ordered to pay £5,000 costs.
Newcastle-under-Lyme magistrates heard how on 4 March 2009 the company had been contracted to inspect four 20m tall steel chimneys at Churchill China (UK) Ltd pottery firm. A tower scaffold was used to access the eves of the roof.
The HSE investigation revealed that the tower's guard rail was too low, it did not use the right boards and no toe boards were in place.
Two workers walked across a fragile asbestos sheet roof using boards just 45cm wide with no safety measures in place. They carried equipment back and forth throughout the day despite the potential for falling nearly 4m into the workshop below.
Mr Ford fell when he was dismantling the tower scaffold at the end of the job. He had lowered a board down from the upper level when he slipped and fell suffering a serious fracture to the heel of his left foot. He needed pins inserted into the bone and spent 16 weeks in plaster.
HSE inspector Guy Dale said:
"Working at height is the most common cause of workplace injuries and this incident shows the very real dangers, no matter what the distance to the ground.
"With the right equipment and a proper risk assessment this could have been prevented. As it was, there were so many instances and potential for falls throughout the day leading up to this event that it was lucky both men weren't involved in serious injuries."
Ed - Falling from height remains one of the most common causes of workplace injuries in the UK. Last year there were 1,396 major injuries to workers, as well as 3,044 workers having to take in excess of three days off work.
Worker suffers life-changing injuries after roof fall
A construction worker from Carmarthen suffered serious injuries when he fell 3m from the roof of a farm building.
Gwyndaf Davies, who was 21 at the time of the incident, was helping to re-roof a building at Penwerddu Farm, Boncath on 29 April 2009. He fell through the roof to the concrete floor below suffering multiple facial fractures, a traumatic brain injury and multiple spine fractures.
Mr Davies spent nine months as an in-patient at Morriston hospital and has undergone significant facial reconstructive surgery and eye surgery.
The accident has left Gwyndaf with the lasting effects of a traumatic brain injury, blind in one eye and partially sighted in the other. He has limited speech and cannot walk without aid. Gwyndaf continues to receive intensive physiotherapy and speech therapy, and it is likely he will require significant care for the rest of his life.
The HSE prosecuted Mr Davies' employer, Delme L James Ltd, for failing to take steps to prevent workers falling from height. Mr Davies had worked for the company since leaving school.
The HSE's investigation revealed that the company did not plan, supervise or carry out the work safely. There was only limited edge protection to prevent workers falling from the roof and no measures to prevent them falling into the building.
Delme L James Ltd of Pencaer Bryn Ewan, Cynwyl Elfed, Carmarthenshire, pleaded guilty to a breach of Regulation 4 of the Work at Height Regulations 2005 when they appeared before Haverfordwest magistrates. They were fined £8,000 and ordered to pay costs of £2,189.40.
HSE inspector, Anne Marie Orrells, said:
"Mr Davies is a young man who has suffered dreadful injuries as a result of this accident which could have resulted in his death. This situation could so easily have been prevented and Mr Davies and his family are still trying to come to terms with the lasting effects of what has happened.
"Falls from height are one of the major causes of death and serious injury in the construction industry. The regulations are clear and well established but HSE continues to see tragic cases such as this resulting from employers not fulfilling their duty to protect workers.
"There is a great deal of guidance freely available on the HSE website, so there is no excuse for getting it wrong - especially given the severity of the consequences."
Provisional figures for 2008/09 show that 24 people in Carmarthenshire alone received injuries that were classed as major or requiring more than three days off work as a result of a fall from height. Figure released by HSE in June this year show that seven workers were killed at work in Wales between 1 April 2009 and 31 March 2010.
Ed Regulation 4 of the Work at Height Regulations 2005 states: "Every employer shall ensure that work at height is (a) properly planned; (b) appropriately supervised; and (c) carried out in a manner which is so far as is reasonably practicable safe.
Worker loses fingers in between metal rollers
A Tyneside firm has been fined £8,000 after a worker's hand was badly injured when it was drawn between two rotating metal rollers.
North Tyneside Magistrates' Court heard how Gary Burke, 45, of North Shields, lost his little finger and part of the other fingers on his right hand following the incident at Formica Ltd on Coast Road, North Shields.
On 20 November 2009 Mr Burke was working on a machine which coats paper with resin and then cuts it into lengths to produce the back of a laminated product.
The HSE investigation revealed that there had been consistent production problems with the machine. Mr Burke was using his right hand to check for any resin deposits on the feed belts, when his glove became caught on a belt and his hand was drawn between the two guide rollers.
Despite several operations, doctors were unable to save Mr Burke's little finger though he hopes that they will be able to re-construct two of his fingers to restore some function long term. The incident has had a substantial impact on his life as he does not have full use of his hand. While he has returned to work, he has not been able to do his old job and is now on light duties.
Formica Ltd, of Silver Fox Way, Cobalt Business Park, Newcastle, pleaded guilty to breaching section 2(1) HSWA. As well as the fine, the company was also ordered to pay £4741.60 in costs.
After the case, HSE Inspector Andrea Robbins, said:
"Production problems such as misalignment of belts and nicks in the paper were a regular problem with this machine and had been occurring for a number of years - yet Formica Ltd had done little about it. It had become custom and practice for workers to try and rectify faults themselves.
The incident could have easily been prevented if the company had implemented safe systems of work for fault finding and ensured that guards were in place to prevent access to dangerous moving parts of the machine."
