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News October 2002
| Title | Comments | Publication |
| Study of Court Judgements in personal injury claims for RSI shows HSE guidance and regulations can be misinterpreted. | Research published by the HSE suggests that Court interpretation of regulations and guidance may differ from what was intended. | HSE Tel:08701-545500 HSE Press Release E180:02 27/9/02 |
| £3,000 prize for smaller construction firms in Working Well Together awards. | BHSEA, a Midlands safety organisation, will make the award to small firms for commitment to H&S. | HSE Tel:08701-545500 HSC Press Release C045:02 26/9/02 |
| HSE investigates Linux for computer safety. | HSE published research on how Linux can be assessed for safety-related use in protection or control systems. | HSE Tel:08701-545500 HSE Press Release E181:02 27/9/02 |
| HSE publishes revised guidance on portable nuclear moisture/density gauges in the construction industry. | Such gauges are commonly used in road building and repair. Damage or poor practices can lead to high radiation exposures. | HSE Tel:08701-545500 HSE Press Release E183:02 27/9/02 |
| HSE targets textile industry with new safety checks. | New internet based audit package to test control standards. | HSE Tel:08701-545500 HSE Press Release E182:02 30/9/02 |
| HSE publishes rail safety statistics 2001/2002. | Provisional statistics show welcome reduction in a number of key indicators including fatalities and train incidents. | HSE Tel:08701-545500 HSE Press Release E184:02 30/9/02 |
| HSE withdraws approval of medical examiners of divers based outside UK. | Non-UK doctors can no longer issue medical certificates which are compulsory for divers working in UK waters. | HSE Tel:08701-545500 HSE Press Release E185:02 30/9/02 |
| HSE publishes new guidance on inspecting fall arrest equipment. | Covers frequency and type of inspections and types of defect and damage to look for. | HSE Tel:08701-545500 HSE Press Release E186:02 2/10/02 |
| HSE publishes guidance on controlling fume during plastics processing. | Practical advice on minimising fumes during plastic processing. | HSE Tel:08701-545500 HSE Press Release E187:02 2/10/02 |
| Workers in some industries could be exposed to dioxins, but simple precautions can cut levels considerably. | Simple precautions should reduce levels considerably. Highest levels are in metal processing. | HSE Tel:08701-545500 HSE Press Release E188:02 3/10/02 |
| Plastic Extruders Ltd | Fined £5,000 + £1,380 costs under HASAWA s2. Burned following high pressure breakthrough whilst attempting to clear blockage on plastic extruding machine. Inadequate training, system of work and PPE. | HSE Prosecution Case F070000366 (15/8/02) |
| Employers to pay costs of treating certain workplace injury victims? | Dept of Health proposal that where an individual receives compensation for a work related injury or illness, their employer would be required to meet the costs of any hospital treatment. | Internet: www.doh.gov.uk/consultations Safety Management 2002 (Oct):2-3 |
| Agency warning on standards. | The European Agency for H&S at Work warns that increasing use of short term contracts and indirect employment could undermine occupational standards. | Internet: http://agency.osha.eu.int/publications/ reports/206/en/CR.PDF RoSPA Occup Safety & Health Bulletin 2002 31(9):3 |
| Safety reps hold key to compliance. | Recent Irish research indicates that H&S reps play a critical role in ensuring safety compliance on construction sites. | 'Safety behaviour ...' Internet: www.hsa.ie/pub/publications/conbehav.pdf Health & Safety Bulletin 2002 (312):1 |
| Crisis in EL insurance forces health and safety management into the limelight. | Amid a growing crisis in the Employers' Liability insurance market, businesses are closing, or continuing to trade illegally and uninsured, after being unable to secure EL cover. | Health & Safety Bulletin 2002 (312):3 |
| Is following HSE guidance enough to satisfy the courts? | Employers adhering to HSE guidance on work related upper limb disorders may still fail in court. (B Pearce) | Health & Safety Bulletin 2002 (312):7-12 |
