Brothers given custodial sentence for exposing workers to asbestos

Two Stoke-on-Trent brothers with little or no experience of building and construction work have been given prison sentences after they exposed workers to asbestos. At least seven workers are known to have been exposed to asbestos – one aged just 17 at the time – by Akram Hussain, 52, of City Road, and Inam Hussain, 47, of Boughey Road, during refurbishment work at a former print works on Scotia Road, Burslem, since February 2012.
Stafford Crown Court was told recently (20 August 2014) that neither was qualified or experienced in construction, demolition or refurbishment work; nor were they licensed to remove asbestos. Akram Hussain is a snooker hall manager and Inam Hussain a taxi driver, although they have been carrying out the work on the building for around ten years.
The Health and Safety Executive (HSE) prosecuted the brothers after an investigation found work was being carried out without the necessary asbestos surveys and without a Construction, Design and Management Co-ordinator (CDM) in place, which is required if work is to take more than 30 days. Despite repeated visits from HSE inspectors and numerous enforcement notices warning them of their failings, the brothers continued to refurbish the building and disturb asbestos material – putting workers at risk.
A Prohibition Notice was issued on 17 February 2012 stopping all work with, or liable to disturb, asbestos. A ‘Direction to Leave Undisturbed’ was also issued for the building until HSE had provided written confirmation that work could continue. However, several lorry-loads of waste contaminated with asbestos were removed from the site and taken to an unlicensed waste disposal site in Stoke-on-Trent.  Workers were also witnessed exiting the site covered in dust and not wearing the correct protective clothing. A further Prohibition Notice and an Improvement Notice were served on Akram Hussain on 25 February 2012 when inspectors again found work being carried out without an asbestos survey or a CDM. A separate Prohibition Notice was also served on Inam Hussain on 18 May 2012 for the non-licensed removal of the asbestos from the building. An Improvement Notice was served at the same time for the ongoing failure to appoint a CDM. An asbestos survey was later carried out, but work inside the building continued to disturb materials containing asbestos.
The court heard that HSE is aware of at least seven workers being exposed to asbestos in the building. Many more could have been exposed during the course of the refurbishment project.
Akram Hussain and Inam Hussain both pleaded guilty to breaching section 3(2) of the Health and Safety at Work etc Act 1974. Akram Hussain was given a custodial sentence of 22 weeks and ordered to pay costs of £43,000. Inam Hussain was given a custodial sentence of 14 weeks.
Speaking after the hearing, HSE inspector Lindsay Hope said: “The Hussains have shown a willful disregard for the health and safety of workers and others. Our investigation uncovered a catalogue of serious errors, safety failings and a disregard of the laws around the safe and correct removal of asbestos. This was an appalling case of failing to properly plan, manage and resource this project, which led to workers being exposed to risks to their health from asbestos. It is essential at the outset of a building refurbishment to first seek specialist advice regarding the possible presence of asbestos within that building. Only with the full knowledge of what is present, or not, can any asbestos then be dealt with safely. Failure to identify and deal with any asbestos can lead to it being damaged and people then breathing in the fibres. The Hussains failed in their duty by choosing to ignore the dangers of this hidden killer.”
Karen Fryer, Head of Consulting at CRS said “This is another example of companies needing proper, competent health and safety advice.  The Hussains were unwilling and unaware of their legal obligations.  Construction is a specialist matter, and with proper advice these worker exposures, and their prison sentences, were avoidable.  Our SafetyShare service provides access to a qualified construction health and safety adviser’s services.  As many or as few days service each year as needed – you simply use as much as you need for a low fixed price”.

