Construction firm sentenced after barrier fell on baby’s pram

A construction firm has been fined for safety failings after a barrier was blown on top of a pram injuring an 18-week-old baby.

The baby boy was asleep in his pram while his mother used a cash machine outside a supermarket in Drip Road, Stirling, when the incident occurred on 24 October 2011.

Stirling Sheriff Court was told today (23 September) that Kier Construction Ltd was refurbishing the supermarket and had assembled barriers to separate the public from the work that was going on. Branding banners saying the supermarket was still open for business were attached to the barriers.

The court heard the baby’s mother parked the pram near to the barriers with her 13-year-old daughter, standing next to it. As she walked to the cash machine she heard her daughter scream. She turned and saw a barrier with banner attached had fallen on top of the pram hood, which had collapsed on the baby. They tried to lift the barrier off the pram and a passer-by came to their assistance.

The baby was taken to hospital with bruising to his forehead. He was discharged that day and suffered no more effects from the incident.

An investigation by the Health and Safety Executive (HSE) found that contrary to manufacturer’s instructions, the barriers had not been filled with water to ensure stability and the barriers next to the cash machines had not been locked together.

Inspectors also discovered that the previous month, high winds had caused the barriers to fall over and the site manger had ordered the removal of the banners. Concrete blocks were then placed at the base of the barriers but they were not filled with water.

Kier Construction Ltd, of, Tempsford Hall, Sandy, Bedfordshire, was fined £4,000 after pleading guilty to breaching Section 3 of the Health and Safety at Work etc. Act 1974.

Following the case, HSE Principal Inspector Isabelle Martin, said:

“This incident could easily have been prevented. If assembled correctly the barriers could withstand winds of up to 58mph. On the day of the incident windspeed was about 30mph and should not have been an issue.

“Instead, because Kier Construction Limited failed to properly construct the barriers, a young baby was hurt. Luckily, his injuries were minor but they could have been worse. This incident should serve as a reminder to construction companies about their duty to protect members of the public who may be affected by their work.”

IOSH Working safely course gets construction industry recognition

IOSH are delighted to announce that their Working safely course has been recognised as an equivalent to a Level 1 Award in health and safety in a construction environment.
This means that delegates who successfully complete Working safely can apply for a Construction Skills Certification Scheme (CSCS) green Labourer card once they have also passed the CITB Health, Safety and Environment Operative test.
IOSH been working closely with CSCS over the past five months to achieve this recognition, bringing Working safely in line with their new national occupational standard. IOSH said “That’s because we know it’s important to so many of you who recognise Working safely as being world–class training.”  The green card will allow easier access to construction sites across the UK which will be a great benefit to many employers in the Construction Industry. CRS welcome this new announcement and you can find more information on the 1 Day IOSH Working Safely on our website www.crsrisk.com prices from £149 plus vat.

Mighty Mini Update – Cadwell Park – 20th September

A grey and damp morning greeted rounds 11 and 12 of the Mighty Mini championship at Cadwell Park, Lincolnshire.
The Mighty’s were the first out to qualify and tiptoed their way round Britain’s mini Nurburgring for the first few laps finding out how damp it was, fortunately everyone completed the session without any incidents. Caroline managed 21^st out 23 cars but under 0.8 second covered the 9 cars in front of her so she wasn’t too concerned.
The track was virtually dry as the Mighty’s went out to race but this didn’t stop Martyn Hathaway and Penny Jones making contact first with each other and then the barrier as the lights went out, Martyn rebounded back into the track and collected Craig Pendlebury who was alongside Caroline at the time . The start line incident split the grid as the cars behind had to avoid the incident, Caroline had a gap to the cars in front and set about chasing them down.
By the end of the first lap she had caught up and started battling with 5 other cars for position. By driving clean laps and not making any mistakes she slowly picked her way through to the front of the group. There was only a couple of laps left by the time she got to the front of the pack and it wasn’t enough to catch the next group of minis. She finished the race in 7^th place, making 14 places from her starting position.
Once again she missed out on the reversed grid for the second race as the top 6 were reversed so Caroline started where she finished the first race in 7^th. She made a good start and stayed with the front runners until they reached the bottom of the Mountain where Damien Harrington forced his way past her on the corner, making her run slightly wide and lose momentum. Caroline was running slightly slower than the front runner but quicker than the group behind her so ended up in a lonely 8^th place at the end of the race.
Despite missing two races and having a dnf Caroline has managed to climb within 3 points of second place for the ladies title so will be fighting hard at the final meeting of the year at Donington Park 18/19 October were both main Championships will be decided.
Why not come an support Team CRS Risk and our driver Caroline for the last races of the season – Castle Donington on Sunday 19^th October, you can buy tickets at the gate - £15.
See you there.