| HSE makes paper progress. | An initiative which cut injuries in the paper industry by 25%. (C Dyer) | Health & Safety Bulletin 2002 (312):21-23 |
| HSE could be liable for Ladbroke Grove injuries. | In Thames Trains Ltd v HSE the High Court ruled in a preliminary issue hearing, that the HSE might, in some circumstances, be held liable for injury caused by its negligence or statutory failings. | [2002] EWHC 1415 (QB) Health & Safety Bulletin 2002 (312):28 |
| Five firms fined £128,000 over asbestos contamination. | Moto fined £50,000, Simons fined £20,000, KMB fined £20,000 + £7,082 costs each. M&G Hill fined £30,000 + £28,000 costs. Monitor fined £8,000 + £4,000 costs. Motorway service station contaminated with asbestos. | Health and Safety at Work 2002 24(10):4 |
| New minister. | Nick Brown, the Minister of State for Work and Pensions, has been appointed the new Minister responsible for H&S. | Health and Safety at Work 2002 24(10):5 |
| Scrap coroner's inquest into deaths at work says Home Office review. | Following a review into coroner services, automatic inquests into work-related deaths could be scrapped because a range of other processes have developed alongside the coroner's inquest. | Health and Safety at Work 2002 24(10):5 |
| Mobile phone users at greater risk of brain tumour, says study. | Following the largest study to date, research has concluded that mobile phone users run a 1.3 times greater risk of developing brain tumours. | Health and Safety at Work 2002 24(10):6 |
| Long term ill health fears for Ground Zero workers. | There are increasing fears that rescue workers and others employed in the vicinity of Ground Zero may have been contaminated by toxic substances including asbestos. | Health and Safety at Work 2002 24(10):8 |
| Chemical exposure. | The changing nature of work in the UK and its affects on the determinants of variability and susceptibility in response to chemical exposure. (P Ellis) | Health and Safety at Work 2002 24(10):15-16 |
| Hush all over Europe. (Pt 2) | Public scrutiny of the control of noise at work. (E Gates) | Health and Safety at Work 2002 24(10):19-20 |
| Hot tobacco. | The controversy surrounding the complete ban of smoking in the workplace. (C Atkins) | Health and Safety at Work 2002 24(10):22 |
| Pass that exam. | How to master examination techniques. (L Hughes & P Hughes) | Health and Safety at Work 2002 24(10):31-32,34,36 |
| School trip safety guidelines published. | 'Standards for LEAs in overseeing educational visits', 'Standards for adventure' and 'A handbook for group leaders' comprise the 3 part DfES guidance. | RoSPA Occup Safety & Health Journal 2002 32(10):2 |
| Aviation health issues consultation. | Aimed at establishing a focal point within Government for all matters relating to aviation health. | Internet: www.aviation.dft.gov.uk/conindex.htm RoSPA Occup Safety & Health Journal 2002 32(10):7 |
| Sickness absence report. | According to CIPD statistics, workers took an average of 10 days off sick, an increase from 9.3 days in 2001. | 'Employee absence 2002' E Price Tel:020-8263-3240 RoSPA Occup Safety & Health Journal 2002 32(10):11 |
| Landmark for common sense. | Reviews the 'Fairchild asbestos case' and the Law Lords' judgement. (R Mackmurdo) | RoSPA Occup Safety & Health Journal 2002 32(10):14-19 |
| Electricity at work. | The general duty of care. (P Ellis) | RoSPA Occup Safety & Health Journal 2002 32(10):26-28 |
| Focus on SMEs. | Issues associated with efforts to improve OH&S in small firms. (R Bibbings) | RoSPA Occup Safety & Health Journal 2002 32(10):51-52 |
| HSE launches risk education resource. | On-line resource for teachers planning lessons on risk management, with useful ideas and information. | Internet: www.hse.gov.uk/education/index.htm Safety Management 2002 (Oct):4 |
| Director fined after man plunges to death through fragile rooflight. | Director John Elders and Factorycover Ltd fined a total £25,000 including costs. No suitable fall arrest system. Previous advice given on roof work. | Safety Management 2002 (Oct):4 |
| Mining a rich seam. | Promoting H&S awareness in the UK coal mining industry. (F Stones) | Safety Management 2002 (Oct):18-20 |
