Category Archives: Accident Report Form News

East Yorkshire company fined after worker loses left arm

Transportation and storage company, H Walton Ltd, was sentenced today for safety breaches after a worker suffered injuries leading to the loss of his left arm.

Leeds Magistrates’ court heard how, on 9 August 2017, a lorry driver was delivering wheat to Low Newstead Farm in Ripon when it tipped onto the floor of a shed through the open rear door of the trailer. Whilst walking to the rear of the trailer, the driver lost his footing in a heap of grain, which was formed by the load being discharged, and put his hand out to steady himself; his left arm came into contact with a rotating auger and was drawn in.

An investigation by the Health and Safety Executive (HSE) found that a crucial interlocking device was not functioning at the time of the incident, allowing the auger to run when the tailgate was open. It also found that the emergency stop device for the discharge mechanism failed to function, as it was operated through the same circuitry.

H Walton Ltd of Old Goole Mill, South Park Road, Goole, pleaded guilty to breaching Regulation 11 (3)(C) of the Provision and Use of Work Equipment Regulations 1998 and has been fined £200,000 and ordered to pay £531.40 in costs.

After the hearing, HSE inspector Julian Franklin commented: “The driver’s injuries are life changing. The trailer was fitted with a safety system to prevent exactly this type of incident; it could so easily have been avoided by simply carrying out regular checks to ensure safety devices and systems remain working. This is something that many hauliers already do as part of their vehicle checks.”

 Notes to Editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk[1]
  2. More about the legislation referred to in this case can be found at: legislation.gov.uk/ [2]
  3. HSE news releases are available at http://press.hse.gov.uk[3]

Article source: http://press.hse.gov.uk/2018/east-yorkshire-company-fined-after-worker-loses-left-arm/

Plymouth landlord puts tenants’ lives at risk

A landlord from Plymouth has been sentenced after gas appliances at his rental property in Plymouth were found to be ‘Immediately Dangerous’.

Plymouth Crown Court heard how the gas appliances in the property on Laira Street were worked on by someone who was not registered with the Gas Safe Register.

An investigation by the Health and Safety Executive (HSE) found that Lokendra Khadka had failed to ever have gas appliances checked for safety at his rental property. Further, he had arranged for a person to make alterations to a gas boiler flue and that person had left it in an extremely dangerous state.

Mr Khadka was unable to provide any details to HSE or to Plymouth Crown Court on who did this work on the gas boiler flue for him.

Lokendra Kumar Khadka of Albert Road, Plymouth, pleaded guilty to breaching Regulations 36 (3)(a) and 36(4) of the Gas Safety (Installation and Use) Regulations 1998. He has been sentenced to 15 months imprisonment, suspended for 24 months and ordered to pay costs of £4,904.

Speaking after the hearing HSE inspector Simon Jones said: “Mr Khadka put his tenants and their children at a very real risk of death from the gas work he arranged at his rental property, done by someone who was not competent to do it safely.

“Landlords must ensure they only use Gas Safe Register installers to work on gas appliances at their tenanted properties.

“Further, landlord’s must ensure that gas appliances at their tenanted properties are checked for safety at least every 12 months”

Notes to Editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
  2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
  3. HSE news releases are available at http://press.hse.gov.uk
  4. Further information about gas safety can be found at http://www.hse.gov.uk/gas/

Article source: http://press.hse.gov.uk/2018/plymouth-landlord-puts-tenants-lives-at-risk/

Company fined after workers exposed to Hand Arm Vibration Syndrome

Nordam Europe Limited have been fined after workers were exposed to Hand Arm Vibration Syndrome (HAVS).

Cardiff Crown Court heard how around 100 employees of the company, which maintains and repairs aircraft components, were exposed to Hand Arm Vibration (HAV) and developed Hand Arm Vibration Syndrome (HAVS) over 22 years. At least 30 employees were exposed to risk of significant harm.

An investigation by the Health and Safety Executive (HSE) found that employees used a range of hand-held vibrating tools including orbital sanders, rivet guns, grinders and drills. The company should have carried out a suitable assessment of work activities which exposed employees to vibration and should have implemented additional controls to reduce exposure so far as was reasonably practicable.

