Haulage companies fined over £250K after driver paralysed

Two haulage companies have been sentenced for safety failings after an HGV driver was left paralysed from the chest down following an incident at a transport yard in Sandy, Bedfordshire. The 51-year-old man, from St Ives, Cambridgeshire, was crushed as he was closing the rear doors of his HGV when another lorry reversed into the area he was working in at the yard on Tyne Road, which was being rented by his employers H & M Distribution Ltd. The worker suffered life-changing injuries and will be unable to work again. As well as his paralysis, he suffered a brain injury which has affected his sight and has lost most of the use of his arms.

The incident was investigated by the Health and Safety Executive (HSE), which prosecuted H & M Distribution Ltd  and H E Payne Transport Ltd – the owners of the yard.

The court heard that before setting out on a delivery, the driver pulled his loaded HGV forward of the loading bay so he could close the rear doors. As he was doing so, a curtain-sided lorry reversed alongside the bay into the area he was working in, crushing him between the two vehicles.

HSE’s investigation revealed that despite both companies being road hauliers, there was no documented procedure for vehicle movements in the transport yard. An Improvement Notice was served on both companies requiring them to organise movements in the yard so pedestrians and vehicles could circulate in a safe manner, which was complied with.

H & M Distribution Ltd of Sankey Valley Industrial Estate, Newton-le-Willows, was fined a total of £150,000 and ordered to pay costs of £13,996 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974. H E Payne Transport Ltd of The Lane, Wyboston, Bedfordshire, was fined a total of £100,000 and ordered to pay costs of £13,996 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974.

After the case, HSE Inspector Emma Rowlands said: “This was a horrific and entirely preventable injury caused by the shared failure of both companies to recognise the hazards arising from loading operations at the transport yard and their duty to protect the people working there. Our investigation found that there was no documented procedure which allowed workplace transport and pedestrians to circulate the site in safety, and a dangerous lack of segregation between vehicles and workers on foot.  Tragically, as a result an employee is now paralysed for life.”

Henderson Insurance Brokers Limited are experts at placing insurance for motor vehicle fleets and transport hauliers, and our specialist consulting firm Corporate Risk Systems Limited provides advice and assistance to hauliers across the UK to prevent losses and injuries such as this one. Contact us for more information advice@crsrisk.com

Could you be our NVQ Candidate of the Year 2014 Award Winner?

Corporate Risks Systems Ltd (CRS) like to recognise the hard work our delegates undertake during attendance of our courses and the search is now on for nominations for our NVQ Candidate of the Year 2014 Award
Last year’s winner – Kathy Harrison  - was presented the Award  by Bev White, Business Manager for City & Guilds. Kathy a Health & Safety specialist currently employed by CooperVison Manufacturing UK in Hampshire said “The course took longer than I was expecting mainly down to the fact that my laptop failed and I lost all of my course work, which I did not back-up, (a big learning experience).” Kathy then went on to say “I spoke to Richard my assessor who encouraged me to carry on as he said I was more than capable of completing the course.” Kathy used the ‘Learning Assistant’ web based portal to submit her work to her assessor. She says “I had almost finished my course work when the new web-based portal system – Learning Assistant was introduced – I decided to opt into this system.  I found it very user friendly and it was much easier storing all my supporting evidence in this way, no more large heavy folders. The system made it much easier to be in contact with my assessor too. I sent an email direct via the portal system and he responded usually the same day”. Finally Kathy said “my overall experience has been a positive one and I am pleased for the support and encouragement given by CRS to help me further my career development”.
If you have recently completed your NVQ Level 3, 4 or 5  NVQ Level 5 Diploma with CRS then please contact your assessor who can nominate you for this award. If you are unable to contact your assessor then please contact Ros Stacey – UK Sales Director – rs@crsrisk.com

Construction firms fined £28K after two workers hurt in scaffold collapse

A house builder and a scaffolding company have been fined after two bricklayers were hurt falling from an unsafe scaffold. Lincoln Magistrates’ Court heard the two men, who have asked not to be named, were working for Persimmon Homes Ltd on a development site in Ploughman’s Lane, Bunkers Hill, Lincoln, when the incident happened on 4 April 2012. They were about to start work on a scaffold platform six metres from the ground, which had been loaded with materials. Just as they started work, the scaffold collapsed and they fell around two metres on to a platform below.