Maintenance job leaves man with a broken back
A Staffordshire company Klarius UK Ltd has been fined £8,000 after one of its workers fell more than 2m from a scaffold tower, fracturing one vertebra, crushing another and leaving him immobilised for more than six weeks.
Barry Derbyshire, 61, from Cheadle, Staffordshire, was carrying out routine maintenance on a machine used to make exhaust pipes when he fell on 18 August 2009. It was a regular job that was carried out by a number of people on three similar machines.
Newcastle-under-Lyme Magistrates Court heard that Mr Derbyshire, who was working for Klarius UK Ltd, had been stooping down to try and locate an oil leak when he stood up and possibly overbalanced, falling off the edge.
An investigation by the HSE revealed there had never been a guardrail on one edge of the scaffold as it was felt it would interfere with access to the machines.
Klarius UK Ltd, based at Brookhouses Industrial Estate, Cheadle, Staffordshire, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005. As well as being fined, it was also ordered to pay £1,892 costs.
Onion firm fined after serious ladder injury
A Spalding onion packing firm, Moulton Bulb Company Ltd, has been fined after a worker broke his shoulder falling from a ladder.
Company employee Richard Webster was covering onion boxes with plastic sheeting when he fell around 3m at the firm's Glebe Farm site at Roman Bank, Spalding, on 10 September 2009.
The HSE found Mr Webster of Whaplode, near Spalding, fell from a ladder as he was wrapping a five and a half metre stack of boxes in polythene.
Mr Webster broke his shoulder which kept him off work for a month.
Moulton Bulb Company Ltd of Long Lane, Moulton, near Spalding, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005 and was fined £6,000 and ordered to pay costs of £2,188.
Prosecuting, HSE Inspector Jo Anderson said:
"Falls from height are the biggest cause of workplace deaths and it's crucial employers make sure work is properly planned, appropriately supervised and sufficient measures are put in place to protect staff from these risks.
"As a result of this the company has changed its procedures to eliminate the need to work at height by applying polythene sheeting at floor level and then lifting the boxes up.
"I'm satisfied the company has learned from this incident and would encourage employers in a similar line of business to consider doing the same, if they don't already."
Man is left brain damaged by falling panel saw
Joda Freight Limited, a haulage company, has been fined £5,000 after one of its employees suffered brain damage when he was struck on the head by a 290 kg panel saw.
Nicholas Holmes, 49, from Bradford, was delivering panel saws to the Saw Centre in Eglinton Street, Glasgow, on 16 August 2007 when one fell off the vehicle, hitting him on the head. Mr Holmes was left with permanent brain damage by the incident.
The HSE investigation found that Mr Holmes' employers, Joda Freight Limited, did not have a reliable system of communication in place to make sure their drivers were informed about the securing and stability of loads.
Mr Holmes had not been told anything about how the panel saws were secured in the lorry. When he removed the straps securing the saws, the load became unstable, causing the incident.
Joda Freight Limited pleaded guilty to breaching Section 2(1) HSWA.
Following the case, HSE Inspector Jean Edgar said:
"This was a horrific incident and will have terrible consequences for Mr Holmes and his family for many years to come.
"Haulage companies must make sure information is properly communicated between drivers in how a load is secured and strapped. Verbal messages through a third party may not be enough.
"This is particularly important where the delivery driver did not load the vehicle - and has little information on the precise strapping method used to secure it.”
Other health and safety offences in brief
Defendants Offences Penalty Details
Eastern Regional Shopfitters Ltd HSWA s3(1)
Control of Asbestos Regulations 2006 regs 5, 8, 11 Total £4,000 +
£3,215 costs Shopfitters disturbed asbestos during refurbishment – Employer knew about it but failed to act upon knowledge or plan works
Acetech Construction Limited Control of Asbestos Regulations 2006 regs 5, 8(2) and 11(1)(A)(1)(a) £3,400+
£5,000 costs Scrapping ‘The Patricia III’ failure to carry out adequate asbestos survey and then stripping vessel
Stealsafe Limited
Dennis Brunt
Peter Critchard PUWER 1998 reg 11(1) Total fines £2,001+
£250 costs Fingers crushed in hydraulic press
Greswolde Construction Limited Control of Asbestos Regulations 2006 regs 10(1) and 11(1)(a) £1,000+
£2,268 costs Failure to warn employees of the presence of asbestos and give appropriate information, training etc
Dumping waste costs Derbyshire firm nearly £95,000
On 29 July, ADIS Scaffolding Ltd of M1 Commerce Park, Long Duckmanton, Derbyshire was found guilty at Nottingham Crown Court of two charges related to the illegal deposit, treating and keeping of commercial waste on land without a waste management licence.
The case was proved in the company’s absence. The jury duly found the company guilty of both charges under s33 of the Environmental Protection Act 1990, in respect of deposits of building waste at unlicensed sites at Greenacres (Worksop) and Cresswell.
The judge sentenced the company to a fine of £20,000 on each count. He also ordered the company to pay compensation of £8,500 in respect of the deposit at Greenacres and £25,200 in respect of the deposit at Cresswell. He ordered the company to pay prosecution costs of £21,244.13.
Speaking for the Environment Agency, Kevin Saunders told the court that ADIS Scaffolding Ltd operated from premises on the MI Commerce Park.
ADIS had registered with the Environment Agency a formal exemption to allow the company to manufacture animal bedding from pallets and wood from their waste transfer station.
The Environment Agency had also issued the company with a permit for the storage and treatment of construction and demolition waste.