HSE Chair hits back on workplace wasp sting

HSE Chair Judith Hackitt says that some of the debates which take place on social media are fascinating - if not sometimes a little disturbing.
Writing recently (August 2014), she says that she came across a debate raging among health and safety professionals, not about major health and safety risks but about the right response to a wasp sting if it happens in the workplace. Someone somewhere had been stung while in the workplace and the work manager was demanding to see the risk assessment and wanted a full investigation into the incident. The originator of the debate had been tasked with conducting the investigation.
But what to investigate, she asks? How the wasp found its way into the workplace? How to prevent further wasp stings? Should there have been a risk assessment for wasps in the workplace? Should the incident be recorded in the accident log? Is there a need for safety signs saying "Beware of wasps"?!
It was shocking to see the number of contributors to the online debate who supported doing a risk assessment and conducting an investigation or trying to come up with measures to prevent a recurrence and so on. I hope most of you reading this share my view this would be a totally disproportionate response?
Now, there are a few people who can react very badly to wasp stings – they can trigger allergic reactions that can - in extremis - be fatal. Even so, after someone gets stung in the workplace surely the common sense approach is to check that the organisation’s first aid response was administered quickly and effectively? Is there anyone on the workforce known to have an allergic reaction? Simple follow up steps – no need for lengthy risk assessments and investigations.
Perhaps the most worrying thing in the debate was a general sense that too many senior managers’ knee jerk reaction to any incident, no matter how trivial, is to call for a "full investigation" – leaving the poor health and safety adviser having to explain to everyone why they are investigating a wasp sting!
What on earth is going on here, asks Judith? No one she says can seriously expect to be prosecuted because an employee was stung. It’s highly unlikely an employee would even pursue a civil claim against the employer. So why investigate? What is there to learn? Not a lot.
Judith says that it’s time for some leadership here and it should start with managers showing common sense and determining real incidents for concern and responding appropriately, and it’s time for health and safety advisers to be frank and tell their bosses when an "over the top" reaction is likely to do more harm than good.  Well said, Judith. All of us at CRS and Henderson Insurance Brokers Limited agree with you.

HSE confirms appointment of new chief executive

Dr Richard Judge has been appointed chief executive of Britain’s workplace health and safety regulator. He will start at the Health and Safety Executive in November 2014.
Commenting on the appointment, Judith Hackitt, HSE Chair, said: “I am delighted to welcome Richard as our new chief executive and look forward to working with him. His valuable, considerable experience in both the public and private sector is a perfect fit for HSE, enabling us to take forward our commercial agenda whilst also ensuring we can build on our standing as a world-class regulator of workplace health and safety.”
Richard Judge said: “This is a great opportunity to lead the executive of a renowned and respected regulator that will soon celebrate its 40th year. I look forward to working with my new HSE colleagues, and with everyone who has a stake in delivering further improvements in Britain’s health and safety performance.”
Richard is currently chief executive of the Insolvency Service. Prior to this he had a varied career in science and technology organisations spanning the nuclear, rail and environmental sectors. Richard has a professional background as a Chartered Engineer (Fellow of the Institution of Mechanical Engineers), and is qualified as a Chartered Director.
He will take over from Kevin Myers, who has been acting chief executive since August 2013, when Geoffrey Podger stepped down after eight years in the role.
Stephen Asbury, MD of Corporate Risk Systems Limited (CRS) said “Dr Judge joins a line of HSE chief executives who have delivered excellent results on minimal budgets.  Worker fatalities in the UK are at an all-time low, and all of us at CRS and Henderson Insurance Brokers Limited wish him ‘all the best’ as he continues this journey”.

Building firm director in court over health risk

The director of a Stockport-based building firm has been personally prosecuted and fined after the health of workers was put at risk for more than three months. Roland Couzens, 67, from Macclesfield, was prosecuted by the Health and Safety Executive (HSE) after it emerged bricklayers, plasterers and a roofer could have suffered skin burns or lead poisoning as there was no hot water to wash off dust and contaminants.
Trafford Magistrates’ Court heard recently (22 August 2014) that Mr Couzens, a director at CSC Construction Ltd, had been overseeing a project to refurbish a row of Victorian terraced houses on Ashton Old Road in Openshaw between May and September 2013. The company, which has since gone into administration, had been stripping the houses bare before plastering them and fitting them with new kitchens and bathrooms.
HSE carried out an inspection of the site on 4 September 2013 and found that one of the vacant properties was being used for the site office and to provide welfare facilities for the workers. However, there was no hot or warm water supply in either the kitchen or bathroom. The court was told that bricklayers and plasterers were put at risk of suffering skin burns as they were working with cement and plaster but could not use hot water to clean themselves. A roofer working with lead could also have suffered lead poisoning from residues on his skin. Mr Couzens admitted to visiting the site several times a week during the project but failing to provide a hot water supply until after the HSE inspection, despite the need for hot water being highlighted in the company’s construction plan.
Roland Couzens, of Sugar Lane in Rushton Spencer, near Macclesfield, was fined £2,000 and ordered to pay £3,102 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Matt Greenly said: “There were around a dozen people working on the site every day so it’s astonishing that they were without hot water for more than three months. Mr Couzens was brought in to oversee the project, including the health and safety of workers, but he failed to ensure this basic legal requirement was met. The houses were taken back to brick before being completely renovated so there were large amounts of dust, as well as the risk of workers suffering skin burns or lead poisoning from the components in the building materials. This case should act as a warning to companies and directors that we will not hesitate to prosecute if they do not act to ensure the health and safety of their employees.”
Karen Fryer, Head of Consulting at CRS said “This is just another example of companies needing competent health and safety advice.  Poorly informed directors leave themselves wide-open to prosecution when workers are injured or their health harmed.  Our SafetyShare service provides such access to a qualified health and safety adviser’s services.  Take as many or as few days service each year as needed – you simply use as much as you need for a low fixed price”.

