H&S News January 2008

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Norman Barry Ellis, director of Q Homes (Yorkshire) Ltd, was ordered to undertake 100 hours Community Service and pay costs of £6,000.  HSE warns employers of the need to plan ahead for the safe working of their employees following the death of Andrew Bridges.  Andrew was helping Mr Ellis to demolish a 2.5 tonne reinforced concrete roof when he was crushed beneath the falling roof.  Failure to ensure, sfarp, the H&S of a company employee.

Anthony Broderick, a self employed property developer, fined £17,500 and costs of £9,500.  John Jones stepped from his home into an alleyway when the excavator driven by Mr Broderick unintentionally hit a wall that collapsed onto Mr Jones and killed him.  Failure to ensure safety of people not employed by him from risks arising from construction work.

HSE has launched an intensive inspection scheme that will take inspectors onto more than 100 farms in Yorkshire over the month.

Tree work is dangerous with  estimated odds of someone in forestry and arboriculture sustaining a fatal or major injury of 1 in 20.  Thanks to an active approach to risk management developed in conjunction with HSE, the workers on the slopes of North Yorkshire's Dalby Forest have been making light work of the job of harvesting the thousands of trees it sells around Christmas.

HSE has published a corrected version of its final report on potential breaches at the Pirbright site.  There is corrected text in paragraph 142, although HSE wish to make clear that the correction does not affect any of the conclusions drawn or recommendations made in the report published on 7 Sept 07.

John Ruck Construction Ltd fined £3,500 and costs of £1,165.  Mark Woodward fell more than 15ft through a roof when sufficient measures had not been taken to support or protect anyone falling off or through fragile roofs adjoining the one that was being re-roofed.

Stockport Metropolitan Borough Council fined £6,000 and costs of £3,343.38.  Simon Nicoll suffered leg injuries after his vehicle overturned and landed on top of him whilst carrying out landscaping work.  Failure to ensure the H&S of an employee.

Hadden Construction Ltd fined £2,500.  HSE has warned the house-building industry of the importance of maintaining scaffolding in good condition.  Robert Bone sustained severe injuries when he fell approx 3.3 metres from the scaffold he was working on.  Failure to maintain site scaffolding in a safe condition and ensure that only competent persons carried out alterations to it.

Sir Robert McAlpine Ltd fined £40,000 and costs of £12,526.  A mobile crane struck a lamp post which shattered and fell, resulting in a construction worker losing his foot.  Adjustments were not made that took account of the position of the lamp post.

The estimated costs of accidents and ill health to the NW economy last year was a massive £1.4bn and HSE North West's Regional Director, David Ashton, wants both employers and their staff to make a New Year's resolution to cut that figure.

Fined £2,000 under WHR 2005.

Fined £10,000 under HASAWA 1974 s2.  IP sustained serious leg injuries when a temporary hidden manhole cover collapsed under him as he walked across construction site.

Fined £7,500 under HASAWA 1974 s21.  Failure to comply with IN requiring inspection and remedial works to fixed and portable electrical installations.

Fined £10,000 under HASAWA 1974 s3.  Construction work took place with asbestos containing materials still present.

Fined £5,000 under HASAWA 1974 s3.  Failure of Trust to manage the risks from asbestos containing material in accommodation blocks.

Fined £4,000 under HASAWA 1974 s2.  IP was exposed to the cutting part of a Heavy Duty Spindle Moulder resulting in severe laceration and loss of two fingers.  Failure to provide a safe system of work for the machine's operation.

Fined £2,500 under WHR 2005.  Inadequate protection against falls and nothing to prevent materials falling into an area used by the public.

Fined £100,000 under HASAWA 1974 s2.  This case did result from the investigation of a fatality.

Fined £10,000 under HASAWA 1974 s3.  IP fell approx 3m from top of ladder onto shot blaster and bins, and thence onto floor.

Fined £35,000 under HASAWA 1974 s2.  This case did result from the investigation of a fatality.