At the same site, the director of ADIS Scaffolding Ltd, Malcolm Knights, operated a skip hire company, CP Skips, which had registered a formal exemption to crush and grade rubble from construction and demolition waste. There is a screen on site processing this waste.
In 2006, Mr Knights bought some land between the M1 and his company’s site. An ADIS employee offered excess soil from this land to a friend, who, having verified that it was suitable, agreed to take it to restore a field at Green Lane, Hodthorpe.
The soil was delivered by various ADIS employees. In May 2007, the friend stopped the deliveries and complained to ADIS about the poor quality of the material. An inspection revealed that later deliveries were contaminated with wood, rubble and plastic, resembling the screened waste generated by CP Skips rather than the soil originally offered.
Soon after, during summer 2007, Mr Knights instructed an employee to tip screened building waste, and waste that included soiled wood chippings, at the former Creswell colliery tip where Mr Knights held a tenancy agreement with UK Coal Mining Ltd. The tenancy agreement did not allow the deposit of such waste.
Local residents witnessed deliveries to and from the Creswell site and, in October 2007, Derbyshire County Council received a complaint. The Council informed the Environment Agency and later wrote to ADIS advising them to stop tipping at the colliery and remove the waste. They also informed UK Coal Mining Ltd, which instructed ADIS to stop the deliveries and remove the waste. Waste removal began but was stopped due to weather conditions.
Mr Knights also agreed to segregate and remove waste from the Hodthorpe site but the process was stopped when the site owner discovered that the driver was burying waste rather than segregating and removing it.
In January 2008, a routine Environment Agency inspection of ADIS Scaffolding Ltd at M1 Commerce Park found materials similar to those found on the Creswell and Hodthorpe sites.
The following month, acting on information received, Council officers again visited Creswell. They were joined by Environment Agency officers who saw a tracked bulldozer leaving the site. Waste that had previously been dumped in piles had been spread out across the field. Mr Knights later explained that he was waiting for the waste to dry before removing it and that this was the reason for spreading it.
During May and June 2008 Environment Agency officers inspected both the Creswell and Hodthorpe sites. They found that ADIS had still not removed the waste.
We estimate that depositing waste illegally at Hodthorpe and Creswell saved the company approximately £26,000 in tipping and landfill tax.
Speaking after the case Dave Brown, an Environment Agency officer involved in the investigation said: “ADIS Scaffolding Ltd used the land at Creswell and Hodthorpe illegally for the deposit of waste, saving them about £26,000 and drawing other people unknowingly into illegal waste activity. The law exists to protect people and the environment from the consequences of such actions. As this court case demonstrates, we are not prepared to tolerate this sort of activity and we hope today’s result will deter others from such irresponsible behaviour.”
The Judge in sentencing said that he accepted prosecuting counsel's submissions in relation to the need for a deterrent sentence in this instance, and that the sentencing guidelines for regulatory offences require deterrent sentences to be passed.
The Judge said that the Defendant’s company had elected trial by jury and then failed to attend, and that this case concerned the systematic dumping of waste on two green field sites for profit.
Dust and litter from recycling site scattered in Gainsborough
Plastics recycling firm AWS Eco Plastics Ltd has been fined £23,000 and ordered to pay £5,600 costs for allowing dust and litter to scatter outside its site in Gainsborough. The offences charged related to failures to comply with the permit conditions which regulated the business.
Lincoln Magistrates’ Court was told the waste escaped over seven months and the company failed to comply with an enforcement notice issued by the Environment Agency.
Mrs Anne-Lise McDonald, prosecuting for the Agency, described falling dust and waste labels as ‘looking like snow’ at the company’s site on Caenby Corner Industrial Estate at Hemswell Cliff.
James Finch, an Environment Agency officer, first visited the site in December 2008 when a worker was advised to turn off the machine feeding label waste into a skip and not to turn it on again until a cover had been fitted. He sent a compliance report to the company, noting a breach of their permit to store and treat waste.
The site was much cleaner the next day and the skip was covered, magistrates were told, but there was still a need to enclose the label disposal operation. Three weeks later a neighbouring site once again was covered in dust and litter, although not as badly, said Mrs McDonald, and a further compliance report was sent to the company.
Magistrates heard that on 4 February 2009, following a further complaint, Mr Finch once again went to the site and was told by the site manager that there was a problem with material escaping from a hole at the top of a silo because it hadn’t been installed properly.
Mr Finch discovered that there was shredded label-like material in an interceptor and in vegetation along the Black Dyke watercourse for about 20m. He once again sent a compliance report to the company noting the breach of permit.
Mrs McDonald told the court that the officer sent an enforcement notice to the company on 6 February to clear up neighbouring sites, the interceptor tank and Black Dyke. The company was also instructed to enclose the label treatment area and to build a solid boundary wall by 27 February in order to comply with its Environmental Permit conditions.
But the work was not complete by that date and there was still plastic flake and dust and label waste on a neighbouring property. As there had been some problems with the contractors the officer agreed to extend the notice for one week but two weeks later there was still dust and litter on nearby sites.
Owner of one neighbouring site said he had been told several times that the problem would be sorted out but nothing ever happened.
Plastics blowing from Eco Plastics onto his site regularly contaminated chemicals used in a dip tank which had to be replaced at £80 a time, he told the Environment Agency.
Site Manager of AWS Eco Plastics Mr Alex Coope said the dust problem had not been envisaged and contractors had let them down.
