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H&S News December 2003
| Title | Comments | Publication |
| Encouraging alternative dispute resolution in work conflicts. | As part of the Employment Act 2002, the Statutory Dismissal Disciplinary Procedure and Statutory Grievance Procedure will be introduced in 2004. Dialogue will be encouraged in lieu of litigation before an employment tribunal. | Health and Safety at Work 2003 25(12):9 |
| A safer Scotland. | The Scottish Executive is consulting on plans to introduce a Parliamentary Bill to modernise the fire service in Scotland. (R Gilbey) | Fire Prevention 2003 374 (Nov):8-9 |
| Travel guides. | EC plans to update the technical guidelines of its 'Recommendation on fire safety in existing hotels' (86/666/EEC). | Fire Prevention 2003 374 (Nov):15-17 |
| Health and safety. | Fire safety standards in the NHS are improving but there are still concerns. (P Roberts) | Fire Prevention 2003 374 (Nov):18-20 |
| Age concern. | The fire safety awareness of older people. | Fire Prevention 2003 374 (Nov):24-25 |
| Changing values. | The changes in legislation in the UK and Europe and the implications for structural fire protection. (M Wood) | Fire Prevention 2003 374 (Nov):38-39,42 |
| Fit for purpose? | The importance of ensuring that the components of fire doors are compatible with the original tested design specification. (J Hedgecock) | Fire Prevention 2003 374 (Nov):50-51 |
| 10 tips for managers to reduce organisational stress. | Top 10 tips to assist managers with tackling work related stress by Dr R Anderson of the Int Stress Management Assoc. | Internet: www.isma.org.uk Health and Safety at Work 2003 25(12):4 |
| Religious and sexual orientation legislation – are you ready? | The majority responding to a survey on the new anti-discrimination legislation had no idea it was coming in on 2/12/03. | Health and Safety at Work 2003 25(12):5 |
| Short cuts at butcher's shop leads to £1,100 fines. | Proprietor of a butchers fined £1,100 + £250 costs. Following an accident, EHOs discovered a guard on a mincing machine had been part cut away with a hacksaw. There was also exposed electrical wiring. No RA. | Health and Safety at Work 2003 25(12):6 |
| Alcohol misuse increases absence from work. | More people are failing to report for work because of drink related illness and 17m working days are lost each year from hangovers. | Health and Safety at Work 2003 25(12):9 |
| Securing health not together? | In 2000 a partnership of 10 government bodies envisaged a 10 year programme resulting in improved OH in the UK. (E Gates) | Health and Safety at Work 2003 25(12):11-12,14 |
| Handle with care. | Ergonomic solutions to materials handling in a distribution or warehouse environment. (D Abbott) | Health and Safety at Work 2003 25(12):15-16 |
| Breathe easy. | What can be done to help protect the thousands of workers affected by occupational asthma. | Health and Safety at Work 2003 25(12):19 |
| Fire alert. | What the new fire safety regime means to the safety practitioner. (P Hughes) | Health and Safety at Work 2003 25(12):23-24 |
| Bridge the training gap. | The H&S duties of designers under construction law. (C Omerod) | Health and Safety at Work 2003 25(12):25 |
| Corus fined £150,000 after steelworks train fatality. | Corus UK Ltd fined £150,000 + £50,000 costs. Company train driver killed when train derailed at a set of points. Failure to maintain the railway, rolling stock and track and signals. | HSE Press Release E241:03 2/12/03 |
| HSC seeks your view on how to work at height safely. | A Con Doc setting out the proposed new regulations and guidance to improve the planning, organising and management of work at height. | CD192 HSE Internet: www.hse.gov.uk/consult/live.htm HSC Press Release C067:03 4/12/03 |
