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May 2021
A construction company has been fined after putting
employees at significant risk of a fall from height while working
on a roof.
Blackpool Magistrates’ Court heard how on two occasions, 10
and 11 July 2019, two employees of Ron Richardson
Construction Ltd were observed waterproofing a flat roof at
fifth floor level in Harrow Place, Blackpool close to an
unprotected edge without the means to prevent a fall.
The workers were not being monitored and had accessed the
roof to do the work as they were unable to carry out the task
from below with the equipment, which had been provided for
them. Enforcement Notices had previously been served against
the company for work at height failures at the same site.
An investigation by the Health and Safety Executive (HSE)
found that the company had not followed its own procedures
and was not sufficiently supervising the work. Suitable edge
protection to prevent a fall from height was not provided and
the workers had not been given sufficient training in working
safely on roofs.
Ron Richardson Construction Limited pleaded guilty to
breaching Regulation 4 (1) of The Work at Height Regulations
2005. They were fined £18,000 and ordered to pay costs of
£3,342.
Company fined for failing to comply with Work at Height Regulations
STAY SAFE
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May 2021
Sole trader, Ian Pitman, has been fined after a sub-contractor
fell five metres through a sky light onto a concrete floor.
Bristol Magistrates’ Court heard how on 20 July 2017 a man
working for Ian Pitman was renewing the guttering between
two buildings in Bristol. While fitting a roof panel back into
place he fell backwards through a sky light, hitting the rail of a
lift truck below and landing on the concrete floor. He suffered
multiple injuries including a fractured skull and broken ribs.
An investigation by the Health and Safety Executive (HSE)
found that Mr Pitman failed to ensure that work at height was
properly planned, appropriately supervised and safe in such a
way as to ensure that persons not in their employment were
not exposed to risks to their health and safety.
Ian Pitman pleaded guilty to contravening Regulation 4(1) of
the Work at Height Regulations 2005. He received a four-
month custodial sentence, suspended for 18 months and given
180 hours of unpaid community work. He was ordered to pay
costs of £13,500 and a victim surcharge of £115.
Speaking after the hearing, HSE inspector Stacey Gamwell,
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. This serious
incident could have been avoided if basic safeguards had been
put in place.
“HSE will not hesitate to take appropriate enforcement action
against those that fall below the required standards.”
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Sole trader prosecuted
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May 2021
A construction
company director has
been fined for leaving
a gas boiler at a
domestic property in
a dangerous condition
as he worked to build
an extension.
During the building
work, the residents of
the property in
Newcastle were
placed at a serious
risk of ill health,
including carbon
monoxide poisoning.
Newcastle-upon-Tyne Magistrates’ Court heard that
commencing in April 2018, construction work was carried out
at a domestic property on Lichfield Avenue, which affected the
safe working condition of the gas boiler and flue at the
property. The family of three, a mother and her two children,
remained living in the house while the extension was built.
An investigation by the Health and Safety Executive (HSE)
found that the director of Coulson Constructions North East
Ltd, did not make the gas system in the house safe before or
during the construction work, allowing the fumes and
poisonous gases from the boiler to flow into the extended
house. He was not Gas Safe registered.
The director pleaded guilty to breaching Section 37 and Section
20 (2)(j) of the Health and Safety at Work etc. Act 1974. He was
sentenced to 12 months imprisonment suspended for 24
months, given 250 hours of unpaid work and ordered to pay
costs of £5,200
Speaking after the hearing, HSE inspector Paul Wilson, said:
“Construction work can and must be planned properly to
ensure the health and safety of those potentially affected
throughout the building project.
“Any work on a gas system, including the boiler in our houses,
must always be carried out by competent gas engineers,
namely those accredited with Gas Safe Registration. Not to do
so is both illegal and potentially very dangerous.
Ineos Chemicals Grangemouth Limited has been fined after
ethylene, a flammable gas, was released from a cracked pipe at
the KF Ethylene Plant.
