Health & Safety News - Week ending 16th July 2010
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| £9.5M bill for firms behind Britain's most costly industrial disaster. |
| Five companies have been ordered to pay £9.5 million for their part in the 2005 fire and explosion at the Buncefield Oil Storage Depot, in Hertfordshire. The £1.3 million in fines for the pollution caused are a record in the UK. The £3 million fines for Total are the second highest to be handed down for safety offences. Concluding a four-month trial at St Albans Crown Court, Mr Justice Calvert-Smith said the companies had shown "a slackness, inefficiency and a more or less complacent attitude to safety". The prosecution of Total UK Ltd, British Pipeline Agency Ltd (BPA), Hertford Oil Storage Ltd (HOSL), TAV Engineering Ltd (TAV), and Motherwell Control Systems 2003 Ltd, followed the most complex investigation ever conducted by the HSE and Environment Agency. The painstaking investigation uncovered a series of serious failings that led to thousands of gallons of petrol being released in a large vapour cloud. The resulting explosion registered at 2.4 on the Richter scale, injured 43 people and destroyed nearby businesses. The environmental impacts of the disaster are still evident today. The cost of dealing with the disaster had been estimated at more than £1 billion, making it the most costly industrial incident in the UK. (More...) |
HSE (National) Press Release 16/7/10 |
| PM fulfils vow to address health and safety rules. |
| Lord Young of Graffham has been officially appointed as advisor to the Prime Minister on H&S law and practice. He will carry out a Whitehall-wide review of the operation of H&S laws and the growth of the "compensation culture". The new safety minister Chris Grayling welcomed the appointment saying, "It is important that we review health and safety regulation so that while people are protected at work there isn't a burden on business, and the people can use their common sense without fearing they are breaking the law." |
SHP Jul 2010:6 |
| One on seven sick days is spurious, claims business group. |
| Around 27 million bogus sick days are taken every year, costing the UK economy £2.5 billion. This is the suggestion from the latest employee absence survey from the CBI and Pfizer. |
SHP Jul 2010:7 |
| Government department in fire safety-breach embarrassment. |
| The Government department in charge of fire safety policy in England and Wales has been served with an enforcement notice in relation to multiple fire-safety failings. The London HQ of the Communities and Local Government received the notice in February. It alleges breaches of 13 of the 15 articles in the Regulatory Reform Order that impose duties on the CLG as the responsible person. A spokesperson has said that the recommendations were in the process of being fully implemented. |
SHP Jul 2010:7 |
| Bring on directors' duties, urge top lawyers. |
| About 80 in-house lawyers for a range of firms in such sectors as construction, chemicals and utilities, were asked by Manchester based Pannone LLP whether further duties need to be placed on directors in order for them to really focus on H&S. Two thirds of the lawyers said directors' duties in law are necessary to ensure they take H&S seriously, and 65 per cent believe they are needed to protect workers. |
SHP Jul 2010:8 |
| Safety manager failed to identify electricity risk. |
| Alan Agar, safety manager for Power Testing Ltd, has lost his appeal against his conviction in 2009 for breaching HASAWA 1974 s2, when he was fined £2,500 and costs of £5,500. Two technicians were installing a capacitor to help reduce the energy consumption on the site. One of the workers was fitting cables in the back of the capacitor, and next to a number of live conductors. The cables came into contact with one of the conductors and caused a flashover. The worker suffered burns to his face and upper body, and has been unable to return to work. Mr Agar had overall responsibility for ensuring the risk assessments were conducted, and for advising the company directors on safety matters and for drawing up safety procedures. However, he failed to carry out a suitable RA and did not ensure that power to the equipment had been isolated. |
SHP July 2010:11 |
| Dangerous boiler passed as fit by competent person. |
| Anthony Sidney Reen, trading as Steaming for Pleasure, fined £750 and costs of £1,500 under HASAWA 1974 s3. Mr Reen examined a railway locomotive boiler between November 2006 and April 2007 as it needed to pass several safety checks before it could enter service. He gave it a clean bill of health and declared it fit for service. Months later, after being used by several heritage railways, it failed an examination because of defects with the boiler. Investigation found that the boiler was in a dangerous condition at the time Mr Reen examined it and should have undergone suitable repairs, followed by certification. |
