Category Archives: Accident Report Form News

Building contractor fined after failing to carry out the correct procedures

A building contractor has been fined after failing to carry out the correct procedures after asbestos was found during the refurbishment of a building at Bedford School in Bedford .

Luton Crown Court heard how on 11 August 2015, SDC Builders Ltd failed to carry out a suitable and sufficient assessment to identify the presence of asbestos in all areas of the building where work was to be carried out.

A HSE investigation found that SDC Builders Ltd failed to carry out the procedures required under the Control of Asbestos Regulations 2012. Subsequently, asbestos-containing materials were disturbed in the course of the work; the company failed to ensure all workers were informed, and did not take the necessary measures to control access into the area until remedial actions were taken.

SDC Builders pleaded guilty to breaching Regulation 5 and Regulation 15 of The Control of Asbestos Regulations 2012. The company has been fined £185,000 and ordered to pay costs of £28,118.74.

Speaking after the hearing HSE inspector Alison Outhwaite said: “Asbestos remains the top cause of fatal illness because of exposure in the workplace. It is important that contractors responsible for refurbishment of premises constructed before 2000 identify whether asbestos is present and take the appropriate action to prevent exposure.”

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: legislation.gov.uk/
  3. HSE news releases are available at http://press.hse.gov.uk
  4. Further information is available at http://www.hse.gov/asbestos/tradeperson.htm

Article source: http://press.hse.gov.uk/2018/building-contractor-fined-after-failing-to-carry-out-the-correct-procedures/

Falkirk company fined after employee killed

A company which manufactures freshly prepared meals was fined £176,000 when an employee was killed after being struck by empty food trays.

Falkirk Sheriff Court heard that, on 22 March 2016, an employee of Bakkavor Foods Limited was assisting in the task of unloading and moving empty food trays. The trays the fork lift truck was carrying made contact with a stack of empty food trays, which then collapsed and struck the employee, causing him to fall to the ground and strike his head. He died from his injuries approximately two weeks later.

An investigation by the Health and Safety Executive (HSE) found Bakkavor Foods Limited had failed to ensure there was sufficient segregation between the fork lift truck and the employees.

Bakkavor Foods Limited of Bridgeness Road, Bo’ness pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £176,000.

Speaking after the hearing, HSE inspector Stuart Easson said: “This was a tragic and wholly avoidable incident caused by the failure of the host company to implement safe systems of work.

“This risk was further amplified by the company’s failure to undertake safety measures including segregating vehicles and employees”.

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/falkirk-company-fined-after-employee-killed/

Balfour Beatty Utility Solutions Ltd fined half a million pounds after exposing workers to debilitating condition

Contractor Balfour Beatty Utility Solutions Ltd. has been sentenced today after exposing workers to a debilitating health condition over a nine-year period.

Balfour Beatty Utility Solutions Ltd was fined £500,000 after the Health and Safety Executive (HSE) found that workers at the company were exposed to hand-arm vibration between 2002 and 2011 which put them at risk of developing Hand-Arm Vibration Syndrome (HAVS).

HAVS is a permanent condition affecting the nerves and blood vessels of the hand. It can cause pain, tingling and numbness, making it difficult to carry out everyday tasks such as gripping and lifting objects, fastening buttons and zips, using a knife and fork or using a tooth brush. In some cases, the hands can have a continuous feeling of wearing mittens and hobbies such as fishing or gardening become impossible to do. Symptoms are often worse in winter when it’s cold. The condition can render a worker disabled, affecting their chances of employment.

Sheffield Crown Court heard that workers at the company’s sites were regularly exposed to hand-arm vibration while operating hand-held power tools such as hydraulic breakers and floor saws. An investigation carried out by HSE found that the company failed in its legal duty to ensure the risks to workers who used these tools was kept to as low a level as reasonably practicable. Balfour Beatty Utility Solutions Ltd. failed to assess the risk to workers’ health, failed to put in place and monitor suitable risk control measures and failed to put in place a suitable system of health surveillance.

