NHS Trust fined over patient death
Surrey and Borders Partnership NHS Foundation Trust has been fined for health and safety failings after a patient fell to his death.
Adam Withers, 20, from Epsom had been detained as an in-patient at Epsom Hospital when the incident occurred on 9 May 2014.
Guildford Crown Court heard how Mr Withers was in the courtyard with his mother while being observed by a nurse from inside the ward when he started to climb up onto the conservatory roof.
The nurse immediately ran into the courtyard but was unable to prevent him climbing over the roof. He then climbed up a 130-foot industrial chimney and after attempts to talk him down failed, he fell and sustained fatal injuries.
An investigation by the HSE found a series of failures to ensure the risk associated with absconding was properly managed. There was insufficient communication between employees and inadequate systems to ensure the risk identified were addressed and remedied.
Speaking after the hearing, HSE Inspector Russell Beckett said:
“The Trust failed to make appropriate changes following previous incidents. Had the Trust carried out a suitable assessment and made the appropriate changes they would not have allowed a vulnerable person the opportunity to end his life.”
Surrey and Borders partnership NHS Foundation Trust of Mole Business Park, Randalls Road, Leatherhead, pleaded guilty to breaching s3(1) HSWA 1974 and was fined £300,000 and ordered to pay costs of £16,769.00.
Company fined after the death of worker
A North East based contractor Pyeroy Ltd has been fined due to failings in their work at height rescue planning.
Plymouth Magistrates Court heard that on 21 October 2013 Mr Keith Stevens, aged 57, was helping to dismantle temporary roofing at Devonport Naval Base using a mobile elevated work platform (MEWP). His colleagues found him trapped between a roof beam and the controls of the MEWP. There was a delay in Mr Stevens being lowered to ground. Mr Stevens died of a pre-existing heart condition.
An investigation by the HSE found that Pyeroy had not properly planned the work on a MEWP in restricted overhead areas. It was also found that other Pyeroy employees had not received suitable training in the emergency lowering procedure of the elevated platforms and no practice drills had been carried out.
Pyeroy Ltd of St Omers Road, Western Riverside Route, Gateshead has pleaded guilty to breaching Reg. 4(1) Work at Height Regulations 2005. The company has today been fined £130,000 and ordered to pay costs of £14,388.36.
Speaking after the hearing HSE inspector Helena Allum said:
“If Pyeroy had trained other employees to use the mobile elevated work platform in emergency situations, Mr Stevens would have been lowered to the ground more swiftly.” This case highlights the need for duty holders to properly plan all work at height beforehand, including emergency planning and rescue situations.”
Company and contractor fined after member of public struck by fencing wire
A civil engineering company (R M Contractors Limited aka RMC), and a contractor working on behalf of a tree surgery company Complete Tree Services (CTS) have been sentenced after a member of the public was injured by fencing wire.
Redditch Magistrates’ Court heard a member of the public was in her garden, when she was sprayed with pieces of fencing wire that had become entangled in a mechanical flail. As the head of the flail was lifted, ejected pieces were directed towards her garden. She was struck twice, once in the leg and once in the neck. She needed surgery to remove the piece of metal from her neck.
An investigation by the HSE into the incident, which occurred on 18 May 2015, found the contractor RMC who had engaged the sub-contractor CTS to carry out the flailing, who had failed to properly plan this work to ensure the suitable controls had been identified and implemented.
They both failed to check the area for obstructions or follow safe procedures should such an event occur.
R M Contractors Limited, of Pipers Road, Park Farm Industrial Estate, Redditch, Worcestershire, pleaded guilty to breaching Reg. 15(2) Construction (Design and Management) Regulations 2015, and was fined £180,000 and ordered to pay costs of £22,000.
Matt Lea of Little Luddington Farm, Stratford-Upon-Avon, Warwickshire, pleaded guilty to breaching s3(1) HSWA 1974, and has been sentenced to 120 hours community order and ordered to pay costs of £3600.
Speaking after the hearing HSE inspector Chris Gregory said:
“Members of the public have a right to expect to be able to enjoy their garden without any risk of being hit by flying debris from neighbouring work activity.”
Two companies fined after worker struck by scaffolding
Two South West based companies have been fined after a 44-year old woman was struck by scaffolding.
Weymouth Magistrates’ Court heard how employees of Carter Training Ltd were using a mobile crane on the building project in Queen Mothers Square, Poundbury, Dorchester when the attachment holding 500 scaffolding fittings weighing 2kg each was turned on its side emptying all contents onto workers and the concrete flooring 10.5 metres below.
The worker suffered two fractures to her left shoulder blade, a fracture to her left collar bone, a cut to the back of her head and bruising.
An investigation by the HSE found the stillage attachment used on the crane was not suitable for lifting heavy and large amounts of scaffolding. Lifting the scaffolding directly above a number of contractors working below also put them at risk of harm.
It was also found that principal contractor Zero C Holdings failed to carry out an audit of all lifting plans and as a result failed to manage the risks associated with this lifting activity. Zero C Holdings did not have clear lines of communication between the lifting company Carter Training Ltd and contractors working on the site below.