Timber firm fined after worker crushed by tree

A Herefordshire timber firm has been fined after a worker was crushed against a machine by a tree trunk. 

The 24-year-old forestry operator, who has asked not to be named, fractured his hip and damaged a knee in the incident at Westhide Wood on 24 August 2012. 

He was hospitalised for two weeks, and has had to seek alternative employment in another industry because he can no longer do manual work. He is also no longer playing sport at the level he used to. 

Hereford Magistrates’ Court heard, that he was one of a two-man team working for Leominster-based Chalford Timber Ltd. One was using a large forestry vehicle called a forwarder to crane trees into position to enable the injured worker to chainsaw the trunks into three-metre lengths. 

One tree became tangled in the branches of another as it was being moved and when it broke free hit him, forcing him against the machine. 

An investigation by the Health and Safety Executive (HSE) found the company had not followed established industry procedures to ensure no-one was within the “risk zone” of the machine while it was in operation. The operator of the machine should have ensured that the man on the ground was clear of the designated working zone, in a safe area and in view. 

Chalford Timber Ltd, of  Nordan, Leominster, Herefordshire, was fined £8,000 and ordered to pay £16,335 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. IOSH Managing Safely

Rolls Royce Employee is the winner…

CRS are pleased to announce that the winner of the Two Free tickets to the next Mighty Mini Championship races to be held at Castle Combe on Bank Holiday Monday (25th August) is Rolls Royce employee Steve Locker – HSE Advisor. When Steve was contacted by Ros Stacey CRS Sales Director he said “I always read the CRS enews and enter the competitions, but you never really expect to win, so this is great”. Steve also went on to say he has already met Team CRS and our driver Caroline at the HSE Expo held at the NEC Birmingham back in 2012 where CRS was an exhibitor. Steve was actually second out of the prize draw as Steve Biddle from the Road Haulage Association was unable accept the tickets due to other commitments and asked us to draw the winner again. Ros went on to say “we had lots of entries and of course the answer to the Question ‘CRS introduced a mission statement two years ago, what is their mission statement’? was “Excellence in everything we do – Exceeding expectations at every opportunity”. Thanks to everyone who entered and better luck next time.
I am sure we will have a full report on Steve’s day at Castle Combe in our next enews.

Mighty Mini and Team CRS go International!!

A unexpected and unplanned trip saw Team CRS exhibit at the International Mini Meet (IMM) 2014 at the Kent showground, the CRS racing car was seen by thousands of people from all over Europe the show celebrated all things Mini and its 55th Birthday.
Racing footage including interviews with Team CRS driver Caroline Gilbert was displayed on the big screen and used as a backdrop to the live bands on all 4 nights. Don’t forget you can get to see the Mighty Mini on Monday 25^th August (Bank Holiday) at Castle Combe, Wiltshire where Team CRS and Caroline will be taking part in the Mighty Mini racing as part of the Championship. We will be announcing our winner of the Two FREE tickets later this week, keep a look out in your ‘In Box’, it might be you!!

Ladder Exchange

People and businesses across the UK will again be given the chance to trade their old ladders in for discounted new ones this year, with the Ladder Exchange 2014 from September 1st.

