Bulgarian firm fined for work at height
A Bulgarian construction firm has been fined after a member of the public reported unsafe working practices during the construction of an adventure course in Markeaton Park, Derby.
Derby Magistrates’ Court heard how a passing member of the public noticed work at height being carried out from a pallet on the forks of a telehandler at the site in Markeaton Park, where a high ropes adventure course was being constructed by Bulgarian based firm Walltopia.
The member of the public first reported this to the company but despite receiving assurances the matter would be dealt with, unsafe work at height continued. They then reported it to the HSE.
The investigation at the site found work was taking place on a section of roof 11 metres off the ground, without the use of any means to prevent two workers falling from the open edges. In addition, these workers were accessing the roof by climbing from the basket of a cherry picker.
Walltopia of Bulgaria Boulevard, Letnitsa, Bulgaria, was fined £500,000 and ordered to pay costs of £8,013.25 after pleading guilty to breaching Reg. 4(1) Work at Height Regulations 2005.
After the case, HSE Inspector Lee Greatorex said:
“Using a pallet on a telehandler for planned work at height is an unacceptable means of access. It appears that the company failed to put in place control measures after being alerted about this. Walltopia failed to follow recognised industry standards during work at height and did not make effective changes to the control of their working methods following the matter being brought to its attention. Work at height should always be sufficiently planned and managed to protect workers from being exposed to extreme risks from falls from height. In this case someone could have suffered significant injuries or death”.
Distillery blaze left 21-year-old worker engulfed in flames
A distillery in Oldbury has been fined after an employee was engulfed in flames in a fire that destroyed the warehouse and its contents.
Wolverhampton Crown Court heard how ethyl acetate (highly flammable liquid) was being transferred from a bulk storage tank into an intermediate bulk container when an employee was engulfed in flames. The 21-year-old sustained twenty percent burns to his head, neck and hands.
The fire, at the Alcohol Limited distillery on Crosswell road in Oldbury, destroyed the warehouse and caused damage to nearby cars and houses. West Mercia Fire and Rescue Service were called to bring the fire under control.
An investigation into the incident which occurred on 26 November 2012 found that the most likely source of ignition was a discharge of static electricity generated by the transfer of the liquid.
There was poor maintenance of pipework and associated valves. There was a failure to competently inspect the equipment or monitor the systems of work.
Alcohols Limited, of Charringtons House, The Causeway, Bishop’s Stortford, Hertfordshire, pleaded guilty to breaching ss2(1) and 3(1) HSWA 1974, and was fined £270,000 and ordered to pay costs of £25,009.
After the hearing HSE inspector Kieron Jones said:
“Companies that fail to ensure the integrity of their safety critical equipment place their employees, members of the public, emergency services and their entire livelihood at risk of serious harm. Poor
management of highly flammable liquids can have catastrophic results both for individuals and businesses.”
Manufacturing firm fined after worker’s arm injured in roller
A Wirral based company has been fined £170,000 after a worker’s arm was injured in machinery.
Warwick Crown Court heard how an installation engineer of Sovex Limited suffered a broken arm when it was pulled into machinery at the UK Mail site in Coventry, where he was commissioning a new conveyor belt system.
An investigation into the incident which occurred on 21 January 2016, found there was a lack of effective guarding and isolation procedures on the machinery.
Sovex Limited, of Prenton Business Park, Prenton Way, Prenton, Wirral, were found guilty of breaching s2(1) HSWA 1974, and was fined £170,000 with £24,000 costs.
Roofing firms fined after worker fell to his death
Two roofing companies and one of their directors have been fined after a worker fell to his death through a skylight.
Cardiff Crown Court heard how 46 year old Lance Davies, a father of seven, died after falling over seven metres through a roof light at industrial premises in the Crumlin area of South Wales.
An investigation into the incident which occurred on 15 December 2011 found that the work at height on the roof was not properly planned, managed or monitored. There were inadequate control measures in place to prevent a fall through the roof lights.
SPAN Roofing Contractors Limited, of Sunnyside Road North, Weston Super Mare, North Somerset, pleaded guilty to breaching Reg. 13(2) Construction (Design and Management) Regulations 2007, and was fined £65,000 and ordered to pay costs of £37,500.
B & T Roofing Solutions Limited, of Arthur Street, Ystrad, Pentre, pleaded guilty to breaching ss2(1) and 3(1) HSWA 1974, and was fined a total of £20,000.
Kristian Griffiths, of Arthur Street, Ystrad, Pentre, a director of B & T Roofing Solutions Ltd pleaded guilty to breaching ss2(1) and 3(1) HSWA by virtue of Section 37 HSWA 1974, and was given a 160 hours community service order.
B & T Roofing Solutions and Kristian Griffiths were ordered to pay costs of £32,500 between them.
Following the hearing, HSE Principal Inspector Paul Harvey said:
“Falls through fragile roof lights and roofs are one of the biggest causes of fatalities and serious injury in the construction industry. The issue is well known in the construction industry and there is plenty of guidance available. The tragic death of Mr Davies could easily have been avoided had the work been planned, managed and monitored effectively and simple and cost effective control measures put in place.”
Construction firm in court after worker fractures spine in roof fall
Construction firm Montway Ltd has been fined £144,000 after a worker was seriously injured when he fell off a roof during demolition work.