One of the bricklayers, a 62-year-old from Rossington, South Yorkshire, broke his left foot. He was unable to work for nine weeks. The second, 29, also of Rossington, bruised his neck and twisted his knee. He missed one day of work.

A Health and Safety Executive (HSE) investigation found The Cathedral Scaffold Company Ltd had constructed the scaffold to bridge a narrow gap between the gable ends of two neighbouring properties. However, the company did not build it to a recognised design, which would have incorporated standards to transfer loads to the ground. They wrongly believed they could not fit them and a four board-wide working platform, as required by Persimmon, into the gap. Instead they used a non-standard configuration of scaffolding but failed to carry out strength and stability calculations to ensure it was fit for purpose. The company issued a Handing Over certificate to Persimmon, setting out restrictions on the use of the scaffold. This identified it as a general purpose scaffold capable of supporting a specified distributed weight load, but because no strength or stability calculations were undertaken by either defendant, this distributed load could not be guaranteed. Persimmon subsequently overloaded the platform, causing it to collapse.

HSE found the weight of just one pack of dry blocks distributed evenly over the platform would have taken it over the load limit – even without the men, tools or mortar on the platform. It was likely that the actual loading could have increased the danger as the blocks were all stacked towards one side of the platform. Persimmon Homes Ltd, of Fulford, York, pleaded guilty to breaching Regulation 8(b)(i) of the Work at Height Regulations 2005 and was fined £8,000 and ordered to pay £10,426 costs.

The Cathedral Scaffold Company Ltd, of Dixon Way, Lincoln, pleaded guilty to breaching Regulation 8(b)(ii) of the same Regulations and was fined £4,000 with costs of £5,500.

Speaking after the hearing, HSE inspector Linda-Jane Rigby said: “Unless a scaffold is a basic configuration described in recognised guidance it should be designed by calculation, by a competent person, to ensure it will have adequate strength and suitability. The design information should describe the sequence and methods to be adopted when erecting, dismantling and altering the scaffold. That did not happen in this case. Persimmon accepted handover of the scaffold and subsequently overloaded it, causing it to collapse.”

Essex farming company fined £100K after trailer death

A Southminster farmers’ co-operative has been sentenced after a worker was killed when the tailgate of a hydraulic trailer fell and struck him across the neck. David Dow, 63, of Cedar Grove, Burnham-on-Crouch, had leaned into the back of a tipper trailer to talk to a colleague inside when the tailgate closed suddenly, causing him fatal crush injuries. His employer, Dengie Crops Ltd, which produces animal feeds, was prosecuted by the Health and Safety Executive (HSE) after an investigation found the procedure for fitting the tailgates was unsafe and the company did not have effective measures in place to manage health and safety at their premises.
Chelmsford Crown Court heard last week (w/c 21 July 2014) that on 1 May 2012, tailgate extensions were being fitted on three trailers to equip them to collect crops from the fields and deliver to site to be dried and processed. Mr Dow, who had worked for the firm for eight years, was not involved in the fitting of the tailgates, but had approached the third trailer to speak to colleagues who were carrying out the work. The trailer had just been fitted with its tailgate extension when Mr Dow leant into it to talk with a colleague who was checking the fitting from the inside. He was unaware that another worker in the tractor cab had just operated the controls to close the tailgate. The tailgate closed so quickly Mr Dow did not have time to react to the warning and duck out. He died at the scene from his injuries. The court was told that the fatal incident could easily have been avoided had barriers been in place around the trailer to prevent unauthorised access.
HSE found that not only had the company failed to devise and implement a safe system of work for fitting tailgate extensions, but a number of dangerous practices were happening routinely throughout the site. For instance, CCTV cameras filmed an employee standing on a stack of pallets to clean equipment in the vicinity of reversing lorries at around the same time as Mr Dow was fatally injured.
HSE served a number of enforcement notices on Dengie Crops Ltd to address the safety failings.
Magistrates heard the company had been prosecuted on three previous occasions for safety failings recently after an employee’s arm was amputated whilst cleaning a blockage in a crop drier, another suffered a broken arm when it became caught in a conveyor and a third suffered burns whilst operating the bagging plant. Dengie Crops Ltd, of Hall Road, Asheldham, Southminster, Essex, was fined a total of £100,000 and ordered to pay £28,437 in costs after pleading guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974, and regulation 5(1) of the Management of Health and Safety at Work Regulations 1999.
After the hearing, HSE Principal Inspector Vicky Fletcher said: “The tragic death of David Dow could easily have been avoided had Dengie Crops Ltd properly considered the risks associated with the installation of the tailgate extensions and put simple and low cost safety measures in place, such as safety barriers around the trailer during the work. This unsafe system of work went unchecked by a company that had failed to put in place robust arrangements for managing health and safety, despite having been prosecuted by HSE on three previous occasions. This incident should serve as a reminder that employers need to ensure they have adequate measures in place to manage health and safety at their workplace. In particular, they should always adequately assess the risk of non-routine operations to ensure suitable precautions are taken.”

