http://www.safetymedia.co.uk/news/ Health & Safety news direct to your desktop. en-us Tue, 10 Jun 2003 04:00:00 GMT Tue, 10 Jun 2003 09:41:01 GMT sales@safetymedia.co.uk sales@safetymedia.co.uk
Magistrates heard how inspectors visited the site based at Cannon Business Park to look at control of legionella bacteria in two cooling towers.

During the time of the vist, the towers were in operation. However, it became evident that a management system was not in place for the control of legionella, which had been the case for at least eight months. The inspectors also found that none of the required test checks or monitoring were being undertaken.

A prohibition notice was issued on site to stop the towers operating and an improvement notice was issued for a management system to be put in place. The failings identified in The investigation identified failings including showed neglect on the part of managing director Ernest Jones.

Managing Director, Ernest Jones of Coseley-based First Metal Finishers Ltd failed to put a management system in place for the control of legionella, despite warnings from water treatment contractors.

HSE inspector Sarah Palfreyman said: "The risk was foreseeable and entirely preventable. The company, and therefore the managing director, had received quotes from two water treatment companies which had not been acted upon and received information from one about very high bacteria levels in the towers. This is a very well known risk and there have been a number of outbreaks in recent years, one in the Dudley area.

"Legionella can make people seriously ill and in severe cases can kill. Managing directors have a responsibility to act upon findings like this as soon as possible. They should be fully aware of their duties and not rely on delegation or assume they will not be prosecuted for their individual failings."

Mr Jones of Rugeley, Staffordshire, was fined £2,000 and ordered to pay £1,000 towards costs after pleasding guilty to breaching Section 37(1), by virtue of Section 3(1), of the Health and Safety at Work etc. Act 1974.

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The Health and Safety Executive prosecuted Allied Glass Containers Ltd after the incident at its factory in Hunslet in January 2009.

Leeds Magistrates Court heard that in order to remove and replace faulty equipment at the factory, the mezzanine floor had to be opened up. A gap of three-square-metres was created for the equipment to be moved using a block and tackle pulley system. This gap was subsequently left open in case other adjustments were required before the maintenance team took a break.

A problem was identified and a worker was called back to the upper level. The worker lost his footing and plunged through the gap, falling two meteres onto a concreate floor below. The worker spent 11 days in hosptial where it was discovered he had sustained multiple injuries to his back and skull and bruising to his brain and kidney. He has yet to return to work.

Allied Glass pleaded guilty to a Section 2(1) breach of the Health and Safety at Work Act 1974 in relation to the incident, namely for failing to ensure the safety of workers from the risk of a fall from height. The company was fined £10,000 and ordered to pay £3,173 costs on 3 Februrary 2010. The company was also ordered to pay a seperate £15 victim surcharge, the proceeds of which will be spent on services for victims and witnesses.

During the investigation, HSE inspectors discovered no risk assessment for creating a hole in the floor had taken place, and no precautions were taken to prevent a fall. Since the incident, the company has made improvements to ensure the flooring need not be lifted for maintenance work of this type.

After the hearing inspector Paul Yeadon commented: "Somebody could easily have died here. This incident was completely preventable with a simple risk assessment and a bit of common sense in planning the job.

"Allied Glass has lost a valued, experienced employee, who is still recovering from his injuries. He should never have been allowed to fall.

"We have continued to engage with the company and it's reassuring that lessons appear to have been learned, with improvements now in place to prevent future falls.

He concluded: "We hope this hearing serves as a reminder to all manufacturers that employee safety should be of paramount importance at all times. It shouldn't take an accident of this kind to prompt the implementation of safe-working procedures that should be in place regardless."

Falls from height are the biggest single cause of workplace deaths in the UK.

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Nottingham Magistrates Court heard that Shepherd Construction Lmited of York failed to put in place adequate measures to find and record man holes and service covers around the site at Trinity Square in central Nottingham.

