APRIL COURT REPORT 2019

tragic

IN APRIL NON COMPLIANCE COST THE UK:

  • TWO LIVES
  • NUMEROUS INJURIES
  • 72 MONTHS IMPRISONMENT
  • 500 HOURS COMMUNITY SERVICE
  • £971,441.80

 

WILL YOU BE NEXT?

 

Company director sentenced for unregistered gas work

A man in Milton Keynes completed two jobs whilst claiming to be gas safe registered, his van and t-shirt both displayed the Gas Safe logo but the court heard that he was not registered at the time.  After defects were reported with some works completed, Andrew Stevens was reported and subsequently found guilty of four offences under the Gas Safe Regulations 1998.

Sentencing: 4 x 18 month sentences (suspended for 2 years) along with being ordered to complete 300hrs of community service.

Cost: £15,0000

Date of Publication: 2nd April 2019 (Souce: HSE)

 

Pallet manufacturer sentenced after worker struck by fork lift truck

A worker in Cheshire was hit by a Fork Lift Truck whilst carrying a pallet across the workshop.  A HSE investigation found that insufficient segregation of the trucks and pedrestrians was to blame for the accident which left the worker with serious fractures to his leg and ankle requiring a number of months away from work.  Despite risk assessments being in place for the area in question, it was found that correct segregation controls were not highlighted.  This led to the company being found guilty of breaching sections 2 (1) and 3 (1) of the Health and Safety at work Act 1974.

Fine: £6,500

Cost: £7,362.52

Date of Publication: 2nd April 2019 (Souce: HSE)

 

Boat owner sentenced after death of diver

An Orkney diving trip guide has been found guilty of breaching Regulation 4 of the Diving at Work Regulations 1997 after his failure to plan, manage and conduct diving trips safely.  The court case came after a man, Roderick MacLean, who was diving with the accused, Shaun Geddes, failed to surface after diving for scallops.  Geddes failed to check for qualifications or medical certificates needed for divers and failed to create an appropiate risk assessment or communicate a plan with the diver, whose remains were found around 8 months later.

Sentence: 200 Hours Community Service

Date of Publication: 3rd April 2019 (Souce: HSE)

 

West Sussex company fined after worker suffers serious injuries

A company who were responsible for an employee that caught his hand in an unguarded machine were sentenced after an investigation found the machine had not been properly guarded in a number of years.  The worker was left with serious injuries with a thumb and three fingers broken in the accident and surjery was required to stablise his condition.  Thakeham Tiles Ltd, a West Sussex Concrete Wall Block company, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998.

Fine: £26,667

Cost: £3,560

Date of Publication: 3rd April 2019 (Souce: HSE)

 

Company fined after agency worker suffers arm injuries

A worker was pulled into a potato grading machine whilst cleaning potatos in a factory when the machine had not been iscolated.  The court heard the man was pulled in up to the shoulder before the machine was stopped.  The investigation found that there was no safe system of work in place to ensure that the machine was operated safely and could not start up inadvertently.  The inspector stated that the worker had sustained serious and potentially life changing injuries, but that the outcome could have been even worse than this, considering that staff using the machine had not been trained adequately.

Fine: £30,000

Cost: £6,000

Date of Publication: 5th April 2019 (Souce: HSE)

Construction company fined after two workers injured in fall from height

Two watford workers were injured after falling through a ceiling on a building side.  The court heard that 4 employees were developing new houses on the site when they were able to access a timber joisted floor.  Two of the workers were able to jump to safety but the remaining two workers fell through and sustained serious injuries.  The employees have not yet been well enough to return to work.  The evidence found that the floor had been inproperly supported and overloaded which led to the company being charged breaching Regulation 13 (1) of the Construction (Design and Management) Regulations 2015.

Fine: £16,500

Cost: £1236,60

Date of Publication: 8th April 2019 (Souce: HSE)

 

Company fined after boy falls from scaffolding

A Doncaster Construction firm have been charged after two young boys were able to get up onto a scaffolding installation owing to an insufficient ladder guard.  The court heard how the site was close to the boys school and the ladder guard was too thin, allowing the boys to climb the rungs with relative ease.  One of the school children had reached the highest ladder at a height of 10meters when the ladder slipped and he fell to the ground, sustaining life changing and permanant injuries, the boy now has no bladder or bowel control and is only able to walk short distances due to being unstable on his feet.  The HSE considered the measures in place were inadequate for a site so close to a school and ruled that the accident could have been prevented with proper controls in place.