Falkirk Sheriff Court heard that on 2 May 2017 approximately
17 tonnes of ethylene was released from the pipe. This leak
precipitated the formation of a flammable gas cloud of around
65,000m³. The gas cloud was seen to move through a
congested area of the plant reaching ground level.
An investigation by the Health and Safety Executive (HSE)
identified that the immediate cause of an unplanned shutdown
on the compressor was due to a ‘non-routine’ maintenance
activity related to the changeover of a redundant electronic
control card in the compressor anti-surge system. The line
should have been designed for all potential operating
conditions and should not have failed as a result of the rapid
opening of the valve and the sudden inrush of hot gas.
Ineos Chemicals Grangemouth Limited pleaded guilty to
breaching Regulation 5(1) of the Control of Major Accident
Hazards Regulations 2015 and section 33(1) of the Health and
Safety at Work etc. Act 1974. They were fined £400,000.
Speaking after the hearing HSE inspector Mac Young said:
“While there were no injuries as a result of this incident and it
was brought under control relatively quickly, the level of fine
reflects the seriousness of what happened. It is important that
operators of high hazard sites remain vigilant and control the
risks that arise as a result of their processes to prevent major
incidents.”
Director fined after residents exposed to carbon monoxide Fine after major gas leak
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May 2021
A contractor has been fined after an employee was hit by
falling debris from a wall that was being demolished in an
unsafe manner.
Blackpool Magistrates’ Court heard that on 10 January 2020,
Barrowbridge Construction Limited had been contracted to
demolish a garage in Lancashire. Three operatives pushed
over part of an external wall. As they did so, one of them was
struck at shoulder height by falling debris and fell to the
ground, with the material falling on top of him. He sustained
injuries to his shoulder and a fractured heel and ankle.
An investigation by the Health and Safety Executive (HSE)
found that the demolition was not planned or carried out in a
manner to prevent danger. The risk assessments and method
statement required the use of hand tools, including
sledgehammers, to demolish the walls of the garage. No
measures were identified or implemented which would
maintain the stability of the wall throughout the demolition,
resulting in a risk that the structure would become unstable
and potentially collapse.
On their second day on site, the operatives decided that it
would be safer to simply push the remaining wall over. This
change was made without consultation with the project
manager and resulted in the operatives working in an unsafe
area. The wall collapsed in two directions when pushed.
Barrowbridge Construction Limited pleaded guilty to breaching
Regulation 20(1) of the Construction (Design and
Management) Regulations 2015 and was fined £600 with costs
of £1,947.00.
A specialist roofing and cladding company has been sentenced
after an employee suffered serious injuries when he fell
through an asbestos roof whilst undertaking gutter cleaning
and roof repairs.
North Staffordshire Magistrates’ Court heard that on 1 March
2017, DPM Industrial Roofing (UK) Limited (DPM), was engaged
by PD Edenhall, to undertake work on the fragile pitched roof
on units at its premises in Burslem, Stoke-on-Trent. The work
involved cleaning valley gutters and over-sheeting six damaged
asbestos roof sheets with corrugated metal sheets.
Two DPM employees accessed the roof via a cherry picker and
proceeded to clean the first valley gutter which was 35m long
and two feet wide.
During the work one of the men stepped off the crawling
board and onto the fragile asbestos cement roof, which gave
way causing him to fall 7.5 metres to the concrete floor below.
He fractured his spine in two places and also fractured his
pelvis, shoulder and rib.
An investigation by the Health and Safety Executive (HSE)
found the method of work was unsafe. There was no fall
protection on either side of the valley gutter to prevent the
workers falling through the pitched fragile roof and no fall
protection at the end of the valley gutter to prevent them
falling off the roof. This unsafe method of work was repeated
when the men cleaned the second valley gutter. The risk
assessment was not suitable and sufficient.
Although it identified working on a fragile roof as ‘high risk’ it
failed to identify falls from a leading edge and did not include
adequate control measures to prevent falls through or from
the roof.
DPM Industrial Roofing (UK) Limited pleaded guilty to
breaching Section 2 of the Health and Safety at Work etc Act
1974 and was fined £10,000 and ordered to pay costs of
£6,454.
