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21-year-old employee
Flowserve (GB) Ltd has been fined £150,000 by Lewes Crown Court following the death of a 21-year-old employee and pleading guilty to breaching s2(1) HSWA. Costs of £66,838 were also imposed.
The prosecution followed an incident on 7 May 2008 at Flowserve's site in Burrell Road in Haywards Heath.
Philip Locke, a 21-year-old employee at Flowserve, received fatal injuries when carrying out a pressure test on a high pressure valve. It is believed that during the test, the vent valve became detached from the machine and hit Mr Locke at high speed, causing fatal chest injuries.
The HSE investigation also found that the company had not carried out an adequate risk assessment and had failed to recognise the risk of parts, such as the vent valve, detaching during the pressure testing. The vent valve had not been installed correctly and there should have been a guard on the back of the machine which would have prevented the vent value injuring Mr Locke when it separated from the machine at high pressure.
HSE Inspector Russell Beckett said:
"Had Flowserve (GB) Ltd carried out a specific risk assessment on the machine it would have realised the process was unsafe. The company could easily have modified the system of work and the death of Mr Locke could have been prevented."
Crushed
A worker who had only been on site for two weeks was killed when his head was crushed between concrete blocks and a metal platform.
The HSE prosecuted brick manufacturing company Hanson Building Products Ltd, after the death of Peter Clarke, 57, at the company's distribution plant in Coleshill on 26 April 2008. The company was fined £280,000 and ordered to pay costs of £29,204 for its admitted breach of s2(1) HSWA.
Warwick Crown Court heard that Mr Clarke, from Bedworth was working next to a conveyor that transferred groups of concrete blocks from a kiln to a packaging area. His job was to remove samples of blocks for quality checking.
Sections of blocks were formed into larger groups for packaging by moving the conveyor's direction of travel backwards and forwards.
Mr Clarke was standing next to a low bridge over the conveyor when he leaned forward to remove some blocks from the machine. Another worker changed the direction of the conveyor, crushing Mr Clarke's head between the concrete blocks on the conveyor and the metal platform.
The operator of the 30m conveyor could not see Mr Clarke because his view was obscured.
An HSE investigation into the incident found that the company had only identified the risk of workers trapping their fingers between the blocks and the stairway.
HSE inspector Peter Snelgrove said: "This tragic incident could have been prevented if Hanson Building Products had carried out a suitable and sufficient risk assessment to identify all the hazards for workers operating in this area.
"There were no safe systems of work for removing the blocks and the company failed to supervise Mr Clarke adequately. The area where he was working was well known as a danger zone by other workers, but he had been on site for less than two weeks and nobody had told him about the risks.”
Foundation Trust bed rail death of disabled man
Basildon and Thurrock University Hospitals NHS Foundation Trust has been fined £50,000 following the tragic death in its care of a severely-disabled young man who was described as being 'full of life' and a 'people magnet'.
Kyle Flack died at Basildon University Hospital early on 12 October 2006 after his head became trapped between the bottom rail surrounding his bed and the edge of the bed itself. He died from asphyxiation.
Though 20-years-old, Kyle had the body of a 12-year-old boy. He was blind, deaf, quadriplegic and had cerebral palsy.
He had been admitted to Basildon with a stomach complaint. During the night before he died, he was found several times lying diagonally in his bed and with his head wedged between the rails.
He was repositioned twice by nurses but later, despite concerns raised by a passing cleaner, no action was taken.
At around 8.20am Kyle was found lying with his head trapped between the bottom rail and the edge of the bed. Despite resuscitation attempts he could not be saved.
In February when the Trust admitted the breaches, Basildon Crown Court heard there had been a similar incident during an earlier stay at the hospital. Kyle had suffered bruising, swelling and a bleeding mouth after he forced his head part way through the rails.
Yet despite this no assessment of his needs was carried out when he was admitted in 2006 and staff had no knowledge of the previous incident. Kyle was placed in a single room without one-to-one care and only monitored at irregular intervals.
Investigations by HSE found the Trust had no systems in place on each ward for assessing the risk to patients from bed rails. People with cerebral palsy are known to be particularly at risk of entrapment and the issue was highlighted in Department for Health guidelines published in 2001.
The Trust's practice for obtaining, recording and disseminating information about Kyle's needs was found to be poor. Staff did not formally share knowledge of individual patients.
There was no system in place to alert staff to his particular needs or habits, instead staff were relied upon to remember him from previous visits or to retrieve records to read through his past medical notes.
Despite Kyle's size he was placed in a bed with adult spacing bed rails. Had the rails been suitable for Kyle it would not have been physically possible for him to get his head through any gap.
The NHS Foundation Trust was sentenced after it admitted failing to ensure the health and safety of patients in its care, breaching s3(1) HSWA. It was fined £50,000 and ordered to pay £40,000 in costs.
Kyle's mother Gill Flack said: "When Kyle was in our lives we woke up and went to sleep to the sound of him laughing. He was full of life, the noisiest member of our family, and dearly loved by both his friends and the wider community. When we were out with Kyle, he was a real people-magnet: his huge smile drew people to him. He loved life and lived it to his full capacity.
"When you put your child into hospital, you expect him to be cared for and to pick him up once his treatment is over. There will never be closure for us as Kyle can never be replaced but through the support of HSE, this result has helped us to feel that justice has finally been done. Today marks the end of a long journey."
HSE Inspector Sue Matthews said: "This was an entirely preventable incident that resulted in the death of a vulnerable and much-loved young man.
"Simple measures should have been taken to prevent this from happening. This would have included a thorough bedrail risk assessment being carried out by a qualified member of staff, with input from Kyle's mother and reference to a previous bedrail injury which Kyle suffered at Basildon Hospital in 2005.
"The use of suitable bedrails and bumpers, frequent monitoring of Kyle while the bedrails were in place and proper recordkeeping by staff would also have helped prevent this tragic death.”
Ed – It is tragic when a known and obvious risk (and indeed a risk prosecuted many times previously) takes the life through human and organisational failings. I recall years ago when acting for a care home in a similar bed rail fatality being told by the manager that the individual was ‘going to die anyway.’ My outrage at such a thought remains deeply seared in me – especially as the organisation I was dealing with was an overtly Christian foundation – but the sanctity of life appeared to have passed them by.
Out of control lift kills lift engineer
J. Brown Services Ltd, a Kent-based lift company has been fined following a self-employed lift engineer being crushed to death.
Andy Bates died while completing the installation of a new lift at a site near Oxford Street in Central London.
On 6 December 2005, Mr Bates, was working alone on the lift's wiring whilst standing on the roof of the lift car at an office building at Woodstock Street, London W1.
A cable connected to a control unit used to move the lift was severed when it became wrapped around a bolt protruding from the lift shaft wall. This led to a rogue command being sent to the lift's controller causing the lift to start moving upwards.
Mr Bates became trapped between the top of the lift car and the top of the doorway as it travelled upwards, suffering fatal crush injuries.
Neither Mr Bates, nor his assistant Liam Brown, had experience of installing the type of lift control system being fitted at the site.
The Old Bailey heard the main contractor carrying out the work was Swallow Lifts Installations who had sub-contracted the work to a specialist lift engineer it had worked with previously. However, due to delays the sub-contractor had to leave the job uncompleted.
Swallow then sub-contracted the completion and testing of the lift to J. Brown Services Ltd who employed Mr Bates to undertake the final phases of work.
The company pleaded guilty to breaching s3(1) HSWA. The company was fined a total of £20,000 and ordered to pay costs of £25,000. J Brown Services Ltd has now stopped trading and has limited financial resources.
HSE Inspector Kevin Shorten said:
"The tragic events at Woodstock Street illustrate the critical importance of having sufficient protective features within a control system.
Just one fault sent this lift out of control. Completed lifts have many protective features and this principle cannot be ignored when lifts are being constructed. That is why the permanent car top controls should be used whenever possible, rather than temporary ones."
Alpha Group Security fined following death of worker
Glasgow-based security company Alpha Group Security Ltd has been fined £7,000 following the carbon monoxide poisoning of a man employed as a security guard on a construction site at Ann Street, Burnbank. Thomas Fraser, 37, died of carbon monoxide poisoning at an on-site flat used as a base for employees.
Hamilton Sheriff Court heard a portable power generator was used inside the flat but Mr Fraser had not been provided with proper instructions on its safe use.
The generator was operated inside the flat without appropriate ventilation. Alpha Group Security Ltd pleaded guilty to breaching s2(1) HSWA.
Following the case, Inspector Adrian Tinson said: "This tragic incident should never have happened. It is the clear duty of those who create risks to manage them and to implement safe systems of work.
"This means clear instructions should be provided to contractors and operators and checks made to ensure they understand them.
"It should not be assumed that someone knows how to operate equipment. Responsible management of risk should have ensured the safe set up and use of the portable petrol generator in a well-ventilated area which could have avoided this unnecessary death."
Ed - In March 2010, Clyde Valley Housing Association Ltd, which subcontracted Alpha Group Security Ltd, was fined £70,000 after pleading guilty to a charge under s3(1) HSWA – we carried that story in BRN too!
Council fined following death of worker
An electrician employed by East Ayrshire Council died because of failings of his employer, a court heard.
At a hearing at Kilmarnock Sheriff Court East Ayrshire Council pleaded guilty to a charge under section 2(1) HSWA and was fined £56,000.
The Court heard how Robert McGill, 35, suffered fatal injuries when he fell from a mobile elevated work platform, known as an airlift, that he and a colleague had been using in the gym of Kilmarnock Academy, Elmbank Drive, Kilmarnock to fix overhead lights on 6 April 2009.
The platform had been fully extended and Mr McGill had been in the basket at the top of the airlift when it was moved around the gym. The airlift became unstable and he fell to the ground and later died from his injuries.
Mr McGill and his work colleague had not received any training on how to use the airlift. In particular they had not been told it should never be moved when there is a person working in it, and that stabilisers should be properly attached to it when in use.
