Author Archives: Shirley Lovegrove

Company fined after worker injured during diving incident

A company specialising in underwater civil engineering and commercial diving has been fined following an incident where a working diver was injured.

Beverley Magistrates’ Court heard how on 29 August 2017 a Northern Divers (Engineering) Ltd employee’s finger became trapped whilst fitting a cofferdam underwater at Immingham Port, causing the finger to be severed.

An investigation by the Health and Safety Executive (HSE) found the work was not properly planned, managed or conducted in a manner which protected the health and safety of all persons taking part in the project, thereby exposing employees to serious risk of entrapment and injury.

Northern Divers (Engineering) Ltd of Humber Place, Hull, pleaded guilty to breaching Regulation 6 (1) of the Diving at Work Regulations 1997 in relation to the incident and have been fined £12,000 and ordered to pay costs of £2,369.

Speaking after the hearing, HSE inspector Chris Booker 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 standards.”

Notes to Editors:

  1. The Health and Safety Executive (HSE)[1] is Britain’s national regulator for workplace health and safety. We seek to 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.
  2. Further information is available about the legislation referred to in this case link to external website[2].

Director fined £30k after workers narrowly escape roof collapse

A director of a construction firm has been fined £30,000 after three roofers narrowly escaped the partial collapse of a roof.

Director fined £30k after workers narrowly escape roof collapse

Partial roof collapse of the building in Barnsley

Jason Lycett, a director of Brooke Ren, was found guilty of breaching s 37(1) of the Health and Safety at Work Act at Sheffield Magistrates’ Court over the incident, which took place on a building project in Barnsley, South Yorkshire on 24 February 2016. He must also pay £7,027 costs.

A Health and Safety Executive (HSE) investigation found that Brooke Ren, which was the principal contractor on the development at Church Street, Jump, Barnsley, had ignored instructions given in the preconstruction phase that the development’s roof structure needed to be designed by a specialist. The project involved demolishing a former public house and constructing two, two-storey blocks of flats. Timber roof structures had been constructed for each block and were being tiled.

The HSE found the three roofers had been working on the roof of Block B and were transferring tiles from ground level using a tile hoist and distributing them over the surface of the roof when the hoist broke down. Two of the roofers had climbed down from the roof and the third was descending a ladder from a scaffold when the roof collapsed, demolishing a small wall at eaves level and distorting the scaffold.

None of the three roofers was injured. However, the investigation found that, had the tile hoist not broken down, the workers would have been on the roof when it fell in. The roof structure was not able to withstand the loads.

The HSE found that Brooke Ren, which had failed to employ a specialist to design the roof structure at the preconstruction phase, only did so after the incident.

HSE inspector Alan Sheldon said: “Principal contractors have an important role in managing health and safety risks during the construction phase, so they must have the skills, knowledge, experience and, where relevant, organisational capability to carry out this work.

“Although there were no injuries, matters could have been very different had the workers still been on the roof at the time of its collapse.”

Article Nick Warburton is deputy editor of IOSH Magazine 

Jail for fake construction skill cards fraudster

Fraudster jailed for selling fake construction skills cards

A man who sold counterfeit work-based qualification cards has been jailed for more than three years.

Fraudster jailed for selling fake construction skills cards

Warwickshire City Council Trading Standards brought the prosecution against Andrew Weeks, 53, after he was found producing the fake cards at his printing company Nuneaton Print and selling them online for up to £30.99 each.

Forged documents included cards for the Construction Skills Certification Scheme (CSCS), the Construction Plant Competence Scheme (CPCS) and the Electrotechnical Certification Scheme (ECS).

Other fake documentation included occupational health cards, driving licences, qualification certificates for first aid, and City & Guilds certificates.

A Construction Industry Training Board (CITB) investigating officer was able to purchase a CPCS card from Weeks without providing evidence that he was trained to operate machines such as dumper trucks and excavators.

Solicitors acting for the construction industry served a cease and desist order, which Weeks signed agreeing to stop producing the counterfeit documents. However, he changed his company’s name to Yorkshire Novelty Print and continued trading.

Warwickshire trading standards officers then launched their own investigation and raided Weeks’ business premises.

Weeks pleaded guilty to one offence under s 9 of the Fraud Act 2006 at an earlier hearing and was sentenced at Warwick Crown Court to three years and eight months imprisonment. He claimed in his defense that the “novelty item” disclaimer sent out with his products made his actions “acceptable”.

His Honour Judge Barry Berlin said that producing counterfeit licences and qualification certifications had serious ramifications for public safety and described Weeks’ actions as “fraud to foster more fraud”.

He was also sued by CSCS for copyright infringement and ordered to pay damages of £6,000.

The names of those who had purchased fake documents from Weeks are now in the hands of the certificate awarding organisations.

Warwickshire County Councillor Andy Crump, portfolio holder for community safety, said: “Mr Weeks has committed an incredibly serious offence that could mean that hundreds of people across the UK are employed in jobs and trades that they are unqualified to undertake and in some cases, particularly in construction, electrical installation and caring professions may be putting lives at risk, not to mention those who may be driving on our roads today with fake licences.”