The investigation found that the company failed in their duty to implement a safe system of work in order to control exposure to vibration. In addition, employees should have undergone suitable health surveillance to identify symptoms at an early stage of the disease. This would have prevented it from progressing to a disabling condition.

Nordam Europe Limited of Hawtin Park, Blackwood, Gwent pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, and has been fined £400,000 and ordered to pay costs of £39,620.92.

Speaking after the hearing HSE inspector Janet Hensey said: “This was a case of the company completely failing to grasp the importance of HAVS health surveillance.

“If they had understood why health surveillance was necessary, it would have ensured that it had the right systems in place to monitor worker’s health and the employee’s condition would not have been allowed to develop to a severe and life altering stage”.

Notes to Editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
  2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
  3. HSE news releases are available at http://press.hse.gov.uk

Article source: http://press.hse.gov.uk/2018/company-fined-after-workers-exposed-to-hand-arm-vibration-syndrome/

Bus driver sentenced after passengers injured

A bus driver has today been sentenced after he lost control of the bus he was driving, injuring five of his passengers.

Huntingdon Magistrates’ Court heard how, on 22 February 2016, the employee of Cambus Limited trading as Stagecoach East, lost control of the bus he was driving as he negotiated a gap in the guided section of the track. The bus jumped over the track, travelled across an adjacent path and came to rest up the side of a grassy embankment. As a result, five of his passengers suffered injuries which included a fractured spine, pelvis, ribs and whiplash.

An investigation by the Health and Safety Executive (HSE) found Mr Le was reading a time duty card whilst driving and therefore had no vision of the busway ahead nor did he have a grip of the steering wheel. The investigation also found Mr Le was driving at speeds of 52mph when the maximum recommended speed in that area was 30mph.

Mr Le Kent Road, Huntingdon, pleaded guilty to breaching Section 7(1) of the Health Safety etc Act 1974 and has been sentenced to 12 weeks imprisonment, suspended for 12 months, and ordered to pay costs of £2,000.

Speaking after the case, HSE inspector Nigel Fitzhugh said: “Drivers of guided buses must remain vigilant at all times. It is especially important to do so when driving on guided sections as the absence of steering control may create a sense that full control of the bus is being maintained.

“Members of the public should be assured that HSE seriously considers the risks to their health and safety and takes appropriate enforcement action where necessary.”

Notes to Editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
  2. More about the legislation referred to in this case can be found at: legislation.gov.uk/
  3. HSE news releases are available at http://press.hse.gov.uk

Article source: http://press.hse.gov.uk/2018/bus-driver-sentenced-after-passengers-injured/

Construction firm and director fined for safety breaches

A company and its director have been fined for failure to comply with a prohibition and improvement notice.

Southwark Crown Court heard how, on 31 March 2016, Awad (UK) Ltd, under the control of its director Andrzej Wilk, was issued with a prohibition notice on site where it was found that persons were at serious risk of fall and injury from the unprotected edges at the site. The court also heard that the company was issued with an improvement notice on 4 April 2016 for failure to provide adequate and suitable welfare facilities at the site.

An investigation by the Health and Safety Executive (HSE) found Awad (UK) Ltd and Andrzej Wilk had not taken steps to comply with the prohibition notice preventing any work near the open edges where there was a risk of fall and injury to persons. The investigation also found that Awad (UK) Ltd and Andrzej Wilk had not complied with the improvement notice requiring the provision of adequate and sufficient welfare facilities.

Awad (UK) Ltd of Fourth Way, Wembley, Middlesex pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005 and Section 21 and 22 of the Health Safety at Work etc Act 1974. The company has been fined £37,500 and ordered to pay costs of £10,000.

Andrzej Wilk of Beresford Avenue, Surbiton pleaded guilty to breaching Section 37 of the Health and Safety at Work etc. Act 1974 ands was fined £7,500 and ordered to pay costs of £10,000.

Speaking after the case, HSE inspector Saif Deen said: “The risks associated with working at height and the requirement to provide adequate welfare facilities are well-known throughout the construction industry.