He said the site had not been fully operational until November or December 2008 and it was only when production levels were increased that the system could not cope.
There were further complaints in May 2009 and when the Environment Agency’s officer returned to the site he saw label and flake blowing up from ground level over the wall onto a neighbouring site, said Mrs McDonald. There was litter spilling from bags stored on the Eco Plastics site and litter blowing around the site. A week later the situation had not changed.
On 31 July, more than seven months after the first Agency visit, there was still dust and litter around and off the site and a further enforcement notice was issued. This was withdrawn later when there was a fire.
In mitigation Mr Jonathan Dunkley said that the company had appointed two new managers in order to try and improve operations on site. Since the fire the company has invested in new infrastructure as well.
After the hearing Environment Officer James Finch said: ‘We always try to work with businesses to make sure they comply with conditions in their environmental permit and we gave Eco Plastics numerous opportunities to clean up its operation.
‘The effective running of a nearby business was affected by the activities of this company.
‘The company failed to respond to advice from ourselves and continued for seven months to cause a nuisance to neighbouring sites.
‘The company breached three conditions of their permit in failing to control emissions of dusts, fibres and particulates which were likely to cause pollution, harm to human health, or serious detriment to the community and failed to take measures to prevent the escape of litter. They also failed to comply with an enforcement notice.’
Surrey food company fined for packaging offences
A Surrey-based supplier of ready-made food products has been ordered to pay more than £7,500 for failing to comply with waste packaging legislation.
Staines Magistrates’ Court fined Terbeke Pluma UK Limited £4,500 and ordered it to pay £3,032 in costs to the Environment Agency, a total of £7,532.
The company, of Whyteleafe, Surrey, pleaded guilty to failing to register with the Environment Agency under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007. It also failed to meet obligations to recover and recycle packaging waste in 2008 through the purchase of Packaging Recovery Notes as provided by the 2007 Regulations.
It registered under the regulations in previous years but, due to reporting requirements being misunderstood, believed it did not need to register for 2008. An Environment Agency routine check showed it had incorrectly calculated the tonnage of packaging handled as being below the registration threshold of 50 tonnes, when in fact it had handled more than 500 tonnes. The company registered for regulations under a compliance scheme in 2009.
It was estimated the company avoided costs of £2,231 by not registering and not purchasing the correct amount of Packaging Recovery Notes for 2008 alone. The company’s main packaging activity is that of importer and seller, and materials handled include paper/cardboard, plastic, metal and ceramic packaging.
Carol Getting, investigating officer for the Environment Agency, said: “It is disappointing that although the regulations have been in force for over a decade, the requirements are still widely misunderstood. The Packaging Regulations generate more than £80 million of investment into the recycling industry annually and have driven a significant reduction in packaging waste being disposed in landfill.”
Fined for not signing up to a scheme
Hatcher Components Ltd was ordered to pay £2460 in fines and £1,224 in costs and Broadwater Mouldings Ltd was fined £2460 and ordered to pay £1,224 costs by Lowestoft Magistrates’ Court yesterday (Thurs 19 Aug).
The court heard that following a routine visit by an Environment Agency officer to Hatcher Components Ltd it was discovered that the company should have been signed up to a recycling scheme.
Through the investigation it was found that a subsidiary, Broadwater Mouldings Ltd, should also have been signed up to a recycling scheme, the court heard.
Magistrates were told that companies which handled in excess of 50 tonnes of packaging a year and had an annual turnover of more than £2m were obliged to join a scheme.
Where companies were linked through holding companies or as subsidiaries their aggregate turnovers and amounts of packaging handled were considered together, said Mrs Anne-Lise McDonald, prosecuting for the Agency.
‘The aim of the packaging regulations is to achieve a more sustainable approach to dealing with packaging by ensuring businesses take responsibility for the packaging used in their operations. This in turn reduces the amount of packaging produced and the amount going to landfill,’ said Mrs McDonald.
Magistrates were told that for each year of not being in a scheme there were three offences: not being registered, failing to recover and recycle packaging and not providing a record of recycling.
Both companies pleaded guilty to failing to join a scheme during 2008 and 2009 but said that they were unaware of the Regulations. The companies each asked for three similar offences to be taken into consideration.
Demolition company fined for pollution
An oil spill at a former pie factory which was being demolished in Chester Road, Wellingborough was the responsibility of Deltatrax Ltd trading as BDS Specialists in Demolition, Northampton magistrates were told.
The company, pleaded guilty on to breaching the Water Resources Act and polluting the Swanspool Brook and was fined £5,000 and ordered to pay £5,073.28 costs.
Miss Claire Bentley, prosecuting for the Environment Agency, said the oil had polluted 700m of the brook and had necessitated a clean-up operation which involved both the Agency and clean-up contractors.
The offence came to light on Sunday 5 April 2010 when there was a report from a member of the public of pollution in the brook next to Castle Fields in the town. Oil was floating on the surface and an Environment Agency officer traced it back to a discharge pipe at the rear of the demolition site.
He placed booms down to try to stop it flowing any further. He could not get onto the site as it was locked and the security firm noted on the gate no longer looked after it.
On the following day he visited and found that there was evidence of an oil spill around an oil storage tank which was situated in a partly demolished building. It appeared that the tank contained red diesel.
Environment Agency officer Chris Willis went back to the discharge point and found thick oil seeping through an earth bank that had been containing some of the oil. He put down more booms and absorbent pads.
On a later visit Mr Willis was told by a member of the Deltatrax staff that there had been problems with intruders entering the site.
