A Rotherham-based metals business has been sentenced after it
repeatedly risked workers’ lives by making them use dangerous machines –
notching up a shocking 31 enforcement notices for safety breaches in
just three months.
Sheffield Crown Court was told on 19 March 2015
that Meadowbank Vac Alloys was a serial safety offender. It allowed
employees to operate vehicles and plant with category ‘A’ defects, the
highest possible level meaning ’immediately dangerous’, and continued to
keep the machines in use even after being specifically prohibited from
doing so by the Health and Safety Executive (HSE).
Twenty
enforcement notices were served by HSE at the end of May 2012 after a
visit by inspectors to the firm’s site in Harrison Street. The visit was
prompted by a complaint voicing concern about the condition of the
firm’s vehicles. These notices covered a multitude of safety and health
risks ranging from improvements needed to a variety of plant and lifting
machines to the provision of basic welfare facilities for staff. The
court heard that there were a further four visits by HSE between then
and early August when additional enforcement notices were issued. These
included seven which banned use of three forklift trucks, three
mechanical grabs and a loading shovel that had no brakes. All had
category A defects, identified by an independent engineer.
Although
numerous extensions of time were granted by HSE to Meadowbank Vac
Alloys to comply with the enforcement notices, the company continually
failed to take adequate action and workers had to operate the defective
machines. HSE identified that on two occasions in July and August,
prohibited machines were still being used. None of the defects had been
rectified and again the company director was informed specifically what
was needed for the notices to be complied with. During the last
inspection, in October 2012, HSE found the dangerous loading shovel
still in use and with some 80 hours’ working time clocked up when it
should have been idle.
In total, 31 notices were served between 29 May and Aug 2012 identifying 57 safety breaches.
Meadowbank
Vac Alloys, of Harrison Road, Rotherham, was fined a total of £36,000
and ordered to pay £36,000 toward prosecution costs after pleading
guilty to a single breach of the Provision and Use of Work Equipment
Regulations 1998; and multiple breaches of the Health and Safety at Work
etc Act 974, three relating to Prohibition Notices and two for offences
of non-compliance with Improvement Notices.
After the hearing,
investigating HSE inspector Denise Fotheringham said: “Meadowbank Vac
Alloys displayed a reckless disregard for the safety of its employees
and a persistent contempt for the legal notices issued requiring the
firm to bring equipment to an acceptable standard. HSE exercised
protracted patience with the company and was in regular contact with the
director to ensure what was needed to comply was clear, unambiguous and
fully understood. Despite being given ample opportunity, Meadowbank
chose to ignore their responsibilities; put workers in danger on a daily
basis; defy the law and turn a deaf ear to information, advice and
guidance conveyed by inspectors and an independent engineer.”
CRS
believes that HSE regulators should also enforce the current law
requiring organisations to have access to competent health and safety
advice, and that ignoring such advice should also be regarded as a
material breach of health and safety requirements, and prosecuted and
where necessary sentenced accordingly. Our consultants are recognised by
OSHCR, the HSE register of competent health and safety consultants.
For more information on the requirements for companies, see http://www.hse.gov.uk/business/competent-advice.htm
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