Ian Sidney, fraud manager at CITB, added: “The use of fake cards could easily lead to accidents, injuries or even fatalities where contractors do not have the required skills, training or qualifications. Employers must remain vigilant when checking workers’ documentation and keep an eye out for any suspicious activity.”

Keeley Downey is assistant editor of IOSH Magazine

London Zoo fined £40k

London Zoo fined £40k for untrained worker’s fall from faulty step ladder

The Zoological Society of London (ZSL) must pay £40,000 after a keeper fell from a step ladder while cleaning out an aviary at London Zoo.

London Zoo fined £40k for untrained worker’s fall from faulty step ladder

Image credit: © REX/Shutterstock

The ladder, which was defective, had been consigned to a skip but was returned to use because it wasn’t marked as such, Westminster Magistrates’ Court was told this week.

Angelina Lawson had removed droppings from four aviaries using the ladder and was working at 2.5 m up in a fifth enclosure when the steps gave way on 16 July 2016.

After landing on a wooden floor, she sustained neck pain, concussion and grazed her elbow.

District Judge Richard Blake told the court: “She attended hospital the next day for an x-ray which showed swelling of the soft tissue and she was also diagnosed with concussion which can last up to a month.”

Lawson spent several weeks recovering from soft tissue damage to her neck.

The charity, which runs London Zoo in Regent’s Park, conducted an internal investigation and then informed Westminster City Council. The authority found that Lawson, who’d been working at the zoo for four years, had received no training to use the steps. Judge Blake said the lack of training was a direct cause of the accident. The ZSL admitted two health and safety breaches in August.

According to The Telegraph, Charles Barry, representing the charity, told the court Lawson had been due to have ladder training when she fell, but was “at the bottom of the list” as she did not usually work at height.

Barry pointed out that any profit from the ZSL’s £50m annual turnover is used for its animal conservation work and urged the judge to limit the fine.

Calculating the starting point for the two breaches, Judge Blake determined fines of £150,000 for each offence but after considering the ZSL’s early guilty plea, he reduced the total to £200,000. The overall fine was then cut to £100,000 to reflect the charity’s status and then to £40,000 for other mitigating factors. He also imposed £8,000 costs.

Judge Blake said: “In the circumstances, I consider having regard to the charitable nature of this organisation, it is appropriate to take that into account by halving the fine to £50,000 in each instance.

“I reduce the fine further in respect of each offence. I have dealt with this in the manner I have very much recognised the nature of the Zoological Society.”

Passing sentence, the judge added he had sent a “powerful” message to the society, arguing £40,000 was a “significant sum”.

The Evening Standard reported that the conviction follows the zoo’s caution over the escape of a gorilla from its main enclosure in 2016.

Article By Nick Warburton

Nick Warburton is deputy editor of IOSH Magazine 

ECS recognise SPA Core passport as a health and safety qualification

The Electrotechnical Certification Scheme (ECS) introduced changes to a number of its cards, to incorporate new qualification requirements that have been led by the construction industry. From 01 August 2018, those applying for their first Labourer or Manager card must meet a set of new criteria which will involve holding a JIB-recognised health and safety qualification. You will have to provide evidence you are working as an Electrical Labourer with an electrical company and hold either ONE of the recognised health and safety qualifications: Safety Passport Alliance (SPA) Core H & S Course. These qualifications are accepted as a 3-year exemption from the ECS HS&E Assessment. If you have gained one of these qualifications within the last three years, you will not need to sit the ECS assessment separately when you apply for the new style of card, until the next point of renewal. To sit your Core passport to then be able to apply for your ECS please contact any of our accredited training providers.

Quarry operator fined £30K for employee’s conveyor injuries

11 October 2018

A Scottish quarry operator must pay £30,000 after its failure to prevent a maintenance worker from accessing a conveyor belt on an unisolated screener unit resulted in severe injuries to his hand and arm.

Quarry operator fined £30k for employee’s conveyor injuries

Image credit: HSE. A general view of the screener unit

The Health and Safety Executive (HSE) found that MacAulay Askernish, which operates Askernish Quarry on the Isle of South Uist, had failed to install an adequate guard on the screener unit and did not isolate dangerous moving parts while the maintenance work was carried out on 2 November 2016.

Maintenance worker Donald Campbell was able to lean through the opening in the screener’s conveyor frame to fix a slipping belt. His hand was pulled into the nip point between the machine’s drive drum and conveyor belt and his arm became entangled, causing severe injury and permanent disfigurement.

HSE inspectors also found that MacAulay Askernish, which offers plant hire, carries out civil projects and provides utility services to the public sector, most notably for Scottish Water, had failed to ensure the unit was maintained properly. Officers found other guard panels were not in place on the machinery.

MacAulay Askernish, of Hillside Office, Lochboisdale, Isle of South Uist, pleaded guilty to breaching reg 6(1) of the Quarries Regulations 1999 at Lochmaddy Sheriff Court.

