Tag Archives: Improvement Notice

Bristol Construction firm receives £145,000 fine without an incident occurring

There are two common misconceptions to be addressed here;

  1. You have to have an accident to get prosecuted and fined by the HSE;
  2. Most inspections come through random HSE visits.

This case disproves both of these assumptions.  Firstly, the case was prosecuted based on the risk of the breach rather than based on any accident or incident which occurred.  Secondly, the visit was prompted by the concerns of a member of the public communicated to HSE through their website which can be accessed here; HSE: raise a concern

Ikon construction had received previous warnings relating to the correct planning and management of construction work but these had not been acted upon.  The fine related to risk without injury during the construction of nine timber framed town houses and resulted in a significant fine of £145,000 plus £2191.20 in costs.

Speaking after the hearing, HSE Inspector Kate Leftly said:

“By failing to comply with the law, Ikon Construction endangered the lives of workers at the site, and neighbouring residents of the complex being developed.

Thankfully, a complaint was made by the public which we acted on very quickly and subsequently thoroughly investigated.”

If you need help, advice and support on any aspect of construction site safety or application of the CDM Regulations as a Designer, Contractor or Principal Contractor please contact us using the links above and below to see how we can help.

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Failings in formwork safety leads to further injuries and fines

Formwork safety continues to be an area in which many sites could improve.  There are a range of courses out there which give useful qualification and skills in the management of formwork and falsework risk.  A good example of this would be the Temporary Works Supervisor Training Course (TWSTC) available from CITB.
For more information on this course see this link; TWSTC

Erector fell 3m after access scaffold board failed under load

Sager Construction Limited (SCL) and Shaun Dixon Services Ltd (SDSL) have been fined when an employee fell more than 3m when a scaffold board he was standing on failed.

Southwark Crown Court heard SCL had been appointed Principal Contractor under the CDM 2007 Regulations for the construction of a shopping centre and residential units.

On the 19 February 2015 the 64-year old employee of formwork contractor SDSL was installing a primary beam in the basement when he fell from the top of the work platform.  He  suffered fractures to both of his feet and deep cuts to his head and arms as a result.

Dangerous boards and poor working practices

On investigation the Health and Safety Executive found that operatives worked from boards which were in a poor condition. It was also revealed that particularly poor practices took place in relation to work at height

Sager Construction Limited pleaded guilty to breaching Regulation 22 of the Construction (Design and Management) Regulations 2007, and was fined £34,000 and ordered to pay costs of £6,577.

Shaun Dixon Services Ltd was also found guilty of breaching Regulation 13 of the Construction (Design and Management) Regulations 2007 at an earlier date.

The company has since entered liquidation but was fined £160,000 and ordered to pay costs of £15,119.

Speaking after the hearing HSE inspector Gabriella Dimitrov said:

“The worker is lucky to have not sustained more serious injuries as a result of this fall from height.

It is entirely foreseeable that accidents will occur where work at height is being carried out without suitable work platforms and other measures to prevent workers from falling.

HSE will take action to ensure that duty holders are held to account for any failings.”

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Public Tip Off leads to Prosecution and £52,000 fine

HSE often attends sites which have been reported as dangerous by members of the public.  In fact, we hear of these visits quite regularly and they can be as a result of genuine concerns or perhaps as a result of noise, dust and other disturbances causes nuisance to neighbours.

The case below relates to a North London site at which safety management and edge protection were sadly lacking.  Malik Contractors and Engineers Ltd were fined a total of £52,000  plus £4,415 costs after pleading guilty under Reg 13(1) of The Construction Design and Management Regulations 2015.

In response to concerns from members of the public HSE carried out three separate inspections and each time found numerous breaches of health and safety legislation. These included electrical systems, unsafe work at height and no fire detection of fire fighting equipment despite workers sleeping on site.

 

 

 

 

HSE inspector David King commented:

“This case highlights the importance complying with enforcement action. Duty holders have the responsibility to provide their workers with appropriate training and equipment so they can work safely. In this case Malik Contractors failed to do so.

It is essential those responsible for construction work understand they are also responsible for the health and safety of those on and around the construction site, and ensure suitable and sufficient arrangements are in place to plan.”

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Site Managers negligence leads to death of person passing construction site

Some of you may remember hearing a statistic being talked about on past training courses that one person a month dies just walking past a  construction site.