The company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 for its role in the incident and were fined £20,000 and ordered to pay £6,900 costs.

The court heard how a contractor on the site drove a cherry picker over a concealed man hole cover on 30 August 2007. The cover could not hold the weight of the machine and caused the cherry picker to topple. The driver was left with serious injuries to his skull, back and legs.

During the fall, the long reaching arm of the machine crashed to the ground, landing in an area which had been occupied by pedestrians and vehicles moments before. The incident caused Milton Street in central Nottingham to be blocked off for almost six hours.

HSE Inspector Martin Giles commented: "This was a very dangerous incident, in an area which was bustling with pedestrians and vehicles. It could so easily have led to people being killed and has left a worker with serious injuries.

"The company failed to put in place adequate measures to find and record where the man holes and service covers were around the site and failed to take steps to protect them or prevent vehicles from driving over them.

"Operators of mobile elevating work platforms, such as scissor lifts and cherry pickers, must be warned about man hole covers and underground services because there is a real risk of them collapsing and heavy vehicles toppling over.

Inspector Giles concluded: "When peoples lives are at risk it is absolutely inexcusable to leave this to chance."

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Ian Smith, 64 was working on a project to build six new semi-detached houses in Bolton. On 19 December 2007 he fell five metres to the ground when he fell from an unstable ladder.

The Health & Safety Executive prosecuted DC Kennedy Homes when they discovered the company had allowed work to be carried out on the first and second floors of a house, before the stairs had been fitted. It was discovered the ladder which was used to access the second floor had not been secured and was missing its rubber feet.

DC Kennedy Homes pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 by failing to ensure Mr Smith's safety. It was fined £7500 and ordered to pay an additional £7,500 towards the cost of the prosecution.

HSE Principal Inspector Polly Tomlinson said: "This was a tragic incident that could easily have been prevented if DC Kennedy Homes had put more thought into the safety of its employees.

"The ladder Ian Smith used was dangerous as the rubber feet were missing and it wasn't tied to the wall to stop it slipping. But more importantly, Mr Smith should never have been expected to use a ladder in the first place. If the work had been planned properly, the stairs would have been fitted before work was carried out on the first and second floors of the house.

"Instead Mr Smith had to use a ladder to access the second floor, putting his life at risk. Other employees were also put in danger by the unprotected open edges.

Inspector Tomlinson concluded: "I hope this case will act as a warning to other house building companies to improve their safety standards, to prevent more people dying at work in the future."

Falls from height are the biggest single cause of workplace deaths in the UK.

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Slips and trips are the most common cause of major workplace injury in Britain. Each year the cost to society is estimated to be £800 million. Official statistics also show that more workplace deaths are triggered from falls from height than any other cause.

880 Welsh workers received major injuries, while 1,640 workers were required to take over three days off work.

Preventable slips, trips and falls are having a serious financial impact on the UK. The Health & Safety Executive estimates that the combined financial costs incurred by society as a whole is around £800million a year.

Terry Rose, the HSE Director for Wales said: "These figures highlight the very real and serious nature of preventable slip, trip and fall incidents in the workplace. Slips, trips and falls might sound funny but they shatter the lives of thousands of British workers ever year.

TUC General Secretary Brendan Barber commented:

"Every one of the 40 deaths caused by slips, trips and falls were preventable. The key is proper risk assessment and control measures as highlighted by the HSE. Unions will warmly welcome this practical hard-hitting campaign and will be raising the issue with employers wherever and whenever they can."

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Frank Bruce and Company Ltd, of Bristol pleaded guilty at Bristol Magistrates in relation to refurbishment work at Lawrence Hill Industrial Park in the city during February and March 2009.

The court heard HSE inspectors visited industrial units where the defendant had organised refurbishment work involving the removal of a large quantity of asbestos insulation board without taking statutory safety precautions.

This led to exposure of the workers to the asbestos and also the contamination of the units being renovated.