“In this case, the company and its director failed to comply with HSE’s enforcement action and continued to put persons at risk of serious injury.”

Notes to Editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
  2. More about the legislation referred to in this case can be found at: legislation.gov.uk/
  3. HSE news releases are available at http://press.hse.gov.uk

 

Article source: http://press.hse.gov.uk/2018/construction-firm-and-director-fined-for-safety-breaches/

Shell UK fined after technician struck by cylinder

Shell UK Limited has today been fined for health and safety breaches after a technician was struck by a cylinder and left severely injured on the Brent Delta offshore installation.

Aberdeen Sheriff Court heard how, on 10 November 2014, technicians were required to replace a gas cylinder within a system used to extinguish fires. When one of the technicians rolled what he thought was an empty cylinder along the floor and took off the protective cap, he realised that it was a fully charged cylinder. The trigger mechanism on the cylinder was activated causing a loud bang and the instantaneous release of the cylinder contents in a white cloud of concentration. The force of the gas release caused the technician to drop the cylinder to the floor causing a valve to shear. This resulted in both cylinder and valve becoming projectiles which struck and severely injured a second technician.

An investigation by the Health and Safety Executive (HSE) found the company failed to take suitable and sufficient steps to ensure risks associated with handling of pressurised cylinders were eliminated. The company also failed to remove pressurised cylinders which were not suitable for use in a safe and secure manner and also failed to ensure the provision of appropriate information and instruction in respect of the handling and use of energised gas cylinders.

Shell UK Limited of Shell Centre, London pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £60,000.

Speaking after the hearing, HSE inspector David Josiah said:  “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standard.”

Notes to Editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
  2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
  3.  HSE news releases are available at http://press.hse.gov.uk

Article source: http://press.hse.gov.uk/2018/12487/

Peterborough company fined for failing to undertake asbestos assessment

A property management company has today been sentenced after failing to carry out an asbestos survey prior to undertaking extensive refurbishment works.

Huntingdon Magistrates’ Court heard how, between April and May 2017, Thistlemoor Healthcare and Management Ltd undertook construction work at two properties, one of which was part of a medical centre in Peterborough. In this time, the company failed to carry out an asbestos survey for either property, both of which were likely to contain asbestos.

An investigation by the Health and Safety Executive (HSE) found the company undertook and carried out construction which was likely to disturb asbestos containing materials during the strip out and part demolition of the two properties. Despite this, the company failed in its duty to carry out an asbestos survey for either property.

Thistlemoor Healthcare and Management Ltd of Thistlemoor Road, Peterborough pleaded guilty to breaching Regulation 5 of Control of Asbestos Regulations 2012 and has been fined £15,000 and ordered to pay costs of £1,805.60.

Speaking after the hearing, HSE inspector Samantha Wells said: “The risk of exposure to asbestos could so easily have been avoided if the company had carried out a suitable and sufficient asbestos assessment to identify the presence of asbestos within properties prior to commencing refurbishment work.

“Companies should be aware HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Notes to Editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
  1. More about the legislation referred to in this case can be found at: legislation.gov.uk/
  1. HSE news releases are available at http://press.hse.gov.uk

Article source: http://press.hse.gov.uk/2018/peterborough-company-fined-for-failing-to-undertake-asbestos-assessment/

North Yorkshire company fined after contractor falls from height

A company specialising in the installation of biomass heating systems and photovoltaic solar systems was sentenced today after a worker suffered a serious injury following a fall from height.

Beverley Magistrates court heard how, on 27 March 2015, an operative was installing a flue system for a biomass heating system at a farm in North Yorkshire. He had attempted to work from a ladder at the side of the outbuilding but when this proved ineffectual, he resorted to climbing onto the roof to complete the works. Whilst working on the roof, the operative fell a distance of around 2 metres through the fragile cement sheet, suffering injuries including broken bones in the left ankle.

An investigation by the Health and Safety Executive (HSE) found the company had failed to adequately plan the installation of the heating system and the necessary work at height. Furthermore, the investigation found the company failed to provide suitable work at height equipment such as a mobile elevated work platform, edge protection, crawl boards, a roof ladder or scaffolding.