| Building materials company fined £40,000 after worker crushed to death in machine. | Eternit UK Ltd fined £40,000 + £21,153 costs. Worker entered conveyor enclosure to remove build-up of debris. No safe system of work. | Safety Management 2002 (Oct):21 |
| Employee injured on unguarded machine. | Viasystems EMS UK Ltd fined £7,500 + £3,140 costs + £2,000 compensation. Worker fell whilst trying to release a metal sheet jammed in a machine. No safe system of work. | Safety Management 2002 (Oct):22-23 |
| Lift truck death costs owner £30,000. | Colin White t/a Colin White Services fined £15,000 + £14,853 costs. FLT driver killed when he reversed into a hole dug to lay piping. Hole not monitored. Surface of the yard unsuitable for the use of FLTs. | Safety Management 2002 (Oct):27 |
| Manual handling. | How employers can prevent manual handling injuries by assessing potential risks and adopting safe methods of lifting. | Safety Management 2002 (Oct):32-36,38,40 |
| Raising green standards. | The business benefits of implementing an environmental management standard. (S Blaney) | Safety Management 2002 (Oct):42-44 |
| Revised guidance for the offshore industry. | Explains the amended Offshore Installations and Pipeline Works (Management and Admin) Regs 1995 which came into force on 17/9/02. | Isbn 0-7176-2572-9 £10.50 HSE Tel:01787-881165 HSE Press Release E189:02 7/10/02 |
| Statement of nuclear incidents at Nuclear Installations. | There were no incidents in the period 1/4/02-30/6/02. | HSE Press Release E190:02 7/10/02 |
| Channel Tunnel Safety Authority published Annual Report 2001/2. | Covering the work of the CTSA and its Working Groups for the period 1/4/01-31/3/02. | Isbn 0-11-552542-4 £45 SO CTSA01:02 8/10/02 |
| Noise protection can be increased for workers in pubs and clubs says Health & Safety Executive. | The need to educate owners and employees on noise levels and noise exposure in pubs and clubs for new research identifies a definite potential for harm. | Res Rept 026 Isbn 0-7176-2571-0 £15 HSE Tel:01787-881165 HSE Press Release E191:02 10/10/02 |
| HSC to consult on Amendment to Control of Substances Hazardous to Health Regulations. | Contains 2 significant proposals. Users of substances classified as Cat 1 or 2 mutagens will have to apply COSHH control measures and it will clarify the status of 17 dioxins. | CD184 HSE Tel:01787-881165 HSE Press Release C046:02 10/10/02 |
| Grandaction Ltd | Guilty under HASAWA 1974 s2 / MHSWR 1999. Supervisor injured after removing guards to tension a conveyor belt. No RA nor safe system of work. | HSE Prosecution Case F100000436 (19/8/02) |
| Forest Garden Plc | Fined £2,000 under PUWER 1998. Injured when exposed to dangerous moving parts of machinery. No isolation system for maintenance. | HSE Prosecution Case F210000376 (20/8/02) |
| Bowller Group Ltd | Fined £4,000 under CAWR 1987. Removal of asbestos cement sheeting from domestic premises. No RA or plan of work, failure to prevent spread of asbestos. | HSE Prosecution Case F080000320 (21/8/02) |
| Mr Bradley Newman | Partner fined £5,000 under HASAWA 1974 s3. Injured when clamp gave way after being lifted onto it on tines of a FLT. No RA and no safe system of work. | HSE Prosecution Case F010000615 (22/8/02) |
| Tamworth Heat Treatment Ltd | Fined £5,000 under HASAWA 1974 s3. Spillage of titanium tetrachloride during servicing of furnace led to workers at nearby factory being affected by acid mist. Failure to control contractor. | HSE Prosecution Case F120000421 (22/8/02) |
| WB Cox (Construction) Ltd | Fined £1,500 under CHSWR 1996 / MHSWR 1999. Injured falling through fragile cement roof. Safety net on site but not used. MD on site but failed to take action. Workers had not seen method statement. | HSE Prosecution Case F120000433 (22/8/02) |
| William Barry Cox | Fined £1,000 under HASAWA 1974 s37. MD on site but failed to take action when worker was injured falling through fragile cement roof. Safety net on site but not used. Workers had not seen method statement. | HSE Prosecution Case F120000436 (22/8/02) |
| Bricesco Ltd | Fined £15,000 under CAWR 1987. Redundant ceramic driers containing asbestos removed without precautions. | HSE Prosecution Case F120000445 (22/8/02) |