Speaking after the hearing, HSE inspector Susan Ritchie said:
“This serious incident could easily have been prevented had
appropriate control measures been considered and put in
place to prevent falls from height.”
Unsafe demolition leads to fine Worker sustained serious injuries falling through an asbestos roof
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May 2021
Two construction companies have been fined after a worker
was seriously injured when a part of an air conditioning plant
fell on him while it was being lowered from a roof.
Southwark Crown Court heard that on 10 November 2017
three roofers had been working in London, finishing off a large
roof refurbishment project. The workers were instructed to
dismantle a decommissioned air conditioning plant and
remove it from the roof in high winds. As part of the plant was
being lowered, it became detached from the rope and hook. It
fell and struck one of the workers on the pavement below,
fracturing his left femur.
An investigation by the Health and Safety Executive (HSE)
found that only a basic manual gin wheel was provided to
lower the parts, no one was assigned to supervise and none of
the workers had any formal training on carrying out lifting
operations or slinging loads. There were also other failings at
the site relating to working at height, control of asbestos,
emergency arrangements, manual handling and a total lack of
any welfare facilities for the workers.
NMC Surfacing Limited (NMC) had subcontracted the roof
refurbishment work to a smaller local business, Fraden
Contracts Limited. The client was unaware NMC had
subcontracted the construction work. The Court heard NMC
provided them with modified versions of Fraden’s risk
assessment records with all references to Fraden erased.
NMC Surfacing Limited, who had been the Principal Contractor
for the project, was found guilty after a trial of a breach of
Regulation 13(1) of the Construction (Design and
Management) Regulations 2015. The company was fined
£350,000 and ordered to pay £45,122.36 in costs.
Fraden Contracts Limited, who had been contracted by NMC
Surfacing Limited to carry out the work, had already pleaded
guilty to a breach of 15(2) of the Construction (Design and
Management) Regulations 2015. This company was fined
£14,000 and ordered to pay £6,015.26 in costs.
HSE inspector, Andrew Verrall-Withers, commented after the
hearing: “Little thought was given to planning the lifting
operation by the companies and it was the workers who
identified passing members of the public were at risk and
borrowed some barriers to try and protect them.
“It is vital construction companies do not assume that because
workers have been in an industry for years, that they
automatically know everything about how to safely use
equipment.
“A worker suffered an injury which means he can no longer
work as a roofer despite three decades of previous experience.
He, or a passing member of the public, could have been killed.”
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Worker injured during lifting operation
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May 2021
Auberne Homes Limited and groundworks contractor W & E
Lammie have been fined after an employee of W & E Lammie
was crushed and severely injured during an excavation
collapse.
Ayr Sherriff Court heard that, on 20 February 2018, employees
of W & E Lammie were carrying out drainage works within an
excavation at a construction site in Cumnock when a section of
the unsupported wall of the excavation collapsed and crushed
one of the employees, causing serious injuries.
An investigation by the Health and Safety Executive (HSE)
identified that W & E Lammie failed to plan the precautions or
practicable steps necessary to prevent danger to any person
entering the excavation, failed to provide supports or battering
to ensure the excavation did not collapse and failed to provide
appropriate training and supervision to the employees carrying
out the drainage works.
The investigation also identified that in their role as principal
contractor, Auberne Homes Limited, failed to plan, manage
and monitor the drainage works being carried out on their
construction project.
W & E Lammie, a now dissolved partnership pled guilty to
breaching Regulation 15(2) of The Construction (Design and
Management) Regulations 2015 and were fined £18,000.
Auberne Homes Limited pled guilty to breaching Regulation 13
(1) of The Construction (Design and Management) Regulations
2015 and were fined £35,000.
Speaking after the hearing, HSE inspector Duncan Officer said:
“This incident could so easily have been avoided had the
excavation work been properly planned and carried out by
suitably trained individuals to ensure that the appropriate
safety measures were implemented to prevent excavation
collapse. Had the principal contractor carried out suitable
checks they could have been identified that those carrying out
the work were untrained and that safe working practices were
not being followed on site.