This statistic has been brought tragically to life by an accident which occurred in Hanover Square London on August 2012 when 3 large unglazed windows weighing 655kg fell  to the pavement killing Amanda Telfer.

The frames had been delivered the previous day in line with the schedule but could not be fitted that day due to other programme delays.  The frames were left on the pavement overnight leaning against the building.  No effort was made to secure the frames and no barrier was placed around them.

As Ms Telfer walked past it is believed that a gust of wind blew a door on the building open, hitting the frames and causing them to topple, crushing Ms Telfer.

Several members of the public worked to remove the frames from her but she was unconscious and not breathing she later died as a result of her injuries.

Mr Damian Lakin-Hall (one of the men prosecuted) told officers at the scene that the frames had been secured with a ratchet strap but evidence showed that this had never been the case.

The following were convicted for offences arising from the death of Ms Telfer:

  • Kelvin Adsett – of New Road, Slough, Berkshire was convicted at the Old Bailey on Thursday, 23 March, of manslaughter by gross negligence and offences contrary to Section 7a of the Health and Safety at Work Act. Mr Adsett was the on-site project manager for IS Europe Ltd.
  • Damian Lakin-Hall – of Portsmouth Road, Cobham, Surrey was convicted of offences contrary to Section 7a of the Health and Safety at Work Act. He was acquitted of manslaughter.
  • IS Europe Ltd – of Slough, Berkshire  was convicted of offences under Section 2 and 3 of the Health and Safety at Work Act.

Detective Chief Inspector Andrew Chalmers said:

“The individuals and company who were convicted in this tragic case had a laissez-faire attitude to health and safety and did not take their obligations seriously.

Each had a responsibility for the safety of the construction site but failed to deal with a basic task that very obviously then presented a serious hazard.

Amanda died four-and-a-half years ago and this has been an incredibly long and complex case to bring before the courts with many many hours of enquiries carried out by my team.

Her death was completely avoidable and it is satisfying for all involved in this case – and especially Amanda’s family – that the jury have convicted these people and companies today.

Prosecutions such as this are so important in enforcing adherence to health and safety laws. This tragic case proves just why employers and employees should take their obligations to safeguard workers and the public seriously.”

Barry and Ann Telfer, Amanda’s parents, said following the verdict:

“Amanda was a bright lovely professional woman living her life to the full and making plans for the future. Her future was taken from her when she was crushed to death by half ton window frames which took two seconds to fall on her. The frames had been left standing, almost vertically, at the side of a public pavement, unsecured to anything, unattended and with no safety barriers around them.

If construction companies and the people who work for them are not held to account for such high levels of negligence and incompetence then none of us is safe walking the streets next to construction sites. The Health and Safety training being given is totally inadequate, if risk of death to passers-by is ignored.

It is nearly five years since Amanda died. We would like to thank the police, health and safety officers and prosecution who worked on behalf of Amanda for their persistence and patience. We and all Amanda’s family and friends will always miss her. Nothing will change that.”

In an impact statement for the court they added:

“Every parent who has lost a child to a violent and sudden death knows the overwhelming shock and disbelief which is impossible to describe. We saw our daughter on the morning of the day she died. An hour before she was killed she was with us, telling us about her social plans with friends for that evening and for the weekend, looking forward to some interesting legal work that she was going to be starting that afternoon, planning a weekend in France to see her brother and his family. She was very cheerful, making plans and looking forward.

An hour later she was dead, killed whilst walking along the public pavement in central London. We’ll never see her again or hug her again. We’ll never hear her laugh again or enjoy her company again. Amanda was the best company, funny and interesting herself and always interested in and fully engaged with whoever she was talking to. She was very loving, generous and supportive to us and to all her family and friends. We spoke together regularly and she would contribute enthusiastically to every family event, birthdays, anniversaries, full of ideas and energy, however busy she was. We looked forward to her companionship and interest in us. Our lives were enriched by her and our old age will be diminished by her absence. She had so many plans for the future, ever improving her professional skills and for travelling. She was so full of life. It’s still almost impossible for us to believe that she really has gone or to come to terms with the random carelessness of how she was killed.

We don’t want retribution for our loss of Amanda, though we will never recover from it. We want accountability established, responsibility acknowledged. Her death was avoidable. She was killed by two half-ton window frames which had been left standing at the side of a busy public pavement unsecured, unbalanced and unattended with no safety barriers round them. The risk to passers-by is obvious. Yet the risk was ignored and our daughter, a bright, beautiful woman with so much to live for, so much she wanted to do with her life, was killed.”