Speaking after the court hearing, HSE Inspector Barry Baker said:
"This was a tragic incident which highlights once again the very real risks of working at height and the consequences of failing to take reasonable safety precautions. More than 4,000 employees suffered a major injury as a result of a fall from height in 2008/09 showing that it should be properly planned and assessed, adequately supervised and employees given enough training to allow them to work safely. The consequences of failing to do this are frequently serious and in this case, sadly, were fatal."
Aston Villa fined after worker's three-metre fall
Aston Villa has been fined after a worker was badly injured by a fall through a roof during the redevelopment of its training ground. Two contractors from Mechanical Cleansing Services Ltd were working at the Bodymoor Heath complex near Sutton Coldfield when one of them plunged 3m through a fragile rooflight.
The company had been employed to drain fuel tanks on a roof during demolition of an old building on the site.
Stratford-on-Avon Magistrates heard that the 34-year-old worker was cleaning the tanks and fell through a rooflight as he was heading towards a ladder to get down.
He broke bones in his heels and was off work for more than six months.
The club, its contractor and Mechanical Cleansing Services' director, Damon Roe, all admitted health and safety offences.
An internal ladder was blocked so Mr Roe decided to use a ladder against the outside front of the building to access the roof's plant room. However, both he and the football club failed to inform workers of the dangers or how to avoid the risk of falling through the fragile rooflights.
HSE inspector Carol Southerd said:
"Work at height can be very dangerous if not properly planned and although the victim's injuries were severe, they could have been much worse.
"If the internal ladder had been used, then this incident would not have happened. A simple conversation with the club was all it would have taken to arrange for the blocked ladder to be cleared.
"When working at height all workers must have adequate instruction, training and equipment. It is vital that risks are adequately assessed and managed before employees undertake tasks in hazardous locations. There was clear failure to warn the victim or his colleague of the dangerous condition of the roof or to provide safe access to the tank."
Aston Villa Football Club Ltd admitted breaching reg 9(1) of the Work at Height Regulations 2005. It was fined £1,350 and ordered to pay £1,610 costs.
Mechanical Cleansing Services Ltd - of Aston, Birmingham - admitted breaching reg 3(6)(a) of the Management of Health and Safety at Work Regulations 1999. It was fined £1,000 and ordered to pay £1,610 costs.
Damon Roe, a director of Mechanical Cleansing Services Ltd, admitted breaching s37(1) HSWA after failing to provide adequate information about access to the site for his workers. He was fined £1,000 and ordered to pay £1,610 costs.
Ed - reg 9(1) of the Work at Height Regulations 2005 states: "Every employer shall ensure that no person at work passes across or near, or works on, from or near, a fragile surface where it is reasonably practicable to carry out work safely and under appropriate ergonomic conditions without his doing so."
reg 3(6)(a) of the Management of Health and Safety at Work Regulations 1999 states: "Where the employer employs five or more employees, he shall record... the significant findings of the [risk] assessment."
s37(1) HSWA "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."
Personal prosecutions of directors for breaching s37 used to be rare – but now are more common place. There are more reported this month!
Council and contractors fined for unsafe asbestos removal
City of Lincoln Council and County Waste (Lincs) Ltd have been prosecuted by the HSE after allowing asbestos insulation boards to be incorrectly removed.
Lincoln Magistrates' Court heard that in June 2008 the city council was refurbishing the bathroom of a property in Winn Street in the city and contracted County Waste (Lincs) Ltd to investigate the fixing of asbestos insulation boards, with a view to their removal. However, County Waste (Lincs) Ltd was not licensed to work with asbestos.
The employee carrying out the work lacked adequate information or training about the hazards from exposure to asbestos. The court was told he simply prised off the panels with a crowbar, breaking them in the process, before putting the pieces in a sack to transport to a yard for disposal.
Broken panels and pieces of asbestos debris were left on the bathroom floor of the property, and the worker walked around for the rest of the day in clothing that may have been contaminated with asbestos fibres.
After the tenant complained to the Council, employees visited the property to inspect the damage. However, they failed to tell the tenant there was a problem and did not move the family to another property for three days.
City of Lincoln Council was fined £10,000 and County Waste (Lincs) Ltd, of Exchange Road, Lincoln, was fined £4,250 and ordered to pay costs of £12,000 and £6,000 respectively after pleading guilty to a number of health and safety breaches.
HSE inspector Martin Giles said:
"The Council failed to ensure the contractor was competent to carry out the work and had no procedures in place to be followed in the event of serious and imminent danger to its employees. It failed to protect its tenants and ensure that they were not exposed to risks to their health following the release of asbestos fibres.
"Not informing the family about the seriousness of the problem and leaving them in the property for three days before rehousing them was an irresponsible and unacceptable act for a landlord.
"Because County Waste (Lincs) Ltd failed to provide adequate information, instruction and training to ensure employees liable to be exposed to asbestos were able to safeguard themselves and others, it did nothing to prevent the spread of asbestos from the bathroom and removed the material from the property without being in an appropriately sealed receptacle or wrapping.”
The City of Lincoln Council was fined:
• £2,000 for breaching reg 8(1)(a) MHSWR 1999 which states "Every employer shall establish and where necessary give effect to appropriate procedures to be followed in the event of serious and imminent danger to persons at work in his undertaking"; and
• Fined £8,000 for breaching s3(1) HSWA.
County Waste (Lincs) Ltd was fined as follows:
• £1,500 for breaching reg 10(1) of the Control of Asbestos Regulations 2006, which states "Every employer shall ensure that adequate information, instruction and training is given to those of his employees who are or who are liable to be exposed to asbestos, or who supervise such employees in order to safeguard themselves and other employees."
• £1,000 for breaching reg 16 CoAR, which states: "Every employer shall prevent or, where this is not reasonably practicable, reduce to the lowest level reasonably practicable the spread of asbestos from any place where work under his control is carried out."
• Fined £1,750 for breaching reg CoAR 24(1)(b) of the same regulations, which states: Every employer who undertakes work with asbestos shall ensure that waste which contains asbestos is not received into or despatched from any place of work unless it is in a sealed receptacle or sealed wrapping that is clearly marked."
Manager fined after 17-year-old trainee is injured
Andrew William Steel Baillie, the general manager of Sub Surface Engineering Ltd in Salterns Lane, Fareham (a diving company) has pleaded guilty to the charges brought by the HSE following health and safety breaches that led to a teenage trainee fracturing his ankle at work .
Jonathan Holmes, who was 17 years old and from Worthing, was injured in the workshop of Sub Surface Engineering Ltd on 21 April 2008.
Mr Baillie had used an extension to one of the truck forks of a forklift to move a large sheet of steel. The extension had not been properly secured. As the plate was being moved both it and the extension slid off the fork and fell onto Mr Holmes, fracturing his ankle.
An investigation by HSE found that Mr Baillie had not been trained to drive a forklift truck.
Fareham Magistrates' Court heard that Mr Baillie of Osborne Road, New Milton in Hampshire pleaded guilty to contravening s37(1) HSWA. He was fined a total of £2,500 and ordered to pay costs of £1,000.
HSE Inspector Tracey Cartwright said: "This case emphasises the responsibility that individual managers and staff have for the health and safety of their colleagues, particularly vulnerable young workers.
"Adequate planning of the lifting operation and the use of suitable equipment would have avoided this injury to a young trainee. It goes without saying that anyone driving a forklift truck should be properly trained.
"Simply spending a little time considering health and safety can stop incidents like this from happening altogether."
Buncefield Convictions
Ed – following the convictions at St Alban’s Crown Court the HSE and EA have made the following joint statement. We no doubt all recall the events of 11 December 2005, the fire and the enormous plume of smoke that covered large parts of the country for weeks.
‘A jury at St Albans' Crown Court today found TAV Engineering Ltd guilty of failing to protect workers and members of the public following an investigation into the explosion and fire at Buncefield Oil Storage Depot on 11 December 2005.
Motherwell Control Systems 2003 Ltd was found guilty earlier this week of the same charge.
Earlier this week Hertfordshire Oil Storage Limited was found guilty of failing to prevent major accidents and limit their effects. Today they also pleaded guilty to causing pollution to enter controlled waters underlying the vicinity around Buncefield.
The HSE and EA are the 'Competent Authority' responsible for regulating non-nuclear major hazardous industrial sites in England and Wales under the Control of Major Accident Hazard Regulations 1999 (COMAH).
As the competent authority, the HSE and EA have a responsibility to investigate major incidents and ensure that lessons are learned.
The Health & Safety Executive and the Environment Agency said:
"This was the biggest and most complex criminal inquiry we have worked on together - the product of many hundreds of hours of painstaking forensic investigation.
"When companies put workers and members of the public at risk and cause environmental damage we will prosecute.
"When the largest fire in peacetime Europe tore through the Buncefield site on that Sunday morning in December 2005, these companies had failed to protect workers, members of the public and the environment.
"The scale of the explosion and fire at Buncefield was immense and it was miraculous that nobody died. Unless the high hazard industries truly learn the lessons, then we may not be that fortunate in future." ‘
Ed – the sentencing hearing is planned for 16 July 2010.
Total UK Ltd had already pleaded guilty to three charges as have British Pipeline Agency Ltd who has pleaded guilty to two charges.
You can download audio and visual evidence heard during the trial at http://www.hse.gov.uk/news/buncefield/index.htm
The charges brought are:
1. Total UK Ltd, of 40 Clarendon Road, Watford, Hertfordshire, pleaded guilty to three charges on 13 November 2009:
1. Between the 1st day of January 2003 and the 12th day of December 2005 Total UK Ltd failed to ensure, so far as is reasonably practicable, the health, safety and welfare at work of its employees, contrary to Section 2(1) and 33(1)(a) of the Health and Safety at Work etc Act 1974.