“The requirement for control measures and safe working
practices during excavation work are well-known in the
construction industry. HSE will not hesitate to take appropriate
enforcement action against those responsible for the
excavation works and those in control of the construction site
where these required standards are not met.”
A construction company has been fined after HSE inspectors
found unsafe working at height practises and other unsafe site
operations during a routine inspection.
Kidderminster Magistrates’ Court heard that on 8 October
2019, a routine inspection was undertaken at a construction
site in Redditch, Worcestershire following a report of a fall
from height. During the inspection there was evidence of poor
management of work at height, and numerous other
uncontrolled site safety risks. This included unsafe work on a
flat roof where there was no edge protection as required by
the regulations to prevent a fall from height, despite there
having been a fall from the same flat roof eight days earlier.
Prohibition Notices were served immediately in response to
the work at height breach and for unsafe access and egress
into the building. An Improvement Notice was served in
relation to planning for work at height and a Notification of
Contravention was also served for other identified failings.
SSF Construction Limited pleaded guilty to breaching
Regulation 4(1) of the Work at Height Regulations 2005 and
Regulation 13(1) of the Construction (Design and
Management) Regulations 2015. They were fined £48,000 and
ordered to pay costs of £3,443.
Speaking after the hearing, HSE inspector Chris Gregory said:
“The company had not learnt the lesson from the recent fall
from height and failed to ensure that appropriate fall
prevention or mitigation measures had been put in place, so
there was the potential for further falls from height and
serious injuries or fatalities.”
Worker seriously injured in excavation collapse Work at height failings
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May 2021
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May 2021
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May 2021
A construction company has been sentenced for failing to
comply with work at height regulations after a worker fell
through a fibre cement roof sheet sustaining serious injuries.
High Wycombe Magistrates’ Court
heard that on 6 September 2018, a
worker was replacing the roof of an
agricultural building in Reading when he
stepped across a roof-light onto a fibre
cement roof sheet, which gave way. He
fell approximately four metres on to the
workshop floor, sustaining multiple
fractures to his spine.
An investigation by the Health and
Safety Executive (HSE) found that a sole
trader, trading as Mark Wakefield
Construction, had failed to take
reasonably practicable precautions to
safeguard his workers during the re-
roofing work.
The workers had been put at risk of
falling through fragile roof sheets above
areas of the buildings where safety nets
had not been installed, underneath the
fragile roof sheets. The employer had
also failed to put edge protection in
place around the perimeter of the main
building and workshop to prevent the
risk of a fall.
The sole trader pleaded guilty to breaching Regulation 4 (1) of
the Work at Height Regulations 2005 and was fined £1,400 and
ordered to pay costs of £2,000.
The Port of Sheerness Limited, one of the core terminals of
Peel Ports London Medway, has been fined following an
incident where an employee was seriously injured by a clamp
truck.
Folkstone Magistrates’ Court heard that on 28 October 2018,
an employee was hit by a five tonne clamp truck in a paper reel
shed on the Sheerness Port.
The employee sustained an open leg fracture and was knocked
unconscious. He was subsequently airlifted to hospital and had
to have his leg amputated.
An investigation by the Health and Safety Executive (HSE) into
the incident found that the Port of Sheerness Limited failed to
ensure pedestrians and vehicles could circulate and operate
safely, putting the employee and others at significant risk.
Supervisors were frequently working amongst five to six clamp
trucks whilst undertaking the supervision of the paper reel
unloads.
It was found that there had been previous incidents where
supervisors had been in close proximity of the vehicle
operations on the port and had been hit by vehicles or
product. Port of Sheerness Limited had only reviewed the
immediate work relating to the incidents.
Port of Sheerness Limited pleaded guilty to breaching Section 2
of the Health and Safety at Work Act 1974. They were fined
£60,000 and ordered to pay costs of £10,886.
Sole trader fined after worker breaks back in fall from height Port fined after truck incident
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May 2021
A construction company has been fined after workers were
exposed to asbestos whilst refurbishing a flat in Westminster.