Fine: £160,000

Cost: £22,310

Date of Publication: 12th April 2019 (Souce: HSE)

 

Tadcaster company fined after worker struck by telehandler load

A worker who was struck by a telehandler his colleague was driving in a potato processing company was left with a fractured leg due to insufficient measures to keep pedestrians and machines seperated.  An investigation found a large number od boxes had blocked the pedestrian route which led to the collision.  Braegate Produce Ltd of Mill Hill, Braegate Lane, Colton, Tadcaster pleaded guilty to breaching Regulation 4(1) of the Workplace (Health and Safety Welfare) Regulations 1991.

Fine: £50,000

Cost: £962

Date of Publication: 12th April 2019 (Souce: HSE)

 

Priory Healthcare fined £300,000 following death of 14-year-old patient

A 14 year old girl was able to ligature around her neck whilst in the care of a specialist provider, despite being known as having attempted the same act previously.  Amy El-Keria was rushed to hospital once found in her room in November 2012 but she had already suffered irreparable brain damage and multiple organ failure which led to the decision to withdraw life support, she passed away the following day.  The court heard that Amy had complex needs and was being looked after in a mental healthcare facility in the High Dependancy Unit following previous attempts to ligature at home.  The investigation found the East Sussex facility did not adequately control the risks and Amy’s death could have been prevented.  Priory Healthcare Ltd of London pleaded guilty to a breach under Section 3 (1) of the Health and Safety at Work etc. Act 1974.

Fine: £300,000

Cost: £65,801.38

Date of Publication: 17th April 2019 (Souce: HSE)

 

Contractor fined after worker falls through unprotected stairwell

A Maidstone construction firm have pleaded guilty to breaching of Regulation 4 (1) of the Working at Height Regulations 2005 after a sub-contractor slipped through an unprotected opening in the floor.  The court heard that the man was laying bricks for the second story of a new build near where an opening had been left for a stairway yet to be built.  The opening was completely unprotected so when the worker slipped he fell straight through, landing on his feet.  The mans left heel was shattered in the accident, requiring surgery to repair.

Fine: £17,333

Date of Publication: 24th April 2019 (Souce: HSE)

Contractor fined following illegal asbestos work

A contractor took on a garage conversion without the correct qualifications or licenses to work with asbestos a court heard.  The Oldham builder commenced removal of the asbestos on site without a proper assessment, fibres and debris were left on site which were tested on a site inspection which raised the alarm.  Following the discovery the site had to be sealed off to enable a licensed contractor to come in and clean the area and remove all remaining asbestos under controlled conditions.  The HSE reminded the court that asbestos is a Class 1 carcinogen responsible for around 5000 deaths per year, to reiterate the reasons the measures are required.  Mohammad Arshad of Broadway, of Chadderton, Oldham pleaded guilty to breaches of Regulation 11 (1) (a), Regulation 8 (1) and Regulation 16 of the Control of Asbestos Regulations 2012.

Fine: £1200

Cost: £1000

Date of Publication: 25th April 2019 (Souce: HSE)

 

Construction companies fined after employee receives electrical burns

A court heard how two subcontractors had been told that all electrical circuits on a demolition site had been iscolated.  Alan Banks tried to reassure a colleague by throwing a crowbar at the 400V equipment which had in fact not been iscolated, the contact caused a flashover with temperatures of several thousand degrees followed by an inevitable fire.  As a result, Mr Banks was immediately hospitalised with serious burn injuries.  The court heard that method statements agreed on by the two companies set out that all equipment must be treated as live until written authorisation was provided.  Russell Haigh and Stuart Haigh (Partners of R B Haighs & Sons) of Thaxted, Essex, pleaded guilty to breaching Regulation 3(1) of the Electricity at Work Regulations 1989.  AJ Wadhams & Co Limited trading as Wadham Homes of Charterhouse Street, London, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974

Fine: £80,000 each (£160,000 Total)

Cost: £3882.65 & £3816.60 (£7699.25)

Date of Publication: 26th April 2019 (Souce: HSE)

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