| Clive Alan Cook | Fined £1,500 under MHSWR 1999. During inspection at S&J Fasteners Ltd, a Prohibition Notice issued on an unguarded cold heading machine owned by sole trader Mr CA Cook, who failed to co-operate and ensure guarding on the machine. | HSE Prosecution Case F100000597 (22/9/03) |
| West Lothian Council | Fined £3,000 under CAWR 1987. During school refurbishment, failure to take suitable precautions whilst removing ceiling tiles containing asbestos. | HSE Prosecution Case F230000106 (22/9/03) |
| Axen Ltd | Fined £4,000 under WHSWR 1992 / HASAWA 1974 s33. Non compliance with an Improvement Notice requiring provision of water to toilet and washing facilities. | HSE Prosecution Case F080000362 (23/9/03) |
| BSW Timber Plc | Fined £10,000 under HASAWA 1974 s2. Injured in nip of a conveyor in a sawmill. No guarding, training, instruction, local isolation. Inadequate RA. | HSE Prosecution Case F110000794 (23/9/03) |
| John Caswell | Fined £500 under HASAWA 1974 s7. Vulnerable worker injured falling from pallet balanced on forks of FLT. Asked by driver to sit on pallet to stabilise it. FLT driver aware that this was not allowed. | HSE Prosecution Case F150000540 (24/9/03) |
| MD Bushell | Fined £1,250 under HASAWA 1974 s3. Contractors seen working unsafely at height on a tower scaffold under the direction of a partner. Previous advice and Prohibition Notice. | HSE Prosecution Case F030000416 (26/9/03) |
| HFG Ellison | Fined £1,250 under HASAWA 1974 s3. Contractors seen working unsafely at height on a tower scaffold under the direction of a partner. Previous advice and Prohibition Notice. | HSE Prosecution Case F030000417 (25/9/03) |
| HJE Summerfield | Fined £2,500 under HASAWA 1974 s3. Contractors seen working unsafely at height on a tower scaffold under the direction of a partner. Previous advice and Prohibition Notice. | HSE Prosecution Case F030000418 (25/9/03) |
| SSR (International) Ltd | Fined £1,000 under HASAWA 1974 s2. Injured falling from the edge of a skip whilst emptying waste. No RA or safe system of work. Previous advice. | HSE Prosecution Case F200000586 (25/9/03) |
| Mark Langley | Guilty under CHSWR 1996. Worker killed falling under perimeter handrail which was at incorrect height. MD of roofing sub-contractor which went into receivership. | HSE Prosecution Case F230000284 (26/9/03) |
| Charles W Michie Ltd | Fined £7,500 under HASAWA 1974 s2. Injured working at an inadequately guarded machine not owned by the company. Management aware of deficient guarding. | HSE Prosecution Case F200000594 (29/9/03) |
| OMYA UK Ltd | Fined £10,000 under HASAWA 1974 s3. Employee of another company injured working at an inadequately guarded machine owned by OMYA. Management aware of deficient guarding. | HSE Prosecution Case F200000595 (29/9/03) |
| Ms WM Patrick | Fined £1,000 under WHSWR 1992. An electrician employed to trace an electrical fault had cause to cross the wooden loft floor of a farm building. Ms Patrick did not ascertain the floor was in good repair and would bear the weight of people standing on it. | HSE Prosecution Case F200000609 (29/9/03) |
| Woodman Furniture Ltd | Fined £4,000 under PUWER 1998. Injured whilst using a vertical spindle moulder. Inadequate guarding and training. | HSE Prosecution Case F010000675 (30/9/03) |
| D Woodcock | Fined £1,500 under PUWER 1998. Injured when struck in the face by ejected flail from hedge cutter. No mesh guard on cab window. One purchased with vehicle 5 years previously but removed soon afterwards. | HSE Prosecution Case F140000351 (30/9/03) |
