Category Archives: Health and Safety

£160,000 fine for injury to member of the public

Westminster Magistrates Court heard that, on 20 March 2017, the injured person was walking along Upper Street in Islington, London when he was hit on the head by the clip. He sustained numerous cuts to his head and face, a broken nose and a severely bruised skull. The Health and Safety Executive (HSE) prosecuted the firm over the incident.

Alandale Plant & Scaffolding Ltd of Beckenham, Kent pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974. The company was fined £160,000 and ordered to pay costs of £7,059.08 and a victim surcharge of £170.

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

“On this occasion the company did not follow their own risk assessments or method statements.”

Scaffolder sentenced over unsafe working at height

A 28-year­-old scaffolder has been sentenced after working at height without suitable and sufficient safety measures in place.
Greater Manchester Magistrates’ Court heard how, on 30 June 2017, Mr Terrance Murray was witnessed erecting scaffold in an unsafe manner by a concerned member of the public. Photographs were taken of Mr Murray standing on top of the scaffold in Quay Street, Manchester, with no edge protection and no harness attached to any part of the scaffold or building.

The fall height was estimated at between 13 and 18 metres. If he had fallen from this height into the concrete deck of the car park below there is a high probability that he would have sustained fatal injuries.

An investigation by the Health and Safety Executive (HSE) found that Mr Murray’s employers had taken reasonable steps to avoid working unsafely at height. Mr Murray was well trained and experienced, and had the correct equipment available to him in order to work safely. He acted alone against his better interest and training to work without edge protection and safety measures in place. Mr Murray was also accompanied by a trainee scaffolder at the time and so was setting an unsafe example.

Mr Terrance Murray of Largs Road, Blackburn pleaded guilty to breaching Section 7(a) of the Health and Safety at Work etc. Act 1974 and was sentenced to 26 weeks in prison, suspended for one year and 100 hours of community service. Mr Murray was also ordered to pay costs of £500 and a victim surcharge of £115.

Speaking after the hearing, HSE inspector Seve Gomez-Aspron said: “Falls from height remain one of the most common causes of work related fatalities in this country and should be taken seriously.

“This case highlights the importance of following industry guidance in order to erect scaffolding in a safe manner, which does not cause risk to members of the public and workers using the scaffold. It also serves to remind employees that they have a duty to look after themselves.”

Care home operator fined after death of vulnerable patient

Shrewsbury Crown Court heard how, on 15 February 2015 Michael Ibbetson, a resident of a care home operated by Akari Care Ltd was found at the bottom of a flight of stairs leading to the cellar with his wheelchair on top of him. Mr Ibbetson, who had one leg amputated at the knee, was able to operate his wheelchair alone and had days of confusion. He was last seen by the nurse on shift going into a lift by the cellar door to go to his room on the first floor.

An investigation by the Health and Safety Executive (HSE) found that although the door to the cellar had a key pad latch and was fitted with a self-closing device, it opened onto the stairs so that the first step was directly behind the door. The handrail was fitted in such a way that it was not possible to have a good handhold along its length, and there was no hand rail at the top of the stairs due to the door opening. The door was used daily by kitchen staff and the maintenance man. The investigation also found that Akari Care Ltd’s had not produced a risk assessment for access and use of the cellar and therefore had did not take account of the fact that the door opened inwards directly onto the stairs without a sufficient landing area.

Akari Care Limited of Albion Street, Leeds, was found guilty of breaching Sections 2(1) and 3(1) of the Health and Safety at Work Act 1974 and has been fined £120,000 and ordered to pay costs of £41,997.48.

Speaking after the hearing, HSE inspector Stephen Shaw said: “This tragic incident could have been avoided.

“It is unlikely Mr Ibbetson would have known the key pad number to the door, therefore the door cannot have been properly closed and locked.

“In this case, the risk assessment should have identified the potential risks to both Akari Care employees, visitors and residents of a door which opened inward without sufficient landing.”

£200,000 fine for work at height breaches

A London based construction company, Pride Way Development Ltd, has today been fined for repeatedly failing to manage and control fall from height risks.

Westminster Magistrates’ Court heard how, after concerns were raised by both workers and members of the public, HSE inspectors made a number of visits during 2016/17 to sites where Pride Way Development Limited had been appointed the principal contractor. On these visits, inspectors identified a number of serious health and safety failings, including unsafe work at height.

An investigation by the Health and Safety Executive (HSE) found that Pride Way had repeatedly breached health and safety legislation which gave rise to significant risk of harm, with four notices served for unsafe work at height in the past five years. A HSE intervention in 2013 resulted in the company drawing up a comprehensive work at height policy which subsequent inspections showed was being ignored.