The company also failed to report to the enforcing authorities a significant number of cases of employees diagnosed with HAVS as was legally required.

Balfour Beatty Utility Solutions Ltd of Thorncliffe Park, Chapeltown, Sheffield pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974. The company also pleaded guilty to breaching Regulation 5 (1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. These failings occurred between 2002 and 2011. The company was fined £500,000 and was ordered to pay costs of £195,000.

Speaking after the hearing, HSE inspector Christine Mellor said: “This case was about failing to protect workers. Exposure to hand-arm vibration is a well-known risk which Balfour Beatty Utility Solutions Ltd. failed to adequately control.

“The company failed to heed warnings. Early health surveillance detected ill health but still this was not acted upon to prevent on-going exposure.

“This is a particularly serious case because of the extent and duration of failures. The breaches were repeated over several years and this resulted in persistent poor compliance.”

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
  4. Worker exposure is from hand held power tools typically floor saws, cut off saws, compactor plates, rammers and/or jack hammers used to access utility services running underneath public highways and to repair/replace street lighting.

Article source: http://press.hse.gov.uk/2018/balfour-beatty-utility-solutions-ltd-fined-half-a-million-pounds-after-exposing-workers-to-debilitating-condition/

Company fined after worker suffers spinal injuries

A roofing company has been fined after roof work at height was undertaken unsafely.

Dudley Magistrates’ Court heard how people were working on the roof with no safety measures in place to prevent them from falling.

Woodhull Roofing Ltd was contracted to carry out work for Sandwell Metropolitan Borough Council. The work was to coat over roofing bolts in an asbestos cement roof, to seal leaks. Whilst working on the corrugated roof a worker misplaced his footing while moving a board into another position, causing him to step on a roof light. He fell through the roof onto a concrete floor approximately four metres below. He broke several ribs and suffered spinal injuries.

An investigation by the Health and Safety Executive (HSE) found that the roof work was not undertaken using the correct precautions i.e. sufficient platforms, coverings, guard rails, netting or similar means of support or protection.

Woodhull Roofing Ltd of Stratford Road, Shirley pleaded guilty to breaching Regulation 9 (2) of the Work at Height Regulations 2005 and has been fined £40,000 and ordered to pay costs of £495.27.

Speaking after the hearing, HSE inspector Gareth Langston said “Falls from height remain one of the most common causes of work related fatalities in this country and the risks associated with working at height are well known.

“In this case suitable measures such as sufficient platforms, handrails and netting should have been provided to ensure the health and safety of people working at height on the roof”.

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
  4. Further information about health and safety in roof work can be found at: http://www.hse.gov.uk/pubns/books/hsg33.htm

 

 

 

 

 

 

 

 

Article source: http://press.hse.gov.uk/2018/company-fined-after-worker-suffers-spinal-injuries/

BUPA fined £3m after death of elderly resident

A care provider has been fined following the death of a resident at an Essex nursing home after he contracted Legionnaires’ disease.

Kenneth Ibbetson, 86, died three months after moving into Hutton Village Nursing Home, which is operated by BUPA Care Homes (BNH) Ltd.

Ipswich Crown Court heard that Mr Ibbetson had moved into the care home in March 2015 when he was no longer able to cope at home. In June 2015 Mr Ibbetson contracted Legionnaires’ disease, a serious waterborne form of pneumonia, and later died in Basildon Hospital on 23 June 2015.

An investigation into Mr Ibbetson’s death was carried out by the Health and Safety Executive (HSE).

The investigation found that for more than a year, during which time major refurbishment works were carried out, BUPA Care Homes (BNH) Ltd failed to implement the necessary control and monitoring measures required to safely manage their hot and cold water system. It also found those responsible for overseeing legionella controls and for taking crucial water temperature measurements had not been trained to the required standard.

BUPA Care Homes (BNH) Ltd of Bridge House, Outwood Lane, Leeds, pleaded to breaching Section 3 (1) of the Health and Safety at Work Act 1974. The company has today been fined £3m and ordered to pay costs of £151,482.