| John Blackburn Ltd | Fined £2,000 under HASAWA 1974 s2. Whilst clearing a blockage in a waste paper compactor, injured falling from ladder on hearing mechanism start. No safe system of work, RA, information, instruction or training. Defective safety switch. | HSE Prosecution Case F15000053 (30/9/03) |
| Continental Conveyor Ltd | Fined £2,500 under PUWER 1998. Injured whilst using a CNC machining centre. Interlock removed and 2 further interlocks defeated. | HSE Prosecution Case F190000420 (30/9/03) |
| Solway Foods Ltd | Fined £2,000 under PUWER 1998. Inexperienced operator injured cleaning cabbage coring machine when glove became caught. Systems not being followed. | HSE Prosecution Case F090000418 (1/10/03) |
| Bacol Fine Blanking Ltd | Fined £6,000 under HASAWA 1974 s2. Injured using drilling machines. Inspector witnessed use of partly guarded drill. | HSE Prosecution Case F120000485 (1/10/03) |
| Is there a duty to protect the foolhardy from themselves. | What should someone in control of property do when a person comes onto his land, does something ill-advised and is injured. (K Bridges) | Safety & Health Practitioner 2003 21(12):12 |
| Waste firm fined over trailer death. | BIFFA Waste Services Ltd (previously UK Waste Ltd) fined £30,000 + £35,835 costs. Killed when trapped by the neck in the hydraulic tailgate of a refuse trailer. No witnesses. | Safety & Health Practitioner 2003 21(12):8 |
| £70,000 fine for legionnaires' deaths. | IMCO Plastics (since sold to Avalon Plastics) fined £70,000. 12 visitors to adjoining site infected with legionnaires' and 3 died. Failure to properly maintain its water cooling system. Manslaughter charges against MD, Mr M Lewis, put in abeyance due to his mental ill health. | Safety & Health Practitioner 2003 21(12):8 |
| Improperly secured ropes caused lift to plummet. | Re-ropes Ltd fined £20,000 + £16,938 costs. Mr A Sheridan proprietor of P&S Lift Services fined £5,000 + £18,250 costs. Engineers injured when a lift crashed 3 stories into basement. Ropes wrong size, single knot. Safety rope removed. No safe system of work or harness. | Safety & Health Practitioner 2003 21(12):8 |
| Site manager fined for not following procedures. | Mr JM Chitty (site manager for Caddick Constr Ltd) fined £2,500 + £1,115 costs. Sub-contractor injured when Mr Chitty used an FLT to move loaded pallets to 1st floor level. No training or authorisation. | Safety & Health Practitioner 2003 21(12):10 |
| Failure to act on complaints costs airport. | Gatwick Airport Ltd fined £10,000 + £52,800 costs + £12,000 costs previously ordered at High Court. Passenger on a buggy injured by a fire door which came off its magnet as she passed by. Previous complaints about the door. | Safety & Health Practitioner 2003 21(12):12 |
| A successful source of safety support. | The internet community for union reps now has 2,000 members since its launch 2 months ago and involves 53 of the TUC's 70 affiliated unions. | Further information. Internet: www.unionreps.org.uk Safety & Health Practitioner 2003 21(12):14 |
| New rules on exposure to electromagnetic waves. | The EU has agreed on a directive to protect workers exposed to electromagnetic fields and waves. | Safety & Health Practitioner 2003 21(12):15 |
| Praising the standards. | H&S professionals and the HSE's new guidance and standards on stress. (T Weadick) | Safety & Health Practitioner 2003 21(12):20-21 |
| Sugaring the pill: diabetes and work. | The various types of diabetes and steps to deal with difficulties. Although not an occupational illness, it can affect a person's ability to work safely. (Dr C Ide) | Safety & Health Practitioner 2003 21(12):22-24 |
| Springboard to a heightened status. | How the safety practitioner can make the right impact at boardroom level. (R King) | Safety & Health Practitioner 2003 21(12):26-29 |