Run by industry body the Ladder Association and supported by the Health & Safety Executive’s Working Well Together (WWT) campaign, the Ladder Exchange takes old, potentially dangerous ladders out of circulation by offering people a real incentive to upgrade. The 2014 scheme will run from September 1st until the end of the year.

The Ladder Association’s Chairman, Cameron Clow, said: "This is our third year running the Ladder Exchange, which has been an excellent means of getting out the ladder safety message while helping people in a practical way. Thousands of ladders were traded in last year, saving a lot of people and businesses money and hopefully a few people’s lives.”

This year’s Exchange will also come with expert tips for checking the condition of ladders and using them in the home, a look at the experiences people have had with unsafe ladder use, and a particular focus on the benefits of training for people working with ladders.

All of these tips and information will be available from the Ladder Exchange website (ladderexchange.org.uk).

England’s Recycling Rate Still Stagnating, Defra Figures Show

The annual rate of recycling of “waste from households” in England was 44.2 percent in 2013 remaining relatively stagnant on the previous year with just a slight increase from 44.1 percent in 2012, according to provisional figures released by Defra on the 7 August 2014. 
The quarterly rate of recycling of waste from households reached 42.7 percent in October to December 2013, increasing from 41.5 percent in the same quarter in 2012. Figure also show that total waste from households dropped 1.8 percent to 21.6m tonnes in 2013, amounting to 403 kg per person. Local authority managed waste to landfill and incineration fell by 5.2 percent in 2013. The annual rate of waste from households recycling was at 44.2 percent increasing from 44.1 percent in the year to December 2013. It is up by 3.0 percentage points since the 2010 calendar year.
Household Recycling
Over 40 percent of recycling of waste from households was organic waste comprising of separately collected food waste and other organics such as garden waste. Separately collected food waste increased by 18.7 percent in 2013 while other organic waste (mainly garden waste) dropped by 6.0 percent. Dry recycling increased by 0.4 percent in 2013. The quarterly rate of recycling of waste from households reached 42.7 percent in October to December 2013, increasing from 41.5 percent in the same quarter in 2012. A total of 5.7 m tonnes of dry recycling came from households in the 12 months to December 2013.
Paper and card made up about 42 percent of dry recycling with glass contributing to a further 19 percent. Scrap metals, including waste electrical and electronic equipment (WEEE), made up almost eight percent of dry recycling. Plastic recycling has gradually increased and was 11.9 percent higher than 2012, while recycling of paper and card has fallen by 4.2 per cent.
The annual rate of dry recycling of waste from households continues to increase gradually, rising from 29.9 percent in 2010 to 32.0 percent in 2013.

Waste Falling “Slowly”
Total waste from households is falling slowly, according to Defra, being 1.8 percent lower in 2013 at 21.6m tonnes, amounting to 403 kg per person.
The annual rate of disposal of waste from households to landfill and incineration was 45.5 percent in the year to December 2013, declining from 54.5 percent over the 2010 calendar year. Over the year to December 2013, 7.1m tonnes of waste from households went to landfill and 2.7m tonnes to incineration.
Local Authority Managed Waste
Local authority managed waste is a combination of waste from households and waste from streets, parks and grounds and some commercial and industrial waste. The local authority recycling rate was 42.3 percent in 2013, amounting to 10.6 million tonnes. Local authority managed waste to landfill and incineration fell by 5.2 percent in the 2013. Local authority managed waste disposed to landfill has fallen steadily since 2010 and was almost 30 per cent lower in 2013 than in 2010.Local authority managed waste going for incineration increased by 3.1 percent in 2013. It was 29 percent higher in 2013 than in 2010. Local authority managed waste recovered from landfill and incineration (excluding recycling and reuse) rose by 20 per cent in 2013. This includes changes in stocks and process loss.
The total amount of waste managed by local authorities fell by 1.3 percent to 25m tonnes in 2013, although there was a small rise in October to December 2013 when compared to October to December 2012.
Free CRS Environmental Event to cover new changes to Waste Legislation in 2015
We are holding another FREE Seminar at Sahara Force India F1, Silverstone in September all about the New Government Environmental Legislation:

• Carbon Reduction
• Waste (England & Wales) Regulation 2011
• Changes to ISO 14001
• Reduction of Waste by 2020