Mr Ibbetson’s daughter Caroline Peters told the court: “Our father’s tragic and untimely death was a terrible shock to me and my two sisters. We had carefully selected Bupa Nursing Home at Hutton Village, expecting that a leading health care company could be trusted with our father’s health and safety. (His death) shouldn’t have happened.

“The evidence (of)…non-conformities and lack of managerial training was shocking and depressing and brought on feelings of utter despair for our family.”

Speaking after the hearing, HSE principal inspector Vicky Fletcher said: “It is heart-breaking to think Kenneth contracted Legionnaires’ a matter of weeks after moving into the Hutton Village Care Home. His family have been left devastated by his sudden death.

“Mr Ibbetson and other residents were exposed to the risk of contracting Legionnaires’ disease because adequate controls were not in place. The risk is more acute in care home settings because residents are more susceptible due to their underlying health conditions. We would expect those who have a duty of care to understand this and have the necessary controls in place to manage the risk.”

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. After 1 April 2015, the Care Quality Commission (CQC) took responsibility in England for patient and service user health and safety for providers registered with them.  Prior to this date, HSE had enforcement responsibility, hence its investigation and subsequent prosecution on this occasion.
  3. More about the legislation referred to in this case can be found at: legislation.gov.uk/
  4. HSE news releases are available at http://press.hse.gov.uk

Article source: http://press.hse.gov.uk/2018/bupa-fined-3m-after-death-of-elderly-resident/

Maidstone company fined following death of worker

A Maidstone company has been sentenced after a maintenance worker fell five metres through a roof and died.

Folkstone Magistrates’ Court heard that on, 23 September 2015, Justin Hewitt fell through an opening that was being created on the roof of the premises of Maidstone Studios Ltd.

An investigation by the Health and Safety Executive (HSE) found the tower scaffold used to access the roof was damaged, had not been correctly erected and had been purchased second hand by Maidstone Studios Limited with no manufacturer’s instructions. No formal planning had been recorded for the work, which was outside the scope of the general maintenance duties of the team.

The work had been discussed, and planned to be carried out from below, but no-one identified the errors with the towers, ladder sections being the wrong way round, damaged bracing or the inadequate guardrails.

The towers were erected by Mr Hewitt, but he had been given no formal training on how they should be erected safely. Although he was supervising the work, no checks were made of how it was actually being carried out.

Maidstone Studios Ltd pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work Act 1974. The company has been fined £30,000 and ordered to pay costs of £6,487.76.

HSE inspector Stephen Green said: “Had the work been properly planned with suitable access equipment, correctly placed and erected, by those with adequate training, the work could have been done safely and this tragedy could have been averted.

“Falls from height remain one of the most common causes of work related fatalities 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. 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/maidstone-company-fined-following-death-of-worker/

Company fined after admitting safety failures

An Inverurie company has been fined after a teenage worker was seriously injured.

Aberdeen Sherriff Court heard that 17-year-old Michael Paul Mark Mclean was found seriously injured at the premises of Denholm MacNamee Limited on 14 August 2015.

The Inverurie company, which provides support services to the oil, gas and utilities industries, admitted safety failings.

An investigation by the Health and Safety Executive (HSE) identified failings by Denholm MacNamee Limited in relation to the risks to the health and safety of Michael in his special capacity as a young person at work and in relation to ensuring the health, safety and welfare of all the employees who were engaged in the task of ultra-high pressure blasting and painting of a cable spooler machine.

Denholm MacNamee Limited of Souterford Avenue, Inverurie Business Park, Inverurie pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £120,000 on 4 December 2017.

Speaking after the hearing HSE principal inspector, Niall Miller said:

“The failures of Denholm MacNamee Limited put Michael McLean and other employees at a greater risk of injury.