Pride Way Development Ltd of Harrow Road, Wembley, Middlesex, pleaded guilty to breaching Regulation 13(1) of the Construction (Design and Management) Regulations 2015. The company has been fined £200,000 and ordered to pay costs of £1,499.40

Speaking after the case, HSE Inspector Gabriella Dimitrov said: “Falls from height remain one of the most common causes of work fatalities in this country, and the risks associated with working at height are well-known.

“Pride Way has been repeatedly warned by HSE about the need to manage risks, and have today been held to account for failing to take adequate action to protect the health and safety of its workers.”

Local authority fined after social workers assaulted

A local authority has been fined after two of its social workers were assaulted on a home visit by the mother of a vulnerable child they were visiting.

Westminster Magistrates’ Court heard how, on 21 July 2015, two social workers employed by London Borough of Brent visited the home of a vulnerable child to carry out a child safety plan assessment. While note-taking, both social workers were struck over the head with a metal object by the mother, resulting in one of them being knocked temporarily unconscious. While both received serious wounds to the head, the social worker knocked unconscious was later diagnosed with Post Traumatic Stress Disorder (PTSD).
The investigation by the Health and Safety Executive found the local authority failed to follow its corporate lone working policy or violence and aggression guidance. No risk assessment was completed and staff were not trained accordingly. London Borough of Brent also failed to add an aggression marker to make the social workers aware of the hazards posed by the mother who was known to have a history of violence.

London Borough of Brent of Brent Civic Centre, Wembley pleaded guilty of breaching the Health & Safety at Work etc. Act 1974, section 2(1) and were fined £100,000 and ordered to pay costs of £10,918.88

After the hearing, HSE inspector Neil Fry commented: “Violent and aggressive incidents are the third biggest cause of injuries reported to HSE from the health and social care sector.

“The local authority in this case failed to adhere to and implement its own systems and procedure for the management of lone working and violence and aggression against social workers. This risk could have been reduced in a number of ways including carrying out the visit in a controlled environment, such as the local social workers’ office.”

 

Construction Boss Jailed

A boss of a construction firm has received a 12 month prison sentence following trial at The Old Bailey.

Amanda Telfer was killed when a stack of large unglazed frames collapsed on her as she walked past a building site in Hanover Square, central London. Members of the public rushed to help, but Telfer could not be saved and she was pronounced dead at the scene just before noon on 30 August 2012.

A jury found the supervisor at IS Europe Ltd, Kelvin Adsett, 64, of Slough, Berkshire, guilty of manslaughter and breaching health and safety. It was said on his behalf that his life was destroyed as the result of “an aberration of carelessness”.

Sentencing him to 12 months in prison, Judge Peter Rook QC told him: “Your actions contributed to the wholly needless and untimely death of Amanda Telfer.” The judge said he had shown “reckless disregard” for what was a life-threatening situation.

Westgreen Construction Limited site manager Damian Lakin-Hall, 50, of Cobham, Surrey, was convicted of failing to take reasonable care of safety while at work.   Rook sentenced him to six months’ jail, suspended for two years.

The court had heard how the frames, which together weighed 655kg, had been left leaning against a wall after being delivered the previous day, before the site was ready for their installation.

Prosecutor Duncan Atkinson QC said it was “obvious to anyone” they carried a “clear and serious risk of death” to anyone walking past.

The frames were seen to move in the wind, prompting concern from the public that they might fall into the busy central London street. Another member of the public had almost been hit in a “near-miss” at the site just days before the fatal accident, the court heard.

Atkinson said: “There were a series of obvious and, in many cases, straightforward steps that could have been taken to avoid that risk – ranging from cancellation, delay, refusal of delivery on the one hand, to the storage, the use of straps and barriers. None were taken by any of the defendants and Amanda Telfer died as a result.”

Lawyer’s death was preventable – 4 on trial

The trial of 4 people and 3 companies commenced in February at The Old Bailey after the tragic death of a young lawyer back in 2012.

Amanda Telfer, 43, was killed when window frames due to be installed in a building in Hanover Square fell onto her as she walked past the building.  The window frames had been left stacked up against a wall the previous day, unsecured, unrestrained and weighing a total of half a tonne.

Four people and three companies deny a total of 13 charges over her death.

Prosecutor Duncan Atkinson QC said builders were not ready to install the frames but that they were delivered anyway.

He said it was “obvious to anyone” that the heavy frames, which together weighed 1,444lb (655kg), carried a “clear and serious risk of death”, including to those walking past.

Mr Atkinson told the court: “There were a series of obvious and, in many cases, straightforward steps that could have been taken to avoid that risk, ranging from cancellation, delay, refusal of delivery on the one hand, to the storage, the use of straps and barriers.