Fined £10,000 under HASAWA 1974 s2.  IP was unloading lorry by hand when the load unexpectedly moved causing him to fall to the ground sustaining serious injuries.  Failure to provide adequate information, plant, equipment and systems of work whereby employee, not having been informed how heavy load of pipes was, decided to unload manually.

Fined £16,000 under HASAWA 1974 s3.  This case did result from the investigation of a fatality.  Failure to ensure that all reasonably practicable measures were in place.

Fined  £16,000 under HASAWA 1974 s3.  This case did result from the investigation of a fatality.  Failure to ensure that all reasonably practicable measures were in place.

Fined total of £2,000 under WHR 2005 and MHSWR 1999.  Fall from height accident due to work platform being overloaded and collapsing.  Platform not supported and management untrained.

Fined £2,000 under HASAWA 1974 s2.  This case did result from the investigation of a fatality.

Fined total of £15,000 under HASAWA 1974 s22 and WHR 2005.  Failure to comply with PN - unsafe work at height and unsafe work platform.

Toyota Motor Manufacturing (UK) Ltd fined £25,000 and costs of £3,321 under HASAWA 1974 s2 and MHSWR.  Two men fell from 2.5 metre high stepladders, one man suffering major injuries, the other was uninjured.

SHADs are benefiting businesses across the country.  … So what are they and how can they help you?

'There are quite a lot of people out there who are less than fair in their assessment of what we do and the place of H&S.  It will give me great pleasure to take some of them on.'  Fighting talk from the new Chair of the HSC who started her five-year term on 1 October.

There are approx 2,000 surface engineering companies in the UK, most in the sub-contract sector.  The majority are small companies, employing less than 50.  A selection of real-life accidents.

Fireworks are fast becoming a more popular way to celebrate, whether it's for the traditional bonfire night, Christmas, Diwali, the Chinese New Year, or just a birthday.  If you supply or use fireworks, there are legal duties that affect you.

Slips and trips stubbornly remain the biggest cause of accidents in the workplace.  Falls at work still contribute significantly to the annual toll of workplace deaths.  So, in a new push to drive the numbers down, HSE is launching a major campaign next spring.

HSE's Infoline team of operators are (sic) a mine of useful information.  An answer to one of the most commonly asked questions.

Pressure is part and parcel of all work and helps keep us motivated.  But excessive pressure can lead to stress, which undermines performance, is costly to employers and can make people ill.

Outlining the adventure activities scheme, guidance on safety standards and on the licensing authority's functions and the approaches it will adopt in its dealings with providers and the public.

A new leaflet giving essential advice on the H,S&W of temporary (including migrant) workers.

Steven Smith sentenced to two and a half years in prison for gross negligence manslaughter, conspiring to pervert the course of justice and failing to protect Paul Alker and his co-worker contrary to HASAWA 1974 s2.  Mr Alker fell 7.6 metres through a skylight whilst working on a store roof.  Despite surgery, he died shortly afterwards.  Smith had tried to persuade police investigators that he had issued harnesses for use but they discovered the equipment had only been purchased after the fatal accident. 

The Government has launched a public consultation exercise as part of its review of H&S regulation designed to lighten burdens on low-risk businesses, especially SMEs.

Walkers Midshire Foods Ltd fined £20,000 with costs for failing to safeguard the safety of an employee who lost the tops of two fingers in a meat chopping machine.

Members of the European Parliament have approved new legislation requiring EU states to supply the EC with national data on workplace accidents and occup illness.  The new rules give Brussels comparable data for member states for the first time.

Clarification of labelling requirements for heavy loads and drinking water are two ways the HSE hopes to meet its target for reducing the red tape it requires of business by 25%.   In its 2nd annual simplification report, it claims the manual handling and water labelling schemes could save business up to £40 million.

New task-based assessment aims to cut £12.5 billion annual benefit bill.

UK Resource Management fined £4,000 plus £3,000 costs for exposing employees to harmful chemicals.  No local ventilation to remove vapour in its plant.