Lincolnshire timber firm in court after worker's finger amputated

A Lincolnshire timber company has been fined after an agency worker lost the top of his finger in an unguarded machine. Grantham Magistrates’ Court heard recently (11 September 2014) that the 23-year-old, from Holbeach, was helping to clear a blockage on a woodworking machine at Select Timber Products Ltd’s premises in Mill Lane, Donington, when the incident happened on 15 July 2013.
An investigation by the Health and Safety Executive (HSE) found two of the machine’s guards had been removed. The machine operator had lifted the main guard to clear the blockage, while a fixed guard on one of the machine’s six cutting head had also been taken off to make cleaning easier. However, the machine was still under power, so when the agency worker reached in his left hand came into contact with one of the moving cutting heads. Surgeons had to amputate the top of his middle finger on his left hand. He also suffered severe lacerations to two other fingers and only has partial movement in these and his middle finger.
Select Timber Products Ltd was fined a total of £9,900 and ordered to pay a further £1,193 in costs after pleading guilty to three separate breaches of the Provision and Use of Work Equipment Regulations 1998.
After the hearing HSE inspector Neil Ward said: “About 30 to 40 similar incidents are reported to HSE every year. Nearly all result in amputation injuries and most, including this one, could have been prevented if the cutters had come to rest before operators approached them. Neither the machine operator nor the injured man had been trained to a suitable standard by Select Timber Products. HSE publishes free guidance for this type of machine but that guidance was not followed. Workers should not have been clearing blockages with any of the cutters turning and the fixed guard should never have been removed from one of the heads.”
CRS says: “We urge companies using dangerous machinery to take advice on health and safety.  Losses and fines like these can be avoided.  Health and safety – despite the myths – is not onerous or difficult.  Our specialist advisers can provide organisations with a healthcheck-type of review that will give peace-of-mind as well as prioritising any essential actions.  Thereafter, our SafetyShare service which provides as little or as much of a health and safety professional’s time as needed, can provide on-going support to make sure that good standards are maintained.  High value for one low-cost fee. It is much cheaper and effective than employing a safety officer.” Contact Ian at 01283 509175 or advice@crsrisk.com

Thames Water fined £250,000 for polluting Newbury’s Chase Brook

Thames Water has been fined £250,000 and ordered to pay costs of £6,887 for polluting the Chase Brook in Newbury. Prosecutor for the Environment Agency, Rooma Horeesorun, said: “The offence was sentenced following the New Environmental Offences Sentencing Guideline. In addition to the culpability and harm factors the Judge took into account the financial circumstances of the defendant.

The case was brought by the Environment Agency after it was discovered that Thames Water had allowed untreated sewage to enter the Chase Brook.
The brook which flows through ‘The Chase’ - a 143 acre nature reserve owned by the National Trust. The nature reserve is within the North Wessex Downs Area of Outstanding Natural Beauty.
On 3 September 2012, untreated sewage was seen entering the Chase Brook following a non emergency discharge from the Broad Layings Sewage Pumping Station Emergency Overflow pipe (PSEO). The discharge happened because the pumps at the pumping station had become blocked on 29 August 2012 and Thames Water had failed to act on their alarms system to attend and unblock them.
This failure led to the pumping stations wet well becoming full and caused Thames Water to discharge the sewage through the emergency outfall, rather than be carried through the pumping station and sewage network to a treatment plant for proper processing.
Matthew Rice, Environment Agency Environment Officer, said:
Our officers attended the site after a member of public reported a strong smell of sewage and discoloured water in the Chase Brook. It soon became apparent that the whole length of the Chase Brook (approximately 600 metres) was polluted with sewage.
Water quality testing revealed that there were high levels of both ammonia and e-coli in the pond and Brook. This combined with low oxygen levels meant that recovery from the incident was a long process.
Ammonia is toxic to aquatic organisms and low dissolved oxygen levels starve creatures of oxygen which is of course essential for life”.
Despite the fact that Thames Water had fixed the two pumps which were blocked and had organised a tanker to control flows, the raw sewage had already severely impacted aquatic life in over 600 metres of the Chase Brook.
Since the incident in 2012, Thames Water has a made several changes at Broad Layings Sewage Pumping Station (SPS). They have sealed up the PSEO outfall to the Chase Brook and created a bunded area around the SPS into which the contents of the well will overflow, instead of the Chase Brook. They have also replaced both of the pumps on site with a new type which can deal with blockages.
During sentencing Judge, Mrs Recorder Arbuthnot, said: “The parties agree that the level of culpability is negligence and with which I agree. With regards to harm I find that this is a Category 3 offence but at the severe end.”
The defendant’s profit for the year ending 31 March 2014 was £346.7 million. The message is clear and the level of fines ordered reflects proportionately with the financial circumstances of the defendant”.
Source: DEFRA