2. Between the 1st day of January 2003 and 12th day of December 2005, Total UK Ltd failed to ensure, so far as is reasonably practicable, that persons not in their employment were not exposed to risks to their health or safety, contrary to Sections 3(1) and 33(1)(a) of the Health and Safety at Work etc Act 1974.
3. Between the 10th day of December 2005 and the 31st day of December 2005, Total UK Ltd caused polluting matter, namely fuel and firewater chemicals to enter controlled waters, namely ground waters in the chalk aquifer underlying the vicinity of Buncefield, contrary to s.85(1) and (6) of the Water Resources Act 1991.
2. Hertfordshire Oil Storage Ltd, of 40 Clarendon Road, Watford, Hertfordshire, faced two charges:
1. Found guilty - Between the 1st day of January 2003 and the 12th day of December 2005, Hertfordshire Oil Storage Ltd failed to take all measures necessary to prevent major accidents and limit their consequences to persons and the environment, contrary to Regulation 4 of the Control of Major Accident Hazards Regulations 1999 and section 33(1)(c) of the Health and Safety at Work etc Act 1974.
2. Pleaded guilty - Between the 10th day of December 2005 and the 31st day of December 2005, Hertfordshire Oil Storage Ltd caused polluting matter, namely fuel and firewater chemicals to enter controlled waters, namely ground waters in the chalk aquifer underlying the vicinity of Buncefield, contrary to s.85(1) and (6) of the Water Resources Act 1991.
3. British Pipeline Agency Ltd, of 5-7 Alexandra Road, Hemel Hempstead, Hertfordshire, pleaded guilty to two charges on 13 January 2009:
1. Between the 18th day of November 2001 and the 12th day of December 2005, British Pipeline Agency Ltd failed to take all measures necessary to prevent major accidents and limit their consequences to persons and the environment, contrary to Regulation 4 of the Control of Major Accident Hazards Regulations 1999 and section 33(1)(c) of the Health and Safety at Work etc Act 1974.
2. Between the 10th day of December 2005 and the 31st day of December 2005, British Pipeline Agency Ltd caused polluting matter, namely fuel and firewater chemicals to enter controlled waters, namely ground waters in the chalk aquifer underlying the vicinity of Buncefield, contrary to s.85(1) and (6) of the Water Resources Act 1991.
4. TAV Engineering Ltd, of The Oriel, Sydenham Road, Guildford, Surrey, faced one charge:
1. Found guilty - Between the 1st day of October 2003 and the 12th day of December 2005, TAV Engineering Limited failed to ensure, so far as is reasonably practicable, that persons not in their employment were not exposed to risks to their health or safety, contrary to Sections 3(1) and 33(1)(a) of the Health and Safety at Work etc Act 1974.
5. Motherwell Control Systems 2003 Ltd, c/o Rooney Associates 2nd Floor, 19 Castle Street, Liverpool, is faced one charge, (please note - a not guilty plea was entered by the judge on the company's behalf as it is in liquidation):
1. Found guilty - Between the 28th day of September 2003 and the 12th day of December 2005 Motherwell Control Systems 2003 Limited failed to ensure, so far as is reasonably practicable, that persons not in their employment were not exposed to risks to their health or safety, contrary to Sections 3(1) and 33(1)(a) of the Health and Safety at Work etc Act 1974.
Worker crushed
ADA Machining Services Ltd has been fined £26,000 after one of its workers suffered major injuries when he became trapped in rotating machinery.
The employee was pulled into a 14-foot-high metal-shaping machine when his overalls became entangled. He was working at n Kayley Industrial Estate, Richmond Street Ashton-under-Lyme, on 2 January 2008.
The machine which injured the worker at ADA Machining Services Ltd
The 53-year-old from Manchester, who has asked not to be named, lost one finger on his right hand and badly injured another. He suffered a dozen broken ribs, a cracked breast bone and friction burns to the left hand side of his body.
ADA Machining pleaded guilty to breaching reg 11(1) PUWER. The company was ordered to pay £6,220 costs.
David Norton, the investigating inspector for HSE, said: "One of ADA's employees suffered devastating injuries and is still unable to return to work, more than two years after he was trapped in the machine.
"It's vital that companies take action to protect employees who are required to operate potentially dangerous machinery. Otherwise workers will continue to be injured in the future.
"The company knew that rotating parts in the machinery were potentially dangerous. If it had installed guard on the machine, as the law requires, it would have prevented someone being seriously injured."
Bakery directors fined
Genaro Saiano and Dejan Durkin directors of a Bedfordshire bakery have been fined after a series of health and safety breaches exposed staff to serious danger - including electrocution and exposure to flour dust.
The directors of DG Bakery Ltd, based Bedford, appeared at Bedford and Mid-Bedfordshire Magistrates' Court.
The court heard how HSE inspectors discovered dangerously exposed live wires on the bakery's bread conveyor belt during an unannounced inspection on 13 January 2009. The inspectors issued immediate prohibition notices ordering the directors to shut down the conveyor belt until the machinery had been made safe.
HSE inspectors also issued four improvement notices, ordering various health and safety issues to be resolved by a set deadline. The bakery directors were legally required to prevent access to dangerous parts of the bread conveyor belt, prevent access to dangerous parts of the bread dough mixer, arrange for electrical testing and carry out a risk assessment for exposure to flour dust. They failed to comply with the improvement notice requiring a risk assessment be carried out.
The directors admitted breaching reg 4(2) of the Electricity at Work Regulations 1989 in relation to the exposed wires and for breaching the terms of the Improvement Notice in relation to the risk assessment.
Mr Saiano was fined £3,000 and ordered to pay £500 costs. Mr Durkin, was fined £2,500 and ordered to pay £500 costs.
DG Bakery Ltd is a small bakery specialising in the production of Italian bread.
HSE Inspector Emma Rowlands said: "It is simply unacceptable to operate machinery with live wires exposed - someone could have been killed or suffered a serious injury. The danger of electrocution is well known and advice had already been given to the bakery in 2000 regarding electrical safety.
"The directors also failed to comply with an improvement notice, requiring them to carry out an important risk assessment. The risks associated with exposure to flour dust are widely known and advice had been given to the bakery in 2007. The associated health hazards include irritation to the eyes and nose, occupational dermatitis and occupational asthma.
"All company directors must remember they have a duty to ensure their staff arrive every day to a safe working environment. This case has shown the importance of maintaining equipment in a safe condition and HSE is planning a series of inspections in the county for later in 2010 - to raise standards and protect the people who work in bakeries."
Ed - reg 4(2) of the Electricity at Work Regulations 1989 states: "As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as is reasonably practicable, such danger."
Elderly resident left with first degree burns
A company which runs a nursing home in Essex, Rootcroft Limited, has been fined after an elderly man was lowered into a bath filled with water possibly as hot as 72°C.
Michael Ginn (72) was living at West House Nursing Home in St Vincent's Road, Westcliff-on-Sea, Southend, when he suffered first degree burns to his feet on 5 May 2009.
Mr Ginn, who is unable to walk, was being bathed by two care assistants. He was lowered into the bath using a hoist but immediately began to cry out that the water was too hot. Despite being quickly raised out of the bath and having his feet immersed in cold water, Mr Ginn suffered first degree burns to both feet and was kept overnight at Southend Hospital.
Rootcroft Ltd, of 71 Sunnyfield, Mill Hill, London, which runs the nursing home, appeared at Southend Magistrates' Court today and admitted breaching Section 3(1) HSWA.
The company was fined £5,000 and ordered to pay £5,989 in costs. The company was also ordered to pay the victim £500 in compensation.
Investigations found no thermostatic mixing valve was fitted to the water supply to prevent the temperature exceeding 44°C. The bath was supplied with hot water from one of two tanks where the water was stored at 67°C and 72°C when checked by inspectors.
Staff had been instructed to check the water temperature with a thermometer before bathing a patient but no checks were made by management to ensure this was taking place. One member of staff told inspectors they used a gloved hand to check how hot the water was, which would have given a deceptive impression of its true temperature.
Inspectors also found residents were at risk of contracting Legionnaires' disease as both the hot and cold water was being stored at temperatures which would have allowed bacteria to grow.
The company had also failed to act on previous guidance on the need to maintain safe hot water given by the Care Quality Commission and Essex County Council.
HSE Inspector Sue Matthews said: "Rootcroft Ltd failed in its duties and instead a vulnerable resident suffered a painful injury. This could have been worse - several fatal scaldings have occurred in healthcare settings since 2001.
"This incident was entirely avoidable and could have been prevented at little cost. Thermostatic mixing valves have been required for many years where vulnerable people are being bathed and health and safety advice for care homes is readily available.
"It's unacceptable that residents were also at risk of contracting Legionnaires' disease, which they would have been particularly vulnerable to due to their age and medical conditions."
Ed – As I repeatedly observe an entirely avoidable incident
American Airlines fined after ground worker loses leg
American Airlines has been fined £70,000 after one of its workers had to have his leg amputated following an incident at Heathrow Airport.
On the evening of 11 November 2008 ground support worker Kulwant Bhara, 45, from Slough, was preparing an aircraft at Terminal 3 at London Heathrow Airport. A 70-tonne 'pushback tug', used to move aircraft from the departure gate, had finished manoeuvring a plane into position and was leaving the stand.
The vehicle was reversing when it knocked Mr Bhara to the ground, running over his right leg. He fractured his right ankle and left heel and suffered cuts to his head and left leg. As a result of the incident, his right leg had to be amputated just below his hip.
Mr Bhara who has not been able to work since, said: The incident has effectively turned my life upside down and has affected both myself and my family drastically in a number of different ways.
"Because of the difficulty of mobility, the pain I am in and the overall effect of [the] incident it means that I am unable to involve myself in the normal family events. I have to be careful at all times because of the mobility I have lost in which most people take for granted."
The HSE showed that the tug did not have reversing lights nor an audible reversing alarm.
American Airlines Incorporated, which has its UK offices in Staines Road, Hounslow pleaded guilty to breaching regs 24 and 28(f) PUWER. The company has been fined £70,000 and ordered to pay full costs of £10,581.25 at the Central Criminal Court.