Sparena Leisure fined £15,000 plus £2,562 costs.  Steven McHugh was injured when the handlebars of the exercise bike he was using collapsed.  They had been adjusted beyond their safe maximum height and there was no methodical system for checking whether the bikes had been adjusted beyond their safe limit.

Calendar of new and upcoming legislation.

To mark the start of HSW's 30th anniversary year, a look back to the magazine's first issue to see how times have changed.  (Louis Wustemann)

The challenges of protecting the 2,000 staff, 400,000 visitors and 150 million items of the British Library.  (Jocelyn Dorrell)

As employee assistance programmes continue to gain ground in the UK, a look at what these services offer and how employers can get the most from them.  (Becky Allen)

The Government-funded Workplace Health Connect consultancy service gets the thumbs up from employers, though it might be better renamed Workplace Safety Connect.  (Lucie Ponting)

In the latest of his series of revision pieces for students of the NEBOSH National Diploma, Lawrence Bamber goes back to some more landmark legal judgments.

A look at systems and monitoring which are vital to minimise the risk of Legionella outbreaks.  (Geoff Hermitage)

At the Edinburgh Branch of IOSH, Judith Hackitt, Chair of HSC, told a group of H&S professionals that they must balance their own important role with ensuring others show responsibility and leadership to make Scotland a safer place to work.

Following the conclusion of the inquest today, HSE's Divisional Director for Wales and the South West, Terry Rose said, 'All incidents involving children are particularly tragic. … There are many lessons to be learned from this case by many parties. … I would like to take this opportunity to raise awareness of the rare but potentially serious scalding risk from domestic water systems.  An overheating immersion cylinder will normally show obvious signs such as excessive noises, a very hot cylinder or airing cupboard, or hot water coming from cold taps.  If you are aware of these signs, switch off the heater system and seek the help of a professional plumber.  Tenants should alert their landlord.'

Bridgend CBC has signed up to the HSE's campaign to combat the growing number of myths that are undermining important H&S legislation.

Fined £12,000 under HASAWA 1974 s2. 

Fined £5,000 under HASAWA 1974 s2.  Operative injured as a result of falling from  conveyor.  Operatives regularly accessed pit area with conveyor running.

Fined £2,000 under HASAWA 1974 s7.  This case did result from the investigation of a fatality.

Fined £6,000 under HASAWA 1974 s3.  DO - scaffold collapse.

Fined £5,000 under HASAWA 1974 s2.  Employee injured whilst operating unguarded machinery.

Conditional discharge under PUWER 1998.

Fined £10,000 under HASAWA 1974 s2.  Employee injured in nip roller of machine.

Fined £25,000 under WHSWR 1992.  IP run over by 36 ton forklift whilst crossing a 3 lane roadway.

Fined £10,000 under HASAWA 1974 s3.  Asbestos incident.

Fined £10,000 under HASAWA1974 s2.  Employee fell 20' from overhead gantry when handrail failed, multiple injuries.

Guilty, imprisoned under Petroleum Act 1987.  Safety Zone infringement.

Storeys Industrial Products Ltd, formally known as Wardle Storeys, fined £350,000 and costs of £60,000 under HASAWA s2.  John Balls was left with serious burns to his face, chest abdomen and hands following an explosion and fire after inappropriate handling and use of dried Nitrocellulose.

Companies whose gross negligence caused deaths will face corporate manslaughter charges for next April.  At present firms can only be convicted of manslaughter (culpable homicide in Scotland) only if top executives were also personally responsible.  This ignores the reality of decision-making in large organisations, fails to make them fully accountable for overall risk management and does not provide justice for victims.

Ministers want to amend the Health and Safety at Work Act 1974 to merge the current HSC and HSE, creating a single executive.  At present both are separate non-departmental public bodies established by HASAWA.

Since the introduction of the 'Fire Safety Reform Order' and equivalent reforms in Scotland, UK businesses are paying more attention to fire alarm installations.