| Newsagent makes headlines in first Working Time case. | Forbuoys Ltd fined £5,000 under WTR 1998. First successful prosecution for failure to comply. Worker contracted for 39 hours a week working 71 despite complaints and requests for help. | Safety & Health Practitioner 2002 20(10):8 |
| More employees suffering excessive working hours. | According to a work - life balance survey there has been a steep rise in the number of people working excessive hours in the UK. | Internet: www.dti.gov.uk/work-lifebalance Health & Safety Bulletin 2002 (312):3 |
| Consultation on Railway Accident Investigation Body. (RAIB) | Railway Safety's detailed response to the proposal to establish RAIB. | Internet: www.railwaysafety.org.uk Railway Safety Information Bulletin 2002 (49)Sept:1 |
| 'Revitalising construction' comes under criticism from civil engineers. | The Instn of Civil Engineers considers the consultation period too short to allow proper consultation amongst members. | Internet: www.hse.gov.uk/disdocs/construction.htm Safety & Health Practitioner 2002 20(10):2 |
| Employment agency fined. | Taskmaster Resources Ltd fined £15,000 + £25,000 costs. Exel Europe Ltd fined £80,000 + £16,000 costs. Driver killed by reversing lorry whilst walking across loading bay. Agency had engaged the driver. | Safety & Health Practitioner 2002 20(10):6 |
| Sports retailer 'rubbishes' waste storage charge. | JD Sports Plc fined £9,000 + £1,600 costs. Inappropriate storage of waste materials which eventually blocked fire exit from an adjacent business. | Safety & Health Practitioner 2002 20(10):6 |
| Author of your own misfortune. | Contributory negligence. (M Appleby) | Safety & Health Practitioner 2002 20(10):10 |
| In with a bang... | The Dangerous Substances and Explosive Atmospheres Regs 2002 and requirements for employers to assess safety risks from work with dangerous substances. (P Reeve) | Safety & Health Practitioner 2002 20(10):22-23 |
| Let the survey take the strain. | To comply with HSE stress guidelines, managers must proactively identify work related stress. (Dr J Jordan) | Safety & Health Practitioner 2002 20(10):25-28 |
| Risk is in the eye of the beholder. | The main elements of risk perception, inaccurate perception and the implications for H&S management. (M Fleming & D Buchan) | Safety & Health Practitioner 2002 20(10):30-32 |
| Take a seat. | Selecting the correct chair is important because it is now accepted that sitting for long periods of time causes the most back problems. (D Abbott) | Safety & Health Practitioner 2002 20(10):34-36 |
| Greener on the other side? | With many H&S professionals gaining responsibility for environmental policy, an interview with HSE's DDG, Mr Justin McCracken a former regional director for the EA. (G Joliffe & A Sansom) | Safety & Health Practitioner 2002 20(10):38-40 |
| A bang not a whisper. | A communications strategy and guidance would help pave the way for the proposed new fire safety regime expected by spring 2004. (J O'Neill) | Fire Prevention 2002 361 (Oct):2 |
| Getting in on the Act. | Fire related provision and local Acts in England and Wales which can give rise to a number of difficulties when approving large storage buildings. (A Nicholson) | Fire Prevention 2002 361 (Oct):21,23-25 |
| Safety in store. | Review of a guide to managing fire safety in storage warehouses, and distribution buildings. | 'Fire prev in warehouses...' £20 FPA Tel:020-7902-5304 Fire Prevention 2002 361 (Oct):28-29 |
| Crime watch. | The role of remote monitoring technology in protecting commercial, industrial and public sector buildings from arson. (A Wiseberg) | Fire Prevention 2002 361 (Oct):34-35 |
| Applied science. | Practical tips on how fire protective coatings should be applied to structural steel work. (R Smith) | Fire Prevention 2002 361 (Oct):40-42 |
| Shut that door. | Fire doors are sophisticated fire safety systems which must be properly specified, installed and maintained. (T Gregory) | Fire Prevention 2002 361 (Oct):50-51 |
| Health and Safety Executive takes the initiative on work-related stress for Euro Week. | Many events will take place round the country to raise the awareness of work-related stress which is the 2nd biggest cause of sickness absence days of workers in the UK. | HSE Press Release E193:02 11/10/02 |