HSE Inspector John Crookes said:
"Mr Bhara suffered injuries of a life changing nature, which were in part due to American Airlines failing to follow internal guidance requiring modification to pushback tugs. By failing to identify the problems with this tug over many years, the company fell well below the expected standard of safety management for a major international airline.
"Vehicle movements are one of the main risks facing airside ground support workers in the aviation industry. This is why it is crucial for companies to ensure the vehicles are properly fitted with reversing lights and audible warning alarms."
Ed – some of the rarer provisions of PUWER so here they are:
Regulation 24 of the Provision and Use of Work Equipment Regulations 1998 states: "Every employer shall ensure that work equipment incorporates any warnings or warning devices which are appropriate for reasons of health and safety."
Regulation 28(f) of the Provision and Use of Work Equipment Regulations 1998 states: "Every employer shall ensure that, where self-propelled work equipment may, while in motion, involve risk to the safety of persons if provided for use at night or in dark places that: (i) it is equipped with lighting appropriate to the work to be carried out; and (ii) is otherwise sufficiently safe.
Boss fined £20,000 after worker loses foot
The owner of a Penrith wood processing plant has been fined £20,000 after a worker had his foot completely severed by a log shavings machine just two weeks into his new job. Costs of £6,146 were also imposed.
Allan Wilson Jenkinson, aged 56, of Clifton Moor, Clifton, Penrith, was prosecuted by the HSE.
The machine which injured the worker at A W Jenkinson Forest Products
Penrith Magistrates Court heard that a 24-year-old employee was using a chainsaw to deal with a stuck log in the log box at the end of a conveyor. He lost his balance and his right foot became caught in the 48 razor-sharp revolving blades at the bottom of the log box.
The employee, who was working alone, crawled out of the log shavings box and used a radio to call for help. He had only worked at the firm for 15 days on a temporary contract before the incident occurred on 25 June 2009. He was a keen footballer and sportsman who had an upcoming trial with a local football club.
The HSE investigation concluded that Allan Jenkinson had failed to ensure that safe systems of work associated with the shavings machine were in place. Since the incident, his company has installed fixed guards around the machine to prevent workers from being able to access the conveyors and logs boxes.
Following the case, Faye Wingfield, the investigating HSE inspector, said:
"Life-changing incidents such as this one are easily preventable, and it must be a high priority for employers to ensure that their workers are kept safe from serious injury and death at work.
"This case illustrates the personal consequences suffered by employees when workplace risks are not managed effectively. Employers who operate machinery are required to identify the risks associated with its use and establish what needs to be put in place so that work can be carried out safely. Safe systems of work should be devised and implemented, including the provision of appropriate worker training, supervision and personal protective equipment."
Allan Jenkinson pleaded guilty to breaching s2(1) HSWA.
Recycling firm in court after worker loses leg
WSR Recycling Ltd, a recycling company has been fined £10,000 after a worker lost part of his leg when he was crushed by an 18-tonne truck.
The recycling site site where the worker was crushed by an 18-tonne truck
The 46-year-old man, who has asked not to be named, was working in a tipping bay at the company's Ditton Road site in Widnes on 14 September 2009 when he was struck by a Volvo L110E articulated shovel loader.
WSR Recycling admitted it did not ensure pedestrians and vehicles could move around the bay safely when it appeared before Halton Magistrates' Court in Runcorn on 21 June 2010.
Chris Goddard, the investigating inspector for HSE, said:
"This worker has suffered a life-long injury as a result of a tragic incident and was very fortunate not to have been killed. He was run over by a very heavy vehicle, so his injuries could easily have been much worse.
"It was foreseeable that pedestrians would be working in the same area as trucks, and so measures should have been taken to manage the risks. The site should have been properly supervised so that workers were kept away from moving vehicles.”
WSR Recycling pleaded guilty to breaching reg 17 Workplace (Health, Safety and Welfare) Regulations 1992. The company was ordered to pay £6,338 towards the cost of the prosecution in addition to the fine.
Ed - reg 17 of the Workplace (Health, Safety and Welfare) Regulations 1992 states: "Every workplace shall be organised in such a way that pedestrians and vehicles can circulate in a safe manner [and]...suitable measures are taken to ensure that...where vehicles and pedestrians use the same traffic route, there is sufficient separation between them."
Fined for potential asbestos exposure
A Teesside engineering firm where two workers were potentially exposed to asbestos fibres has been fined a total of £3,000 for failing to protect their employees.
Darchem Engineering Ltd, of Aberdeen pleaded guilty to breaching Regulations 10(1) and 4(3) of the Control of Asbestos Regulations 2006 at Teesside Magistrates Court.
The court heard how on 13 November 2008, two maintenance workers were relocating a junction box in the Aerospace reception area at the company's site in Ironmasters Way, Stillington, Stockton on Tees. This required them to drill into asbestos insulation board without taking appropriate precautions.
Darchem Engineering Ltd failed to adequately manage the risks from asbestos on the site and as a result the two workers were potentially exposed to asbestos fibres.
When in good condition and undisturbed, asbestos-containing material presents no problem. However, when damaged or disturbed, it can release fibres that, if inhaled, can cause a number of fatal or serious respiratory conditions.
After the case, HSE Inspector Andrew Mulligan said: "Around 20 tradesmen a week are dying from asbestos-related diseases. Darchem Engineering Limited failed to manage the risks from asbestos on the site, potentially exposing two of its workers to these hazardous fibres.
"A suitable and sufficient assessment should have been carried out and the company should have made sure that their employees had adequate information, instruction and training.”
Darchem Engineering Ltd was also ordered to pay £5,266.62 in costs.
High voltage shock lands stationery firm with fine
Chart Design Limited, a stationery manufacturer has been fined after admitting exposing a worker to a high voltage shock that left him permanently disabled.
The man was investigating a fault on a plastic welding machine when his fingers came into contact (or very close contact) with components carrying several thousand volts.
The shock severely burned his right hand and forearm, and damaged several muscles. He was hospitalised for 14 days and has since had to undergo skin grafts. He has not regained full use of his right hand and has been unable to return to work.
The investigation revealed that guard panels which should have prevented access to live circuits had been removed. Inspectors discovered that no record of maintenance checks was kept for any of the machines at the factory.
The company also had no first aiders.
Chart Design Ltd - of Luxton Close, Dury Way, Wembley - pleaded guilty to breaching s2(1) HSWA at the City of London Magistrates' Court. It was fined £4,000 and ordered to pay costs of £6,330.
HSE Inspector Kerry Williams said: "A man's life has been turned upside down because of entirely preventable and basic safety failings. It is the responsibility of all managers to make sure that all maintenance work is properly planned and recorded and that adequate guards are fitted to all machinery when it is in use.
"If these simple things had been done it is unlikely that he would have suffered these horrendous injuries. But this incident could have been much worse - instead of losing the feeling in his fingers, he could have lost his life."
Company failed to check for dangerous asbestos fibres
Norwegian Homes Limited was responsible for demolishing the former Cellar Cover Hotel at Droskyn Point, in Perranporth in July 2006, which was being converted into guesthouses and holiday apartments.
During a visit to the site, inspectors from the HSE discovered suspected asbestos insulation boards underneath a caravan, in polythene sacks and in the ashes of a bonfire. The samples were later confirmed as containing asbestos at the Health and Safety Laboratory.
Truro Magistrates Court heard how there were no measures in place to properly remove the asbestos-containing material, nor were there any protections in place for staff working on the site.
Norwegian Homes pleaded guilty on 26 May 2010 to breaching Regulation 15 of the Control of Asbestos at Work Regulations 2002. As well as the fine of £4,500 the company was also ordered to pay £11,942.85 in costs.
HSE inspector, Martin Lee, said:
"Norwegian Homes should have carried out a survey for the presence and quantity of asbestos in the building, prior to demolition. This incident was entirely preventable and the clean-up costs far outstripped the costs of a survey and safe removal of the asbestos material."
Ed – reg 15 CAWR imposes a duty on every employer to prevent or, where this is not reasonably practicable, reduce to the lowest level reasonably practicable, the spread of asbestos from any place where work under his control is being carried out.
Building firm puts workers and others at risk
Stan Alexander, a director of Alexson Homes, his son Conrad and a fellow director, Dean Mason were dismantling part of the roof of a former children's home in Coalpit Lane, Brereton on 8 February 2010. There were no measures in place to prevent them falling from the roof of the building, putting them at serious risk of falling almost five metres.
The men also put other people on site at risk by dropping materials off the side of the roof in an uncontrolled manner. An investigation concluded that the roof edge should have been fitted with scaffold edge protection and a rubble chute to protect other workers on site.
Alexson Homes Limited, based at Parker Road, Ashmore Park in Wolverhampton, pleaded guilty at Stafford Magistrates Court to breaching Regulations 6(3) and 10(3) of the Work at Height Regulations 2005. As well as the fine, it was also ordered to pay £900 in costs and was fined £6,600.
Prosecuting HSE Inspector, Martin Overstall, said "All too often HSE Inspectors are called out to serious or fatal incidents in roof work where the precautions are minimal or absent - it is simply not good enough.
"Alexson Homes Limited was extremely lucky that no one was injured when working in such unsafe conditions.”
"Building firms must plan a safe method of working, before starting to work on a site. They must put the right precautions in place to protect their workers
Women flung from fairground ride
The owner and inspector of a faulty fairground ride have been convicted of health and safety breaches after two women needed hospital treatment after being flung from it.
The HSE prosecuted the owner and the inspector of the Orbiter ride at Moxley Park Fairground in Bilston, West Midlands for breaching health and safety regulations.
Wolverhampton Magistrates Court heard how Jessica Oseland and Alison Foxall were on the 27-year-old revolving ride on 6 May 2006 when the incident happened.