Police officers and inspectors from the Vehicle Operator and Service Agency (VOSA) will collect on the spot fines from foreign lorry drivers who beak the law from next April.  VOSA officials will also have powers to issue fixed penalty notices as part of the Government's current programme to clamp down on hauliers that breach regulations governing driving hours, vehicle weights and road safety.

Statistics collected by the EU show that the chances of 18 - 24 year olds having a non-fatal occupational accident are 40 per cent higher than average.  Researchers explain this by claiming that younger workers are less aware and ill-informed about hazards, are inadequately trained and supervised, and often given inappropriate tasks.

Within two years, England could have a centre of excellence to support fire and rescue services.  Proposals are currently up for public debate having being drawn up by Dept Comm and Local Gov following talks with Chief Fire Officers and reps from LAs and the Fire Service College.

Manufacturers and users of acetylene cylinders need to work together to find solutions that will reduce the risk to the public and firefighters when these cylinders are involved in fires, London Fire and Emergency Planning authority has said.

Organisations found guilty of corporate manslaughter should face publicity orders and fines based on average annual turnover - these are the key proposals published in a consultation paper on sentencing guidelines for the new offence.

Two Network Rail employees have been arrested by British Transport Police in connection with the derailment of a Virgin Trains Pendolino in Feb 2007.

A proposal to amend the Control of Noise at Work Regulations 2005 so that they state that hearing protection supplied for use at work has to comply with the PPE Regs 2002 has been published for consultation.  An error meant that the requirement was not carried over to the published 2005 Regs from the Noise at Work Regs 1989.

A project to tackle 'side-swiping' incidents (when a lorry changes lane and strikes a vehicle travelling alongside) involving left-hand drive trucks has led to a 59% reduction in this type of accident.

Mental health charity MIND said it is concerned that the new work capability test which is set to be introduced by the Government as part of its plans to reform incapacity benefits will force people with mental health problems back to work before they are ready.

Glen Dimplex Cooking have agreed to pay out £250,000 to Mr Smith, a facilities engineer.  Mr Smith has had his life seriously impaired as a result of a serious back injury sustained at work.  He was injured when he fell down a damp sloping grass verge whilst reading meters at the firm's premises.  No safe access was available.

The Scottish Government is to introduce legislation to reverse the House of Lords recent judgment on pleural plaques.

We are all dealt a hand of genes when we are conceived, these may or may not make us susceptible to certain diseases, but who should have access to this information?  Employers, insurance companies, our families, enforcement agencies?  As technological advances bring down the cost of screening and increases access to genetic testing, the debate about its ethical implications continues.  (Elizabeth Gates)

When foot and mouth disease broke out in Surrey last year, conflict of interest meant it was not Defra who was called in to lead the official investigation into the outbreak but HSE. A report on the investigation that followed.  (Nick Cook)

An examination of the risks of working with electricity and electrical equipment, highlighting some of the hazards common to most work situations and an explanation of measures that can be taken to control the risks to workers' health and safety.  (Oscar Windsor-Smith)

The Government's Better Regulation Executive is asking for views on what can be done to simplify H&S legislation for smaller businesses.  (Roger Bibbings)

Chair of HSC Judith Hackitt has welcomed the announcement of the establishment of the Risk and Regulation Advisory Council (RRAC) and expressed the Commission's and HSE's strong interest in working with the new body to address the key issues related to public risk and the role of policy makers and regulators.

David Mountford sentenced to six months in prison.  This followed an investigation into numerous incidents where Mr Mountford carried out work on gas appliances whilst he did not possess CORGI registration, often under different names including David Mansfield.

As the lambing season approaches, potentially one of the busiest times of the year for using quad bikes, HSE is urging farmers to make sure they wear a safety helmet when using the machines which are also known as all terrain vehicles (ATVs).

Fatal injuries and accidents in the road haulage sector have cost the UK economy between £117m and £145m over the last five years, and resulted in up to 20 deaths and more than 100,000 accidents.  These were startling figures to be presented to a special HSE presentation on 15th Jan in Durham.