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Routine HSE inspection leads directly to prosecution

We are all used to HSE visiting site and reviewing our arrangements on safety.  If these fall below expected standards we typically see Fee for Intervention costs (FFI) and the possibility of the serving of Improvement or even Prohibition notices.

HSE launches several campaigns each year across the different regions of the UK to check on site safety and hundreds of sites are visited.  We know that the April visits in our own region resulted in more than 50% of sites receiving FFI and/or enforcement action.

One site visited in Wilmslow led directly to a court case, an unusual step for HSE.  Read on to find out why these steps were taken.

Despite no specific injury having occurred the site was so poorly organized that the inspector decided that a prosecution was the best course of action. Reference to the photographs above show the poor state of the site and it was felt that a death or serious injury was a real possibility.

Key failings were the missing and removed edge protection and general site debris – this was not removed from site but was tipped to the rear of the plot burying the footings of the scaffolding and making access hazardous.

A prohibition and Improvement Notice were served and the subsequent prosecution saw Skyline Building Services Ltd  fined £20,000 with £4095.60 costs.

Speaking after the hearing HSE Inspector Ian Betley said:

“Numerous failings were found on this site, including serious risks of falls from height and site tidiness that could have resulted in major injuries or even death.

Skyline Building Services Limited showed scant regard for the safety of the workers they were responsible for and it was fortunate that nobody was seriously injured or killed.”

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Client receives £160,000 fine after failure to appoint competent contractor

Both the building owner and the contractor they employed to demolish a structure have received heavy fines following safety failings which led to an uncontrolled collapse onto a high street in November 2013.

It is a requirement of CDM 2007 (now replaced by CDM 2015) that a construction client must not engage a contractor unless reasonable steps have been to ensure that the contractor is competent.

Contractor Michael Elmes was engaged to undertake demolition work by Panther AL (VAT) Ltd but HSE found in its investigation that Marton Elmes had failed to properly plan the works.  The client did not make any enquiries as to the suitability or competence of Marton Elmes to undertake the demolition work. The lack of a road closure put the general public at risk of injury.

  • Martin Elmes – of Barnacres Road, Hemel Hempstead, Hertfordshire, pleaded guilty to breaching Regulation 25(1) of the Construction (Design and Management) Regulations 2007, and has been sentenced to nine months imprisonment suspended for two years.
  • Panther AL (VAT) Limited – of Deneway House, Darkes Lane, Potters Bar, Hertfordshire, pleaded guilty to breaching Regulation 4(1) of the Construction (Design and Management) Regulations 2007, and was fined £160,000 and ordered to pay costs of £9128.89.

HSE inspector Andrew Cousins said after the hearing:

“Lives were put at risk when this structure uncontrollably collapsed. Clients have a responsibility to appoint competent contractors to undertake hazardous work such as demolition.

Those in control of demolition have a responsibility to plan demolition work and to devise a safe way of working that protects both the workers and members of the public.

The job could have been safely carried out by simply undertaking the demolition behind a substantial hoarding.”

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Use of Plant on Construction Sites – New HSE guidance on Overturning

There have been more instances of tele-handlers and dumpers overturning on construction sites with often tragic consequences. These days we have trained operators and good site traffic management on most sites we see but in spite of this we are still seeing too many overturns.

This gave use cause to think and discuss this in the office and we have the following thoughts for you to consider which will be helpful when seeking to manage these risks;

  1. Are roll bars always in the upright position – staff sometimes do not put them into place following delivery;
  2. Seat belts are still not being worn and warning systems are being defeated as operators are still under the impression that they could somehow ‘jump free’ of the vehicle if it should overturn  this just isn’t the case;
  3. Training often does not teach good practice for using this machinery (in particular dumpers) on slopes, this is essential and should make up a toolbox talk and really should be part of any operators training – check your training satisfies this area;
  4. Some zones may not be suitable for dumpers and telehandlers – mark exclusions zones for soft ground and steeper slopes;
  5. Tyre pressures are crucial – make sure staff check pressures daily as a small change in pressure (as little as 5 psi) can have an enormous effect on load capacity.  Tyres must be check when cold at the start of each day.

Find out more about the safety of telehandlers here by reading the latest research report from HSE.  General information about plant safety can be found on the HSE website here.