| HSC/E seeks comments on draft research plans. | A draft guide to research activities, including new issues, upon which the HSE expects to carry out research either now or in the future. | 'Strategic research outlook 2003' Internet: www.hse.gov.uk/research HSE Press Release E194:02 11/10/02 |
| Reducing noise from CNC punch presses. | New guidance on reducing noise from CNC punch presses which can produce high noise levels >100dB(A). | EIS39 HSE Tel:01787-881165 HSE Press Release E192:02 14/10/02 |
| HSE publishes Pesticide Incident Report 2001/02. | Complaints connected with the use of pesticides decreased to 167 from 170 in 2000/01. | Free. HSE Tel:02476-696518 HSE Press Release E195:02 14/10/02 |
| HSE Worksmart series now available to buy on video. | The TV mini documentaries have been launched on video and will be available on DVD in November. | Isbn 0-7176-2575-3 £25+VAT HSE Tel:01787-881165 HSE Press Release E197:02 15/10/02 |
| New safety guidance for working with metalworking fluids. | Good practice standards for reducing health risks to workers, including case studies and task sheets for operators. | Isbn 0-7176-2561-3 £17.50 HSE Tel:01787-881165 HSE Press Release E198:02 15/10/02 |
| Safer driver, safer workplace. | Results of a discussion document on preventing workplace transport accidents. Approx 70 people are killed and 1,200 seriously injured each year. | CD-Rom available from 31/10/02 Free HSE Tel:01787-881165 HSE Press Release E199:02 17/10/02 |
| Lockwoods Engineering Services Ltd | Fined £5,000 under HASAWA 1974 s33. Failure to comply with 2 Improvement Notices for rear guarding on guillotines. Previous advice. | HSE Prosecution Case F150000487 (27/8/02) |
| Skanska Construction Group Ltd | Fined £12,500 under HASAWA 1974 s3 / CHSWR 1996. Sub-contractor's worker killed falling 5m from scaffold. Part of guard rail assembly was loose and swung outwards when leaned upon. Principal contractor. | HSE Prosecution Case F190000366 (27/8/02) |
| Aberdyke Ltd | Fined £10,000 under HASAWA 1974 s2. Worker fell through a roof light. No fall prevention. | HSE Prosecution Case F200000447 (27/8/02) |
| R Warttig Ltd | Fined £18,000 under HASAWA 1974 s3. Delivery driver killed whilst discharging meal into a farm bulk feed hopper which collapsed. No proper inspection nor maintenance. | HSE Prosecution Case F140000294 (29/8/02) |
| Coats Optilon Ltd | Fined £3,000 under PPEWR 1992 / COSHH 1999. Dye worker injured when he unknowingly spilled concentrated acetic acid on his foot. Inadequate PPE and COSHH assessment. | HSE Prosecution Case F190000358 (30/8/02) |
| A practical heat stress assessment methodology for UK industry. | New RA method to assess stress caused by exposure to heat in the workplace. | RR008 Isbn 0-7176-2533-8 £25 HSE Tel:01787-881165 HSE Press Release E196:02 21/10/02 |
| Railway maintenance company fined £17,500. | GT Railway Maint Ltd fined £17,500 + £7,577 costs. Track worker received electrical burns whilst loosening nuts on track adjacent to a 650v live rail. Failure to provide correct insulated equipment. | HSE Press Release E202:02 18/10/02 |
| Replace ductile iron gas mains in non-Transco networks, warns HSE. | A warning to occupiers of sites and LAs with their own gas mains, that medium pressure ductile iron pipes need to be replaced. | HSE Press Release E201:02 21/10/02 |
| Mark 1 rolling stock: HSE grants exemptions. | 3 train operators have been granted exemption to continue using Mark 1 rolling stock without modification until 31/12/04. | HSE Press Release E203:02 24/10/02 |
| HSE issues important new gas safety advice. | Advice for gas consumers, including domestic use. | INDG238 INDG285 HSE Tel:01787-881165 HSE Press Release E200:02 24/10/02 |
| Construction firm fined £40,000 after child death. | Galliford Hodgson Ltd fined £40,000 + £11,150 costs under HASAWA 1972 s3(1). 12 year old killed falling 11m whilst playing on scaffolding which he climbed onto from a balcony. No fencing or barrier to prevent access from the balcony. | HSE Press Release E204:02 25/10/02 |