Congratulations Neil your are our Delegate of the Month

Congratulations Neil you have been chosen as our Delegate of the Month.  Neil was nominated by CRS Tutor Andy Newborough whilst attending our  NEBOSH National General Certificate course in Colchester. Neil has just completed 26 years in the armed forces and decided to take resettlement and venture back into Civvy street. However when our Sales Director Ros Stacey caught up with Neil to let him know the good news that he had been selected as the Delegate of the month (August) it appears that Neil has gone back into the armed forces as a Reservist. Ros asked Neil how he found the course and the exams he said “ the course was well structured, and very informative, Andy delivered the course exceptionally well, he took time to explain the NEBOSH terminology  in normal ‘layman’s’ terms. Andy is a brilliant tutor”.
Neil went on to say “I found myself a bit daunted before the exams but once I sat down and looked at the exam paper, everything came back to me”. Neil now waits nervously for a few weeks before his results come through. We all wish Neil good luck, but should he fail any of the units he can come back FREE of charge under the terms of our Sure pass promise.
Neil is married to wife Odette and has two small children Erin who is 5 and Theo 2. Neil is currently busy renovating the family home which is taking up most of his spare time so little time now for hobbies.
Neil will now be entered into our Delegate of the Month prize draw which will take place in December and has the chance to win a £50 M&S voucher.
If you would like to be nominated for our next delegate of the month please contact your tutor or Ros Stacey rs@crsrisk.com.

Farm owner brother fined for contractor's serious injuries

Two brothers have been fined for breaking safety legislation after a contractor suffered serious brain injuries in a fall while carrying out building work at one of their farms. The contractor was installing a floor over a slurry lagoon in a new barn at Gwarllwyn Farm, near Llandysul on 12 June 2012 when the floor panel he and a workman were standing on gave way, plunging them into the lagoon four metres below.

The incident was investigated by the Health and Safety Executive (HSE) which prosecuted farm owners Andrew Evans and his brother, David Evans, at Aberystwyth Magistrates Court on Monday 21 July 2014.

The court heard the contractor was hired to create a cattle shed floor over an existing slurry lagoon. He erected concrete pillars in the slurry pit then put pre-formed concrete beams on top and laid concrete wall panels across the beams instead of panels specifically designed for flooring. These were to hold a slatted floor and cattle cubicles. As the contractor and another workman were standing on one of the panels, it gave way, plunging them into the lagoon. The contractor suffered a head injury and was hospitalised for two month and he is still undergoing rehabilitation. The workman escaped without injury.

HSE found the two farmers failed to make a crucial appointment of a construction and design co-ordinator who would have advised them on their responsibilities as a construction client and how to ensure the project was managed safely and without risk to health. The brothers also did not have a principal contractor so had assumed that role, giving them the responsibility for planning, managing and monitoring the health and safety aspects of the construction work. However, no design or construction plans existed and there were no risk assessments or agreed safe system of work. They also failed to check the contractor was suitably competent to do the work. The wall panels he used were unsuitable and the workmen he employed on site had no training or experience in construction. In addition, the brothers allowed the contractor to use an untrained crane driver, using a 25 tonne lift capacity crane that had not been thoroughly tested for ten years, despite this being an annual requirement. They also failed to supervise or monitor the construction work, which involved a great deal of working at height, so there were no suitable measures to prevent or mitigate any effects of a fall.

Andrew Evans, of Gwarllwyn Farm, Rhydlewis, Llandysul and David Evans of Esgair Tangwst, Rhydlewis each pleaded guilty to two breaches of the Construction (Design and Management) Regulations and were each fined a total of £9,000. Each was ordered to pay costs of £3,560.