Ms Foxall suffered head, neck and back injuries, but was released from hospital soon after the incident. However, Ms Oseland received severe spinal injuries and spent months recovering at a specialist centre, before moving to a specially adapted house.
Thomas Denzil Jones, of Cradley Heath, pleaded guilty to breaching reg 5 PUWER. He was fined £15,000 and ordered to pay £5,000 costs.
Fairground Inspection Services, the company tasked with carrying out safety tests on the ride, was ordered to pay £35,000 compensation to Ms Oseland after pleading guilty to breaching s3(1) HSWA.
The Orbiter featured a rotating vertical pole with six arms - each holding a cluster of spinning cars. The car the two women were in broke away from the arm and was flung through the air before coming to rest near an adjacent fast-food stall.
The ride had only been operating for 20 seconds and was not up to full speed when the malfunction occurred. The court heard that if it had been up to full speed, the consequences for the women, and those in the vicinity of the ride, could have been fatal.
An investigation showed the there was a failure of a weld that held the car to the ride. Despite receiving an annual inspection, which took place just weeks before the incident, the problem was not detected.
HSE inspector Gareth Langston said: "These two young women suffered serious injuries but the results could have been much, much worse. If the ride had been at full speed, we could have been looking at a fatal incident, with possible injuries to other passengers on the ride as well as onlookers.
"As the ride's owner, Mr Jones had a duty to ensure his ride was maintained in good working order, while Fairground Inspection Services had a duty to carry out a thorough inspection. They both failed in their responsibilities and have left these two young women with life-long injuries."
Ed - In November 2009, Fairground Inspection Services admitted failing to properly examine a similar ride in Suffolk, breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. It was then ordered to pay a £8,000 fine with £1,000 costs.
Sign workers injured after scaffold collapse
A County Durham man has been successfully prosecuted after he injured himself and another person when repairing a sign over 8m from the ground.
The HSE prosecuted Sohail Hussain, 40 based at Seaham, following the incident at the Metro Inn, Stockton on 19 November 2009.
The company had been hired by the manager of the Metro Inn to carry out repairs to a wind-damaged sign above the entrance to the hotel.
Mr Hussain, helped by another man, from Sunderland, erected a 4.5m scaffolding platform, on top of which was an extension ladder to get high enough to reach the sign, which was 8.62m off the ground.
Mr Hussain carried out the repair work from the ladder, whilst the other man stood on top of the platform with nothing to prevent him from falling off the edge. Due to high winds and the unstable platform, it gave way, causing both men to fall onto the hotel car park below.
Mr Hussain suffered injuries to his knee and the other man suffered a fractured right wrist and dislocated his right elbow.
Mr Hussain, Dalton Heights, Seaham, pleaded guilty to breaching reg 6(3) of the Work at Height Regulations when he appeared at Teesside Magistrates’ Court. He was fined £1,000 and ordered to pay costs of £1,000.
After the case, HSE Inspector Jonathan Wills said:
“Both Mr Hussain and the other man are lucky to be alive. The platform erected by Mr Hussain bore no resemblance to the correct standard. This incident was entirely avoidable and should not have happened. Working at height is one of the most obvious and well-known dangers for those involved in the repair or maintenance of buildings.
“Not only was the scaffold unstable due to its height to base ratio, but it also did not include anything to prevent workers falling from its edge, such as guard rails.
“The decision by Mr Hussain to support the ladder on top of the platform was ridiculous and utterly unacceptable. Had he used mobile elevated work equipment, such as a scissor lift, or a tied in scaffold, then this potentially fatal incident could have been avoided.”
Food firm sentenced after worker's finger severed
Bradford food manufacturer Arcadia Food Industries Limited was prosecuted after an incident in which the machine severed one of the employee's fingers and badly cut the other.
Bradford Magistrates Court heard the man was preparing the machine for use when he reached into the discharge hatch of a spice mixing machine. His hand came into contact with rotating paddles within the machine. The HSE investigation found this area should have been impossible to access when the machine was running.
An HSE inspector had already warned Arcadia about insufficient guarding on equipment during an earlier inspection.
The company pleaded guilty to breaching regulation 11(1) PUWER over the incident on 6 October 2009. It was fined £4,000 and ordered to pay £3,080 costs for failing to act on the earlier warning and failing to adhere to PUWER requirements.
Following the hearing, HSE Inspector Neil Hunter said:
"The very fact Arcadia Food Industries had already been warned to improve safety makes this such a frustrating prosecution.
"Fitting suitable guards is not costly, time consuming or difficult and had they been in place this incident would not have occurred and a painful and debilitating injury could have been avoided.
"A suitable and sufficient risk assessment would have identified the need for control measures, such as guarding, to prevent access to moving parts within the mixing machine.
"This case clearly demonstrates the value of taking time to properly assess potential risks, to identify control measures and to act findings when issues are raised or warnings are given."
Lack of traffic control leaves worker injured
A vehicle hire company, SHB Hire Limited from Hampshire, has been fined £5,000 after a worker was hit by a moving vehicle in West London.
Westminster Magistrates' Court heard that on 29 January 2008, a mechanic working for SHB Hire Ltd was asked to repair a vehicle at the site in Uxbridge Road, Southall. In order to get the vehicle from the yard he needed to move another parked vehicle, so he reversed a Ford Transit 350 tipper.
At the time Matthew Stevens, 35, from Brentford was cleaning a different vehicle when he saw the reversing tipper coming towards him. He tried to get out of the way, by jumping on the bonnet of vehicle he was cleaning but his legs were hit by the tipper. He suffered bruising and swelling to both his lower legs.
After the incident, an Improvement Notice was served by the HSE ordering the company to segregate pedestrians and organise the yard area. The notice was complied with and action has been taken to separate the valeting area and a neighbouring school's car park.
The company pleaded guilty to breaching section 2(1) HSWA. The company was fined £5,000 and ordered to pay costs of £2,815.
Following the hearing, HSE Inspector, Jack Wilby said:
"S.H.B Hire failed to properly manage the risks and control the movement of its vehicles at its Southall site - ultimately leading to a worker becoming injured.
"While the injuries in this case were minor, the poor conditions of the yard and the failure to adequately manage the risks could have easily resulted in a more serious injury.”
Construction company sentenced after foot amputated
A construction worker needed his foot to be amputated after it became trapped by a metal sheet being driven into the ground at an excavation site in Barry.
Barry Magistrates' Court today heard details of the horrific incident as his employers, Morgan Est plc were prosecuted by the HSE for failings leading to the injury.
Clive Morgan, 46, from the Rhondda, was installing piles into the ground to prevent the collapse of an excavation for an underground pumping station at Barry Ponds.
Mr Morgan was standing on a horizontal beam in place to guide the pile into position, when his foot became trapped between the sheet and the beam, injuring his left foot so seriously it had to be amputated.
The company pleaded guilty to a charge under s2(1) HSWA and were fined £12,000 with costs of £11,213.
The incident happened in February 2008 and the HSE investigation demonstrated that the work Mr Morgan was involved in was not being carried out in a safe manner, in that no-one should be standing close to a metal pile as it is being lowered into position.
Ed - In March 2010 Morgan Est plc pleaded guilty to safety breaches resulting in a man's arm being torn off at a water treatment plant in Huddersfield in March 2008. The firm was fined £6,000 and ordered to pay costs of £2,163.
The company was also ordered by the court to pay £5,000 compensation to Mr Morgan.
Selby company fined after explosion injures worker
A worker at a company providing anti-corrosion solutions to industry was severely injured when a build up of gas vapour in a road tanker exploded a court heard.
The employee, who does not wish to be identified, suffered a fractured skull and severe burns to the legs arms and face when gas vapours from a liquid petroleum gas (LPG) heater, previously placed in the interior of the road tanker, ignited blowing him off his feet.
Repair Protection and Maintenance Limited (RPM) of Roall Lane, Kellington, near Selby, was prosecuted by the HSE after breaching reg 4(2) of the Confined Spaces Regulations 1997, and reg 3(1) (a) MHSWR 1999 after the incident on 7 July 2008. RPM were fined £3,250 and ordered to pay costs of £2656.60.
Selby Magistrates Court heard how the man was caught in the blast when a spark from an attempt to re-light the LPG heater ignited flammable gases which had accumulated in the confined space of the tanker. The heater was being used as part of the preparation for a coating treatment.
As a result of the incident, the man has lost most of his sense of smell and his hearing has been impaired. A second worker escaped with minor injuries.
The investigation found that the heater was found not to be working when the vapours ignited causing the explosion.
Following the hearing HSE inspector Jacqueline Ferguson said:
"Even though the gas heater was not running, RPM's failure to carry out a risk assessment and pre-entry testing for toxic or flammable vapours in the tanker was unacceptable.”
Ed - reg 4(2) Confined Spaces Regulations 1997 states that..."No person at work shall enter or carry out any work in or (other than as a result of an emergency) leave a confined space otherwise than in accordance with a system of work which, in relation to any relevant specified risks, renders that work safe and without risks to health."
Reg 3 (1) (a) of the Management of Health and Safety at Work Regulations 1999 states that "...every employer shall make a suitable and sufficient assessment of - (a) the risks to the health and safety of his employees to which they are exposed whilst they are at work."
Roof fall
Woodgate Sawmills Limited, and Stanley John Frederick Stephens of The Longhope Welding Company (a partnership) were prosecuted by the HSE after Robert Stephens fell through a fragile skylight while working on the roof of a sawmill building at Mile End, Coleford, Gloucestershire.
On 1 June 2007 Mr Stephens, 40, from Longhope, was working for his father, Stanley, alongside fellow Longhope Welding Company employees to raise the roof line of the Woodgate Sawmill building at Mile End, Coleford, when he fell 5m and landed on the concrete floor below, sustaining serious head injuries.
At a hearing before Gloucester Magistrates, Woodgate Sawmills Ltd of Hill Street, Lydney, Gloucestershire pleaded guilty to four breaches of the Construction (Design and Management) Regulations 1994 and 2007 and was fined a total of £13,320 and ordered to pay costs of £14,443.