IKEA Fined after engineer loses fingers

IKEA pays £100k after untrained engineer lost fingers in fan

IKEA must pay a £100,000 after a maintenance engineer lost part of two fingers while checking a fault to a fan on the roof of the furniture retailer’s Bristol branch.

IKEA pays £100k after untrained engineer lost fingers in fan

Photo © Philip Halling (cc-by-sa/2.0)

A Bristol City Council investigation into the incident, which took place on 21 November 2016, found that there were no guards on the fan nor on eight others on the roof. The designer and seller of ready-to-assemble furniture had failed also to risk assess maintenance or fault-finding work. IKEA also failed to provide the engineer with safety training to carry out the checks.

During the investigation council inspectors served an improvement notice, which required the Swedish-owned multinational group to adopt safety precautions to prevent any further injuries from fans and other machinery. IKEA has since carried out the remedial work.

IKEA admitted breaching s 2(1) of the Health and Safety at Work Act at Bristol Magistrates’ Court. Senior managers attended the sentencing and a letter from a board member was read out, which expressed remorse for the incident. It also said that lessons had been learned and shared throughout the business.

The company must also pay £6,407 costs.

Article by

Nick Warburton is deputy editor of IOSH Magazine 

Construction company and director sentenced for health and safety failings

Date:26 September 2018

A construction company and its managing director have been sentenced after poor conditions at a building site were found to be dangerous.

Westminster Magistrates’ Court heard how HSE inspectors had visited the site in Sherborne Gardens, London, following an incident in January 2017. They found evidence of poor health and safety conditions on site including dangerous work at height, a lack of suitable equipment, and untrained operatives working without adequate supervision.

An investigation by the Health and Safety Executive (HSE) subsequently found the construction company, C J Langs Limited, failed to plan, manage and monitor the work on site and its managing director Mr Kewie Doherty was responsible for the poor conditions on site.

C J Langs Limited of Pembroke Lodge, Pembroke Road, Ruislip pleaded guilty to breaching regulation 15(2) of the Construction (Design and Management) Regulations 2015, and was fined £80,000 and ordered to pay costs of £6,000.

Mr Doherty of Bashley road, Park Royal, London pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc Act 1974 and was ordered to carry out 150 hours of unpaid community work and to pay costs of £1,673. Mr Doherty was also disqualified from being a company director for a period of 3 years.

Speaking after the hearing, HSE inspector Kevin Smith said: “Dutyholders should be aware that 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. 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

Worker suffers life-changing injury

Company fined after worker suffers life-changing injury  Date:21 September 2018

Timberline DIY Limited has today been sentenced after an employee injured three of his fingers while cleaning a band re-saw.

South Tyneside Magistrates’ Court heard how, on 30 June 2016, the worker was cleaning the saw at the premises on Riley Street, Jarrow, when he made contact with a moving blade. As a result of his injuries, the worker was rushed to hospital where he had to have three of his fingers partially amputated.

An investigation by the Health and Safety Executive (HSE) found the machine was not effectively braked and therefore the cutting blade took an excessive time to stop. Additionally, there were failings in the guarding of the machine and adequate training had not been provided to the worker.

Timberline DIY Limited, of Riley Street, Jarrow, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £40,000 with £8,000 costs.

After the hearing, HSE inspector Fiona McGarry said: “Woodworking machines run at very high speeds and workers are at risk during machine rundown. Fitting effective braking devices reduces the rundown time, making them safer for workers and this could have prevented this incident occurring. New machines should come with braking where necessary but older machines may require it to be retrofitted.’’

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. More information on retrofitting woodworking machine brakes can be found here: http://www.hse.gov.uk/pubns/wis38.pdf
4. HSE news releases are available at http://press.hse.gov.uk

Worker suffers factured spine in fall from height

Company fined after worker suffers fractured spine

Date:12 September 2018

A construction company has been sentenced after a worker was injured while demolishing a farm building.

South Tyneside Magistrates’ Court heard how, on 20 September 2017, an employee of Northern Structures Ltd was removing roof sheets from a timber frame farm building when he fell approximately 4 metres through one of the asbestos cement roof sheets onto the ground below, suffering a fractured spine.

An investigation by the Health and Safety Executive (HSE) found that, while a risk assessment and method statement were in place to remove the roof sheets from below, this method was then changed to remove them from above. It was during this process that the employee fell through a roof sheet.

Northern Structures Ltd of Amble Industrial Estate, Amble, Northumberland pleaded guilty to breaching Regulation 4(1)(a) and Regulation 4(1)(c) of the Work at Height Regulations 2005 and was fined £150,000 with £791.70 in costs.

Speaking after the hearing, HSE inspector Loren Wilmot said:

“Suitable and sufficient measures should have been in place through the use of alternative access equipment.

“This would have negated the need for the employee to be on the roof of the building, therefore eliminating the risk of a fall from height through the roof sheets.”

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/ link to external website[2]
  3. HSE news releases are available at http://press.hse.gov.uk