Contact us on 01453 800100 if you need expert help with health and safety for a fixed cost or use contact us above or the form below to request a proposal;

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HSE settles judicial review brought by OCS Group before High Court Hearing

HSEAt our recent round of breakfast clubs we discussed the Judicial Review being brought by OCS Group after the FFI fine imposed upon it by HSE linked to its operations at Heathrow Airport.

Key to the review was the HSE being able to act as a ‘judge in its own cause’ – something which was, unsurprisingly, at odds with others areas of review and something of a legal issue.

To complicate matters further, HSE is now headed by Mr Martin Temple, the same person who undertook an independent review of FFI when at the EEF and within that review called FFI a ‘dangerous model’.

Given the above and the arbitrary process of appeal it won’t come as too much of a surprise to see that HSE has chosen to settle the case early and also to withdraw the FFI imposed on OCS plus pay its costs.

Changes will be in place by 1st September 2017

Changes are now afoot to make the process of appeals completely independent of HSE by 1st September 2017.  More than this a consultation exercise should ensure that all stakeholders will now have the opportunity to voice their opinions on how that new process might operate.

Watch this space for more news.

Contact us on 01453 800100 if you need expert help with health and safety for a fixed cost or use contact us above or the form below to request a proposal;

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Occupational Health: Alveolitis in Metal Working

Health is becoming the central thrust of any HSE visit and with good reason, health causes a huge impact on individuals and a massive strain on our NHS. However, not all safety professionals are aware of these risks well enough to control them and that’s where expert, external, independent advice can be invaluable.

Alveolitis is a condition of the lung caused by the inhalation of the mist created by metal working fluid when machining – particularly at higher speeds.

The Hazards of Metal Working Fluids (MWF)

Exposure to MWF can be hazardous in several ways but dermatitis from skin contact and lung problems from inhalation are the two major issues.  Biocides are often introduced into MWF’s to stop bacterial growth and this gives the clue about what can happen to the lungs when a fine mist is inhaled by workers.

Over a period of time workers may develop a number of ill health conditions including;

  • bronchitis;
  • irritation of the upper respiratory tract;
  • occupational asthma;
  • or, most seriously, extrinsic allergic alveolitis (EEA).

If you use MWF then seek to control exposure by minimising the volume and rate of delivery at the cutting point or seek to capture mist or enclose it within CNC machines.  If you use a small bright torch with a focusing beam you may be able to seek where and how mist is rising from the process – we issue these torches for free to our clients so if you need one please ask – we’ve helped many businesses with this simple tool.

Consider also your current health surveillance provision – if you need any help and support we can provide skilled practitioners to help you put a robust health surveillance plan in place – just call us on 01453 800100 for more detail and read here for a case study involving a major aerospace company which was recently fined £800,000

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Major aerospace company receives £800,000 fine for occupational ill health

Martin Baker Aircraft Company has been fined £800,000 after three of its workers developed Extrinsic Allergic Alveolitis (EEA).

EEA is often caused when workers inhale contaminated metal working fluids as a mist when high speed machining is taking place, these fluids can provide a home for bacteria and other organisms to breed and lead to serious and ongoing illness.

Extrinsic Allergic Alveolitis

EEA is a condition which causes the small air scacs within the lungs (alveoli) to become inflamed in an allergic reaction. Symptoms include coughing, shortness of breath and joint pain.

The three workers suffering from the condition had been exposed to MWF mist for three years and were among a group of 60 staff which the HSE found to have been put at risk. One of the workers was said to have become virtually paralysed by the illness and the two others have become restricted in the types of work they can undertake in future as they must now avoid contact with the substance.

HSE investigation leads to massive fine

The HSE investigated and found that Martin Baker Aircraft Company (MBAC) had not done enough to reduce the risk with no system of cleaning away the excess fluid and a lack of extraction to prevent the build-up of MWF mist. In addition, they found that there was also a lack of health surveillance (required under Regulation 11 of COSHH.

In court MBAC pleaded guilty to breaching s.2 (1)Health and Safety at Work etc. Act 1974 and Reg 6(1) Control of Substances Hazardous to Health Regulations 2002 . It was fined £800,000 with £36,912 in costs – one of the highest ever penalties for occupational health offences.

Contact us on 01453 800100 if you need expert help with health and safety for a fixed cost or use contact us above or the form below to request a proposal;

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