Stanley Stephens of Church Road, Longhope, Gloucestershire pleaded guilty to breaching sections 2(1) and 3(1) HSWA. He was fined a total of £26,660 and ordered to pay costs of £14,443.
Speaking after the hearing, HSE inspector, Annette Walker, said:
"This incident highlights the extremely serious risks posed by working at heigh if adequate safety protection measures are not in place.
"The investigation revealed significant failures in the safe systems of work for the removal of the roof sheets and also significant failure to control risks of working at height during all of the stages of the sawmill refurbishment. Robert Stephens was supervising two other employees who were also at risk, one of whom was only 17 at the time of this incident.
"The sawmill remained open during all of the works and employees working below were also at risk from persons or objects falling on them. Robert's fall could easily have proved fatal."
Bradford motor parts firm fined after worker injured
A Bradford company manufacturing precision parts for the motor industry has been prosecuted for failing to safeguard a machine that severed the tip of an employee's finger.
Bradford Magistrates Court heard how on 10 March 2009, employee Allan Formoy, 57, from Bradford used his finger to free a mechanical jam in a machine used to feed metal pins onto a grinding line at Federal Mogul Bradford Ltd's premises on Neville Road in the city.
Mr Formoy's finger became trapped in the machinery and the tip was severed.
The investigation found control measures to prevent such an incident at the firm, part of global engineering giant Federal Mogul Corporation, were not in place.
Federal Mogul pleaded guilty to two health and safety breaches – reg 11(1) PUWER and reg 3 (1) MHSWR 1999. The company was fined £10,000 and ordered to pay £5,000 costs.
Following the hearing, HSE Inspector Morag Irwin said: "A suitable and sufficient risk assessment would have identified the need for control measures, the most obvious being guarding, to prevent access to the step feeder.
"Fitting guards is not a costly, time-consuming or difficult task, and had they been in place this incident would not have occurred and a painful injury could have been avoided.
"This case demonstrates the value in spending the time to do a suitable risk assessment, identify the control measures required and act upon these findings".
Chemicals company fined for environmental offences
At Bradford Magistrates’ Court Brenntag UK Limited (“Brenntag”) pleaded guilty to three breaches of its environmental permit for its site at Albion Mills, Oxford Road, Gomersal.
The company, of Albion House, Rawdon Park, Green Lane, Yeadon, was fined £5,000 for each offence and was ordered to pay full prosecution costs of £2,567.88.
The court heard Brenntag stores, processes and manufactures and distributes inorganic chemicals at its Gomersal site, licensed under an environmental permit from the Environment Agency.
Craig Burman, prosecuting for the Environment Agency, said the company was granted the permit in 2005 when trading as Albion Chemicals Limited
The court heard that the permit limits the amounts and locations of emissions to air during the manufacturing process, and requires emissions to be monitored. Other conditions include the requirement for appropriate actions following an incident and the need to notify the Environment Agency swiftly of any permit breaches.
Mr Burman said the three charges relate to an emission of particulates from the scrubbing system on 14 May 2009.
Brenntag’s environmental consultants, who carry out the monitoring, notified the company of an emission breach on 5 June 2009, prompting it to check its equipment and discover damage to a pump.
The company ordered a replacement pump, which was installed on 10 July 2009, but between 5 June and 10 July manufactured chemicals on seven occasions. Some of these processes generated particulates through the use of zinc oxide, which can be toxic to aquatic life.
Tests later in July found emissions to be within permitted limits.
Mr Burman said Brenntag was required to notify the Environment Agency promptly that it had breached an emission limit but this was not mentioned until a routine inspection by officers on 8 October 2009.
Odour incident costs £20,000 in fines
On Monday 28 June 2010, Robinson Brothers Ltd of Phoenix Street, West Bromwich, pleaded guilty at West Bromwich Magistrates Court to charges relating to the escape of odorous gas.
The charges were brought by the Environment Agency under Section 32 of the Pollution Prevention and Control Regulations 2000. Robinson Brothers Ltd were fined £10,000 and ordered to pay costs of £9,584.09 plus the victim surcharge of £15.
For the Environment Agency, Barry Berlin told the court that Robinson Brothers Ltd manufactured various chemicals, including a liquid gas odorant which is injected into the mains gas supply to give it its characteristic smell.
The company was required under a permit issued by the Environment Agency to use the best available techniques to prevent odour from escaping during this process. The principal control was when filling and emptying vehicles, when the highly odorous gases are extracted to the plant’s incineration system.
On 5 August 2008, while clearing out an empty tanker, technical problems occurred which caused gas odorant to escape. Back-up systems, including the standby burner, failed to operate successfully and odorous emissions were released from the main chimney for between 10 and 30 minutes, causing serious odour problems in the neighbourhood.
Multiple reports from members of the public and businesses about a smell of gas (111 calls) were received by National Grid and traced to Robinsons. They showed that the odorous plume reached as far as Brownhills some 8 miles away.
Investigations by Environment Agency officers revealed that, in addition to the technical failures, there was no written process for staff to follow in the event of a failure.
Robinsons had been on notice of the failure of the standby burner on at least two previous occasions, in October 2001 and October 2007. It had failed to ensure that best available techniques were implemented following these failures and as a result the system failed again in 2008.
Speaking after the case Ian Kelcey, an Environment Agency Officer involved in the investigation said: “ This incident caused widespread nuisance and alarm to many people and should have been prevented. We will not hesitate to prosecute where such incidents occur and the circumstances justify.”
Southern Water fined for polluting river with raw sewage
Southern Water was fined £3,000 after it admitted polluting 2km of a Sussex stream with raw sewage, killing up to a hundred brown trout and devastating the fish population for the second time in five years.
Crawley Magistrates’ Court heard that the Environment Agency received calls from members of the public after dead fish were seen in the Sunnyside Stream in East Grinstead on 30 August 2009.
Environment officers who went to the site found nearly 100 dead brown trout along 2km of the stream. Water sampling take at the site found that dissolved oxygen in the stream was as low as 25 per cent along the stretch and there were traces of ammonia in the water.
Officers traced the source of the pollution to a sewer pipe in nearby Brooklands Park. Subsidence below the pipe led to it buckling and eventually breaking, which led to the sewage getting into the stream.
The court heard that a similar incident in September 2005 occurred along the same sewer line running through Brooklands Park. That killed nearly 500 fish in the same stream, and it is probable that the fish population was still recovering, which led to less deaths on this occasion.
The company knew that the sewer was in an environmentally sensitive location, and a Hawkeye remote telemetry system was installed in 2008. This triggers alarms if flows exceed or fall below certain thresholds. However, in this instance, because the leak was a slow one the system did not pick it up.
Environment Agency Area Manager James Humphrys said: “The Environment Agency tries to take a constructive approach to regulation and avoid unnecessary prosecutions. This was clearly a serious incident which affected the health of the stream and led to the deaths of around 100 brown trout. The stream is also home to brook lamprey, which are a protected species.
“This is the second time the stream has been spoiled by sewage pollution, and we are pleased the court has given Southern Water a hefty financial reminder to all water companies and other businesses that they must take their environmental responsibilities seriously. “
Southern Water pleaded guilty to one charge of polluting a water course in breach of Water Resources Act. The court fined the company £3,000 and ordered it to pay £4,833 costs and £15 victim surcharge.
Large scale dumping of waste costs £14,456
Conrad Neil Arnold has pleaded guilty to four offences and Malvern Company Woodstock UK Ltd were found guilty of two charges relating to the illegal dumping of industrial, commercial and household waste in Guarlford, Malvern.
Mr Arnold, aged 38 of Madresfield Road, Malvern, was fined £8,000 and ordered to pay costs of £1,700 as well as a victim surcharge of £15. Woodstock UK Ltd, which knowingly permitted the illegal waste activity to take place on their land, were given a conditional discharge and ordered to pay costs of £4,750.
For the Environment Agency, Barrister Sasha Blackmore told Worcester Magistrates’ Court that during part of October and November 2007 Conrad Arnold operated an illegal waste transfer station under the business name Malvern Handyman Services at Woodbridge Farm, Guarlford with the permission of the landowner, Woodstock UK Ltd.
In October 2007, acting upon information received, officers from the Environment Agency, Malvern Hills District Council and the Police visited an area known as ‘The Coppice’ about 700 metres east of Woodbridge Farm.
They found large quantities of waste deposited and partially buried in an old marl pit to the left of the wood. The waste included wooden pallets, plastic tubing, guttering, a washing machine, a bath, chipboard, tyres, plastic sheeting, glass, printers, a lawn mower, LPG cylinders, tarmac, two cars, televisions etc.
Speaking after the case Terence Broadbent, an Environment Agency officer involved in the investigation said: “This was not just a one-off fly-tipping incident. It was an ongoing and organised commercial disposal operation. We urge companies, businesses and members of the public to make sure that when they arrange for other people to take away their waste, they validate that they are using registered waste carriers. It is very simple to check their details are valid by using our website, or by directly calling “
During the hearing, District Judge Morgan said Mr Arnold was saving himself a great deal of money, but on a positive note the rubbish has now been removed.
In mitigation, the court heard how Woodstock UK Ltd had spent £12,000 on a digger and removed the waste in the coppice and now had locked gates to prevent entry to the premises.
The charges were brought by the Environment Agency under Section 33 (1) of the Environmental Protection Act 1990.
Fined for pollution that killed swans
Plastic bottle recycling company AWS Eco Plastics has been fined a total of £19,500 and ordered to pay full Environment Agency costs of £8,447 for twice polluting a dyke with oil at Hemswell Cliff, Gainsborough.
Lincoln Magistrates’ Court was told that the polluted dyke was in a protected zone for water abstracted by Anglian Water for drinking.
The first time oil went into the water in October 2008 it ended up in the corner of Hemswell Cliff lake and two adult mute swans from a nesting site at Helmswell Cliff died as a result, Miss Claire Bentley told the court.
