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Oxygen explosion causes worker severe injury and costs firm £1m fine

Oxygen is used throughout many sectors of industry and healthcare.  This common element can be taken for granted as we are so familiar with its name and its use.

Are you aware that;

  1. increasing the concentration of oxygen in air from its normal 21% to just 24% can make an enormous difference  in how easily items will catch alight;
  2. They will also be far harder to put out once they are burning and will burn much more fiercely;
  3. Oxygen which is pure and at high pressure (from a cylinder or supply line for example) can react spontaneously with oils, greases and other materials causing them to catch light;
  4. Nearly all materials including textiles, rubber and even metals will burn vigorously in the presence of pure oxygen.

More information on all of the above and the correct precautions which must be in place can be found here; http://www.hse.gov.uk/pubns/indg459.pdf

Below is an accident which illustrates the dangers of bad practices around oxygen.  If you need helps and support on these and other issues please do contact us for more information.

Case Law: Oxygen Pipe Explosion

Sheffield Crown court heard that work was carried out by an in-house contractor to fit a valve to an oxygen pipe that carried 99.9 per cent pure oxygen in August 2013

The worker was checking the work when he heard hissing from the valve. When investigating the noise, the pipe and valve erupted in flames causing the person to suffer 60- 70 per cent burns.

As a result of the severe injuries he suffered he was initially not expected to survive and underwent several skin grafts whilst being kept in a coma for several weeks.

A Health and Safety Executive (HSE) investigation found that the oxygen pipe had been fitted with contaminated second-hand flanges and butterfly valves containing materials unsuitable for use with oxygen.

Sheffield Forgemasters Engineering Limited of Brightside Lane, Sheffield pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and were fined £1,000,000 with £58,000 costs.

After the hearing, HSE inspector Carol Downes commented: “This incident could so easily have been avoided by simple carrying out correct control measure and safe work practices.”

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standard.”

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Posted by Roger Hart

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.”

Guidance on protecting the public from construction risks

The project client should provide information about:

  • boundaries
  • adjacent land usage
  • access; and
  • measures to exclude unauthorized persons

This will influence the measures contractors take.

Key issues are:

  • Managing site access
  • Hazards causing risk to the public
  • Vulnerable groups

Check out the HSE guidance page for more information on public safety with construction sites and contact us on 01453 800100 if you need help and advice on protecting the public at your construction site.

Posted by Roger Hart

Site Managers negligence leads to death of person passing construction site

Many construction site managers may remember hearing a statistic being talked about on past training courses that one person a month dies just walking past a  construction site, it often forms part of the CITB Site Managers Safety Training Course

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.

Site Managers negligence leads to HSE Fine

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 construction site 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.”

Posted by Roger Hart

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.  What’s unusual is when a HSE Inspection results directly in prosecution.

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.

HSE Inspection leads directly to prosecution

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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Posted by Roger Hart

Temporary works: Deaths of four workers illustrate need for careful planning

Temporary works are an area where greater focus on safety is required.  Some confusion can still exist over who takes responsibility for these areas and risks can sometimes be underestimated.

The case above involved the construction of a foundation for a large steel structure as part of the foundation for a pressure test facility at Claxton Engineering in Great Yarmouth.

An excavation 23 metres long, 3 metres wide and 2 metres deep was filled with a horizontal steel cage estimated to have weighed around 32 tonnes when it was completed.  The picture below show the structure before and after its collapse;

 

 

 

 

A large-scale emergency response was undertaken to rescue the trapped workers. However, Adam Taylor, 28, 41-year-old Peter Johnson and brothers Thomas Hazelton, 26 and Daniel Hazelton, 30, were all pronounced dead at the scene. All of the men were working for Hazegood Construction

If you’d like to find out more about safely managing temporary works then please following this link; https://www.twforum.org.uk/media/70138/tw15.116_rebar_stability_safety_bulletin.pdf  or visit the website for more information on safety with temporary works.

HSE Construction Division Head of Operations Annette Hall said:

“Those sentenced today failed the four workers who died. They didn’t carry out their legal duties, leading to the events which caused their deaths.