Westminster Magistrates’ Court heard that between 14 May
and 31 August 2018, ASAI Construction Ltd, the Principal
Contractor for the project, failed to obtain a Refurbishment
and Demolition asbestos survey prior to commencing work on
site. During the project ASAI Construction Ltd was made aware
by a subcontractor that there was asbestos containing material
(ACM) within the flat, however the company allowed work to
continue and failed to ensure that the ACMs were removed
safely. As a result, several people were exposed to asbestos
fibres over a prolonged period.
An investigation by the Health and Safety Executive (HSE)
found that ASAI Construction Ltd failed to take reasonably
practicable steps to prevent the people working on site being
exposed to asbestos.
ASAI Construction Ltd pleaded guilty to breaching Section 3(1)
of the Health and Safety at Work etc Act 1974. The company
was fined £30,000 and ordered to pay costs of £2,837.
Speaking after the hearing, HSE inspector Owen Rowley said:
“There are currently more than 5,000 asbestos-related deaths
each year in the UK. Any asbestos on site should be identified
before refurbishment or demolition work takes place and
suitable steps must be taken to control the risk of exposure.
“In this case ASAI Construction Ltd’s failure to manage the risk
of exposure to asbestos was compounded by their lack of
response when concerns were raised regarding its presence on
site.”
Arnold Laver & Company Ltd
have been sentenced for safety
breaches after a worker was
struck by objects falling from an
articulated trailer.
Bradford Magistrates’ Court
heard that on 24 July 2019, the
45-year-old worker had been
unloading the bottom deck of
the double deck articulated
trailer, which was being used for
overflow storage at the
company’s Manningham
Sawmill site in Canal Road,
Bradford.
An investigation by the Health
and Safety Executive (HSE)
found that the trailer was being
used to store mainly composite decking on the lower deck. The
upper deck contained packs of MDF architrave, timber stock,
and various promotional materials.
Another operative needed to place a pallet of decking on the
bottom deck, and to make more space to do that he removed a
side support, which helped to hold the top deck of the trailer
up. However, another side support had already been
disengaged and when the second support was removed the
loaded top deck of the trailer partially collapsed. Part of a pack
of architrave slid off the top deck and hit the worker. He
suffered a broken left femur and other bones in his left foot.
Arnold Laver & Company Ltd of Bramall Lane Sheffield South
Yorkshire pleaded guilty to breaching Section 2 (1) of the
Health & Safety at Work etc Act 1974.
The company has been fined £150,000 and ordered to pay
£1,719 in costs.
Speaking after the hearing, HSE inspector David Beaton said:
“The use of the trailer as a storage facility had not been
properly risk assessed.
“This incident could so easily have been avoided by simply
using correct control measures and safe working practices.”
Workers exposed to asbestos Fine after worker suffered multiple leg injuries
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May 2021
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Printed plastics manufacturer Alfaplas Limited has been fined
after a worker became unconscious as a result of asphyxiation
when his tabard was entangled in the rotating spindle of a print
machine.
Kidderminster Magistrates’ Court heard how on 29 January
2019, an employee who was a supervisor at Alfaplas Limited in
Hereford, attempted to realign a reel of product on a print
machine whilst it was running at half speed. The employee’s
high visibility tabard became entangled in an unguarded
rotating spindle, drawing in his clothing. He became
unconscious as a result of asphyxiation from the entangled
clothing. An operator on an adjacent machine intervened to
stop the print machine.
An investigation by the Health and Safety Executive (HSE) found
the company failed to prevent access to the dangerous parts of
machinery or stop dangerous parts before access was gained.
They later fitted electro sensitive protection devices, which
stopped the machine when the roller was active in the
operator zone and the light beam was broken.
Alfaplas Limited pleaded guilty to breaching Regulation 11(1) of
the Provision and Use of Work Equipment Regulations 1998
and Regulation 3(1) of the Management of Health and Safety
Regulations 1999. They were fined £150,000 and ordered to
pay costs of £14,379.
Speaking after the hearing, HSE inspector Sara Lumley said:
“This incident could so easily have been avoided by simply
ensuring that dangerous parts of machinery were guarded.