Eco Plastics had contacted the Environment Agency to tell them that there had been a spill of about 1,000 litres at its site. A night workman had been filling generators on a roof with diesel from a main tank which was on the ground floor and had forgotten to turn off the pump for more than two hours.
The oil was running into surface water drains at Hemswell Cliff and into an interceptor 36 metres upstream of Hemswell Cliff Sewage Treatment Works, Miss Bentley told the court.
Environment Agency officers advised blocking drains on the roof straight away to prevent any further pollution and cleaning of the roof.
On a visit almost two weeks later an Agency officer found that booms and absorbent pads were saturated with oil, although the drain was clear further downstream before the final boom, but the roof had still not been cleaned and contaminated soil at the premises had not been removed, said Miss Bentley.
A month after the incident there was still a need for more cleaning, she said.
In March 2009 there was another spill estimated to be about 740 litres of diesel when an unknown member of staff left a pump running while filling a fork lift truck.
A month later there was still diesel mixed with algae on top of the lake although the water was much cleaner.
After the first incident a company representative told investigating officers that the arrangement of filling generators on the roof from the main tank on the ground was a temporary arrangement during which time the generator auto-cut off system did not work. He said the company had not had time to carry out a risk assessment.
He said the spill kit was running low as there had been a smaller spill four days before and no records of the spill had been kept because the records system was new.
After the second incident, the former site manager told investigating officers that the member of staff who had left the pump running had not been authorised to fill the fork lift truck. An alarm only activated when the pump was on automatic mode but on this occasion it had been on manual mode. He admitted that the procedures had not been revised since the first spill.
Since then, he said, a new Standard Operating Procedure for diesel pumping had been introduced, a secure padlock had been fitted to the generator room door, an audible and visual alarm had been fitted to the day tank and outlets from the tank plugged. The company planned to switch from diesel to gas.
Miss Bentley told the court that in both pollutions there had been significant environmental impact for about 650 metres downstream, adversely affecting the amenity and chemical water quality. ‘There was evidence of poor management on site.’
‘Both incidents required extensive clean-up measures with the clean-up contractors still visiting the site for more than a month after each incident.’
In mitigation, Jonathan Dunkley said that in August 2009 the site suffered a devastating fire in which temperatures reached 850 degrees centigrade yet no diesel was lost from the mechanical infrastructure. He said that this was testament to the measures the company had taken since the second spill.
After the hearing Environment Agency officer James Finch said: “Unfortunately oil pollution is a common problem, and a lack of infrastructure and poor management are not acceptable. Pollution Prevention should be common practice.
“The second incident was completely foreseeable as procedures had not been adequately improved since the first spill.
“We want to work with businesses to protect the environment from pollution through preventative measures. However, when the environment is damaged; the polluter must pay.”
Fined £12,000
The Environment Agency and Lancashire Police have helped to secure £315,500 in fines and costs under the Proceeds of Crime Act and environmental legislation, for ‘organised crime’ carried out in Lancaster.
David Peters and Tracey Noble pleaded guilty to offences concerning the operation of a scrap metal yard, at Preston Crown Court. They were ordered to forfeit items from the business including a forklift truck and an HGV, as well as receiving a hefty fine. The site did not have the required environmental permits in place to carry out these activities, and was undercutting legitimate businesses.
Both defendants could face imprisonment if they fail to pay the debts within six months.
The prosecution came as a result of Operation Blade, which saw joint working between the Environment Agency and Lancashire Police to investigate and tackle illegal waste activity across the county. The Environment Agency has the power to seize assets under the proceeds of crime legislation, and worked closely with the police and Crown Prosecution Service to ensure the legislation was used to maximum effect.
A site visit to Ridge Farm, Lancaster, carried out as part of the operation, found hundreds of vehicles being held on site in various states of disrepair. The site was not set up to handle the hazardous wastes and liquids which come from vehicles. There were no sealed drainage system and vehicle parts were not stored on a suitably impermeable surface. As such, the site could cause significant harm to the environment.
Liz O’Neil, Area Manager for the Environment Agency said:
“We have the legal powers through the Proceeds of Crime Act to seize property and assets where it is proved that these environmental criminals benefited from their actions.
“We have dedicated environmental crime teams within the Environment Agency and have worked closely with Lancashire Police to bring these criminals to justice.
“This enables us to fulfil our role to protect and improve the environment and ensure that illegal waste sites do not have an unfair and detrimental impact on legitimate business and local communities."
Sgt Fraser Earnshaw, Lancashire Police, said: “This is a very satisfying result for a multi-agency operation, that involved the Environment Agency, the police and our financial investigators and support units, along with other partners such as Health and Safety and the local council.
“This result goes to prove that partner agencies will work together to relentlessly pursue those who are involved in organised crime so that we can bring them before the courts and obtain justice.”
Robert Smith, Crown Advocate for the Crown Prosecution Service in Lancashire said: “This was a deliberate attempt by David Peters and Tracey Noble to operate a scrap metal business illegally so that they could make as much money as possible in a short space of time without having to keep to the regulations that apply to the waste management industry. As well as prosecuting them for this illegal operation, by charging them under the Proceeds of Crime Act, we are ensuring that they can’t keep hold of the money they amassed in this way.”
Care home owners fined £10,000 for sewage offence
The Environment Agency has prosecuted the owners of a West Sussex care home for causing sewage to be illegally discharged into a tributary of the River Arun.
Mr Shafik Sachedina and Mr Shiraz Boghani, who run the Clemsford House Care Home at Broadbridge Heath, near Horsham, appeared at Crawley Magistrates Court on Monday 14 June 2010. Both men pleaded guilty to the offence and were each fined £5,000 and both ordered to pay costs of £537.50 in addition to £15 each in victim surcharge.
The Court heard that Clemsford House has a consent that allows carefully monitored discharges from the sewage treatment works at the care home to a tributary of the River Arun which should not exceed the level of 25mg/l of Biochemical Oxygen Demand (BOD) and 45mg/l of suspended solids.
On 12 February 2010, an Environment Agency officer visited the care home to undertake routine sampling of the sewage treatment works that serves the property. When analysed the sample showed that the BOD level was 122mg/l, almost five times the permitted figure, and the suspended solids level was 70.2mg/l.
Also taken into consideration by the Court was a further offence that took place in October 2008. On this occasion the BOD level was 44.2mg/l and the suspended solids level was 337mg/l – over seven times the allowed limit.
Commenting on the case, Jackie Yeates of the Environment Agency said: “Mr Sachedina and Mr Boghani were both responsible for ensuring that their sewage discharge complied with the strict conditions that we put in place to protect the local environment. Despite this, two serious discharges of sewage occurred from their property and also the possibility of harm to an environmentally sensitive watercourse.”
In mitigation, Mr Sachedina and Mr Boghani apologised for the incidents and have spent nearly £180,000 in providing a new sewage treatment plant for the care home. The installation of the new plant began in April this year and the facility is now operational.
Southern Water pay for River Arun sewage pollution
The Environment Agency has prosecuted Southern Water for allowing sewage to enter a tributary of the River Arun at Rustington in West Sussex during September last year.
Southern Water Services Ltd appeared at Chichester Magistrates Court on Friday 11 June and pleaded guilty to the offence. The water company was fined £5,000 and ordered to pay costs totalling £1,414.
The Court heard that on 3 September 2009, the Environment Agency received a call from Arun District Council saying that there was sewage in a stream at the business park on the A259 Rustington bypass. On arrival at the stream, which flows into the Black Ditch and then travels to the River Arun, Environment Agency officers found the watercourse to be very dark and grey and the water smelt strongly of sewage.
Sewage leak was then traced to a drain which had a grill across its entrance and waste material wrapped around it. The adverse effect caused by the pollution could been seen along the stream for 130 metres until it disappeared under a road bridge.
Samples taken of the pollutant showed that the effluent was the strength of raw sewage and readings of ammonia levels were six times the fatal dose for wildlife. During the investigation the Environment Agency discovered that a blockage in the main sewer about a half a kilometre away had caused this incident and additional problems had been experienced at the same location in the past.
Monitoring equipment was put in place at the sewer by Southern Water because of four previous blockages at the same location over the past five years, but this had not detected the latest incident.
Commenting on the case, James Humphrys, Environment Agency Area Manager said: “All companies that handle polluting material are expected to take the highest possible care that there is absolutely no risk to the environment. In this case, regrettably sewage caused significant pollution of the stream which could have been avoided.”
Plymouth City Council fined
Plymouth City Council has been ordered to pay £11,742 in fines and costs for selling tv monitors and other potentially harmful electrical waste to unauthorised recyclers
On January 30, 2009 the Agency visited a local recycling business after receiving reports of illegal waste activity. An officer saw a large amount of waste electrical goods including tv monitors and washing machines stored outside in the open. Monitors are classified as hazardous waste because of the large amount of potentially-toxic lead present in the cathode ray tube and screen.
Local authorities are required to ensure any waste electrical and electronic goods (WEEE) received at their civic amenity sites are kept safe and only sent to authorised treatment facilities for recycling and disposal. They have a duty to reduce the amount of waste going to landfill and increase recycling.
Councils must ensure the correct paperwork is completed when waste is transferred to a third party for recycling. This is done through transfer notes. The completion of transfer notes is a statutory requirement.
The site operator confirmed the electrical waste seen at his premises had come from Chelson Meadow Civic Amenity site. When asked for a transfer note the man said, ‘What’s a transfer note?’
When the officer visited Chelson Meadow he was told two other firms had removed hazardous wastes from the site without transfer notes. Neither company was authorised to take waste and store it at their premises.
Further checks revealed waste electrical goods including old tv’s had been illegally removed from another of the City Council’s civic amenity sites at Weston Mill.
Some of the waste was then sold on to a third party allegedly involved in the illegal export of waste. The Environment Agency is currently investigating illegal shipments of hazardous waste to Ghana. It is illegal to export electrical items which are beyond repair.