| Coastal Grains Ltd | Fined £8,750 under HASAWA 1974 s2. Whilst using a tele-loader and a rope during the repair of a bucket belt on a grain elevator, one person killed and one injured falling 20m when the tower was pulled over. | HSE Prosecution Case F190000349 (2/9/02) |
| Dr Ahmed Albazie | Fined £3,000 under CDMR 1994. Undertook demolition work without the application of the Regs. Previous advice. | HSE Prosecution Case F230000032 (2/9/02) |
| Flexi Print (The Label Company) Ltd | Fined £3,000 under HASAWA 1974 s2. Worker using an unguarded printing press. Failure to ensure the safety of employees. | HSE Prosecution Case F070000360 (3/9/02) |
| D R Walker & Son Ltd | Fined £5,000 under PUWER 1998. Injured whilst using an overhead router. No jig in use and poor guarding. Previous advice. | HSE Prosecution Case F130000384 (3/9/02) |
| Raymond Carruthers | Fined £400 under HASAWA 1974 s2. Injured whilst using a moving saw blade. No safe system of work, nor supervision. | HSE Prosecution Case F210000400 (3/9/02) |
| John Cassidy Ltd | Fined £6,000 under HASAWA 1974 s2 & s3. Killed falling through a fragile roof during maintenance work. | HSE Prosecution Case F090000390 (4/9/02) |
| Pinnstrip Steel Services Ltd | Fined £7,000 under HASAWA 1974 s2. Injured by a falling 7-800Kg metal coil. Failure to ensure the H&S of employees. No safe system of work. | HSE Prosecution Case F100000440 (4/9/02) |
| North Sefton & West Lancashire Community NHS Trust | Fined £12,000 under HASAWA 1974 s2. Whilst on holiday, a schizophrenic patient seriously assaulted 2 support workers. No procedures for organisation of patient holidays nor contingency arrangements. | HSE Prosecution Case F180000358 (5/9/02) |
| Kessell & Jose Construction Ltd | Fined £3,000 under CDMR 1994. 13 year old injured by pulling over a wall after entering an unfenced construction site. | HSE Prosecution Case F230000075 (5/9/02) |
| T Richard Jones (Betws) Ltd | Fined £5,000 under ALR 1983 / CAWR 1987 / HASAWA 1974 s2. Whilst refurbishing a factory, disturbed asbestos insulating board ceiling tiles which were clearly marked with the 'a' warning label. | HSE Prosecution Case F110000731 (6/9/02) |
| Ateb Consult t/a Atebion Cyf | Fined £2,000 under CDMR 1994. Failure to ensure that a proper asbestos survey was carried out and the details included in the pre-tender plan. | HSE Prosecution Case F110000752 (6/9/02) |
HSE Prosecutions Database (4 Feb 2007)
After a gap of around a year, HSE is now posting prosecutions again. We have started inputting cases with hearing dates after 1-Nov-2006 and will update new cases weekly as they are reported. In view of the volume of prosecutions now posted, we are not inputting previous cases. There will therefore be a gap in our database from a hearing date of 24 January 2006 until November 1st. Anyone not finding a case which may have been heard between January and November 2006, should therefore try searching the HSE Prosecutions database.
When the HSE relaunched the Prosecution database in January 2007, after a break of around a year, they appear to have changed the format of the case numbers. Therefore, for all entries with a hearing date before the 24 January 2006 you should search the HSE database using the defendants name instead of the case number we have quoted if you wish to check details for yourself.
Disclaimer
Whilst every effort is taken to ensure that H & S News entries are an accurate summary of the source data, at the time of publication on the HASTAM website, HASTAM cannot accept any responsibility for errors or omissions in transcription. Further, HASTAM cannot accept any responsibility for the content of the information to be found in the source materials.
HASTAM cannot accept any liability for any events arising from the use of this information. We strongly recommend that, if any information from any H & S News entry is to be used for any specific purpose, the original source is checked to confirm accuracy and to enable the user to take account of the full information. This is particularly important in the case of HSE Prosecutions where the HSE may have withdrawn a specific entry subsequent to its publication in H & S News. Entries can be checked using the search facility on www.hse-databases.co.uk/prosecutions
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