The court heard the company plead guilty to breaches under Regulation 14 of the Construction (Design and Management) [CDM] Regulations 2007 by failing to appoint a CDM-coordinator or principal contractor for notifiable construction work and Regulation 4 (10) of the Control of Asbestos Regulations by failing to review or implement a plan to manage materials containing asbestos.

Frank Bruce and Co was fined £18,000 on 27th January 2010 for breaching the regulations and ordered to pay £6,679 costs.

Speaking after the hearing, HSEP Inspector Sue Adsett said: "The decision not to have large quantities of asbestos insulation board removed by licensed contractors before the general refurbishment work began, put the workers at risk and contaminated the site.

"The work was stopped and the defendant paid to make the site safe, but this doesn't change the fact that seven construction workers were exposed to asbestos, which we know can cause fatal diseases.

"Landlords and property developers need to be very wary of organising construction work themselves if they have not got appropriate experience of managing health and safety in building projects."

Around 500,000 buildings built before 2000 could contain asbestos, according to HSE estimates. If managed properly and kept in good condition, asbestos need not pose safety concerns.

Landlords need to arrange for Type 3 surveys to be done before refurbishment or demolition and pass this information on to builders before asking them to start work. Some asbestos products - such as Asbestos Insulation Boards or Asbestos Insulation - can only be removed by specially licensed contractors.

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The Health and Safety Executive (HSE) prosecuted Aviance UK Ltd, which is based in Newcastle upon Tyne, for its role in the incident. The company pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act etc. 1974, at the City of London Magistrates' Court, on 27 November 2009.

Aviance UK was fined £90,000 and ordered to pay costs of £18,800 at the Central Criminal Court (Old Bailey) on 26th January 2010.

The court heard that on 25 March 2008, Mohammed Taj, 52, from Hayes, a vehicle maintenance specialist was repairing a defective vehicle used to pull baggage trolleys, also known as a baggage tug, which had broken down near Heathrow Airportís Terminal 1.

The vehicle was raised 60cm in the air on a single trolley jack as its only means of support. The worker was underneath the tug when the trolley jack moved backwards, dropping the tug onto him. He died at the scene shortly afterwards from head injuries.

The HSE investigation showed that the maintenance van supplied by Aviance UK routinely carried a trolley-jack but never carried axle stands or other means of support which should be used.

Aviance UK did not have an adequate system for ensuring that the maintenance van returned to the workshop for axle stands, or that defective vehicles were recovered and proper vehicle hoists used.

HSE inspector, Stephen Kirton said:

"Mr Tajs tragic death could have been avoided if axle stands were routinely carried in the company maintenance van and were used by staff. Mr Taj could be alive today if just £30 had been spent on a pair of axle stands.

"Working under poorly supported vehicles has been recognised by HSE as serious problem for many years. We have recently published guidance in this area which clearly states that people should never work below vehicles supported only by jacks. This should be read by all managers in the motor vehicle repair industry."

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Yelena Hasselberg-Langley, 18, suffered severe burns when she was lowered into the excessively hot bath at a supported living home in Oxfordshire.

Lifeways Community Care Ltd, which runs the home on Owens Way, Oxford, was sentenced at Oxford Crown Court after being prosecuted by the Health and Safety Executive (HSE).

Ms Hasselberg-Langley was a resident at the home and required 24-hour care. She was registered blind, was paraplegic and had epilepsy.

On 27 August 2007 she was lowered into a bath of excessively hot water and suffered severe burns. She was admitted to the John Radcliffe Hospital in Oxford before being transferred to the specialist burns unit at the Queen Victoria Hospital in East Grinstead. Ms Hasselberg-Langley died on 31 August 2007.

Lifeways, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act etc 1974. The company was also ordered to pay costs of £45,000.