Record Greenhouse Gas Levels Impact Atmosphere and Oceans

Carbon Dioxide Concentration Surges  – The amount of greenhouse gases in the atmosphere reached a new record high in 2013, propelled by a surge in levels of carbon dioxide.  This is according to the World Meteorological Organization’s annual Greenhouse Gas Bulletin, which injected even greater urgency into the need for concerted international action against accelerating and potentially devastating climate change.
The Greenhouse Gas Bulletin showed that between 1990 and 2013 there was a 34% increase in radiative forcing – the warming effect on our climate – because of long-lived greenhouse gases such as carbon dioxide (CO2), methane and nitrous oxide.
In 2013, concentration of CO2 in the atmosphere was 142% of the pre-industrial era (1750), and of methane and nitrous oxide 253% and 121% respectively.
The observations from WMO’s Global Atmosphere Watch (GAW) network showed that CO2 levels increased more between 2012 and 2013 than during any other year since 1984. Preliminary data indicated that this was possibly related to reduced CO2 uptake by the earth’s biosphere in addition to the steadily increasing CO2 emissions.
The WMO Greenhouse Gas Bulletin reports on atmospheric concentrations – and not emissions - of greenhouse gases. Emissions represent what goes into the atmosphere. Concentrations represent what remains in the atmosphere after the complex system of interactions between the atmosphere, biosphere and the oceans. About a quarter of the total emissions are taken up by the oceans and another quarter by the biosphere, reducing in this way the amount of CO2 in the atmosphere.
The ocean cushions the increase in CO2 that would otherwise occur in the atmosphere, but with far-reaching impacts. The current rate of ocean acidification appears unprecedented at least over the last 300 million years, according to an analysis in the report.
“We know without any doubt that our climate is changing and our weather is becoming more extreme due to human activities such as the burning of fossil fuels,” said WMO Secretary-General Michel Jarraud.
“The Greenhouse Gas Bulletin shows that, far from falling, the concentration of carbon dioxide in the atmosphere actually increased last year at the fastest rate for nearly 30 years. We must reverse this trend by cutting emissions of CO2 and other greenhouse gases across the board,” he said. “We are running out of time.”
“Carbon dioxide remains in the atmosphere for many hundreds of years and in the ocean for even longer. Past, present and future CO2 emissions will have a cumulative impact on both global warming and ocean acidification. The laws of physics are non-negotiable,” said Mr Jarraud.
“The Greenhouse Gas Bulletin provides a scientific base for decision-making. We have the knowledge and we have the tools for action to try keep temperature increases within 2°C to give our planet a chance and to give our children and grandchildren a future. Pleading ignorance can no longer be an excuse for not acting,” said Mr Jarraud.
"The inclusion of a section on ocean acidification in this issue of WMO’s Greenhouse Gas Bulletin is appropriate and needed. It is high time the ocean, as the primary driver of the planet’s climate and attenuator of climate change, becomes central part of climate change discussions,” said Wendy Watson-Wright, Executive Secretary of the Intergovernmental Oceanographic Commission of UNESCO.
“If global warming is not a strong enough reason to cut CO2 emissions, ocean acidification should be, since its effects are already being felt and will increase for many decades to come. I echo WMO Secretary General Jarraud’s concern – we ARE running out of time,” she said.
Atmospheric Concentrations
Carbon dioxide accounted for 80% of the 34% increase in radiative forcing by long-lived greenhouse gases from 1990 to 2013, according to the U.S. National Oceanic and Atmospheric Administration (NOAA) Annual Greenhouse Gas Index.
On the global scale, the amount of CO2 in the atmosphere reached 396.0 parts per million in 2013. The atmospheric increase of CO2 from 2012 to 2013 was 2.9 parts per million, which is the largest annual increase for the period 1984-2013. Concentrations of CO2 are subject to seasonal and regional fluctuations. At the current rate of increase, the global annual average CO2 concentration is set to cross the symbolic 400 parts per million threshold in 2015 or 2016.
Methane is the second most important long-lived greenhouse gas. Approximately 40% of methane is emitted into the atmosphere by natural sources (e.g., wetlands and termites), and about 60 % comes from human activities like cattle breeding, rice agriculture, fossil fuel exploitation, landfills and biomass burning. Atmospheric methane reached a new high of about 1824 parts per billion (ppb) in 2013, due to increased emissions from anthropogenic sources. Since 2007, atmospheric methane has been increasing again after a temporary period of leveling-off.
Nitrous oxide (N2O)
Nitrous oxide is emitted into the atmosphere from both natural (about 60%) and anthropogenic sources (approximately 40%), including oceans, soil, biomass burning, fertilizer use, and various industrial processes. Its atmospheric concentration in 2013 was about 325.9 parts per billion. Its impact on climate, over a 100-year period, is 298 times greater than equal emissions of carbon dioxide. It also plays an important role in the destruction of the stratospheric ozone layer which protects us from the harmful ultraviolet rays of the sun.
Ocean Acidification:
For the first time, this Bulletin contains a section on ocean acidification prepared in collaboration with the International Ocean Carbon Coordination Project (IOCCP) of the Intergovernmental Oceanographic Commission of UNESCO (IOC-UNESCO), the Scientific Committee on Oceanic Research (SCOR), and the Ocean Acidification International Coordination Centre (OA-ICC) of the International Atomic Energy Agency (IAEA).
The ocean currently absorbs one-fourth of anthropogenic CO2 emissions, reducing the increase in atmospheric CO2 that would otherwise occur because of fossil fuel combustion. Enhanced ocean CO2 uptake alters the marine carbonate system and lead to increasing acidity. The ocean's acidity increase is already measurable as oceans take up about 4 kilogrammes of CO2 per day per person.
The current rate of ocean acidification appears unprecedented at least over the last 300 million years, based on proxy-data from paleo archives. In the future, acidification will continue to accelerate at least until mid-century, based on projections from Earth system models.
The potential consequences of ocean acidification on marine organisms are complex. A major concern is the response of calcifying organisms, such as corals, algae, mollusks and some plankton, because their ability to build shell or skeletal material (via calcification) depends on the abundance of carbonate ion. For many organisms, calcification declines with increased acidification. Other impacts of acidification include reduced survival, development, and growth rates as well as changes in physiological functions and reduced biodiversity.