A drainage plan for the site, submitted as evidence by the Environment Agency in a previous case, showed a clear link between the area where the tank was sited and two areas where there was evidence of oil spill and the discharge pipe.
A representative of the site owner said he did not recognise the oil storage tank that was on the site and had no knowledge of its use there.
Company representatives failed to respond to a request from the Agency for an interview under caution about the issue, the court heard.
Miss Bentley said the risk of pollution was foreseeable as oil was being stored in a tank which had no secondary containment, was not bunded or secure.
Mr Gary Lewis, solicitor for the defendant, said that the company replaced the tank once the deficiencies were brought to its’ attention by Mr Willis..
After the hearing Chris Willis said: ‘Oil in the water can harm wildlife, affect fish and taint drinking water at very low concentrations. This pollution was avoidable and continued even after it was brought to the attention of the company.
‘Responding to the problem straight away could have avoided this becoming such a serious matter.’
Ed - Deltatrax pleaded guilty to:
On or about 5 April 2009 you did cause poisonous, noxious or polluting matter, namely diesel or gas fuel oil, to enter controlled waters, namely the Swanspool Brook a tributary of the River Ise adjacent to Castle Fields, Chester Road, Wellingborough, Northamptonshire contrary to section 85(1) and 85(6) Water Resources Act 1991.
Company fined after waste is buried in grounds of Hampshire motel
A Hampshire motel company has been ordered to pay £3,700 in fines and costs for failing to remove waste from a site near the New Forest.
The waste, that included old fridges, televisions, gas canisters, plastic, bricks and rubble, had been illegally deposited and buried on land belonging to the New Forest Motel in Ringwood.
On June 15, 2008 an Environment Agency officer visited the site and saw a quantity of illegally tipped fridges. The officer was unable to make contact with the owner, retired army Major John Hancock, who lives in Brazil.
Returning to the site on 9 October 2008 the officer noticed the fridges had been removed. A local resident said they had been buried and showed the officer where. They had been ‘badly buried’ along with some other wastes that was still partly visible in the soil.
A member of staff at the New Forest Motel said she would arrange for Mr Hancock to meet the Environment Agency when he next returned to the UK. Mr Hancock later told the officer the waste had been fly-tipped. He refused to answer questions as to how the waste came to be buried.
The court heard Mr Hancock is the sole director and company secretary of Matchams Lodge Limited who trade as New Forest Motel. The Environment Agency served a notice on the parent company to remove the buried waste by January 30, 2009.
On June 11, 2009 an Agency officer visited the motel again and saw that more waste had been tipped at the site. She spoke to a builder, Mr Frank Arnold, who said he was carrying out work at the site and said the owner, John Hancock, had instructed him to bury the waste.
After several unsuccessful attempts to contact Mr Hancock, he was finally arrested at Heathrow Airport on 20 October 2009 after landing on a flight from Rio De Janeiro and granted bail on the condition he agreed to be interviewed by the Environment Agency.
On April 14, 2010 Frank Arnold of Ferndown, Dorset was fined £2,000 and ordered to pay £1,000 costs after pleading guilty to illegally depositing waste on land at the New Forest Motel and failing to comply with two Environment Agency notices.
John Hancock was due to appear before magistrates the same day, but was too ill to fly back From Brazil. He was subsequently given a formal caution after it was explained he was elderly, suffered from a disability and lived on a war pension in Brazil.
His company, Matchams Lodge Limited, of Hurn Road, Matchams, Ringwood, Hampshire was fined £2,700 for failing to comply with a notice to remove waste and remediate land at the New Forest Motel. It was also ordered to pay £750 costs. The case was heard on Wednesday by Lyndhurst magistrates.
‘Old fridges and tv’s contain hazardous and potentially toxic substances that can harm the environment. It is therefore illegal to dispose of them by burial. The defendants were given every opportunity to remove and safely dispose of these wastes, but chose to ignore the Agency’s advice even after a notice had been served. We were left with no choice other than to prosecute,’ said Claire McClumpha for the Environment Agency.
Firm banned from carrying waste and told to clean up site
Easy Skips (NE) Limited has been told it is not allowed to transport any more rubbish, after its waste carriers licence was revoked by the Environment Agency.
Its permit to run its waste transfer station at Thomlinson Road in Hartlepool has also been taken away and the company must clear all the rubbish from the site.
The company has also been given two months to remove all waste from the site. The decision comes after the waste management company was convicted in November 2007 of illegally depositing and keeping waste on its site, at Casebourne Road in Hartlepool, without a permit.
The company was sentenced in August 2009 - after an investigation to confiscate any profits it made from the crimes - when company directors Kevin Brough and Andrew Benson were ordered to hand over £234,393.
At the time, this was the second-highest Proceeds Of Crime award ever obtained by the Environment Agency.
Easy Skips (NE) Ltd was given the opportunity to explain how it would comply with waste laws in the future, but it failed to satisfy the Environment Agency.
Instead, Easy Skips (NE) Ltd has made an even bigger mountain of rubbish at its Thomlinson Road site.
Julian Carrington, Environment Agency north east environment manager, said: “Over many months Easy Skips (NE) Ltd has been collecting waste from people and dumping it at its two sites, transforming them into unsightly mountains of rubbish. By revoking Easy Skips (NE) Ltd’s waste carriers licence and its permit, we have made it illegal for the company to continue operating in the waste industry.”