This was a long term, large scale and complex civil engineering project which needed to be planned, designed, managed and monitored effectively. The tragedy here is that, in the months leading up to the accident, any one of these parties could and should have asked basic questions about building the structure safely.

Such an intervention could have avoided the tragic outcome of this entirely preventable accident.”

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Posted by Roger Hart

CDM Client fined £160,000 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 and the CDM Client fined £160,000.

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

CDM Client fined

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.”

 

Posted by Roger Hart

Estate agent fined £200,000 after house viewing fall

You may recall a national story regarding a viewing which went horribly wrong when a lady fell into a well within the properties garden.  The local estate agent, Strakers (Holdings) Ltd was showing the house to Mr and Mrs Driver and they were told to look around the grounds on arrival.

In the garden Mrs Driver stepped on a wooden board unaware that it was covering a deep well within the property, the board then gave way.  The board gave way and she plunged 30 feet into water below, initially being submerged in water before neighbours found a hosepipe which she managed to secure around her waist.

It was an hour before the emergency services managed to effect a rescue and she was let with head injuries, concussion and post traumatic stress disorder.

It was found in court that viewers were not warned of the presence of the well and a previous buyer had lifted the board and discovered the presence of the well.  An employee of the defendant had then visited the property and noted the wooden board but had assumed that a metal grill would had been beneath it but, crucially, had not checked this to be the case, in spite of the condition of the board which looked unsupportive.

Estate agent prosecuted

Strakers (Holdings) Limited pleaded guilty to breaching s.3 (1)Health and Safety at Work Act 1974 and was fined £200,000 plus costs of £2,474. The size of the fine reflected the fact that the accident could have been fatal and that a number of staff and visitors had been put at risk.

Contact us on 01453 800 100 if you need expert help with health and safety for a fixed cost or request a call back.

Posted by Roger Hart

Slips on Ice… A Case Law example

As we have a cold weather front approaching and some real winter may well be approaching… that leads us to the old stories and tales about slips on ice and who is responsible.

Most of what we hear from good intentioned colleagues has to be taken with a pinch of salt – even advice from experts can be somewhat hit and miss.

We can argue that ice is naturally occurring but case law leads us to recommend that anti slip overshoes or similar may be a wise investment for some staff, particularly those visiting homes without the benefit industrial footwear.

Read on below for some case law covering a real slips on ice case.

Kennedy v Cordia

This is one of the most significant cases in this area and concerns a care home worker who, in December 2010, slipped on a path. She had been making an essential visit during that period of very cold weather, wearing flat shoes with some ridging of the soles but they were not a match for the icy path conditions.  She fell and broke her wrist and the case was eventually heard at the Scottish Court of Session in August 2013 where the Court found in her favour and against her employer, Cordia (Services) LLP.

However, her employer appealed the case and was successful in its defence BUT the case was then referred to the Supreme Court which then concluded that Cordia (Services) LLP were liable after all.  Hope you are following this so far!

The above gives some insight into both the legal process and the difficulty of the courts in deciding who is actually at fault. The key issue was the fact that icy conditions had been identified as a risk AND that similar accidents had occurred in the past, this meant that ice could be seen then as an obvious hazard affecting the worker.

One other key fact was that staff were advised to wear appropriate footwear but that this was not specified in terms of what appropriate was.  Other similar businesses (mostly larger ones) had begun to provide anti slip over shoes (Yaktrax and similar) and it was decided that their provision would have been reasonable to expect in the circumstances.  The company was found guilty under the Personal Protective Equipment at Work Regulations 1992.

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 to request a call back

Posted by Roger Hart

CDM Client and their Contractors fined more than £1.5m

A local authority (acting as a CDM Client) and its two contractors have been fined in excess of £1.5 million following two incidents involving roadworks on a busy Liverpool city centre road. A man died and another was seriously injured while attempting to cross Queens Drive in Liverpool during major resurfacing works which happened in the summer of 2012.