SHP Jul 2010:12 |
| Construction firms fine increased eightfold by Scottish appeal court. |
| Scottish judges have substantially increased the fine payable by Discovery Homes (Scotland) Ltd after an appeal hearing deemed the original penalty "unduly lenient". The company had been fined £5,000 in relation to the death of Andrezej Freitag in 2008. This will increase to £40,000. The fine levied on one of its directors, Richard Pratt, remains at £4,000 as the court was "not persuaded" that his fine was unduly lenient. |
SHP Jul 2010:12 |
| Things can only get stricter. |
| A recent case before the Court of Appeal is a clear warning that individuals convicted of criminal offences leading to a workplace death can expect to be dealt with more severely in the future. (Michael Appleby) |
SHP Jul 2010:19 |
| Jungle law. |
| The regulatory system can seem like a jungle to businesses that covet a clear understanding of how they can work effectively with different inspectorates. What organisations should bear in mind if they want to get the best out of their relationships with regulators. (Alison Gray and Anna Hart) |
SHP Jul 2010:37-40 |
| Grand scheme of things. |
| In January this year, the HSE published new guidance on asbestos surveying, which explicitly advocates the need to be able to demonstrate and ensure competency. How both surveyors and duty-holders can do so. (Martin Gibson, Martin Stear and Jon Murthy) |
SHP Jul 2010:42-44 |
| Two sides of the same coin. |
| Exploring the hazards nurses face and the challenges on the horizon, a focus on the health and well-being of health-care staff will reap benefits for patients. (Kim Sunley) |
SHP Jul 2010:46-48 |
| Take care on the hoof. |
| Cautioning against an over-reliance on dynamic risk assessment to protect lone workers, and how organisations can effectively integrate dynamic risk assessment methodology into their risk management processes. (Edmund Jacobs) |
SHP Jul 2010:50-52 |
| Temporary measures. |
| With thousands of students getting ready to embark on temporary jobs during their summer holidays, a reminder to businesses of the importance of identifying and managing the additional risks associated with employing young seasonal workers. (Phil Grace) |
SHP Jul 2010:55-56 |
| Health Protection Agency exposed staff to E.coli. |
| The Health Protection Agency (HPA) fined £25,000 and costs of £20,166.10 under HASAWA 1974 s2. They exposed several employees to the risk of infection of E.coli O157. The staff concerned were working at the Centre for Infections when an amount of the bacteria spilled onto the floor of the site waste discard facility, as it was being disposed of. HSE investigations found that there was an overall failure to ensure safe handling of the bacteria which is classified as Hazard Group 3 waste. Biological agents are classified into one of the four hazard groups 1-4 according to their level of risk of infection, 4 being the highest. Specifically HPA had failed to assess the risk involved in the waste transfer and disposal of E.coli O157 and had not properly trained employees involved in this work to ensure it was carried out in accordance with standard operating procedures. Some of the equipment used in this process had also been identified as being defective 18 months prior to the incident, but no action was taken to rectify this. |
HSE (National) Press Release 9/7/10 |
| HSE formalises safety partnership with British Sugar. |
| HSE has formalised a longstanding partnership with British Sugar aimed at reducing accident and ill-health risk in the work place. David Ashton, HSE's Director of Field Operations signed a memorandum of understanding with Gino De Jaegher, Managing Director of British Sugar UK and Ireland, at one of the company's processing plants in Norfolk. The agreement marks a significant milestone in the partnership between HSE and British Sugar UK and recognises improvements to the company's safety performance over the last five years. In it, HSE agrees to support British Sugar UK in its pledge to continue to develop proportionate and sensible risk control systems and to improve its H&S performance. British Sugar UK commits to championing the drive to improve workplace protections by striving to be an exemplar in occupational health and safety. The signing was supported by both the GMB and Unite Unions on behalf of employees. |
HSE (National) Press Release HSE-E-20 9/7/10 |
| Two leading health and safety figures awarded engineering fellowship. |