Biodiesel plant had potential to pollute brook
Arshad Mehmood of Hazelmere Road, Hall Green, Birmingham was fined £2,500 after pleading guilty last week to one charge relating to treating, keeping or disposing of controlled waste (waste oils) in a manner likely to cause pollution of the environment.
He was ordered to pay costs of £5,000 and a £15 victim surcharge.
For the Environment Agency, Counsel Nicholas Cole told Birmingham Crown Court that, in 2007, a project by the Environment Agency and its partners was underway to try improve the water quality in Washwood Heath Brook.
In March 2007, following a report of pollution where surface water flowed into the brook, a contractor working for Severn Trent Water Ltd found a white greasy substance flowing through a manhole. The surface water drains were traced back to Britannia Oils at 61 Cherrywood Road.
Information about the incident was passed to the Environment Agency. In September 2007, two Environment Officers visited the premises, where they found a bio-diesel installation operating without a permit. The installation converted waste cooking oils from restaurants into biodiesel which could then be sold to drivers.
They found that the premises did not have the infrastructure required to adequately prevent pollution. In particular there was an open drain inside the building which was connected to the surface water drainage system which ultimately flows into Washwood Heath Brook.
The drain should have had a bund or barrier round it to prevent any oil spillages entering the drainage system and then into the Brook. Instead a loose metal tray had been placed over the drain. The Officers advised the site operators on what they needed to do to comply with the law and about the need to avoid pollution of the nearby watercourse .
In June 2008 again visited the site after reports of an oily discharge into the Brook. The precautions were still not in place and the drain inside remained unprotected.
Later, while visiting a site nearby, officers saw Britannia Oils take delivery of a liquid on their forecourt. They noted that there was no infrastructure to prevent pollution running off the site and into surface water drains in the road.
Speaking after the case, an Environment Agency officer involved in the investigation, said: “There were a number of pollution incidents going on at a time when we and our partners were trying hard to improve Washwood Heath Brook for the local community.
“The defendant did not act on our advice and guidance to protect the drainage systems or provide us with the information we asked for. We cannot allow this sort of irresponsible behaviour to continue and we hope that the outcome of today’s court case will act as a deterrent to others.”
In mitigation, Counsel Mr Tim Pole said that his client regretted the incident and had since sold on the business. He had made no money out of the business that he had been operating at the time but was prepared to accept that he had not taken proper measures as required by the Environment Agency.
The charge was brought by the Environment Agency under Section 33 (1) ( c) of the Environmental Protection Act 1990.
Tunbridge Wells business meaty fine for slurry pollution
The Environment Agency has prosecuted a Kent meat supplier for causing animal slurry from its premises to pollute a stream that leads to the River Medway.
Forge Farm Meats Ltd of Forge Farm, Powder Lane, Southborough in Tunbridge Wells appeared before Sevenoaks Magistrates Court on Thursday 5 August and pleaded guilty to the offence. The company was fined £1,200, ordered to pay costs of £1,500 and a victim surcharge of £15.
The Court heard that on 13 November 2008, Environment Agency officers visited the farm to carry out a routine inspection. On arrival at the premises, the officers saw an area where a large amount of manure and farm slurry was being stored and witnessed liquid in a small ditch which lead to the nearby Somerhill stream.
The officers took water samples at the point where the pollution was entering the ditch. Biochemical Oxygen Demand (BOD) is a measure of the amount of oxygen taken up by bacteria living in the effluent once it enters a watercourse, and at high levels aquatic life can suffocate. Raw sewage usually has a BOD level of around 300 to 400 mg/l and suspended solids can blanket the bottom of a stream and also suffocate wildlife.
The sample taken showed a BOD level of 1,930mg/l, nearly five times the strength of raw sewage, and a suspended solids level of 2,460mg/l. The Environment Agency also paid another visit to the farm in February 2009 and found that there had been no changes to operations on site and that slurry was still escaping into the stream.
Jamie Benton of the Environment Agency said: “Prosecution is usually a last resort for us but it was clear that the company should have put in place systems for storing their farm slurry that posed no risk to the environment.
“Therefore it is disappointing that Forge Farm Meats failed to solve the problems onsite. As a result a totally avoidable pollution of an environmentally sensitive stream occurred.”
Forge Farm Meats apologised for the incident and said they had a previously good environmental record. The company has also invested in systems on site to ensure that the offence does not happen again.
Magistrates presiding over the case said although there was no damage to the environment, there was potential for harm to be caused by polluting the stream.
Thames Water polluted the same river twice
Thames Water Utilities Ltd was ordered to pay £12,323 in fines and costs by Bracknell Magistrates Court for causing the pollution of a tributary of the River Thames twice within the space of two years.
Thames Water Utilities Ltd, based in Reading, pleaded guilty to two offences under the Water Resources Act 1991.
The court heard that in January 2008, the company’s pumping infrastructure at Buckingham Avenue in Slough failed to divert a diesel spillage into a foul sewer, causing the pollution to enter a tributary of the River Thames instead. The company was also found guilty of polluting the same tributary, the Haymill Stream and the Chalvey Ditch, in December 2009 after they failed to direct a leaked food effluent into the foul sewer.
The company was fined £4,000 for each offence and ordered to pay £4,323.08 costs to the Environment Agency.
In the January 2008 incident, the diesel was lost from a split pipe within the pump room of a data processing centre located in Slough Trading Estate. The oil then flowed out of the unit’s drains and into the surface water road drains of the trading estate, discharging into the Buckingham Avenue balancing pond/interceptor belonging to Thames Water Utilities Ltd.