To learn more about what you can do as an individual or organisation to minimise the impacts of climate change contact richard.ball@crsrisk.com or ros.stacey@crsrisk.com to find out more about our range of environmental courses, from beginner to professional chartered status.

Disqualified director jailed over worker death and company deception

A Hampshire businessman, who was disqualified from being a company director, was today jailed for serious fraud and safety offences. A second businessman was given a suspended prison sentence for similar offences.

The two were sentenced at Winchester Crown Court following joint proceedings brought by BIS (the Department for Business Innovation and Skills) and the Health and Safety Executive (HSE). The safety offence related to the tragic death of a 40 year-old Southampton worker in September 2010.

Paul O’Boyle, 56, of Cholderton Road, Andover, was jailed for a total of 26 months; 16 months for a breach of the Health and Safety at Work etc. Act 1974;  ten months for a breach of the Fraud Act 2006; and a total of eight months concurrent for four  breaches of Section 13 of the Company Directors Disqualification Act 1986.  IOSH Directing Safely He was also disqualified from being a company director for the maximum of 15 years.

Russell Lee, 67, of Quay 2000, Horseshoe Bridge, Southampton, was given a 12-month prison sentence suspended for two years after admitting the same breach of the Health and Safety at Work etc. Act and a concurrent six months, also suspended, after pleading guilty to aiding and abetting O’Boyle in his disqualification.