Avon and Wiltshire Mental Health Partnership NHS Trust fined £20,000 and costs of £12,502.  Iris Carey, a patient at a Swindon hospital, suffered a broken ankle and compressed fracture of the vertebrae after falling approx 5.5 metres from an unrestrained window at the hospital.

HSE has issued an Improvement Notice to Warwickshire Fire and Rescue Authority.  As a result of work on the ongoing investigation into the tragic deaths of four firefighters last year, HSE has formed the opinion that, based on the evidence seen, the current arrangements employed by WFRA do not comply with the statutory duties to provide firefighters with all the information they should have to assist them in making appropriate decisions when attending a fire.

Fined £4,000 under HASAWA 1974 s3.  Non-compliance with IN.

Fined total of £3,000 under MHSWR 1999, WHR 2005 and ELCIR 1998.  Employees seen working at height in an unsafe manner on side of building.  PN issued, became apparent that work had already been carried out on roof in an unsafe manner.  Also, no Employers' Liability Insurance.

Fined total of £1,950 under WHR 2005.  Complaint of work at height during construction of new building.

Fined £4,000 under HASAWA 1974 s3.  Complaint of work at height during construction of new building.

Fined £30,000 under HASAWA 1974 s2.  This case did result from the investigation of a fatality.

Fined total of £100,000 under HASAWA 1974 s2 and s3.  This case did result from the investigation of a fatality.

Fined £4,500 under WHR 2005.  Employee working off ladder carrying out maintenance work fell to the ground.  No safe system of work for work at height.

Fined £750 under GSIUR 1998.  Building work to chimney partially blocked fire and flue, and materials used were not suitable.

Fined £1,000 under GSIUR 1998.  Attempted to carry our repairs to a gas cooker whilst not competent or CORGI registered.

Fined total of £19,5000 under PUWER 1998.

Fined £14,000 under HASAWA 1974 s3.

Fined £3,000 under WHR 2005.  Employee was undertaking cleaning of a grain bin working at height (approx ten feet from ground), standing on wooden pallet raised on the tines of a tractor.

Meridian Metal Trading Limited fined £20,000 and costs of £5,824 under HASAWA 1974.  Darren Nelson lost the lower part of his right arm following it being crushed in a piece of moving machinery.

HSE has issued an Improvement Notice to Warwickshire Fire and Rescue Authority.  As a result of work on the ongoing investigation into the tragic deaths of four firefighters last year, HSE has formed the opinion that, based on the evidence seen, the current arrangements employed by WFRA do not comply with the statutory duties to provide firefighters with all the information they should have to assist them in making appropriate decisions when attending a fire.

County Mulch Ltd fined £40,000 and costs of £9,000 under HASAWA 1974 and PUWER 1998.  Employee Igor Popov suffered serious injuries when his arm was dragged into a machine and trapped between the conveyor belt and scraper bar.  Failure to ensure, so far as is reasonably practicable, the HS&W of their employees.

In an effort to reduce the numbers of farm workers killed and injured each year, HSE is holding a Safety & Health Awareness Day in Pershore College of Horticulture on Tuesday 12 Feb 2008.

Franco's Bakery (2003) Ltd fined £2,750 and costs of £2,550 under PUWER 1998.  Munaf Adam was injured when he slipped whilst standing on a metal table in order to reach the top of a machine seven feet off the floor.  He put out a hand to break his fall but it was drawn into the machine by unguarded rollers.

Excelcare Developments Ltd fined £20,000 and costs of £7,500 under LOLER 1998 and CHSWR 1996.  Following the collapse of a floor under construction when it was overloaded, four workers were injured including spinal fractures.  Since the incident in 2003 one worker has been unable to return to work and another still suffers from back pain.

HSE is holding three awareness-raising events in the south west to alert businesses of the dangers of ULDs.  They are to be held at Dorchester (5th Feb), Bristol (6th Feb) and Exeter (7th Feb).