| Two leading figures from the HSE have been awarded a prestigious fellowship for their work within the engineering industry. HSE Chair, Judith Hackitt, and Head of HSE's Nuclear Directorate, Mike Weightman, were elected as Fellows of the Royal Academy of Engineering, the UK's national academy of engineering following its AGM this week. Academy President Lord Browne of Madingley described the expertise of the elected Fellows as a "unique national resource". Fellows are nominated and elected by industry peers. Judith is a chemical engineer with more than three decades of industry experience. Her work included roles at Exxon Chemicals and Elementis Plc where she was Group Risk Manager with worldwide responsibility for H&S insurance and litigation. |
HSE (National) Press Release 12/7/10 |
| Caerphilly engineering company fined after workers' fingers severed. |
| Encon Engineering (Wales) Ltd fined £8,000 and costs of £2,000 under PUWER 1998. Mr Rhys Davies, 25, suffered serious injuries after his fingers were severed in an unguarded machine. He lost four fingers and the top of his thumb. Mr Davies was working on a machine used to mill titanium plates when the incident happened. Surgeons reattached three fingers, but his injuries remain severe and he is continuing to receive treatment. |
HSE (National) Press Release 817/W/10 13/7/10 |
| Worker suffers multiple injuries at barn. |
| Adrian Evens fined £2,000 and costs of £2,000 under HASAWA 1974 s2. Andrew Oliver fined £2,000 and costs of £2,000 under HASAWA 1974 s3. John Long fined £1,000 and costs of £1,500 under HASAWA 1974 s3. David Pass, 28, was standing on the roof of a former riding stable, removing corrugated panels, when he fell eight metres to the ground below. He suffered serious injuries to his head and back, was in a coma for several days and was made partially blind in one eye. HSE investigations found that no scaffolding or protection had been provided for the worker, who was expected to balance on the steel frame of the building while removing roof panels. John Long, 62, was the owner of the barn and had acted as a project manager. He had hired Andrew Oliver, 43, to carry out the work, who subcontracted it to Adrian Evens, 35. |
HSE (National) Press Release HSE/NW/06EvensOliverLong 14/7/10 |
| Car wash firm failed to protect workers. |
| Prowash Systems Limited fined £6,750 and costs of £1,000 under ELCIA 1969. The company failed to produce a current Employers' Liability Compulsory Insurance (ELCI) certificate when an H&S Awareness Officer from the HSE visited the premises. All employers need to have the certificate and must show a copy to a HSE official immediately on request. When Prowash Systems failed to do this it was issued with an ELCI "notice to produce". The company did not comply with this notice and when representatives from the company were then called to an interview with HSE inspectors they failed to attend. The company also failed to attend court, so Magistrates heard the case in the company's absence. |
HSE (National) Press Release HSE-E-21 14/7/10 |
| Firm fined after man has top of finger amputated. |
| Building Adhesives Ltd fined £10,000 and costs of £4,000 under PUWER 1998. The 49 year old employee was injured while loading large fabric bags containing rubber into a hopper for distribution around the factory. The employee had been using a machine that had been modified when the incident occurred. The company had previously replaced a fixed guard with an incorrectly fitted interlocked guard, meaning the worker was able to access the screw conveyor where his right hand was subsequently caught, causing serious injury. The man was taken to hospital where surgeons had to amputate his middle finger past the first knuckle. His ring finger was also damaged. |
HSE (National) Press Release WM173/10 15/7/10 |
| Courtroom drama for construction industry. |
| Local construction firm managers are being invited to attend a mock trial (22 July) to help them understand how important good health and safety is, by seeing first hand what can happen when things go wrong and a worker is injured. In the pretend criminal trial at Northampton's 17th century Sessions House Court, both the company and the director of the fictional company are to be prosecuted by the HSE, with the verdict decided on the day. Anyone wishing to attend the event should email Nicola.smy@hse.gsi.gov.uk or call 01604 738333. Tickets are £25 per person which includes tea/coffee and a buffet lunch. |
HSE (East Midlands) Press Release 14/7/10 |
| Steeplejack seriously injured after fall from bell chamber. |