Lee was also disqualified as a director, for seven years, ordered to pay £8,000 toward prosecution costs and given 150 hours’ community service.

The safety offences related to their running of Alton-based Aztech BA Ltd and the death of a worker who was crushed and killed by a two-tonne metal sand-moulding box that fell from the lifting chains of a crane he was using to manoeuvre it.

The court was told Paul O’Boyle had been disqualified from acting as a company director for 12 years in 2006 but continued to act in that capacity at a number of foundry companies, including Aztech(BA) Ltd, which operated from premises at Lasham, Hampshire. In running Aztech, Mr O’Boyle was aided by Russell Lee, who agreed to be the registered director of the company.

The offences came to light following the fatal incident at the now-insolvent company, Aztech, when Ian Middlemiss, 40, who lived in Thornhill, Southampton, was crushed beneath a heavy sandbox on 30 September 2010. Colleagues scrambled to free him, but he was pronounced dead at the scene by paramedics.

HSE investigated the death and identified serious concerns with the systems of work in place at the time, and with the lifting equipment. HSE became aware of the Companies Act offences and a joint investigation with BIS was undertaken.

HSE found that the crane at the centre of the incident had not been checked and tested as the law requires, and there were inadequate provisions in place covering competency, supervision or training. The court heard the incident could have been prevented had the system of work been reviewed and properly assessed.

HSE inspectors also identified problems with lead exposure at the company. Substances containing lead were used elsewhere at the site as part of a separate bronze moulding process, but the control and health surveillance measures were insufficient – meaning workers were being exposed to potentially harmful levels of lead without realising it.

The court was told that at the time of Mr Middlemiss’ death the foundry was the subject of three Improvement Notices served by HSE following earlier visits in September 2009 and June 2010. A number of important safety improvements were required, but few had been satisfactorily implemented, largely, claimed the management team, because of financial constraints.

HSE argued the fatality incident could have been avoided had the necessary changes in the relevant enforcement notices taken place. NEBOSH National General Certificate in Occupational Health & Safety

HSE responds to Manchester Evening News article on banning decorative flowerpots

Original article [here]

Dear Editor,
I was disappointed that the social housing company in Salford referred to ‘health and safety concerns’ as the reason for asking residents at Rialto Gardens to remove decorative flower pots lining a communal footpath next to their homes (Manchester Evening News, 28 August 2014).
Whatever the real reason for Salix Homes needing to do this, I assure you there is nothing in health and safety legislation that requires it. In fact, our Myth Busters Challenge Panel has considered several similar cases where we have made it clear that this is not a health and safety issue.
Here at the Health and Safety Executive, we encourage people to challenge when they are told ‘health and safety’ stands in the way of something. Invariably it is used as a ‘catch-all’ to hide something, or because it is easier than explaining the real reason.
This must stop, because it detracts from the success of a 40-year-old piece of legislation – the Health and Safety at Work Act – that has drastically reduced the number of people killed or injured as a result of work activity. Health and safety saves lives; it doesn’t stop you living one.
Judith Hackitt
Chair of the Health and Safety Executive

Bank holiday Monday saw Team CRS head to a very wet Castle Combe circuit for a busy days racing

Qualifying saw Caroline earn 19th place which was 6 higher than she thought as she dislikes the wet and was convinced she would be the last car on the 25 car grid!!
The rain only got heavier throughout the day so Caroline's main aim for the race was to finish. She made a good start but the visibility was appalling and lost the places she made as she braked too much for Quarry. As the lap continued the cars quickly spread out as people coped with the tricky conditions. Caroline found herself driving round the remaining few laps trying to catch the cars in front but couldn't manage it and finished in 20th place.
Caroline started the second race from 20th and this time made a poor start dropping a place from the beginning as the conditions had deteriorated even further. A couple of laps into the race the rain stopped and the sun tried to make an appearance which was lucky as the wipers had stopped working on Caroline's car making it difficult to see the track through the spray! Again she found herself chasing the car in front but never quite getting near enough to challenge and finished the race in 19th.
When the car came back to the van the team had a good look round it as they could hear a strange noise every time Caroline came past (she couldn't hear it in the car) and they found the drive shaft had come out which meant the car couldn't drive the wheels properly and  making it even harder to control the car.
Our Winner of the two free VIP tickets - Mr Stephen Locker and his guest enjoyed a fantastic day out but unfortunately the weather was not so kind, and it turned out to be a very wet day. Stephen did say that “despite the rain Team CRS looked after both of them very well and it was a very enjoyable day”

