New sentencing guidelines introduced for corporate manslaughter, health and safety and food safety

New sentencing guidelines published on 3 November aim to ensure a consistent, fair and proportionate approach to sentencing organisations or individuals convicted of corporate manslaughter, health and safety and food safety and hygiene offences. 

Offences that come under the guidelines are very varied and could include a building firm that causes the death of an employee by not providing the proper equipment for working at height, a restaurant that causes an outbreak of e. coli poisoning through unsafe food preparation, a manufacturer that causes injury to a new worker by not providing training for operating machinery or a gas fitter whose sub-standard work leads to the risk of an explosion in someone’s home.

 In a statement, the Sentencing  Council said: "Corporate manslaughter always involves at least one death, but health and safety offences can vary hugely; they may pose the risk of minor harm or lead to multiple fatalities. Food offences are also wide ranging. They could involve poor hygiene or preparation standards in a restaurant kitchen that put customers at risk of illness or that cause fatal food poisoning. 

"The sentencing ranges also take into account how culpable the offender was. This could range from minor failings in procedures to deliberately dangerous acts. While prison sentences are available for individuals convicted of very serious offences, most offences are committed by organisations and therefore fines are the only sentence that can be given.

"The guidelines use the turnover of the offender to identify the starting point of the fine. Turnover is used as this is a clear indicator that can be easily assessed."

CRS says “make sure you understand your legal requirements and don’t let this happen to you and your organisation” – IOSH Directing Safely

Sheffield metals firm fined £160K plus £72K costs after worker killed by suspended load

A company who specialise in metal and alloy products has been fined after a worker was killed when he was struck by a load on a moving crane. Sheffield Magistrates’ Court heard how an employee of ATI Speciality Materials Limited, Sheffield, was assisting in the moving of a crucible from a re-melt furnace.

The crucible had been lifted using an overhead crane and moved approximately ten yards to where Mr Nigel Hall (aged 47) loosened the bolts around the crucible. The crane operator waited for Mr Hall’s acknowledgment to proceed and lifted the crucible a couple of feet higher before pressing the southbound button.

The crane operator saw Mr Hall in the path of the crucible and shouted a warning while stopping the movement of the crane. The crane stopped but the load swung forward hitting Mr Hall on the right side of the head. He was taken to Northern General hospital where he was pronounced dead.

An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on 17 August 2011, at Atlas Works, Carlisle Street East, Sheffield, found that the company had not reviewed risk assessments and safe systems of work for nine years. Many employees who operated cranes had received no refresher training for between 6-10 years and the training programme for new starters was inadequate.

Speaking afterwards, Andrea, Nigel’s partner said: “The aftermath of Nigel dying was a terrible terrible time and I try to put it out of my mind but I can’t always, my biggest regret of it all is that the lovely extended family unit that we had has been shattered, Nigel was the glue that held everything together, and it proves that he was because it has all fallen apart now that he has gone. But I’m not going to give up, I am going to live my life because that is what he would have wanted me to do, when we were together we were a match we just fitted together and he would be really angry if I didn’t carry on.”

Wendy Hall, Nigel’s Mother said: “There is a big hole in our family now, Nigel was always the life and heart of our family gatherings and parties, we don’t have parties in the same way anymore because that heart is missing.”

HSE Inspector Carol Downes said: “This loss of life could have been entirely prevented. Employers have a duty to ensure safe systems of work are continually reviewed when there are significant changes in the way work is carried out. Working practices should be clear, safe and properly communicated to employees.”

ATI Speciality Materials Limited, of Cyclops Works President Way, Sheffield, was fined a total of £160,000, with costs of £72,321 after pleading guilty to offences under Section 2(1) of the Health and Safety at Work etc Act 1974 and Regulation 3(1) of the Management of Health and Safety at Work Regulations 2005.

Contact CRS for help with preparing risk assessments, and training workers. See us on the web at www.crsrisk.com or contact us for a no-obligation discussion on 01283 509175 or advice@crsrisk.com

Health & Safety Manager wins Resettlement Award

Lee Burden – Health & Safety Manager for Abellio Greater Anglia Rail was delighted to finally collect his Resettlement Award yesterday (17^th November) when he attended our NEBOSH National General Course being delivered by Andy Newborough at Marks Tey Hotel Nr. Colchester. Ros Stacey UK Sales Director arranged to meet Lee at Marks Tey Hotel to present the award to Lee in front of the class being taught, it was a real surprise for Lee as also attending this course was a colleague from Abellio Greater Anglia Rail, who had been told of the presentation but had not been given the name of the winner.
The Award was originally presented to Ros at a prestigious presentation evening sponsored by Nationwide Bank in honour of British Armed Forces Service Leavers who have now joined Civvy Street. The event was held at Hotel Football Manchester a couple of week ago. Ros said “it’s nice finally for me to hand over this award to the rightful owner who certainly deserves it”.
Ros nominated Lee on behalf of CRS for the award as she felt he met most closely the criteria the judges were looking for.