Duncan Plumbing Heating and Electrics Ltd of Rudgate Business Park, Tockwith, North Yorkshire pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and has been fined £32,000 and ordered to pay £2,424.60 in costs

 After the hearing, HSE inspector James Harvey commented: “Work at height, such as roof work, is a high-risk activity that accounts for a high proportion of workplace serious injuries and fatalities each year.

“This case highlights the importance of following well-known industry guidance to plan and assess the work at height requirements needed to complete the work safely.”

Notes to Editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk[1]
  2. More about the legislation referred to in this case can be found at: legislation.gov.uk/ [2]
  3. HSE news releases are available at http://press.hse.gov.uk[3]

 

Article source: http://press.hse.gov.uk/2018/north-yorkshire-company-fined-after-contractor-falls-from-height/

West Midlands haulage firm prosecuted after worker killed

A Worcestershire-based haulage firm has been sentenced following a fatal incident in which a driver was crushed by a reversing vehicle.

Worcester Crown Court heard how, on 11 December 2013, a Tooles Transport Limited employee, 60-year-old Kevin Scott, was assisting a colleague to reverse a vehicle when he became trapped between the reversing vehicle and his own causing fatal injuries.

An investigation by the Health and Safety Executive (HSE) found drivers were routinely labelling up their loads in the yard whilst other lorries were returning to the yard and reversing in close proximity. The investigation found there was no segregation of vehicles and pedestrians, lighting was inadequate and there was deep shadow between parked lorries.

Tooles Transport Limited of Rushock Trading Estate, Droitwich Spa, Worcestershire was found guilty of breaching Section 2(1) of the Health and Safety At Work Act 1974 and have been fined £150,000 and ordered to pay costs of £253,728.07.

 Speaking after the case, HSE principal inspector Elizabeth Hornsby said: “Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of working.

“If a suitable safe system of work had been in place prior to the incident, this tragic loss of life could have been prevented.”

Notes to Editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
  2. More about the legislation referred to in this case can be found at: legislation.gov.uk/ 
  3. HSE news releases are available at http://press.hse.gov.uk

Article source: http://press.hse.gov.uk/2018/west-midlands-haulage-firm-prosecuted-after-worker-killed/

Two companies fined after worker suffers fall from height

Two companies have been sentenced after an employee fell from scaffolding whilst at work.

Poole Magistrates’ Court heard how, on 28 September 2016, 32-year old self-employed builder, Jamie Butler, was working on a refurbishment project at a block of flats when he fell over 2 metres from unsecured scaffold boards onto concrete flooring below. Mr Butler, who was contracted by Brewsters, suffered a broken wrist, collarbone and head injuries as a result of the fall. He also sustained lower back injuries that required an operation.

An investigation by the Health and Safety Executive (HSE) found the work was not properly planned, nor appropriately supervised or carried out in a safe manner when the incident occurred. Mr Payne, as the principal contractor, had a duty to control how the work was carried out and to ensure that the scaffolding would be correctly erected and maintained. The work was done under the control of Brewsters (Poole) Ltd who failed to plan the work properly and in a safe manner.

Jeff Payne of Milton Road, Bournemouth pleaded guilty to breaching Section 13 (1) of the Construction (Design and Management) Regs 2015, and has been issued with a 60 hour community service order and ordered to pay costs of £1,000 with a victim surcharge of £125.

Brewsters (Poole) Ltd of Playfields Drive, Poole pleaded guilty to breaching Regulation 4 (1) of the Work at Height Regs 2005, and has been fined £2700 and ordered to pay costs of £1,000 with a victim surcharge of £125.

Speaking after the hearing, HSE inspector Nicole Buchanan said: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.

“Falls from height remain one of the most common causes of work related fatalities/injuries in this country and the risks associated with working at height are well known.”

Notes to Editors:

  1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
  2. More about the legislation referred to in this case can be found at: legislation.gov.uk/
  3. HSE news releases are available at http://press.hse.gov.uk

Article source: http://press.hse.gov.uk/2018/two-companies-fined-after-worker-suffers-fall-from-height/