CRS Announce the winner of the NVQ Student of the Year Award 2014

Captain Ian (Dave) Morrin has been chosen as this year’s winner of the NVQ Student of the Year Award 2014, Dave is a serving Captain in the British Army stationed in Colchester Garrison. He holds the responsibility for the provision of advice guidance and practical support in health, safety and environmental management. The army units which fall within his area of responsibility include 16 Air Assault Brigade, several units and personnel are actually deployed on operations around the world.

Despite experiencing some initial difficulty in getting to grips with the web based portal ‘Learning Assistant’ Dave submitted his final unit in little over 4-months after the first unit which could well set a new record for a CRS Student.

Dave will be presented with his award at a special presentation on Wednesday 8^th October at Sahara Force India, Silverstone.

If you would like to consider taking the NVQ level 5 Diploma in Occupational Health & Safety Practice then why not come to the FREE seminar on Wednesday 8^th October and who knows next year you could be our winner.

For more information about the event contact Ros Stacey – rs@crsrisk.com and get your name on the guest list, and make that career move now!!.

Enfield firm day in court costs over £20K for faking safety record

A North London meat wholesalers has been sentenced for operating a fault-ridden forklift truck and trying to deceive safety inspectors by forging a positive examination report on the vehicle. MIB United Meat Ltd, of Enfield, Middlesex, was prosecuted by the Health and Safety Executive (HSE) at Westminster Magistrates’ Court recently (3 September 2014) after admitting three breaches of safety legislation.
The court heard that the offences resulted from a routine health and safety inspection at their premises in Stockingswater Lane, Enfield, on 8 March 2013. During the visit, an HSE inspector asked to see the vehicle examination records for the company’s 2.5-tonne counterbalance forklift truck. A document was later emailed to the inspector but appeared to be – and was later proven to be – a fraud.
HSE found the forklift truck had never been examined, as required by safety rules for lifting equipment, since being purchased in August 2011. A specialist mechanical inspector from HSE, who examined the forklift in April 2013, found more than 40 faults, including some that could have endangered its operator. HSE served a prohibition notice on MIB United Meat Ltd to stop any use of the vehicle until it was safe to use.
MIB was fined a total of £18,000 and ordered to pay £2314 in full costs for single breaches of the Health and Safety at Work etc Act 1974; the Provision and Use of Work Equipment Regulations and the Lifting Operations and Lifting Equipment Regulations.
After the hearing, HSE Inspector Tahir Mortuza said: “MIB United Meat Ltd was required by law to make sure its forklift truck was maintained regularly and properly examined to allow the identification of safety-critical defects. It failed to do this and the vehicle was allowed to deteriorate to the point of being riddled with faults. It compounded this failure with a blatant attempt to deceive HSE by forging documentation purporting to be an examination record. This is a serious offence and demonstrates that the company was willing to expose its employees to the risk of serious injury or even death.”
CRS says it would have been much cheaper to take advice on what is needed in a workplace to comply with health and safety laws – including the requirements for plant inspections.  Our SafetyShare service provides low cost, high value access to competent advice.  Contact us on 01283 509175 or advice@crsrisk.com for a no-obligation discussion.

Environment Legislation Update

Delegates from Transport for London, Biffa Waste, Ministry of Defence, Freightliner, Casepak  and many other blue chips companies where among the audience at an ‘Environment Legislation Update’  seminar held by CRS earlier this week at Sahara Force India F1, Silverstone. The event was designed to help Environmental Managers/Advisors and their organisations to understand the many new pieces of Environmental Legislation some of which comes into force as early as  January 1^st 2015. The agenda included Carbon Reduction Commitment – ‘annual reports to be submitted by the last working day of July’. The Waste (England and Wales) Regulations 2011 – applies from January 1^st 2015, The event gave an overview of the benefits of an Accredited EMS System such as ISO 14001 and gave the audience the latest update on the new changes which come into effect  in 2015.
Environmental Consultancy and Support
Corporate Risk Systems has a team of sector leading specialists ready to help you. Whether you are struggling to understand the ever-growing requirements of environmental legislation, need to implement a management standard such as ISO 14001, or looking to re-energise an existing environmental management system, we can support you.