This was a successful joint investigation which was initially led by Thames Valley Police (TVP) with technical assistance from HSE. The TVP report was passed to the Crown Prosecution Service who decided that they would not pursue criminal proceedings against any of the individuals involved. The HSE then continued with the criminal investigation.

The court heard that the HSE investigation found that although the bath was fitted with a special valve to prevent scalding, this valve had never been set. In addition to this, staff had no training in the risks of scalding and there was no bath thermometer.

Following the incident, Lifeways Community Care Ltd, were issued with an Improvement Notice by HSE requiring them to establish proper procedures to minimise the chance of a similar incident occurring.

HSE Inspector, Nina Judkins, said:

"It is difficult to imagine a more vulnerable resident than Yelena. The risk of scalding to people who are so vulnerable that the cannot prevent harm to themselves is a well known danger in the care industry.

"The consequences of scalding can, in addition to causing excruciating pain, be fatal, as so shockingly seen in this case.

"HSE has extensive, freely available guidance on how the risk of scalding can be controlled. If this guidance had been followed then this tragedy would not have happened.

"Everyone involved with the care of vulnerable service users must ensure that they have the necessary safeguards in place. Cases like this are completely avoidable if the correct guidance is followed."

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Air Livery Plc, based at Southend Airport, Essex, was prosecuted by the Health and Safety Executive (HSE) following the five-metre fall at a base in Filton, Bristol, on 10 October 2007.

Robert Lupton, 44, from Lawrence Weston, Bristol, was working with a colleague to wrap a plan, nothing was in place to prevent falls and fell five metres to the hangar floor below. He broke his left elbow and badly damaged ligaments. He has been unable to work since the accident.

The court heard the company pleaded guilty to breaches under Regulation 6 (3) of the Work at Heights Regulations 2005. Air Livery was fined £2,400 for breaching the regulation and ordered to pay costs of £9,162.54 at Bristol Magistrates Courts on 11 January 2010.

The HSE investigation found that it was usual practice for workers to work on wings without scaffolding or fall protection, did not have adequate training for working at height and had not implemented or enforced their risk assessment which led to unsafe ways of working becoming standard practice.

Speaking after the hearing, HSEP IInspector, Christine Haberfield, said:

"Air Livery should have taken the steps necessary to protect its workers by putting fall protection in place and checking to ensure that workers were using it.

"Everything may have appeared OK on paper but the practice on the ground encouraged painters to work ahead of themselves and without adequate protection. In this respect this was an accident waiting to happen - which it did, of course, to Mr Lupton."

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Macob Administration Limited, based in Bridgend, was charged by the Health and Safety Executive (HSE) after 23-year-old. Lance Taylor from Thornbury, Bristol, was killed while working on a construction site at Chestnut Walk in Abbeymead, Gloucester on 11 February 2005

Mr Taylor was driving a mini digger - which he was not qualified to operate - and unintentionally hit a lever as he leaned out of the cab window. The digging arm of the vehicle was raised, crushing his head between the cab and the arm. He suffered fatal injuries and was pronounced dead on site.

Gloucester Crown Court heard Macob Administration Ltd pleaded guilty to breaches under Regulation 9(1) and 28(a) of the Provision and Use of Work Equipment Regulations 1998. The company was fined £40,000 for each charge and ordered to pay costs of £29,798.14 on 15 January 2009.

Speaking after the hearing, HSE iInspector, Martin Lee, said:

"This terrible incident highlights the extremely serious risks posed by equipment and vehicles on sites if the workers using them don't have adequate training or are not versed in safe working procedures.

"Mr Taylor and other site workers were not all properly trained to use the equipment they were handling and, just as seriously, vehicle keys were routinely left in the machines. As a result, the vehicles were accessible to anyone on site, regardless of their qualifications.

"It is imperative that on any construction site using plant and machinery there are systems in place to control access to the vehicles. Construction site managers need to know which workers on site are qualified to operate the machinery and that their control systems are working effectively."

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