| The Cedars Steeplejack (Midlands) Ltd fined £6,600 and costs of £4,774 under WHR 2005. An employee was removing bird debris and cleaning the bell chamber of a church when the incident happened. HSE investigation showed that two workers had gained access to the spire of the church via the staircase and set out scaffolding planks to stand on to carry out the work. The planks had been laid on rotten floor boards which gave way when one of the workers stepped onto the board, causing him to fall 6.3 metres to the floor below. His injuries were five cracked vertebra, a broken pelvis and serious internal injuries. He has been unable to work since the incident. The company did not adequately assess the risks from the work in the bell chamber and did not select the right equipment to ensure it could be done safely. |
HSE (East Midlands) Press Release 15/7/10 |
| SHB Hire Ltd |
| Fined £5,000 under HASAWA 1974 s2. Prosecution for non management of workplace transport lead to near miss incident. Although minor injuries, risk of serious injury was high. |
HSE Prosecution 4200974 4/5/10 |
| RWE npower Plc |
| Fined £8,000 under HASAWA 1974 s3. Contractor injured whilst removing a valve system on the stations general compressed air system when the air supply was not safely and securely isolated. |
HSE Prosecution 4159076 5/5/10 |
| C M A Tools (Burnley) Ltd |
| Fined £1,000 under HASAWA 1974 s2. An employee was using a piece of emery cloth to reduce the size of a metal component on a metal working lathe. The cloth became trapped by the rotating mechanism, pulling in his right hand. He was wearing a glove at the time which pulled his hand further into the machinery and he lost his finger. The company did not provide adequate training in the safe operation of the tool or on the dangers of using emery cloths on metal working lathes. |
HSE Prosecution 4192179 6/5/10 |
| Dranson Limited |
| Fined £8,000 under HASAWA 1974 s2. The IP was assisting two other people to push a dolly (trolley) loaded with lengths of steel into the warehouse. The trolley and steel fell onto IP's right leg pinning him to the floor. IP sustained serious injuries to his leg (broken fibula and tibia). |
HSE Prosecution 4199912 6/5/10 |
| SDI Group UK Limited |
| Fined £80,000 under HASAWA 1974 s3. Prosecution arising from accident investigation. |
HSE Prosecution 4166553 7/5/10 |
| Richard Mark Berwick |
| Fined £40,000 under HASAWA 1974 s2. Prosecution arising from accident investigation. |
HSE Prosecution 4166558 7/5/10 |
| Steel Construction Ltd (aka SCL) |
| Fined £50,000 under HASAWA 1974 s3. Prosecution. Accident to sub-contractor. |
HSE Prosecution 4166562 7/5/10 |
| Calor Gas Limited |
| Fined a total of £50,000 under COMAH 1999 and RIDDOR 1995. Operation of bursting disc on propane import line leading to a release of LPG. HSE awarded full costs of £27,185.53 |
HSE Prosecution 4187151 7/5/10 |
| Michael Billings |
| Prison under HASAWA 1974 s3. Longstanding landlord, previously prosecuted for Gas Safety offences. Serious fire at 4 adjoining properties, tenant suffered severe burns due to lack of fire precautions. Multi-agency investigations and joint prosecution by Norwich City Council, Norfolk Fire and rescue and HSE. Breaches found of Gas Safety legislation in all 4 properties, including matters previously prosecuted. Mr Billings sentenced to 7.5 months on each of the 14 count indictment. Offences per property to be concurrent but each property offence to be consecutive. Thus resulting in 30 months custodial. Costs of £40,000 awarded. Agreement between parties that we would surrender £20,000 costs if a voluntary non prejudicial payment of £20,000 paid to injured party. Judge stated he would review sentence if payment made. Payment of £20,000 made to injured person solicitors. Sentence reduced to 6 months for all offences except the HSE offences that was reduced to 3 months. 21 months custodial now operative. |
HSE Prosecution 4188957 7/5/10 |
| Corvale Ltd |
| Fined £2,667 under HASAWA 1974 s2. IP was injured when a stack of MDF and other boards fell on him. He suffered extensive injuries to his knees requiring several operations over a period of time. It was custom and practice for 20-40 boards to be leant against 2 metal post as no proprietary racking system had been provided. In order to retrieve boards from the stack an employee would have to support the unwanted boards as another employee pivoted the unwanted boards across to him. Once the boards had been selected the unwanted boards would be leant back against the post. It was during this process that the boards became too heavy for the IP to hold and they collapsed on him trapping his legs against a machine. This system of work was inherently unsafe and had been for a number of years and was contrary to the advice contained in the HSE Woodworking Information Sheet No 2 (revised) 'Safe stacking of sawn timber and boards'. |
HSE Prosecution 4189806 7/5/10 |
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