Zero C Holdings Limited of Armitage House, Poundbury, Dorchester has pleaded guilty to breaching Reg. 13(1) Construction (Design and Management) Regulations 2015 and has been fined £145,000 and ordered to pay costs of £3500.
Carter Training (services) Ltd of Budleigh Hill, East Budleigh, Devon has pleaded guilty to breaching Reg. 8(1) Lifting Operations and Lifting Equipment Regulations 1998, and has been fined £18,000 and ordered to pay costs of £3500.
Speaking after the hearing HSE inspector Nicole Buchanan said:
“The worker is very lucky that her injuries were not life threatening. Both Zero C Holdings and Carter Training put a number of workers at risk of harm when they failed to plan or identify the risks of heavy lifting. This case highlights the need for duty holders to properly plan all lifting operations before work is carried out to manage the risk of injury to workers. Lifting directly above workers is inherently unsafe and should be avoided wherever possible”
Roofing company fined after worker fell through roof
A London based roofing company has been fined after a 56-year old worker fell through two storeys onto a concrete floor.
Southwark Crown Court heard how 56-year old Ali Mucoj, while working for Wessexmoor Ltd, had been completing roof work at a site on Glycena Road in London, when he fell from an unguarded rear roof and suffered multiple injuries including internal bleeding on the brain and a broken left leg.
An investigation by the HSE found Wessexmoor Ltd failed to implement the required safety measures to ensure the roof work was conducted in a safe manner. It was found the roof in question had no edge protection or guardrails in place to prevent falls from height.
Wessesxmoor Ltd of Baring Road, Grove Park, London pleaded guilty to breaching Reg. 6(3) Work at Height Regulations 2005.
The company has today been fined £160,000 and ordered to pay costs of £7,580.85.
Speaking after the hearing HSE inspector Gavin Pugh said:
“Mr Mucoj suffered life changing injuries as a result of Wessexmoor’s safety failings. Duty holders must ensure all work at height is properly planned and all necessary equipment is put in place to ensure workers safety.”
Company fined after uncontrolled fire
Vertellus Specialties UK Limited has today been fined after an uncontrolled fire at the company’s Seal Sands premises in Middlesbrough.
Teesside Crown Court heard the large fire occurred at the premises in the early hours of 14 May 2014. The fire involved large quantities of dangerous substances including Vitride, which led to this fire being declared a major incident. The Vitride was in drums and each one burst open causing a large fireball.
No one was injured as a result of this fire, but police declared a major emergency and the road was closed for several hours.
An investigation by the HSE, EA and Cleveland Fire Brigade (CFB) found that Vertellus failed to adequately maintain its equipment; and failed to ensure the equipment was suitable to control temperature or prevent ignition to an uncontrolled release.
Vertellus Specialties UK Limited of St Anns Wharf, Newcastle upon Tyne, has pleaded guilty to breaching Reg. 4 Control of Major Accident Hazards Regulations 1999.
The company has today been fined £135,000 and ordered to pay costs of £37,653.12.
Speaking after the hearing HSE inspector Stephen Britton said:
“Luckily no one was injured as a result of this uncontrolled fire. Duty holders, particularly those who could be subject to a major incident, need to carry out robust planning to prevent and control major accidents. All engineering disciplines should be used, using outside assistance if needed. Here, there was a failure to recognise how a leak could develop into a larger problem.”
Company fined after failing to comply with enforcement action
Hatchmere Park Ltd has been fined after failing to comply with enforcement safety notices.
On 12 March 2015, an HSE inspector visited the construction site at Falcon Park, Devon and observed serious health and safety failings.
Exeter Crown Court heard the HSE visited the site after being alerted of unsafe construction work taking place by the Local Authority, and noticed residents were being put at risk as some homes were at risk to falls taking place, with nearby walls creating drops of two to four and a half metres, with nothing in place to prevent falls from happening.
An investigation by the HSE and Torbay Council found multiple safety failings. There was overall a failure to take reasonable steps to manage the construction work without risk to the health and safety of both workers and residents.
The company failed to comply with improvement notices served by both the HSE and Torbay Council, relating to site security including the fencing, perimeter and signs that identify the construction site.
Hatchmere Park Ltd of Nottingham Road, Grantham, Lincolnshire has pleaded guilty to a total of eight charges laid by both HSE and Torbay Council for a failure to comply with the enforcement notices and for breaching Reg. 9(1) Construction (Design and Management) Regulations 2007.
The company also pleaded guilty to breaching Reg. 4(1) Construction (Design and Management) Regulations 2015.
The company has been fined a total of £90,000 and ordered to pay costs of £25,000.
Speaking after the hearing HSE inspector Helena Allum said:
“This company has a history of failing to comply with Health and Safety enforcement notices, in this case putting residents, some vulnerable, at risk of an accident, which was not acceptable. This case highlights the importance of properly managing construction work from the outset and demonstrates what can happen if companies fail to take action when issued with enforcement notices.”
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