The court heard that televisions or washing machines sent to Africa may have been burnt for valuable materials inside, posing a health risk to workers and harming the environment.
‘There were serious management failures at both these civic amenity sites as a result of negligence on the part of the council. Potentially hazardous electrical and electronic waste should have only been transferred to properly authorised waste contractors and this wasn’t happening. The purpose of the WEEE Regulations is to ensure waste is properly recycled in the UK and doesn’t end up in places like Africa,’ said Matthew Lee for the Environment Agency.
Plymouth City Council has carried out a thorough review of its procedures and made sure all waste recycling activities are legal and comply with the strictest of conditions.
Plymouth City Council was fined £8,000 and ordered to pay £3,742 costs after pleading guilty to four offences including, as a person who keeps and disposes of controlled waste, failed to ensure transfer notes were completed and signed in accordance with the Environmental Protection Act 1990. The offences were committed between April 1, 2008 and June 2, 2009.
Worker deaths in Britain fall to record low
New figures released on 30 June reveal that the number of people killed at work in Britain fell last year to a record low.
The HSE has released the provisional data, which shows that 151 workers were killed between 1 April 2009 and 31 March 2010 compared to 178 deaths in the previous year and an average number over the last 5 years of 220 deaths per year.
Judith Hackitt, the HSE Chair said:
"It's really very encouraging to see a further reduction in workplace fatalities in the past year. This is performance which owes much to good practice, leadership and employee engagement. No doubt the recession has resulted in lower levels of activity in some sectors and a decrease in the numbers of new inexperienced recruits has also contributed to this fall in fatalities.
"We should also remember that 151 families are mourning the loss of someone who last year went out to work and never came home. Being one of the best health and safety performers in the world means continuing to strive to drive these numbers down further - not getting complacent about what we've collectively achieved and recognising the new challenges as we emerge from the recession.
"As with all health and safety statistics, today's announcement is a combination of encouraging news about improvement but also a salutary reminder of the tragedies of lives lost at work."
Despite the overall improvement, agriculture, the most dangerous industry in Britain, has recorded a sizeable increase in deaths. 38 workers died on farms in the last year, marking a disappointing return to levels of earlier years after a record low of 25 deaths in 2008/09.
Judith Hackitt added:
"We are especially concerned to see the continuing high levels of fatalities in agriculture. The fact that many of these lives have been lost in family businesses is a double tragedy. Not only have families been ripped apart, but businesses that have been handed down through generations have been ruined. No industry can or should regard high levels of workplace death and injury as being 'part of the job'. It doesn't have to be this way as many other sectors have shown by their improvement."
Large falls have been recorded in some of the other historically most dangerous industries in Britain:
• 41 fatal injuries to construction workers were recorded - a rate of 2.0 deaths per 100,000 workers, compared to an average of 66 deaths in the past five years and a fall from the 52 deaths (and rate of 2.4) recorded in 2008/09.
• 42 fatal injuries to services workers were recorded, a rate of 0.2 deaths per 100,000, compared to an average of 72 deaths in the past five years and a fall from the 62 deaths (and rate of 0.3) recorded in 2008/09.
• 24 fatal injuries to manufacturing workers were recorded, a rate of 0.9 deaths per 100,000, compared to an average of 38 deaths in the past five years and a fall from 33 deaths (and rate of 1.1) in 2008/09.
Judith Hackitt said:
"We need the agriculture industry to recognise that it can address the problem and learn the lessons from these sectors. Improvements can be achieved even in any industry sector with leadership and by focusing on the priority issues."
The new figures show that compared with the latest data available for the four other leading industrial nations in Europe - Germany, France, Spain and Italy - Great Britain has, for more than the last six years, had the lowest rate of fatal injuries.
Ed -
The average rate of fatal injury over the last five years has been 0.7 per 100, 000 workers
In each of the last five years, the number of fatal injuries has been:
2008/09 - 178 workers died
2007/08 - 233 workers died
2006/07 - 247workers died
2005/06 - 217 workers died
2004/05 - 223 workers died.
The figures for 2009/10 are provisional. They will be finalised in June 2011 following any necessary adjustments arising from investigations, in which new facts can emerge about whether the accident was work-related. The delay of a year in finalising the figures allows for such matters to be fully resolved in the light of formal interviews with all relevant witnesses, forensic investigation and coroners' rulings.
Final set of 2009 pesticide residue figures
The Pesticide Residues Committee (PRC) has published its final quarterly report for food samples collected 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 781 out of 1415 samples of 28 different foods tested had no detectable residues. Also, 626 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 8 samples (0.6% 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."
Health and safety 'used as an excuse', Judith Hackitt warns
Too many people use health and safety as an excuse to hide behind, the Chair of the Health and Safety Executive has warned.
Judith Hackitt made the comments in a letter to Lord Young of Graffham, welcoming his review and offering to help gather evidence for his inquiry.
Prime Minister David Cameron appointed Lord Young to lead a Whitehall-wide review of health and safety law and practice. He will also examine compensation culture and report to the Prime Minister in the summer.
In her letter, Judith Hackitt wrote:
"The terms of reference of your review extend beyond HSE's remit, which is concerned with addressing real risks and preventing death, injury and ill health to those at work and those affected by work related activities. However, we in HSE have been saying for some time that health and safety is being used by too many as a convenient excuse to hide behind.
"We welcome your review and stand ready to make available to you whatever information or insight we can."
The HSE has been running its myth of the month campaign since 2007, hitting back at some of the ridiculous decisions that are wrongly blamed on health and safety – which we at BRN are pleased to carry – Ed.
European safe maintenance drive launches in Britain
Maintenance is integral to running a safe and reliable operation. Good planning and having the right skills and tools to do the job minimises the risk to workers and the public in any task from repairing a gas main to fixing a roof.
That's the message behind a new European initiative launched in Britain.
It is estimated that between 25 and 30 per cent of all manufacturing industry deaths in Britain result from maintenance activity, with common causes of fatalities and major injuries including falls from height and failure to properly isolate machinery so that it restarts while being worked on.
Many of these incidents are entirely preventable, and the initiative aims to raise awareness among businesses and their workers and to help them implement simple solutions.
The European Healthy Workplaces Campaign on Safe Maintenance 2010-2011 is coordinated by the European Agency for Safety and Health at Work (EU-OSHA), and is being taken forward in Britain by the Health and Safety Executive (HSE) along with organisations representing employers, workers and other interested bodies, including the Trades Union Congress (TUC) and EEF The Manufacturers' Organisation.
The British drive includes a new 'one stop shop' safe maintenance section of the HSE website. It features a quick and easy checklist to assess how good current maintenance practices are and offers pointers on how to improve. Free downloadable fact sheets, posters, and information on how organisations can get involved, are also available.
HSE Chair Judith Hackitt delivered the keynote speech at a launch event in London, attended by organisations including Jaguar Land Rover, The British Plastics Federation (BPF) and The Ladder Association, as well as trade unions. Delegates were given a checklist to plan how their organisations could get involved in the initiative to raise awareness and protect their workers.
Judith Hackitt said:
"Maintenance work is often seen simply as a disruption to normal service, but it is fundamental to the integrity of every system and to the health and safety of workers and the public.
"Workers are often under pressure to complete jobs quickly, but there is no excuse for putting themselves and others in danger by taking short cuts.
"All organisations, irrespective of their size and purpose, need to take the opportunity to look at how they plan and manage maintenance to see if improvements could be made. With planning and the right skills it can be done efficiently and will lead to increased production and better service delivery."
Lynn Edwards, Chair, BPF Health & Safety Committee, said:
"Even though every business is legally obliged to ensure the health and safety of its employees and persons who come in to contact with their trade, it is easy to forget how intrinsic maintenance operations are to occupational safety and health.
"It is evident that the smallest failure can have drastic consequences; I see this campaign as a wake-up call to those businesses that look upon maintenance as a quick fix to getting their product out of the door.
"For those companies that realised and have benefited from an integrated management approach then this campaign will help solidify all of the hard work that they have done. We at the British Plastics Federation will continue to support and promote the campaign on Safe Maintenance."
New guidance to help prevent waste bin deaths
New guidance is now available for those who produce and collect commercial waste, in a bid to prevent people who shelter in bins being killed or injured.
It follows the deaths of three people since May 2009 who were found dead at waste depots when waste was unloaded from the collection vehicles.
Anecdotal reports from the waste management and recycling industry suggest that there have been many other occasions where people have been discovered alive in bins prior to, or during, them being emptied into collection vehicles.
The guidance has been developed in response to calls from industry for clearer ways of working and has been produced by the Health and Safety Executive (HSE) in conjunction with the Waste Industry Safety and Health (WISH) Forum (see notes to editors).
It is aimed at waste producers, those responsible for managing waste storage areas, and waste collection organisations who all have responsibilities under Section 3 of the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999 to reduce the potential for injury and death to people in bins.
The guidance outlines simple, sensible steps that businesses should be taking as part of their normal work, and if it is followed, organisations should be doing enough to meet their legal duties.
The guidance includes advice on risk assessments, the checking of bins, actions to take on discovering a person and examples of good practice within the industry, such as recognising high-risk locations and ensuring employees are properly briefed and trained, to help companies understand what they need to do.
Geoff Cox, HSE's Head of Waste Management and Recycling Sector, said:
"These deaths and near misses most often involve those who are vulnerable either through drink or through seeking shelter. But they are preventable.
"Those who produce the waste, are responsible for storing it or collecting it all have an essential role to play in reducing the likelihood of any further tragic deaths.
"The industry has been after guidance to clarify ways of working and what we have produced with WISH is simple, relevant and user-friendly.
"We fully recognise that seeking shelter in a bin may be preferable to risking it on the street in all weathers, but we want people to understand what the tragic consequences of that can be. We encourage those who are sleeping rough to look after themselves and to look out for each other too."
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