The pump within the balancing pond was supposed to pump the initial flush to the foul sewer. It was later discovered that both the primary and backup level sensors that would activate the pump either couldn’t be interrogated or were not working. This meant that despite Thames Water’s assurance that the pump was operational, the method to turn it on could not be guaranteed.
The court heard how the diesel (4,500 litres), once released from the balancing pond and into the Haymill Stream, flowed along a kilometre (1/2 mile) culverted section of pipe before appearing in Cippenham at two locations that made up the source of the Chalvey Ditch. Despite the response by Thames Water to contain the diesel in the Cippenham area, around 50 fish in the Chalvey Ditch were killed. Thames Water worked with the Environment Agency in the clear up and tracing the source and spent £97,500 in remediation measures.
Neil Martin, Investigating officer for the Environment Agency, said: “If Thames Water’s pump had been working at the time of the incident, the diesel, or the majority of it, would have been diverted to the foul sewer and not into the watercourse – avoiding the death of many fish and other wildlife.”
In the second incident, which happened in December 2009, the court heard how again Thames Water’s infrastructure had failed to operate properly which resulted in a pollution incident at Chalvey Ditch – the same area as the January 2008 incident.
The Environment Agency was first alerted to the problem by a member of the public who reported chemical smells around the Chalvey Ditch. The stream was immediately attended by officers who were able to confirm the odour. The officers also found a growth of fungus on the streambed for around 1500 metres downstream of the culvert outfall at Earls Lane, Cippenham
Samples of the water were taken and these revealed that the stream had been polluted by an organic matter. Environment Agency officers traced the pollution to the Buckingham Avenue interceptor. This structure takes surface water drainage from the south western parts of the Trading Estate. Much of the surface water sewer infrastructure running to the balancing pond is owned by Thames Water. These sewers should only receive clean, uncontaminated rainwater runoff. In dry conditions the balancing pond is designed to discharge to foul sewer, with a higher level overflow to the stream in rainfall conditions.
Under interview by the Environment Agency for the second offence, Thames Water revealed that while the alarms on this occasion were operational, the drains in the interceptor that should have taken the effluent to the foul sewer pumps had become blocked with silt and debris. This meant that the pollution went straight to the stream and Thames Water was unaware of the discharge until notified by the Environment Agency officers. Thames Water spent £95,000 in improvement works to the balancing pond.
The court reduced the levels of the fines due to the fact that Thames Water responded properly and responsibly - reducing the time and effort to resource these incidents. The company also spent considerable cost in clearing the affected area and works to the pond as well as cooperating with the Environment Agency.
Neil Martin said: "Both these incidents could have been avoided with a comprehensive maintenance plan and better understanding of the Buckingham Avenue site on the part of Thames Water. After the first incident a routine maintenance programme was introduced, but a lack of knowledge of how the system worked left the drains blocked up. While the pollutants originated from other companies on the estate, the pollution of the stream could have been prevented”
Offshore oil and gas industry warned to do better
The offshore oil and gas industry has been warned about its safety record as new statistics show increases in major injuries and unplanned hydrocarbon releases.
Figures released by the HSE show that there were 50 major injuries reported in 2009/10 - up 20 on 2008/09 and higher than the average of 42 over the previous five years. No workers were killed during activities regulated by HSE for the third year running.
The combined fatal and major injury rate almost doubled to 192 per 100,000 workers in 2009/10 compared with 106 in 2008/09 and 156 in 2007/08.
A marked rise was also recorded in 2009/10 of the combined number of major and significant hydrocarbon releases, regarded as potential precursors to a major incident, with a provisional total of 85. There were 61 in 2008/09 - the lowest since HSE began regulating the industry.
In 2009/10 there was a significant reduction in the minor over-three-day injury rate, maintaining a downward trend - 414 workers per 100,000 reported an injury, compared with 496 in the previous year.
443 dangerous occurrences were reported, 34 fewer than in 2008/09. The main types reported were hydrocarbon releases (42%), failure of equipment offshore (23%) well-related incidents (6%) and failures relating to lifting operations (9%).
Said Steve Walker, head of HSE's offshore division:
"I am pleased to see no fatalities for a third consecutive year in the areas we regulate, but the fact that 17 workers tragically died in other offshore related travel incidents in the year is a stark reminder that hazards are ever present offshore.
"Although the overall numbers of injury and dangerous occurrences are comparatively low, considering a workforce of almost 27,000 and the numbers of rigs and the continuous operations undertaken, this does not excuse the fact that the fatal and major injury rate has almost doubled. This year's overall health and safety picture is simply not good enough. The industry has shown it can do better and it must do in future.
I am particularly disappointed, and concerned, that major and significant hydrocarbon releases are up by more than a third on last year. This is a key indicator of how well the offshore industry is managing its major accident potential, and it really must up its game to identify and rectify the root causes of such events
"We will continue to take a tough line on companies who put their workers at risk. The challenge to improve safety will be ever greater as more offshore installations exceed their original design life. Our new inspection initiative will check safety management plans to ensure ageing is being taken into account, but the responsibility for getting safety right in the first place rests where it always has - with the duty holders."
Ed - The offshore statistics bulletin is available at http://www.hse.gov.uk/offshore/statistics.htm
The Offshore Safety Statistics Bulletin is designed to show provisional headline figures before a more detailed statistical analysis is published in October. It records fatalities, reportable injuries, occurrence of ill health and dangerous occurrences reported to HSE between 1 April 2009 and 31 March 2010 under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)
Motor vehicle paint sprayers still at risk of asthma
Body shop workers are being encouraged to do more to protect themselves when paint spraying, as new research suggests that some are still putting themselves at risk of developing asthma.