A builder has been imprisoned for 24 weeks after he failed to
report a serious incident at a construction site he was in charge
of.
Westminster Magistrates’ Court heard that on 8 January 2019,
worker Simon Lewis had been clearing a site on Clarence
Avenue, New Malden with an excavator so a new house could
be built. The excavator tipped while digging and it trapped Mr
Lewis’ leg, resulting in an amputation.
An investigation by the Health and Safety Executive (HSE) found
that Mr Lewis had no formal training for operating excavators
and had requested a 3-ton model was provided for the work.
However, only a smaller 1.7-ton excavator was provided, and
Mr Lewis was put under pressure to use this.
The incident was not reported to the HSE within ten days as
required and the defendant had not investigated the incident.
HSE was only able to start an investigation more than eight
months later when the injured person complained. By this time
crucial evidence relating to the cause of the incident was
unobtainable and the work was almost completed. There was
no health and safety related documentation and there was no
employer’s insurance cover for Mr Lewis to claim against. Mr
Adams had not obtained any health and safety related training
during his 50 years in the construction industry.
The builder, trading as Surrey Conversions pleaded guilty to a
breach of Regulation 3(1) of the Reporting of Injuries, Diseases
and Dangerous Occurrences Regulations 2013. He received a
24-week custodial sentence and was ordered to pay costs of
£2,033.
Worker entangled in machinery
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May 2021
Esseco UK Ltd has been sentenced for safety breaches after an
employee fell 2.7 metres onto a concrete floor and suffered a
fracture to his skull.
The company was also fined for an explosion at a chemical
plant in Wakefield in November 2014.
Leeds Crown Court heard that on 11 May 2015, the employee
entered the first floor of a building on Calder Vale Road,
Wakefield known as ‘the Wendy House’, in order to inspect the
building prior to demolition.
As he walked across the metal decking on the first floor, he fell
through a gap, which had been created by removal of a piece
of equipment, to the floor below. He suffered a fractured skull,
fractures to five vertebrae a broken clavicle, broken ribs, a cut
on the leg and a dislocated finger.
An investigation by the Health and Safety Executive (HSE)
found that the building was redundant and due for demolition.
The section of the metal decking floor had previously been
removed on 24 April 2015 leaving a gap measuring 0.9m by
0.7m.
Esseco UK Ltd pleaded guilty to breaching Section 2 (1) of the
Health & Safety at Work etc Act 1974. The company has been
fined £140,000 and ordered to pay costs of £7,642.
Esseco was also prosecuted by HSE following an explosion at
the company’s chemical plant, also in Wakefield.
Nobody was hurt in the blast on 19 November 2014, which
caused damage to the steel structure and a release of sulphur
dioxide into the atmosphere.
The construction of a new process plant at the site was near
completion and commissioning of the plant had started in
September 2014.
Trials were being run on the new plant, which involved the use
of the chemicals used in the production process of
agricultural liquid fertilizer, including sulphur prill (granules of
solid sulphur). There were problems with the enclosed bucket
conveyor feed system, which transported the prill from a
hopper into the chemical reactor tank. Sulphur dust was
created within the conveyor due to physical break down of the
prill. The sulphur dust cloud ignited, which caused the
explosion.
An investigation by HSE found that commissioning of the plant
with inert materials would have identified that the conveyor
system was not aligned correctly, resulting in physical
degradation of the prill to form an explosive dust cloud.
The specification of components of the conveyor system had
not been checked by the dutyholder resulting in the presence
of potential of ignition sources within the conveyor system.
The company pleaded guilty to breaching Regulation 4 of the
Control of Major Accident Hazard Regulations 1999, was fined
£90,000 and ordered to pay costs of £7,642.
An asbestos removal contractor has been fined after a worker
was fatally injured and another worker seriously injured in a
gas explosion.
Hamilton Sheriff’s Court heard how on 5 October 2017,
workers were removing a boiler and pipework, and
overspraying walls to remove asbestos residue, at the former
Pastoral Centre in Bonkle Road, Newmains in Wishaw.