CDM Client fined more than £1.5m

In the case, heard at Liverpool Crown Court, it was reported that on the 3 July 2012 a 74-year-old man suffered head injuries after he was hit by a car while using a crossing at temporary lights. One side of the Queen’s Drive dual carriageway had been put into a contraflow to allow vehicles to travel in both directions but temporary pedestrian lights were not working and no alternative was provided.HSE

The Court also heard that on the 19th August 2012, 69-year-old Ernest Haughton died when he was struck by a car whilst crossing a single lane of traffic on the same road using a temporary pedestrian crossing.

Following complaints from motorists changes were made to the traffic control lights to alleviate congestion but this  resulted in the removal of the natural break in traffic flow needed to allow pedestrians to safely cross the carriageway.

When Mr Haughton died the temporary lights were removed but no alternative control measures were put in place to enable pedestrians to cross. In addition, a large A-frame sign was placed on the crossing which obscured the view of both pedestrians and motorists.

Liverpool City Council pleaded guilty to breaching Regulation 9(1) of the Construction (Design and Management) Regulations 2007 (CDM) and were fined £15,000 and ordered to pay £100,000 costs.

HSE investigators found that Liverpool City Council had failed to ensure that the arrangements for managing the roadworks were suitable, including failing to appoint a suitable co-ordinator for the work. Instead the council sought to delegate responsibilities to Enterprise Liverpool Limited who pleaded guilty to breaching Regulation 22(1) of the Construction (Design and Management) Regulations 2007 (CDM) and were fined £25,000 and ordered to pay £80,000 costs.

HSE found that Enterprise Liverpool Limited failed to ensure the designs for the traffic management were checked or approved and failed to check that the construction plan for pedestrian routes and provision of barriers was being followed.  At the time of the incidents they were found not to have provided a safe means of pedestrians crossing the works area or the carriageway.

Tarmac Trading Limited of Solihull, pleaded guilty to Section 3(1) of the Health and Safety at Work etc. Act, 1974 and were fined £1.3 million and ordered to pay £130,000 costs.

Tarmac Trading Limited, who were responsible for the provision and installation of the traffic and pedestrian management, failed to provide alternative assistance for pedestrians at the time of the first incident despite it being known that the temporary lights were broken. A temporary bus stop had also been placed in the middle of the road at the crossing.

HSE Inspector Jacqueline Western commented:

“The risks associated with road works are well known in the industry and specific guidance is available to assist with the planning and implementation. It is not unreasonable to expect that those who regularly engage in this type of construction work should be well aware of their roles and responsibilities.

The combined failure of all three dutyholders to comply with their duties on more than one occasion during the Queens Drive resurfacing project, led to one man losing his life and another suffering serious injury. It could quite easily have been two fatal incidents.

By engaging with the entire project team at the very start of a project, clients like Liverpool City Council, can ensure that a good health and safety culture is embodied throughout the life of the project. Ongoing communication and cooperation between the principal contractors and sub-contractors ensures that the project is being adequately planned, managed and monitored.”

Contact us on 01453 800 100 if you need expert help with health and safety for a fixed cost or use our contact us page.

 

Posted by Roger Hart

HSE fines increase by 43 percent

Between February 2016 and August 2016, we have seen a significant HSE Fines increase. These totalled totalled £20.6 million, compared to £14.4 million in February 2015 to August 2015 (please note that these costs may in fact be significantly higher as the data does not include sentences imposed in cases prosecuted by local authorities).

HSE fines increase by 43 percent

In the past few weeks alone there have been a number of high value, high profile fines, including:HSE

It seems that for medium sized businesses fines are now routinely hitting the £1m point, indeed it has been argued that under the new Sentencing Guidelines ‘very large businesses’ (those with a turnover in excess of £50m) may see fines as high as £100m becoming common place.

Now may be the time to review your current board level arrangements for health and safety, ensure that you are treating it with the importance it deserves and documenting the good practice you have in place.  Consider a Gap Analysis from one of our experts as a good place to start.

Contact us on 01453 800 100 if you need expert help with health and safety for a fixed cost or request a call back.

Posted by Roger Hart