| Falling victim to the erosions of time. | Small changes which may impact upon injuries caused by slips and trips in the workplace. (S Turnbull) | Safety & Health Practitioner 2003 21(12):30-32 |
| Keeping slips at bay. | Although still undergoing trials, SAT is a HSE PC-based package that allows 'non experts' to assess the slip risk potential of pedestrian walkways. (M Thomas) | Available summer 2004. Information Internet: www.hse.gov.uk/slips/index.htm Safety & Health Practitioner 2003 21(12):34-35 |
| Train companies due in court. | Thames Trains Ltd are summonsed on charges related to the Ladbroke Grove collision in 1999 and Railtrack (now Network Rail) and Balfour Beatty face charges related to the Hatfield crash in 2000. | RoSPA Occup Safety & Health Bulletin 2003 32(11):1-2 |
| Predicted deaths from mesothelioma. | New statistics predict the future numbers of people in GB likely to die as a result of mesothelioma, a form of cancer caused by asbestos. | Internet: www.hse.gov.uk/statistics/causdis/proj6801.pdf HSE Press Release E242:03 5/12/03 |
| Nuclear Safety Advisory Committee report published. | Triennial report covering NuSAC's work maintaining safety standards in the nuclear industry 1999/01. | Internet: www.hse.gov.uk/aboutus/hsc/iacs/nusac/ HSC Press Release C058:03 9/12/03 |
| Nuclear safety watchdog grants decommissioning consent for Bradwell. | The HSE has granted consent to decommission Bradwell nuclear power station under the Nuclear Reactors (EIAD) Regs 1999. | Report available shortly. Internet: www.hse.gov.uk/nsd/ HSE Press Release E248:03 10/12/03 |
| Protecting ambulance staff. | A national programme to better manage H&S in the ambulance service, where workers are the most likely to suffer injury through lifting and handling, or from aggression and violence. | HSE Press Release E245:03 11/12/03 |
| HGC Scaffolding | Fined £2,000 under CHSWR 1996. Bricklayer contractor injured falling 5m from scaffold in area where HGC were removing guard rails. | HSE Prosecution Case F050000169 (2/10/03) |
| Crest Nicholson Eastern Ltd | Fined £5,000 under CHSWR 1996. Bricklayer contractor injured falling 5m from scaffolding in area where HGC were removing guard rails. Principal contractor. | HSE Prosecution Case F050000170 (2/10/03) |
| T H E Section Bending Co Ltd | Fined £750 under PUWER 1998. Injured whilst using drilling machine. No guarding. | HSE Prosecution Case F140000350 (2/10/03) |
| MA Everett | Fined £2,500 under HASAWA 1974 s2. Injured falling 17' whilst free climbing tree to undertake arboricultural work. Unsafe system of work. | HSE Prosecution Case F010000674 (3/10/03) |
| Larry O'Sullivan | Fined £3,000 under HASAWA 1974 s2. 17 year old apprentice injured whilst using a manually operated crosscut saw. | HSE Prosecution Case F050000168 (3/10/03) |
| South Caernarfon Creameries Ltd | Fined £500 under PUWER 1998. Tripped over power cable or hose and injured landing on operating curd auger. No fixed guards and unsuitable interlocking. | HSE Prosecution Case F110000802 (3/10/03) |
| Fleece Ltd | Fined £2,000 under HASAWA 1974 s2. Injured falling 3.5m through fragile roof. No fall prevention. | HSE Prosecution Case F150000534 (3/10/03) |
| Shedding light on stress. | Organisations which are 'beacons of excellence' in stress management. (L Ponting) | RR133 Isbn 0-7176-2709-8 HSE £20 Health & Safety Bulletin 2003 (324):8-11 |
| Mobile phone driving ban guidance. | Dept for Transport guidance containing frequently asked questions on the scope of the ban on using hand held mobile phones introduced on 1/12/03. | Internet: www.dft.gov.uk/stellent/groups/dft_rdsafety/documents/ page/dft_rdsafety_025216.hcsp Safety Management 2003 (Dec):2 |