The work was being carried out prior to demolition. The plan
was to cut the boiler and pipework into sections to make it
easier to remove. However, the gas supply had not been
isolated and the workers cut through a live gas outlet pipe, the
gas ignited causing an explosion.
Two workers received extensive burns to their body and
underwent surgery.
One of the employees died in hospital several days after the
incident.
An investigation by the Health and Safety Executive (HSE)
identified that the risk assessment and plan of work for the job
had identified services were present in the boiler room, but
the company failed to ensure the gas pipe was isolated and
purged of gas before work commenced.
Enviraz (Scotland) Limited pleaded guilty to breaching Section
2(1) of the Health and Safety at Work etc Act 1974.
The company was fined £150,000.
Chemical company fined after worker suffered multiple fractures Fatal gas explosion
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May 2021
A buy to let property developer
and company director have been
fined for poor health and safety
standards on their construction
site in Cardiff.
Cardiff Magistrates’ Court heard
that JNR Developers Limited had
consistently performed below
required health and safety
standards over a period of 10
years, despite interventions from
HSE and enforcement action to
remedy poor practice.
Health and Safety Executive (HSE)
inspections of refurbishment
projects under the control of JNR
Developers Limited in February,
March and April 2018 uncovered
serious management failings that
had resulted in site activities
being performed unsafely.
Multiple risks were identified
including structural safety
concerns, unsafe work at height,
poor electrical safety,
substandard plant management
and inadequate welfare that
resulted in immediate
enforcement action.
A subsequent HSE investigation
into JNR Developers Limited and
its director, identified a long
history of enforcement by HSE at
construction sites under his
control dating back over 10 years.
The investigation also identified
that poor safety management
and leadership had continued at
sites controlled by him despite
him receiving director health and
safety training as a result of
previous HSE enforcement action.
JNR Developers Limited pleaded
guilty to breaching Section 3(1) of
the Health and Safety at Work etc
Act 1974.
The company was fined £32,000
ordered to pay costs of £8,000.
The director pleaded guilty to
breaching Section 37(1) of the
Health and Safety at Work etc Act
1974. He received a six months
custodial sentence, suspended
for twelve months, and ordered
to undertake eighty hours of
unpaid work.
Company and director prosecuted for repeated poor standards of site safety
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May 2021
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May 2021
Greenway Partnership Limited, a Herefordshire based
construction company, has been fined after an apprentice fell
two metres during the demolition of part of a school premises.
Bristol Magistrates’ court heard that on 8 February 2018, the
apprentice electrician fell from height, causing facial and head
injuries. He was in the process of removing the flat roof of a
School in Lyndney when the incident occurred.
An investigation by the Health and Safety Executive (HSE)
found that the Greenway Partnership Limited did not
adequately plan for the removal of the flat roof. Operatives
had not been trained in working at height or demolition, and
there was inadequate supervision of the work. As a result, no
measures were put in place at the time to prevent or mitigate
a fall.
Greenway Partnership Limited pleaded guilty to breaching
Regulation 4(1) of the Work at Height Regulations 2005.
Despite being in liquidation the company was fined £21,319
and ordered to pay £6,284 in costs.
An MOT centre has been sentenced after oil drums supplied by
them exploded and killed an agricultural engineer.
Luton Magistrates’ Court heard how on 21 April 2017,
Christopher Chatfield, an experienced agricultural engineer,
was making metal pheasant feeders for the local game shoot.
This involved converting empty 200 litre oil containers by
cutting open the lids using a plasma torch. While cutting open
the third drum it violently exploded resulting in fatal injuries to
Mr Chatfield.
An investigation by the Health and Safety Executive (HSE)
found that the empty drums, labelled as having contained
motor oil, were found to have also previously contained highly
flammable gasoline, but had not been labelled correctly. The
residual gasoline vapour present within the drums violently
ignited upon the action of the hot cutting process, causing fatal
injuries to Mr Chatfield. There was a failure to provide any
labelling to show that the empty motor oil drums had been
repurposed to store gasoline and this created a risk of fire and
or explosion.