We offer a wide range of Environmental Consultancy services including, audits, environmental management systems implementation and support, issues based guidance in areas such as waste management, carbon foot printing, and Corporate Social Responsibility, as well a broad range of training to support Management, Workforce and those seeking to become an Environmental Practioner.
Contact either Ros Stacey – rs@crsrisk.com or Richard Ball – Head of Environmental rb@crsrisk.com  – 01283 509175

Fee for Intervention is effective and should stay, says report (4 September 2014)

A scheme designed to shift the cost of regulating workplace health and safety from the public purse to businesses who break the law has proven effective and should stay, an independent report has concluded. The report published 4 September 2014 recognises that inspectors at the Health and Safety Executive have implemented ‘Fee for Intervention’ consistently and fairly since it started in October 2012, and found no evidence to suggest that enforcement policy decisions had been influenced in any way by its introduction. The independent panel which conducted the review was chaired by Alan Harding, professor of public policy at Liverpool University. Other participants were representatives of the GMB trade union, the Federation of Small Businesses and the Department for Work and Pensions.
According to the report’s authors, the professional approach adopted by HSE’s inspectors has ensured any challenges raised by the scheme during its first 18 months were minimised. The evidence suggests the concerns voiced about FFI have not manifested themselves to any significant or serious extent and that ‘generally inspectors and dutyholders continue to work together in improving health and safety management’.
Judith Hackitt, Chair of HSE, said: “Both HSE and the Government believe it is right that those who fail to meet their legal health and safety obligations should pay our costs, and acceptance of this principle is growing. This review gives us confidence that FFI is working effectively and should be retained. We will continue to monitor the performance of Fee for Intervention to ensure it remains consistent and fair.”
The report, published by HSE, along with associated research papers, concludes that “it [FFI] has proven effective in achieving the overarching policy aim of shifting the cost of health and safety regulation from the public purse to those businesses who break health and safety laws.”
The report (available by accessing the link below) also concludes that:

• Fears that FFI would be used to generate revenue have proven to be unfounded.
• While not popular with some inspectors and duty-holders, it has been embedded effectively and applied consistently.
• There is no viable alternative that can achieve the same aims.

The full FFI review report can be found on HSE’s website: www.hse.gov.uk/fee-for-intervention/

West Yorks firm fined £10K after worker badly burned when firm ignored safety risks

A West Yorkshire company has been fined after a worker was severely burned in a flashover during hot-cutting work at the Fox’s Biscuits factory in Batley. The 61-year-old Ossett man was one of a team working for steel fabricators Hartwell Manufacturing Ltd, which had been hired to remove three disused oil tanks at the Fox’s site in Wellington Street in February 2012. The worker was using an angle grinder to cut a hole in one of the tanks, which had only recently been drained of fuel, when sparks ignited flammable vapours causing flames to erupt. In a panic, the worker inserted a high pressure water lance into a pipe opening to try to put out the fire but instead caused a blow-back of flames to be ejected from the opening, engulfing his lower body in flames.
Huddersfield Magistrates heard recently (12 August 2014) that another worker at the scene rushed to the injured man’s aid, putting out his burning clothes with a fire extinguisher. He suffered extensive burns and needed prolonged treatment and rehabilitation.
The Health and Safety Executive (HSE) investigated and prosecuted Hartwell Manufacturing Ltd for safety breaches after discovering the firm had deviated from a safe system of work it had earlier agreed with Fox’s Biscuits and their site managing firm.  Instead of using cold-cutting equipment, the company had used a high-speed angle grinder, which produces heat and sparks.
HSE also found that the whole job of removing the huge tanks, in particular the means of access into the oil tanks and working in a confined space, had not been properly planned by Hartwells. In addition its emergency arrangements to evacuate any casualties on site were fundamentally flawed.
The court was told the company’s managing director had failed to liaise with Fox’s Biscuits when problems with access to the tanks emerged or when the company wanted to diverge from the agreed plan by using the hot-cutting, and thereby dangerous, angle grinder.
Hartwell Manufacturing Ltd, of Milner Way, Ossett, was fined £10,000 and ordered to pay £7,885 in full costs after admitting breaching the Health and Safety at Work etc Act 1974.
After the hearing, HSE Inspector John Micklethwaite said: “This worker suffered exceedingly painful burn injuries that could have been avoided if Hartwell Manufacturing had followed a safe system of work and not used the angle grinder.  The company used a dangerous working practice on the site unbeknown to Fox’s Biscuits. Work with flammable vapours must always be effectively controlled. If problems are encountered, you need to stop and reassess – not press on and use unsafe equipment which introduces an unacceptable risk of fire and explosion. The job should have been better planned and supervised. At several key points Hartwells failed to take the opportunity to stop the job, take stock and liaise with the occupier to ensure work could go ahead safely.”
CRS assists organisations to develop safe systems of work – these prevent injuries and fines.  Contact us for a no-obligation quotation on 01283 509175 or advice@crsrisk.com