As the first deadline comes into force in January 2015 now is a good time to ensure you and your organisation and fully prepared. Richard Ball our Head of Environment will be presenting the seminar which promises to be full of information and advice on how you can ensure that you and your organisation are ready for 2015. For more information contact ros.stacey@crsrisk.com
Source: CIWM

Stoke on Trent cleaning company fined for risky roof work

A Stoke-on-Trent company, which uses jet washers to clean roof tiles, has been fined after a worker was spotted on a roof without any falls protection in place. A member of the public spotted a man standing on the pitched roof of a domestic property in Cheddleton, Staffordshire, while carrying out the cleaning work on 25 October 2013. The member of the public took photos of the work taking place and contacted the Health and Safety Executive (HSE) who carried out an investigation.
Stafford Magistrates’ Court heard that an inspector from HSE’s Stoke office followed up the member of the public’s report and found that Roof Right UK Ltd routinely arranged for such work to take place without any suitable falls protection being in place. A Prohibition Notice was issued to Roof Right UK Ltd preventing them from carrying out further work unless suitable controls such as scaffolding were provided.
Roof Right UK Ltd of Festival Park, Stoke-on-Trent, were found guilty in their absence to breaching Regulation 3(1)(b) of the Management of Health and Safety at Work Regulations 1999, and Regulation 4(1) of the Work at Height Regulations 2005. They were fined £10,000 and were ordered to pay costs of £1,277.
Speaking after the hearing, HSE inspector Andrew Bowker said: “I would like to thank the member of the public for bringing this matter to our attention as they have undoubtedly prevented a serious injury. It is staggering to me that a company operating in 2013 thought that it was acceptable to allow workers onto pitched property roofs to carry out jet washing work without providing scaffolding or other suitable falls protection measures. Roof Right UK Ltd put workers’ lives in danger by allowing them onto a slippery roof without suitable safety measures being in place. They failed to recognise their responsibility to ensure that work at height carried out under their control was done safely.”
Karen Fryer, Head of Consulting at CRS said “This is just another example of companies needing proper, competent health and safety advice.  This is a sensible legal requirement, and will almost always result in fines and punishments when not provided.  It’s often a tip-off from a member of the public as was the case here leads Health and Safety Executive to visit a company.  Our SafetyShare service provides access to a qualified health and safety adviser’s services.  As many or as few days service each year as needed – you simply use as much as you need for a low fixed price”.

ISO 45001 OHS-MS draft for comment has now been published

We’re pleased to let you know that the draft international standard for occupational safety and health management system requirements (ISO 45001) has now reached the ‘Committee Draft’ stage. CRS has a copy of the draft, and will be pleased to share this for your review and comment. Please request your copy from advice@crsrisk.com and share your comments with us. We’ll consolidate these and share with our professional body, IOSH.
IOSH is a member of the PC 283 Work Group. This draft document will likely be subject to change as a result of this consultation, and ISO has stipulated that distribution for comment should be on a limited basis only. So we’re only offering this on the basis that you do not circulate it further. If you’d like your feedback to be considered for inclusion in the IOSH response, please return it to us by 12 September 2014.
CRS is an HSE management systems expert, and ready to assist clients to develop and implement certifiable health and safety (and environmental) management systems. Contact us for more details.