Stonehill MOT Centre Ltd pleaded guilty to breaching Section 6
(1)(c) of the Health and Safety at Work etc Act 1974. They were
fined £80,000 and ordered to pay costs of £8,167.
Speaking after the hearing, HSE inspector Parmjit Gahir said:
“Those who are involved in the sale or supply of an article or
substance, in this case used oil drums, have a responsibility to
ensure that adequate information is provided so that the
person buying the article can ensure that it can be safely used,
cleaned and maintained.
A manufacturing company has been fined after an apprentice’s
hand was caught in machinery.
Manchester Magistrates’ Court heard that on 21 November
2018, a 17-year-old apprentice, who had been working at
Amber Industries Limited in Oldham for 18 months, was
reaming work pieces using an unguarded pillar drill whilst
wearing gloves.
The glove on his right hand became entangled in the drill bit
resulting in three of his fingers being severed.
An investigation by the Health and Safety Executive (HSE)
found there were no guards in place to prevent access to
rotating parts and that the company had failed to provide
suitable information, instruction and training to the
apprentice, including clear instructions not to wear gloves.
They also failed to provide adequate supervision and
monitoring.
Amber Industries Limited pleaded guilty to breaching Section 2
(1) of the Health and Safety at Work etc Act 1974. The
company was fined £52,500 and ordered to pay costs of
£14,442.
Speaking after the hearing, HSE inspector Jane Carroll said:
“This injury was easily preventable, and the risk should have
been identified. Employers should make sure they properly
assess and apply effective control measures to minimise the
risk from dangerous parts of machinery”.
Fall from height Apprentice suffered hand injury Worker killed by oil drum explosion
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May 2021
The government has promised to "halt the decline of nature"
as part of a new drive to improve the environment.
More trees are to be planted, the sale of peat will be banned
and new targets will be set to return species such as wildcats
and beavers to the countryside.
The measures include a legally binding 2030 target to address
wildlife loss.
In a speech from Delamere Forest, in Cheshire, Environment
Secretary George Eustice, said: "We hope that this will be the
net zero equivalent for nature, spurring action of the scale
required to address the biodiversity crisis." He also described
the move as "a huge step forward".
The legally binding target will apply to England only, with
devolved administrations able to set their own policy.
The government has also set out new proposals to protect
England's peatlands as part of a drive to achieve its goal of
bringing greenhouse gas emissions to zero overall - known as
net zero - by 2050.
It plans to ban sales of peat compost to gardeners in England
by 2024 and provide funding to restore 35,000 hectares
(86,000 acres) of degraded peatlands in the next four years,
about 1% of the UK's total.
Healthy peatlands play an important role in storing carbon -
three times as much as forests. However, peatlands damaged
by draining, planting with trees, or farming, start to leak
carbon, contributing to greenhouse gas emissions.
Only a fifth of the UK's 2.6 million hectares (6.4 million acres)
of peat are in good condition. Estimates suggest the habitat -
which ranges from upland moors to rich agricultural lowland -
could give off as much as 23 million tonnes of carbon emissions
a year.
Just 20 companies are the source of more than half of all the
single-use plastic items thrown away globally.
That is the conclusion of analysis of the corporate network
behind plastic production.
The study looked at approximately 1,000 factories that make
the raw materials needed for single-use products.
Plastic bottles, food packages and bags are among billions of
items that are used once and then thrown away, often ending
up in the oceans.
The research, carried out by a consortium including the London
School of Economics, looked at which companies are at the
base of the plastic supply chain and make polymers, the
building blocks of all plastics.
It names 20 petrochemical companies which it says are the
source of 55 per cent of the world's single-use plastic waste.
The companies include ExxonMobil, Dow and Sinopec.
The study also assesses which countries generate most single-
use plastic waste, based on per head of population.
The UK comes in fourth, with more than 40kg of plastic waste
generated per person per year, the authors state, while
Australia is top and the United States second.
The information can be accessed at: https://
www.minderoo.org/plastic-waste-makers-index/
Government give the green light for 'net zero' equivalent for nature Single use plastic waste report
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May 2021
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