“None were taken by any of the defendants and Amanda Telfer died as a result.”

The jury at the Old Bailey was told how another member of the public had almost been hit in a “near-miss” at the site just days before the fatal accident.

Work was “routinely carried out” on the pavement and equipment was stored there overnight, but there was no external barrier to separate the working area from the public, Mr Atkinson said.

“In the days before the accident, a plywood hoarding had fallen from one of the apertures on the building, almost hitting a member of the public as he made his way home.”

Mr Atkinson said the alleged incident raised questions over health and safety at the site.

Damian Lakin-Hall, 50, from Cobham, Surrey, Claire Gordon, 36, from Leeds, and 64-year-old Kelvin Adsett – also known as Kelvin Schultz – from, Slough, Berkshire, deny manslaughter and health and safety breaches.

Steven Rogers, 62, from Sawbridgeworth, Hertfordshire, pleaded not guilty to a single charge of failure to take reasonable care for safety while at work as an employee of Westgreen Construction.

IS Europe of Slough, Westgreen Construction, of Richmond in Surrey, and Drawn Metal of Leeds, also deny health and safety charges.

Estate agents fined after househunter falls 30ft down a well during property viewing

Swindon Magistrates’ Court heard how, during an open house viewing a prospective buyer stepped onto a wooden board which was covering a well.  The board gave way and she fell 30ft down the well, where she became submerged by water. A hosepipe was thrown to the woman and she managed to secure it around her waist it was another hour before she was recused from the well. The incident left the victim with head injuries, including concussion but also suffering from post-traumatic stress disorder.

The incident occurred while the estate agents were holding an open house viewing at a property.

An investigation by the Health and Safety Executive (HSE) found the estate agents had been warned about the well and the board that was covering it did not look safe. The company did not properly investigate if there was a risk of people falling down the well when they were viewing the property. It was heard that a Strakers’ employee had visited the house, and assumed that the wooden board would have a metal grill underneath it. He did not however lift the board to check.

Speaking after the hearing HSE inspector Matthew Tyler said: “This incident could have easily become a fatal tragedy. If, when warned, of the unsafe well the company had properly checked to see if it was secure the trauma this individual has gone through could have been prevented.

“Employers must check the risks associated with their work to protect their workers and members of the public they have contact with. Once they have identified any risks they can take practical steps to control them.”

Director disqualified and sent to prison for safety failings which led to young worker suffering serious burns

HSE reports that the director of a construction company has been imprisoned for eight months after failing to take appropriate action which resulted in a young worker receiving serious burns.

Cardiff Crown Court heard the young worker was instructed to stand on top of a skip and pour a drum of flammable thinners onto the burning waste to help it to burn. The fireball that resulted when the thinners ignited caused the worker to be blown from the skip and he suffered substantial burns to his arms and legs.

An investigation by the Health and Safety Executive (HSE) found the company director did not ensure the burning of the waste material was being carried out in a safe or appropriate manner. He failed to administer any first aid to the young injured worker and did not send him to hospital, the most appropriate response given the severity of the injuries suffered. He failed to inform HSE of the incident, a legal requirement, and the incident was only reported sometime later by a third party

Speaking after the case HSE inspector Adele Davies said “David Stead failed his employees. His actions could have resulted in the death of this worker. The young man suffered unnecessary life threatening injuries due to poor working standards.

“We hope this sentence sends out a message that directors of businesses must take their health and safety responsibilities seriously.”

8 month prison sentence following fatal fall

The HSE has reported on a court case involving a Manchester Building Contractor who engaged unqualified labourers for roof works.

The building contractor has been jailed for 8 months following the death of a casual labourer who fell nearly seven metres through a fragile roof.

The 45-year-old labourer from Manchester had been carrying out repair work when the incident occurred on 23 November 2013.

The building contractor had been engaged by the warehouse owner, who believed him to be competent, to carry out repair and maintenance work on the warehouse roof. He then hired two people to do the work.

The Health and Safety Executive (HSE) investigation found that both workers were not qualified to carry out work at height. They had accessed the roof via a ladder in order to repair and seal leaking guttering. No safety precautions were in place to protect the two men from the danger of falling through the fragile roof.

Manchester Crown Court heard that The building contractor failed to assess the risks or put a safe working method in place. No suitable training or equipment to work on the roof had been provided.

Speaking after the hearing HSE Principal Inspector Mike Sebastian is reported to have said: ”The dangers of falls through fragile roofs and working at height are well known. Simple steps such as removing the need to access the roof directly by using mobile working platforms, or boarding out the roof, or using safety harnesses, can and should be used to prevent accident and injury.

The failure to take any such actions resulted in a tragic and needless loss of life.