Hartlepool directors and two firms fined for potential asbestos risk

A Hartlepool firm and two of its directors have been fined along with a second company after redundant steel work was removed, putting workers at risk of exposure to asbestos. Baxketh Ltd, a metal-recycling business, agreed to remove the steel work from the premises of UK Tankcleaning Services Ltd in New Road, Billingham, on the basis that Baxketh Ltd would take the value of the scrap metal as payment for the work. However, the steel included several pipe work systems covered in lagging containing potentially-dangerous asbestos fibres, which were removed by workers without the firm putting any measures in place to prevent the spread of asbestos fibres.
The Health and Safety Executive (HSE) told Teesside Magistrates’ Court that inspectors visited the site on 22 February 2013 following a complaint from a worker at a neighbouring premises and a joint investigation was carried out by HSE’s Construction Division and Hazardous Installation Division. Inspectors saw Baxketh Ltd directors Michael Almond Senior and Michael Almond Junior on the site, with a significant amount of pipe work and damaged insulation scattered on the ground. Almond Jnr was operating a mechanical excavator with a grab to move steel work from the ground into a skip.
A Prohibition Notice was served on Baxketh Ltd to prevent further work. An Improvement Notice was also served on UK Tankcleaning Services Ltd that required it to carry out an asbestos survey and develop a system to ensure the results were shared with those likely to disturb any asbestos. Tests carried out by HSE later confirmed that the insulation debris found lying on the ground did contain asbestos. The court was told that Michael Almond Senior had negotiated the arrangement to remove the steel work with the site manager. The court heard that UK Tankcleaning Services Ltd failed to ensure information about location and condition of asbestos materials was provided to those liable to disturb it.
Baxketh Ltd had conducted the work without carrying out the necessary assessment to determine whether asbestos was present and had failed to take any measures to prevent the spread of asbestos fibres. The personal involvement of both directors meant they too had been prosecuted as individuals.
The work carried out by Baxketh Ltd meant asbestos debris was scattered over the working area, which exposed workers there and on neighbouring sites to a potential risk to their health. UK Tankcleaning Services Ltd had to have the site environmentally cleaned.
Baxketh Ltd, of Burn Road, Hartlepool, was fined a total of £12,000 and ordered to pay £3,804.20 in costs after pleading guilty to breaching Regulations 5(a) and 16 of the Control of Asbestos Regulations 2012.
UK Tankcleaning Services Ltd, of Lodge Lane, Doncaster, was fined £10,000 with £2,243.40 costs after pleading guilty to breaching Regulation 4 of the same legislation.
Michael Joseph Almond Snr, 73, of Westbourne Road, Hartlepool was fined £1,000 and ordered to pay £204.80 in costs after pleading guilty to breaching Regulation 5(a) of the same legislation.
Michael Vincent Almond Jnr, 47, of Plymouth Walk, Hartlepool was fined £650 after pleading guilty to breaching Regulation 16 of the same legislation. There was no order for costs against Mr Almond Jnr.
Speaking after the case HSE Inspector Julian Nettleton said: “Asbestos is the single greatest cause of work-related deaths in the UK and there is a lot of industry in the Teesside area that still uses, or occupies premises that have old chemical processing plant dating back to the 60’s. Almost all of it was lagged with asbestos in those days. Site operators and contractors working at these sites should always assume that old pipework is lagged with asbestos unless there is reliable evidence that says otherwise. Those involved in the construction and refurbishment industry also have a clear duty to ensure that work is managed so as to prevent the spread of asbestos. This incident occurred because UK Tankcleaning Services Ltd’s asbestos management systems did not include anything relating to informing others of the presence of asbestos on the site. Baxketh failed to carry out an asbestos assessment before starting work and did not take any measures to prevent the spread of asbestos fibres. This put the directors themselves, their own employee and others working nearby at risk of exposure to asbestos fibres and the court agreed that both companies were equally culpable for the offences.”
Karen Fryer, Head of Consulting at CRS said “This is just another example of companies needing competent health and safety advice.  This is a sensible legal requirement, and will almost always result in fines and punishments when not provided.  It’s often a tip-off from an employee, a trade union, or a neighbour that leads Health and Safety Executive to visit a company.  Our SafetyShare service provides access to a qualified health and safety adviser’s services.  As many or as few days service each year as needed – you simply use as much as you need for a low fixed price”.

Essex company in court after massive chemical spill

An Essex company has been fined after four of its chemical storage tanks failed and spilled 150 tonnes of hazardous material.

An industrial estate was evacuated and access roads closed as a result of the incident at Industrial Chemicals Limited (ICL) in Grays on 11 July 2013, although thankfully nobody was harmed.

The firm was prosecuted on 1^st August 2014  by the Health and Safety Executive (HSE) after an investigation found it failed to manage, inspect and maintain the tanks in question.

Basildon Crown Court heard the incident occurred at Titan Works on Hogg Lane when a glass reinforced plastic (GRP) tank catastrophically failed, releasing its contents of 66 tonnes of aluminium chloride.

This caused chemical spills from a further three tanks that were damaged by the first spillage, releasing a further 32 tonnes of aluminium chloride and 52 tonnes of hydrochloric acid.