Contractor in court for putting workers lives at risk with poor site safety

A Manchester building contractor has been fined after unsafe excavations at a care home site put workers and members of the public at risk.
Brierstone Limited was issued with an immediate Prohibition Notice (PN) by an inspector from the Health and Safety Executive (HSE) stopping work being carried out within five meters of the excavations.
Trafford Magistrates’ Court heard that a visit had been made to the site adjacent to 3 Barke Street, Littleborough on the 9 September 2014 following a concern raised by a member of the public regarding unsupported excavations.
The HSE investigation found two large unsupported excavations on either side of the site. One adjacent to the car park of a public house and another next to domestic premises. Operatives were seen working in the direct vicinity of the unsupported faces, which were in excess of four metres deep. Small piles of debris at the bottom of the excavations suggested there had already been some movement.
Brierstone Ltd had failed to take steps to ensure that the excavations were adequately supported or battered back in order to prevent collapse and possible injury to the site workers.
Brierstone Ltd of Sterling house, Middleton Road, Chadderton, Manchester was fined £2,000 and ordered to pay costs of £1,190.97 after pleading guilty to a breach of Regulation 31(1) of the Construction (Design and Management) Regulations 2007.
Speaking after the hearing HSE Inspector Laura Moran said: “Before starting groundworks, contractors must ensure that the risks associated with the creation of excavations have been properly assessed, that a temporary works engineer has been appointed to design a suitable means of supporting any excavations, and the controls identified are implemented in order to prevent collapse.
“Putting workers lives at risk will not be tolerated and HSE will take action even where there is no injury.”
NEBOSH Certificate in Construction Health & Safety       CDM and Managing Contractors

CSCS Card Holders To Resit Tests

More than 6,000 skills card holders have been ordered to re-sit their health and safety tests by the Construction Industry Training Board (CITB), it has been announced.

The move comes after widespread cheating was discovered at test centres in a BBC London/Newsnight investigation.

Hidden camera filming exposed the systematic cheating which allowed untrained builders on to dangerous sites.

Five testing centres have now been closed and a further eight are under investigation. CCTV is also being installed in all test centres, while stop checks are to be stepped up.

Carl Rhymer, Director of Delivery and Customer Engagment for CITB, said: "Following analysis of how the test was answered, using known testing patterns and geographical factors, we will require 6,000 individuals to be retested. Many of these are expected to be legitimate, but this is to eliminate any doubt."

CRS pick up an award at the Nationwide Resettlement Awards 2015 – Hotel Football, Manchester

Ros Stacey CRS UK Sales Director attended the inaugural Nationwide Resettlement Awards held in Manchester last night (4^th November). The Nationwide Resettlement Awards were held to celebrate excellence and achievement in the field of military resettlement. The transition from life in the military to that in ‘civvy street’ can be a challenging one. Those leaving the Army, Navy or RAF have a number of difficult decisions to make and considerations to ponder prior to their exit from the Forces.
The evenings host was Bill Turnbull and an address was made by Colonel Andy Dears MBE, The Defence Lead on Resettlement.
11 Awards were presented during the evening and Ros collected the ‘Service Leaver Trainee of the Year 2015’ on behalf of Mr Lee Burden  who has attended no less than 4 CRS courses and is currently studying for  CMIOSH via the NVQ Level 5 Diploma in Occupation Health & Safety Practice. Ros nominated Lee after she felt he had more than met the criteria for the award.

Health and safety statistics 2014/15

The  latest statistics on work-related health and safety in Great Britain and includes the following key annual figures (2014/15):

•     1.2 million working people suffering from a work-related illness.
•     2,538 mesothelioma deaths due to past asbestos exposures (2013).
•     142 workers killed at work.
•     76,000 other injuries to employees reported under RIDDOR.
•     611,000 injuries at work from the Labour Force Survey.
•     27.3 million working days lost due to work-related illness and workplace injury.
•     £14.3 billion estimated cost of injuries and ill health from current working conditions (2013/14).

CRS says “limit the losses to your organisation and ensure that 2016 is the year that you check your training matrix and make that ‘New Year’s Resolution’ that every employee receives some Health & Safety Training in 2016, together we can and should reduce these statistics”.