Stonehaven firm fined £240,000 after driver crushed to death

A Stonehaven animal feed company has been fined £240,000 after a lorry driver was crushed to death when a two-tonnes, fully-loaded grain bin fell onto him from a forklift truck. David Leslie, 49, of Balmedie, worked for a feed services firm and was picking up a load from East Coast Viners Grain LLP’s site in Drumlithie, Stonehaven, when the incident happened on 18 March 2013.
Aberdeen Sheriff Court heard recently (15 August 2014) that Mr Leslie was helping with the loading operation. He was standing near the base of the grain elevator, which carries the animal feed up and drops it into a bulk transporter, and was ready to pull the lever in the grain bin to release the feed once it was in position. The forklift driver picked up the grain bin, which weighed around 600kg and held 1.5 tonnes of feed, and raised the forks to about five and a half feet to allow better visibility as he moved forwards. However, the bin started to move on the forks and he shouted a warning, but Mr Leslie was in front of the forklift when the bin fell off the forks and struck him. Mr Leslie died after suffering crush injuries to his head, neck and chest.
An investigation by the Health and Safety Executive (HSE) revealed East Coast Viners Grain LLP did not have in place a safe system of work for the task and operators were left to carry it out in any way they saw fit. The company had assumed the forklift training they had received from an external provider would cover safe working. Although the company’s site rules required visiting drivers to keep away from the loading operation until advised by the forklift driver, this was not communicated to employees or drivers. As a result employees regularly allowed visiting drivers to help loading by pulling the grain bin lever to release the feed. Supervisors were on site and aware that this was happening. HSE also found that despite previous incidents of grain bins slipping from the forks of the trucks, no mechanism or device to secure them had been installed. There was also poor visibility in the loading area where the forklifts were operating; failures in work systems and in training for employees.
Since the incident the company has stopped using metal grain bins and now only uses cloth bags. It has updated its risk assessments and work procedures and now prevents visiting drivers from assisting in lifting operations. Visiting drivers are also asked to sign that they have read the site rules.
The court heard the company had been fined £4,000 in April 2011 for a breach of Section 2(1) of the Health and Safety at Work etc Act 1974 following an incident in which a mill operative suffered head injuries when he fell from an excavator bucket in December 2009.
East Coast Viners Grain LLP, of Broadwood, Drumlithie, Stonehaven, Aberdeenshire, was fined £240,000 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
Following the case, HSE Principal Inspector Niall Miller, said: “East Coast Viners Grain LLP’s failure to act to make sure its employees and visiting drivers were adequately protected during loading operations, has led to the tragic death of Mr Leslie, which could have been so easily prevented. The issues with unsecured loads on forklift trucks and the dangers of inadequate segregation of vehicles and people are well-known in all relevant industries. Around a quarter of all workplace transport incidents involve forklift  trucks, with 50 per cent of these happening because someone is hit either by the vehicle or a falling load. It was entirely foreseeable that there was a risk of death or serious injury if the grain bin fell from the forklift truck, particularly as the company was aware of previous incidents of loads falling.”
Our advice is simple. Today is the day to decide to make sure that health and safety on your site(s) is legal and safe.  To fail to do this is to see the future now in events such as those related to East Coast Viners Grain and Mr Leslie. Contact Ian Cliffen to arrange a healthcheck-type review at your organisation on 01283 509175 or advice@crsrisk.com