During HSE’s investigation, ICL was unable to demonstrate that the tanks were being operated within their design lives, or were being suitably inspected and maintained to ensure they were fit for continued use. Five Prohibition Notices were served preventing the use of the remaining GRP tanks on site.

On 16 July 2013, a further inspection was made of the company’s metallic storage vessels by HSE’s mechanical engineering specialists, and a further ten Prohibition Notices were served for the same reasons.

Industrial Chemicals Limited, of Titan Works, Hogg Lane, Grays, was fined £50,000 and ordered to pay £14,231 in costs after pleading guilty to a single breach of the Health and Safety at Work etc Act 1974.

NEBOSH National General Certificate in Occupational Health & Safety

Nottingham timber firm in court over worker's forklift truck injuries

A timber company has been fined after an employee was run over by a forklift truck. Nottingham Magistrates’ Court heard that James Abrahams was walking alongside the forklift to steady a pallet of fencing being transported at Jon Walker Timber Product Ltd’s yard at Mansfield Lane, Calverton, when the incident happened on 30 July 2012. He suffered leg fractures, broken and dislocated toes and deep grazing. Mr Abrahams, 21, of Calverton was hospitalised for 12 days and unable to work for a number of months. He has not returned to the company.
A Health and Safety Executive (HSE) investigation found a number of failings at the company. There was no safe system of work for transporting pallets through the yard. A risk assessment was not carried out and employees had not been provided with adequate training, information or instruction. Pedestrians and vehicles should not have been working in such close proximity. The forklift driver’s licence had expired four months prior to the incident and forklifts were operated by other unlicensed drivers. The court heard that the firm had been issued with an Improvement Notice in 2001 for a lack of risk assessments, and written advice had previously been given by HSE on workplace transport issues, including forklift driver training.
Jon Walker Timber Products Ltd, of Bonington Road, Mapperley, pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. Act 1974 and Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999 and was fined £15,000 and ordered to pay £9,850 costs.
After the hearing HSE inspector Samantha Farrar said: “This incident could so easily have resulted in a fatality and was entirely preventable. It had become the usual procedure, when pallets were leaning or unstable, for employees to walk alongside forklift trucks to hold the loads steady. It was this unsafe practice that led to serious injury. Vehicles at work are a major cause of fatal and severe injuries with more than 5,000 incidents involving workplace transport every year. Providing a safe system of work based upon the findings of a suitable risk assessment and adequately training, informing and instructing of staff makes incidents such as this significantly less likely.”
Karen Fryer, Head of Consulting at CRS said “Companies need competent health and safety advice.  This is a sensible legal requirement, and will almost always result in fines and punishments when not provided.  It’s usally an accident that leads Health and Safety Executive to visit a company.  Our SafetyShare service provides access to a qualified health and safety adviser’s services.  As many or as few days service each year as needed – it’s like the gas, you simply use as much as you need for a low fixed price”.

Tata in court after worker’s serious burns

Tata Steel UK has been fined for safety failings after a worker received serious burns in a rush of hot gas at its plant in Scunthorpe.

Contract labourer Gary Jeans, 29, from Winteringham, was working with a colleague at the coke ovens in Dawes Lane on 10 October 2012. He had climbed up to a walkway above the oven top and was trying to unstick a valve needed for charging the oven by applying pressure with his foot onto the valve counterbalance.

However, his colleague, who was out of sight below started to charge the oven sending a rush of hot gas out of the top of the gas pipe toward him.

Mr Jeans suffered serious burns to his face, left arm and back and was unable to work several months.  He has since recovered and is back at work.

The Health and Safety Executive (HSE) investigated and prosecuted Tata Steel UK at Scunthorpe Magistrates’ Court for a breach of the Health and Safety at Work etc. Act 1974.

The court was told there had been a recognised issue of valves sticking and other operating problems of the coke ovens due to their age. A number of unapproved working practices had developed over time to get round operating problems such as the task Mr Jeans was attempting.

HSE found that Tata Steel had let the unapproved working practices go unchecked and had failed to recognise that they needed either stamping out as poor practice or regularising if approved.

The investigation identified that there was insufficient training and supervision for Mr Jeans and in just a few weeks, he had picked up some of the poor practices that had become customary on site. In addition, there was no safe system in place to ensure that the operator charging the oven only did so when he knew where the other man was.

NEBOSH Fire Safety & Risk Management