| Vibration regulations consultation. | Outline of the new duties on employers to control exposure to both hand arm and whole body vibration, due to come into force in July 2005. (D Axbey) | Safety Management 2003 (Dec):6-8 |
| Construction site handling blitz. | The HSE plans an inspection blitz on construction sites throughout London and the SE during March 2004. | Safety Management 2003 (Dec):10 |
| Let us entertain you. | How a major distributor of home entertainment products integrates the H&S of employees and temporary workers. (M Whitby) | Safety Management 2003 (Dec):18-19 |
| Road maintenance firm fined for deaths. | Ringway Highway Serv Ltd fined £150,000 + £42,000 costs. Peterborough CC fined £14,000 + £14,000 costs. Two killed in car crash caused by poor traffic management. Poorly trained Ringway workers sent to close a road. | Safety Management 2003 (Dec):22-23 |
| Machinery fatality leads to £80,000 fine. | Georgia Pacific GB Ltd fined £80,000 + £9,000 costs. Killed cleaning blade of a powered foil whilst out of sight of worker controlling the machine. Poor RA, no permit to work, isolation system or guarding. | Safety Management 2003 (Dec):24 |
| Worker crushed in loading operation. | Mr R Page co owner of RM Page & Sons Ltd fined £10,000 + £1,554 costs. Banksman injured when an excavator with a ballast brush was being loaded onto a trailer. Inadequate training. | Safety Management 2003 (Dec):26-27 |
| Why get sick from work? | How to manage the risks from stress, asthma and dermatitis. | Safety Management 2003 (Dec):32-34,36 |
| Managing occupational stress – feature. | Why the government is so intent on tackling work related stress and what organisations can do to minimise it. (C Spiers) | Safety Management 2003 (Dec):38-41 |
| HSE survey finds employers are complying with the law on employers' liability compulsory insurance. | A survey has concluded that ELCI compliance was nearly 99.5% and employers are increasing efforts to improve H&S and cut ELCI costs. | RR188 Isbn 0-7176-2796-9 £15 Available shortly from HSE Books Tel:01787-881165 HSE Press Release E243:03 12/12/03 |
| HSE reviews AWE Plc's decommissioning strategy. | The 5 year review of the strategy for the decommissioning of its nuclear licensed sites at Aldermaston and Burghfield. | 'AWE Plc's strategy…HMNII' Internet: www.hse.gov.uk/nsd/awestrategy.pdf HSE Press Release E247:03 12/12/03 |
| Statement of nuclear incidents at nuclear installations. | There were no incidents in the period 1/7/03-30/9/03. | HSE Press Release E249:03 15/12/03 |
| Getting back in the saddle. | Rehabilitating workers after stress related absence from work. (L Ponting) | Health & Safety Bulletin 2003 (324):12-14 |
| Warning! Parents at work. | H&S implications of new rights for parents to request flexible working patterns. (H Fidderman) | Health & Safety Bulletin 2003 (324):15-20 |
| Better handling. | Review of research results which will be used to update the HSE's guidance on manual handling. (C Dyer) | Health & Safety Bulletin 2003 (324):21-24 |
| Matchboard International Ltd | Fined £5,500 under HASAWA 1974 s2 / RIDDOR 1995. Injured whilst using a vertical spindle moulder. No guarding, training or RA. Not reported under RIDDOR within 10 days. | HSE Prosecution Case F030000415 (6/10/03) |
| Justin Wilkins | Fined £2,500 under HASAWA 1974 s2. No safe system of work for loading / unloading a floor saw from a van. | HSE Prosecution Case F070000437 (6/10/03) |
| Simeon Wilkins | Fined £2,500 under HASAWA 1974 s2. No safe system of work for loading / unloading a floor saw from a van. | HSE Prosecution Case F070000438 (6/10/03) |
