Wednesday 30 November 2016

Four receive suspended jail sentences for health and safety failings



The director of a Port Talbot furniture factory and three of its managers have received suspended prison sentences for ongoing health and safety failings. 
Swansea Crown Court heard how the factory at Margam Hall Upholstery Limited in Henshaw Street, Port Talbot was included in the Health and Safety Executive’s (HSE) programme of visits to woodworking premises, which are considered a high risk industry because of dangerous machines and hazardous substances including wood dust and glues.
The visit highlighted a number of health and safety concerns at the factory in early 2015 including poor control of wood dust, no maintenance of work equipment including fume and dust extraction and noisy conditions. There were inadequate toilet and washing facilities. Ten Improvement Notices were served on the company in February 2015, and despite ongoing intervention by the HSE, there was little progress and conditions remained poor. Seven of the Improvement Notices were not complied with.
After the hearing, HSE Inspector Helen Turner said: “We always try to work with duty holders to help them understand their responsibilities and improve conditions but there is no excuse for people running a business not to know what health and safety standards apply to their work.
“When directors or managers who have the power to make the improvements blatantly disregard their workers’ health and safety we have no option but to prosecute.”
Judge Geraint Walters said: ““The operation the four of you were engaged in was nothing short of a ticking time bomb in relation to the health and safety of employees.”
Free guidance on managing the risks within the woodwork industry is available on HSE’s website: http://www.hse.gov.uk/woodworking/index.htm
The four defendants were previously in charge of Celtic-Leather and Fabric Upholstery Ltd at the same factory premises. This company was prosecuted by the Health and Safety Executive in 2015 for similar health and safety breaches.
Director Brian Baggs, of Mount View Terrace, Port Talbot pleaded guilty to breaching Section 37 of the Health and Safety at Work etc Act 1974, and was given a 10 month prison sentence suspended for 2 years and ordered to pay costs of £2,500. He was also disqualified from acting as a company Director for 5 years.
David Lewis, a shareholder and manager, of Manor Way, Briton Ferry pleaded guilty to breaching Section 37 of the Health and Safety at Work etc Act 1974, and was given a 10 month prison sentence suspended for 2 years and ordered to pay costs of £2,500. Although not a current director, he was also disqualified from acting as a company Director for 5 years.
His brother Matthew Lewis, also a shareholder and manager, of Ford Road, Velindre, Port Talbot, pleaded guilty to breaching Section 37 of the Health and Safety at Work etc. Act 1974, and was given a 10 month prison sentence suspended for 2 years and ordered to pay costs of £2,500. Although not a current director, he was also disqualified from acting as a company Director for 5 years.
Michael Ball, a shareholder and manager, of High Street, Ogmore Vale, Bridgend, pleaded guilty to breaching Section 37 of the Health and Safety at Work etc. Act 1974, and was given a 10 month prison sentence suspended for 2 years and ordered to pay costs of £2,500. Although not a current director, he was also disqualified from acting as a company Director for 5 years.

Tuesday 29 November 2016

Metal company fined after worker loses foot



A Bedfordshire metal company has been fined for safety breaches after a worker suffered severe leg injuries and lost most of his foot.
Luton Magistrates’ Court heard how 24 year-old Luke Simpson, who was an agency worker for the company, was injured when a trolley carrying metal stock fell on his legs causing severe injuries.
A bundle of 18 stainless steel bars weighing about 900kg was on a four wheeled trolley. The trolley was manually moved by Mr Simpson and another staff member but it tipped over and the bundle of bars fell off the top of the trolley trapping his leg and foot. He was rushed to hospital by the emergency services.
Mr Simpson’s right leg was broken and his right foot was badly crushed. Despite a number of operations to save his foot, most of it was amputated and he now has a prosthetic foot. It was many months before he was able to return to work. Mr Simpson is currently only able to work on a part-time basis.
HSE found that the metal trolleys had been used on site for some 20 years without incident. Smiths purchased the trolleys to be used as ‘workstations’, but employees had chosen to also use them to move metal stock around the site. There was no risk assessment or written system of work for these trolleys at the time of the accident. The trolley also had faulty wheels and there was no record of any maintenance.  After the accident, the trolley was given a safe working load of 500kg; half the weight placed on the trolley at the time of the accident.
Smiths Metal Centres Limited of Stratton Business Park, Bedfordshire pleaded guilty to Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £130,000 with costs of £2,456.40 and a victim surcharge of £120.
Speaking after the hearing, HSE Inspector Emma Page said: “Luke’s life has been drastically altered by what happened and this incident could have been very easily avoided with some very simple measures. The right equipment and a correct maintenance system would have prevented this from happening.”