HSE Inspector, Phil Nicolle, speaking after the hearing, said: “Farmers cannot ignore their legal duties for health and safety when arranging construction work on their farms. The contractor in this case suffered life-threatening injuries and has yet to make a full recovery. The Evans brothers were undertaking a major construction project and failed to make the crucial appointment of a Construction Design and Management Co-ordinator to advise them on their responsibilities and how to manage the project safely. They took on the responsibilities of a principal contractor for planning, managing and monitoring the health and safety aspects of the construction work, and in all these respects they failed significantly. If farmers use contractors for any work they simply cannot tell them what to do and let them get on with it. Both the client and the contractor have legal duties for health and safety that can’t be passed to each other by contract. This means they have to work with each other to make sure the job is done safely. Farmers must always question their contractors about their health and safety arrangements.”

Save the Date – Friday 12th September

CRS will be holding their third Environmental Seminar on Friday 12^th September  2014 at Sahara Force India F1 HQ, Silverstone.

With continuing changes in Government legislation:

Carbon Reduction Commitment CRC

Waste (England & Wales) Regulation 2011

Changes to ISO 14001

Reduction of Waste by 80% by 2020

If you are the Environmental Manager/Advisor for your organisation this seminar should not be missed with deadlines for compliance as early as January 2015

The seminar will be presented by Richard Ball -  Pg Dip BSc (Hons) DipSM MIEMA CMIOSH – Head of Environment at CRS and will cover many of the new items of government legislation which comes in to force from January 2015 and will give you an overview on how your organisations may be effected and how to implement the changes necessary to comply. The seminar will commence at 9.15a.m and finish approx. 12.30p.m after a buffet lunch. The seminar is free to attend but places are limited.

If you would like to attend please contact Ros Stacey – rs@crsrisk.com to get on the guest list.

Developer goes to prison after repeatedly flouting safety laws

A developer has been sent to prison for 30 months after repeatedly breaching prohibition notices which were put in place to ensure the safety of workers while redeveloping a former office block in Parkeston, Essex.

The Health and Safety Executive (HSE) visited the site on 28 February 2013 following complaints from local residents worried about debris falling from upper storeys and of the danger to workers being left without any protection from falling while working at height. NEBOSH Certificate in Construction Health & Safety

Eze Kinsley, the developer who was found to be in control of workers at the site, verbally abused the HSE Inspector who visited. The inspector had to return with Essex police officers later to serve prohibition notices requiring an immediate stop to unsafe work at the site. Mr Kinsley reacted strongly to this, physically assaulting the inspector.

After further reports that work had not stopped, HSE issued a further prohibition notice on 3 April 2013, which was breached within just one hour of being served.

Eze Kinsley, of Edgware, Middlesex, was today (18 July) prosecuted by the HSE at Chelmsford Crown Court for serious breaches of the Health and Safety at Work etc Act 1974.

HSE’s investigation found that there were no safety measures in place to prevent injury to workers from debris falling from height and that there was also a real risk of injury to members of the public using the road and pavement next to the Parkeston House site.

Eze Kinsley, of Burnt Oak Broadway, Edgware, Middlesex, was given a 30 months prison sentence after being found guilty of two breaches of section 3(2) of the Health and Safety at Work etc. Act 1974, to be served concurrently with three 12-month prison sentences after being found guilty of three counts of contravening a Prohibition Notice contrary to section 33(1)(g) of the same Act. He was also ordered to pay costs of £5,000.

Mr Kinsley was found guilty of assaulting an inspector from HSE at a separate court appearance.

After the case, HSE Inspector Jonathan Elven, said:

“Although no one was injured as a result of the woefully inadequate working practices this is nevertheless a serious case.

“The working conditions on this site were truly appalling with absolutely no provision for workers’ safety. In addition, the repeated breaching of prohibition notices – without any attempts to put right the reasons why work had been stopped – put workers and the general public at serious risk.

“Mr Kinsley refused to accept that he had a responsibility to make sure people who worked for him, and any member of the public living or working near his site, were not subjected to unnecessary risks – and vigorously and violently resisted all attempts to make him take actions to protect them.

“Putting safe working practices in place is often simple and inexpensive and, where this doesn’t happen, the costs, both financial and personal, can be immense.”

CRS are running their next NEBOSH Certificate in Construction Health & Safety week commencing 8^th September at York book here