| Dura Beds Ltd | Fined £10,000 under RIDDOR 1995 / PUWER 1998. Injured whilst using a table saw. No training. Not reported under RIDDOR. | HSE Prosecution Case F150000549 (6/10/03) |
| Meadow Foods Ltd | Fined £7,000 under HASAWA 1974 s2. Recent worker reversed an FLT into a loading bay and overturned. Unlicensed. | HSE Prosecution Case F170000407 (6/10/03) |
| Campbell Hayward Ltd | Fined £1,000 under PUWER 1998. During inspection a spin drier found with poorly maintained guards, non functioning dust extraction booth. Substandard RPE. Non compliance with an Improvement Notice. | HSE Prosecution Case F180000388 (6/10/03) |
| Roof Build | Fined £2,500 under HASAWA 1974 s3 / ELCIR 1998. Died falling from an unprotected edge whilst re-roofing a house. Suffered a heart attack prior to fall. | HSE Prosecution Case F230000280 (6/10/03) |
| Steven Warren | Fined £500 under CHSWR 1996. In control of roof work carried out without adequate fall prevention. | HSE Prosecution Case F200000518 (7/10/03) |
| European Metal Recycling Ltd | Fined £50,000 under HASAWA 1974 s2. Killed whilst clearing blockage in machine used to cut up electrical cable. No safe system of work, interlock defective. Inadequate RA, training and supervision. | HSE Prosecution Case F060000395 (8/10/03) |
| Keylighting Ltd | Fined £5,000 under HASAWA 1974 s33 / WHSWR 1992. Non compliance with an Improvement Notice requiring improvement of workroom temperature. | HSE Prosecution Case F150000539 (8/10/03) |
| Bartondale Homes Ltd | Fined £4,000 under HASAWA 1974 s4. Failure to ensure site was safe for sub contractors. | HSE Prosecution Case F230000236 (8/10/03) |
| Cragg Builders Ltd | Fined £1,500 under HASAWA 1974 s3. 6 year old injured after entering building site and climbing on blocks which became dislodged. No site security. | HSE Prosecution Case F230000276 (8/10/03) |
| Vickers Highbank Group Ltd | Fined £15,000 under HASAWA 1974 s2. Two injured when petrol or vapour ignited in rear of unventilated van where it was stored. | HSE Prosecution Case F080000369 (9/10/03) |
| Moray Seafoods Ltd | Fined £1,000 under COSHH 1999. Workers exposed to proteinaceous shellfish material. Some symptoms of occupational asthma and dermatitis. Inadequate RA and no health surveillance. | HSE Prosecution Case F200000562 (9/10/03) |
| ExtraCare Charitable Trust | Fined £8,000 under HASAWA 1974 s3. Resident who was hung in a loop of fibre optic cable and later died. No control of access to room or supervision. | HSE Prosecution Case F100000579 (10/10/03) |
| Flintshire County Council | Fined £7,000 under HASAWA 1974 s2 / MHSWR 1999 / WHSWR 1992. Agency worker injured falling >2m from trailer loading bay whilst unloading hedge trimmings into skip. | HSE Prosecution Case F110000788 (10/10/03) |
| Flintshire County Council | Fined £17,000 under HASAWA 1974 s3 / MHSWR 1999 / CAWR 1987. Asbestos identified during pipe replacement in multi-storey flats. No asbestos management, RA or training. Exposure of workers, residents and property contamination. | HSE Prosecution Case F110000793 (10/10/03) |
| Mr DB White | Fined £3,000 under MHOR 1992 / MHSWR 1999. Injured at work. Failure to assess and manage manual handling problems. | HSE Prosecution Case F010000684 (13/10/03) |
| Combine Fabrications Services Ltd | Fined £2,500 under PUWER 1998. Injured entangled on a radial arm drill. No guarding. | HSE Prosecution Case F130000446 (13/10/03) |
| Blagden Packaging NV | Fined £3,500 under MHSWR 1999. Injured in a 2m high enclosure whilst adjusting the setting on a pre-curl machine. No RA. | HSE Prosecution Case F160000417 (13/10/03) |
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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