Southwark Crown Court heard that on 25 February 2013 two workers were working on the roof of a two storey detached house at 17 Basing Hill, Golders Green in London.
Romanian labourer Mr.IoanVancea fell from the partly demolished roof and suffered serious injuries. No scaffolding had been provided and the work was not being supervised.
Mr.Vancea fell some five metres from the roof to the ground and sustained a series of injuries including a fractured spine. He was in an induced coma for two weeks and remained in hospital for three months.
The site was inspected by the Health and Safety Executive (HSE) two weeks after the incident and unsupervised demolition work was still being carried out. A number of serious matters were identified including asbestos which had been removed from the house and was found in a pile by a neighbouring property’s hedge and in broken pieces mixed in with other debris. Enforcement Notices were immediately served to ensure workers and members of the public were protected.
Montway Limited of Batchworth House, Batchworth Place, Church Street, Rickmansworth, Hertfordshire, WD3 1JE pleaded guilty to breaching s2(1) HSWA 1974 and was fined £144,000 and ordered to pay £43,606.15 in costs.
Montway Ltd originally pleaded not guilty, but changed their plea and sought a Newton Hearing to determine numerous issues it disputed. The Newton Hearing took place before District Judge Roscoe between 23-24 May 2016.
HSE inspector Andrew Verrall-Withers commented after the hearing:
“Mr.Vancea’s injuries were life changing and he could easily have been killed. This serious incident would have been avoided if scaffolding had been provided. MontwayLtd’s site documents even identified it was needed. Montway Ltd sought a Newton hearing so they could dispute numerous issues in front of a District Judge. They were unsuccessful and the Judge’s ruling confirmed she was satisfied that their approach towards the welfare of their employees was lax and casual, and it was their overall poor management of health and safety that directly led to this incident.”
Construction firm sentenced after worker falls down lift pit
Cardiff-based construction company, Jehu Project Services Ltd, has been sentenced after a worker was seriously injured falling down a lift pit.
The incident happened on 8 July 2015 at a construction site in Pontcanna, Cardiff. Stephen Harrison, a specialist drilling contractor, was employed by Jehu to help refurbish a 73-bed care home when he fell into the basement of a lift pit that was under construction.
Mr Harrison stepped onto the ground floor having been working off a tower scaffold, but stood on a loose concrete block causing him to fall backwards, head-first, into a skip full of rubble on the floor below.
A specialist Fire and Rescue team were nearby and after stabilising Mr Harrison, attached him to the hook of a tower crane and winched him out of the pit, over the site and into the carpark of a housing estate nearby where an ambulance was waiting.
Mr Harrison suffered shattered vertebrae, five broken ribs, a punctured lung and spent 18 days in hospital. He is still recovering and although not paralysed, his injuries were life-changing and he will not return to work.
HSE investigated the incident and found that Jehu had been using a system of lightweight barriers around the edges of the drop, along with bean bags at the bottom of the hole, but these were incompatible with all of the work that needed to be done by the different contractors and had been removed. Following the incident, all of the danger areas were fenced with scaffolding.
Newport Crown Court heard that there were numerous management failings associated with this project, which included a lack of effective site management and supervision, a construction plan that did not properly consider obvious working at height risks and a lack of an effective Temporary Works Management System.
Jehu Project Services Ltd pleaded guilty to breaching Construction (Design and Management) Regulations 2015, Reg. 13(1) and Work at Height Regulations 2005, Reg. 6(3) and was fined £143,000 and ordered to pay full costs of £15,029.30.
HSE Inspector Liam Osborne, who brought the case, said:
“Jehu had been given many warnings in the past by HSE about the lack of effective planning, managing and monitoring on their construction sites, as well as warnings about unsafe working at height. The court heard some really positive steps the company are now taking to put these matters right, including making substantial management changes. It is crucial that construction firms properly think through the risks involved before starting work, they then need to ensure there is a workable plan to iron-out or manage the resultant dangers. There is a clear hierarchy for managing work at height risks, site managers need to prevent it if possible and then provide suitable fixed barriers. Lower-order measures, such as soft-landing systems or the use of harnesses
should only be selected as a last resort and if it is safe and appropriate to do so”.
Engineering firm fined after worker suffers severe leg injuries
A company based in Milton Keynes has been fined for safety failings after a worker suffered serious injuries to his leg.
Aylesbury Crown Court heard how workers at GEA Mechanical Engineering Limited (GEA) were attempting to lift a 900kg decanter scroll back into its mobile trailer, following a service in the workshop. Struggling to manoeuver it far enough into the trailer, they asked an employee from the office staff to assist them.
Ralph Jago, aged 47, a technical support supervisor, went to their aid but during an attempt to lift the decanter, it slid forward trapping Mr Jago’s right leg against metal racking and badly breaking it. He was trapped for an hour and a half before fire and rescue services were able to free him. He suffered serious fractures to his right leg requiring metal rods and pins to be inserted.
An into the incident which occurred on 29 January 2015 found that the company failed to ensure staff were suitably trained and competent to plan and carry out a lift of this complexity.
GEA Mechanical Equipment (UK) Limited, of Westfalia House, Wolverton Road, Old Wolverton, Milton Keynes, pleaded guilty to breaching s2(1) HSWA 1974, and was fined £75,000 and ordered to pay costs of £15,831.
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