“This conviction highlights the need for effective risk management particularly when those involved in the work activity are young or otherwise vulnerable. Employers must ensure that they consider the capacity of their workforce and provide appropriate levels of control to prevent risk occurring”

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
  4. The above case was heard on 4 December 2017. At that time a Contempt Order was put in place which prohibited report or comment on the above case until proceedings in a culpable homicide case were complete. This reporting restriction has now been lifted.

Article source: http://press.hse.gov.uk/2018/company-fined-after-admitting-safety-failures/

Oxleas NHS Foundation Trust today pleads guilty following investigation

Before Woolwich Crown Court, Oxleas NHS Foundation Trust today pleaded guilty to charges under Sections 2(1) and 3(1) of the Health and Safety at Work Etc Act 1974. This follows a HSE investigation into serious injuries to two members of staff at the Bracton Centre on Bracton Lane, Dartford on 17 July 2016.

This prosecution has been brought by the Health and Safety Executive (HSE).

The case is next due to be heard at Woolwich Crown Court on 17 August 2018.

A HSE spokesperson said: “HSE acknowledges the defendant’s guilty plea but will not make a further comment until after sentencing.”

Article source: http://press.hse.gov.uk/2018/oxleas-nhs-foundation-trust-today-pleads-guilty-following-investigation/

Company fined for poor condition of asbestos containing materials

A company which manufactures and distributes furniture was fined £6,000 for failing to properly assess the risk from exposure to asbestos containing materials.

Glasgow Sheriff Court heard that, during an inspection on 6 August 2014, concerns were raised by a Health and Safety Executive (HSE) inspector about significant damage to what appeared to be asbestos containing materials which were encasing the structural columns and beams of the premises. 

An investigation by HSE found that Aquapac Limited failed to properly assess the risks to employees’ exposure to asbestos containing materials and failed to take measures necessary to protect employees from exposure to asbestos. The investigation also found that the company failed to ensure that anyone working on the premises was aware of the presence of the material (to make sure that it was not disturbed and to deal with any inadvertent disturbance to prevent the spread of asbestos fibres).

Aquapac Limited of The Quadrangle, 59 Ruchill Street, Glasgow G20 9PX pleaded guilty to breaching of Section 2 of the Health and Safety at Work etc. Act 1974 and was fined £6,000.

Speaking after the hearing, HSE inspector Russell Berry said: “This incident could so easily have been avoided had the company simply monitored the condition of the asbestos containing materials (ACMs) at their premises and had in place robust procedures to deal with any deterioration or damage to those ACMs.

“Companies should be aware that HSE will not hesitate to take appropriate 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
  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/company-fined-for-poor-condition-of-asbestos-containing-materials/

Construction firm and director fined for failure to comply with prohibition notices

D S Building Solutions Ltd and its director Daniel Schipor have been fined after failing to comply with prohibition notices.

Westminster Magistrates’ Court heard how D S Solutions Ltd, under the control of its director Daniel Schipor, was issued with two prohibition notices on site. It was found that persons were at serious risk of fall and injury from the unprotected edges of an excavation and at immediate risk of injury from potential collapse of the unsupported excavation.

An investigation by the Health and Safety Executive (HSE) found that D S Building Solutions Ltd and Daniel Schipor had not taken any steps to comply with the prohibition notices prohibiting any work near the open edge of the excavation, and had not taken measures to prevent dislodgement of material and collapse of the excavation.

D S Building Solutions Ltd of George V Avenue, Pinner, Middlesex pleaded guilty to two counts of breaching Section 22 of the Health and Safety at Work etc. Act 1974. The company was fined £2,000 and ordered to pay costs of £2,000

Daniel Schipor pleaded guilty to breaching two counts of Section 37 by virtue of Section 22 of the Health and Safety at Work etc Act 1974. He was fined £2,000 and ordered to pay costs of £2,000

Speaking after the hearing, HSE inspector Saif Deen said: “The risks associated with work related to excavations are well known throughout the construction industry. “D S Building Solutions Ltd and Daniel Schipor failed to comply with prohibition notices 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. 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/construction-firm-and-director-fined-for-failure-to-comply-with-prohibition-notices/