Fined £4,000 under PUWER 1998.  Employee injured whilst operating machinery.  Fundamental failure to provide adequate guarding resulting in an entirely foreseeable and preventable accident.

Fined total of £500 under GSIUR 1998.  Azam Siddiqi, a CORGI registered installer, left an appliance inadequately isolated (not capped off) and in a dangerous condition with no means of isolation.  The appliance was subsequently used.

Fined £5,000 under SMSR 1992.  Accident at Aga Consumer Products Ltd on unguarded rotary valve on sand extraction unit.  Breach of Supply of Machinery (Safety) Regs.

Fined total of £11,500 under HASAWA 1974 s2 and MHSWR 1999.  Employee suffered fractured skull, neck and wrist when they fell 3 metres from a mezzanine floor without edge protection.

Fined £2,500 under HASAWA 1974 s2.  Employee operating plastic injection moulding machine when his right hand was crushed between the two mould faces closing under pressure.

Fined total of £2,000 under HASAWA 1974 s3 and GSIUR 1998.  CORGI registered installer (with previous history of non-reg gas work) moved meter to an unsuitable place and caused gas leak.  Failure to discharge duty imposed on him, as self-employed person, by s3 of HASAWA and contravention of GSUIR.

Fined total of £4,000 under CDMR 1994.  This case did result from the investigation of a fatality.  Non-employee electrocuted.  Failure, as planning supervisor, to appoint principal contractor or to ensure safety plan in place prior to commencement of work.

Fined total of £30,000 under HASAWA 1974 s3 and EWR 1989.  This case did result from the investigation of a fatality.  Non-employee electrocuted.  Failure, as main contractor, to ensure electrical supply to demolished building had been left in a safe manner.

Fined total of £15,000 under HASAWA 1974 s2 and EWR 1989.  This case did result from the investigation of a fatality.  Employee electrocuted.  Failure to ensure site was safe prior to employees commencing work on site - domestic electrical supply left on site in an unsafe manner by main contractor.

Fined total of £4,500 under MHSWR 1999 and WHR 2005.  IP fell from height when ladder he was working from slipped away.

Fined £700 under MHSWR 1999.  IP returned from a break and his arm was dragged into a machine which had been left running during the break.  The machine was silent running and had a fast spinning blade.

Fined total of £4,000 under COSHH (amendment) Regs 2003.  Six employees suffered symptoms of exposure to DCCI.  PPE unsuitable for protection.

Fined total of £11,000 under HASAWA 1974 s2 and MHSWR 1999.  Ken Ransom, an employee of Ronald William Wilkinson (t/as Associated Polymer Resources), suffered severe injuries including the loss of both arms when drawn into the shredding chamber of a machine.

Fined total of £7,500 under HASAWA 1974 s3 and WHR 2005.  Scaffold collapse,

Fined total of £1,500 under HASAWA 1974 s33 and WHR 2005.  Mr Cosgrove and three others were found working at height in an unsafe manner.  PN issued requiring him to stop all work immediately and requiring proper precautions to be put into place.  He failed to comply with Notice.

Fined total of £15,000 under MHSWR 1999 and HASAWA 1974 s2.  Robert Dobson injured on circular saw.

Fined £2,500 under HASAWA 1974 s2.  Employee fell through roof whilst crossing it to clean a valley gutter.  Failure to provide a safe system of work for undertaking roof work.

Fined £20,000 under HASAWA 1974 s2.  This case did result from the investigation of a fatality following trench collapse.

Fined £300,000 under HASAWA 1974 s3.  This case did result from the investigation of a fatality following trench collapse.

Fined £1,500 under CHSWR 1996.  Contravention of requirements of a Prohibition Notice served on company because of inadequate traffic management.

Fined £3,750 under COSHH 2002 (as amended).  During proactive inspection of company, IP found to be suffering from silicosis.  IP had worked for the company for 32 years, predominantly with hand-held rotary tools including grinders, mostly on sandstone.