A report by the HSE into the use of two-pack paints containing isocyanates has identified that, while practices have improved greatly in recent years, there are still a number of areas of concern.
HSE estimates that vehicle spray painters are 80 times more likely to develop occupational asthma than the average worker in the UK because they fail to take the correct precautions.
Visits to 30 motor vehicle repair bodyshops and telephone surveys with 500 bodyshops found some sprayers and managers remain unaware of the link between breathing in isocyanates contained within the invisible spray mist, and developing occupational asthma.
Almost one in five bodyshop managers surveyed by telephone did not know their booth clearance times. This, combined with the finding that many sprayers are still unaware of the dangers of invisible spray mist puts workers at risk of re-entering booths too soon, making them more vulnerable to breathing in isocyanates.
Encouragingly, the study found that the vast majority of sprayers (85 per cent) do wear air-fed breathing apparatus. However, many continue to put their health at risk by lifting their visors to check the finish before the paint is dry, potentially exposing themselves to the isocyanate-containing mist.
Louise Rice from HSE said:
"We're encouraged to see that body shop managers and sprayers are generally much more aware of the risks of isocyanates and what they need to do to protect themselves, but it is worrying that the message is still not getting through to all of them.
"Occupational asthma destroys careers and lives. We appreciate that sprayers work to tight deadlines and time pressures, but they should not be gambling with their health. We will use this research to ensure we're working with industry in the most effective way to help reduce the risk to workers."
The research also considered how factors such as size of business, working hours and bonus systems, health surveillance, personal protective equipment and training impact on health and safety practices in isocyanate paint use.
Research shows no increased cancer risk at Greenock factory
Workers at a Scottish semi-conductor plant are not at increased risk of developing occupational cancers, new research suggests.
An independent investigation carried out by the HSE and the Institute of Occupational Medicine (IOM) has concluded that earlier concerns about occupational cancer at the National Semiconductors UK (NSUK) factory in Greenock were unfounded.
The study follows on from a report in 2001, published by HSE, which found that although the overall number of cancers in the workforce was not unusual there was a possibility that some could have been caused by work.
The new research updated the earlier study and also looked particularly at the work done by women with lung, breast and stomach cancer and men with brain cancer. It found that the number of employees with cancer is within the range expected for a workforce of a similar age and background. This was also true for each of the individual types of cancer studied.
The research failed to find any notable differences between the work done by women with breast cancer and their colleagues. It did not produce any important new results concerning work done by people with lung stomach and brain cancer.
Co-author of the report HSE's chief medical adviser and head of epidemiology, Dr John Osman said:
"While we cannot use this type of research to prove that any workplace is completely safe, I am satisfied the findings do not indicate that NSUK staff face an increased risk of developing occupational cancer.
"This is an independent, robust piece of scientific research and we have taken our responsibilities to the workforce very seriously. The research does not establish a link between cancer and employment at NSUK.
"I hope both present and former employees will find some comfort in these results. They have waited patiently to discover the outcome of this research and I hope this report offers some clarity and reassurance."
In light of the findings, HSE said there are no plans for further research at NSUK although it will continue to monitor health and safety in the semiconductor manufacturing industry and will issue advice if it finds new areas of concern."
Ed In 2001, HSE published the results of research into concerns about a link between developing cancer and working at NSUK in Greenock. Because the findings were not conclusive, the HSE, NSUK and the workforce agreed to a further study, updating the previous research and looking particularly at the work done by women who had developed lung, breast and stomach cancer and men who had developed brain cancer.
50 days left to register for CRC
Businesses race to register as September deadline looms
New figures published on 11 August 2010 by the Environment Agency show that over 1,200 organisations have already registered for the CRC Energy Efficiency Scheme. Between them these organisations have reported over half of the electricity consumption expected to be included within the scheme.
Large businesses and public sector organisations have just 50 days left to register for the mandatory scheme and the Environment Agency is now expecting an increase in registrations as the remaining organisations rush to sign up before the September 30 deadline.
Early projections estimated a maximum of 5,000 organisations were obliged to register for the CRC scheme. Revised figures show that the number of organisations required to participate is between 3-4000, as many businesses that qualify for the CRC are owned by larger conglomerates that incorporate multiple businesses.
Tony Grayling, head of climate change and sustainable development at the Environment Agency said:
“Around a third of organisations that we expect to register for the CRC scheme have registered well in advance of the deadline.
“We would urge the remaining businesses to sign up now, and not leave registration to the last minute. Our dedicated CRC helpdesk is available to help businesses through the registrations process.”
The CRC Energy Efficiency Scheme is administered across the UK by the Environment Agency. The scheme is regulated by the Environment Agency in England and Wales, the Northern Ireland Environment Agency in Northern Ireland, and the Scottish Environment Protection Agency in Scotland.
Myth: Health and safety bans bunting
August 2010
The reality
There are no regulations banning people from hanging bunting at weddings and village fetes or flying flags for sporting events.
HSE encourages people to have a bit of common sense about their attitudes to risk, not to make everything risk-free. There won't be an army of inspectors cutting down bunting or insisting flags are lowered.
HSE exists to prevent people being killed or seriously injured at work, not to stop people celebrating in style.
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