£100k fine for health surveillance failings leading to HAVS

Hand Arm Vibration (HAVS) is something which we have covered many times before but an area in which many still have a way to go.  The following prosecution illustrates just how many are still getting it wrong and the suffering which is resulting from this.

If you’re a safety advisor or manager within an organisation who feels they should be doing more, the case below should help you justify to your board the actions which you need to take to protect them, your staff and the business.  If you need advice or support on HAVS then please do get in touch – it’s just one of the things we do to help and support our clients under Safety~net.

South Wales based Charter Housing Association fined £100k for health surveillance failings which led to HAVS

Cwmbran Magistrates’ Court heard how Charter Housing Association Ltd. reported six cases of HAVS following a health surveillance programme launched in June 2015. The affected employees were all part of the maintenance team.  Subsequently, the HSE’s investigation found that the health of six of these staff were likely to have been caused or worsened by the use of vibratory power tools while in Charter Housing’s employment.  It was further found that maintenance and refurbishment staff had also experienced significant exposure to hand arm vibration in their daily work which put them at risk of developing or exacerbating existing HAVS.

The investigation also revealed that the company:

  1. neither adequately planned its working methods nor trained or informed employees on the risks to their health
  2. did not limit the duration and magnitude of exposure to vibration
  3. failed to put in place suitable health surveillance to identify problems at an early stage.

Charter Housing Association Ltd (now part of Pobl Group Ltd) of High Street, Newport pleaded guilty to breaching Regulations 5, 6, 7 and 8 of the Control of Vibration at Work Regulations 2005. The company was fined £100,000 and was ordered to pay costs of £9,896.88.

HSE Comment

Speaking after the hearing HSE inspector Joanne Carter said:

“An individuals health should not be made worse by the work they do. If Charter Housing had correctly implemented its health surveillance earlier, it would have ensured the right systems were in place to monitor workers’ health. The six affected employees’ conditions may have been prevented from developing to a more severe stage.”

“How people work today can affect their health and wellbeing tomorrow. This case serves as an important reminder of the necessity of task based risk assessments to establish the level of exposure, control measures to reduce that exposure to as low as is reasonably practicable and effective health surveillance systems. In the case of Charter Housing this realisation came too late.”

“All employers need to do the right thing to protect workers’ health.”

Hand Arm Vibration Syndrome (HAVS) is a serious and permanent condition caused by regular and frequent exposure to hand-arm vibration. HAVS results in tingling, numbness, pain and loss of strength in the hands which may affect the ability to do work safely and cause pain, distress and sleep disturbance.

Posted by Roger Hart

CDM Principal Designer avoid HSE enforcement under CDM 2015

You might well find the following report of interest if you’re in construction, particularly if you’re CDM Principal Designer.  For those of you living in the South-west you might be interested to know that Bristol came second in the list for most enforcement notices issued under CDM 2015 (just behind Hammersmith in London)!

We’ve just had a full year of CDM 2015 and the conversations regarding client and designers and their specific role in the new regulations are ongoing.  Coupled to this HSE now have a specialist team visiting designers (architects and similar) to ensure that the message of CDM 2015 and its specific requirements related to the assessment of risk at the design stage are fully implemented by the CDM Principal Designer.

CDM Principal Designer: Take a look at the report below

MPW R&R Ltd CDM Principal Designer avoid enforcement

If you’d like a quick summary please read on below;

  • total number of enforcement notices issued to the construction sector related to CDM 2015: 3155
  • of this number the total of prohibition notices issue: 1793
  • of this number the total of improvement notices issued: 1362
  • number of regulatory breaches these notices listed: 7993
  • Most breached regulation: HASWA: 3391
  • Second most breached regulation: Work at Height: 1790
  • Third most breached regulation: CDM 2015: 1669

Interestingly, there were 99 potential breaches of Client duties under CDM but only 5 potential breaches of duty by Principal Designers and just 2 potential breaches by Designers.

An accurate depiction of the real state of the CDM 2015 Regulations?  We’ll leave you to decide…

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

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

Lack of experience leads to Principal Contractor being fined £360k

Both a Principal Contractor and other contractors have been fined following a worker falling over 7 metres through a fragile roof which was being replaced.

Our belief is that the client was lucky not to be prosecuted as a key requirement on them is to ensure that those they appoint are competent and adequately resourced – a point of note for all clients.  If the case had been heard under the 2015 Regs the client would also be likely to have been found guilty.

Rafal Myslimm was standing on a asbestos sheeting when this gave way and he fell to the concrete floor below, as he fell he hit a number of metal pipes – no safety netting or other fall protection had been provided, he suffered a haematoma to the brain.

HSE found that three companies were at fault, Dengie Crops Ltd had contracted Ernest Doe & Sons Ltd, an agricultural machinery supplier, to help the company replace their roof.  However, they recognised that they themselves lacked the appropriate experience and subcontracted the work to Balsham ( Buildings) Ltd.

Balsham assessed the requirements and subsequently subcontracted the replacement work to Strong Clad Ltd.. However, Ernest Doe & Sons Ltd remained the Principal Contractor under the CDM Regulations but were unable to perform this role effectively due to their lack of experience in construction, it shoudl be noted that Balsham had highlighted to them the risk of a fall.

Outcomes

None of the three parties involved put in place safety measures for the 40% of the roof which was not protected with safety netting and relied too heavily on the verbal briefings to workers regarding where the netting was situated, rather than simply putting in place these measures for the whole roof.

  • Ernest Doe & Sons Ltd – of Ulting, Essex, pleaded guilty to breaching Regulation 22 of the Construction (Design and Management) Regulations 2007 and were fined £360,000 and ordered to pay costs of £10,000
  • Balsham (Buildings) Ltd – of Balsham, Cambridge, pleaded guilty to breaching 4(1)(a) and 4(1)(c) of the Work at Height Regulation 2005. They were fined £45,000 and ordered to pay costs of £7,000
  • Strong Clad Ltd – of Castle Hedingham, Essex, pleaded guilty to breaching 4(1)(a) and 4(1)(c) of the Work at Height Regulation 2005. They were fined £7,000 and ordered to pay costs of £3,000

HSE inspector Adam Hills said:

“The dangers of working on fragile roofs are well documented. Every year too many people are killed or seriously injured due to falls from height while carrying out this work.

Work at height requires adequate planning, organisation and communication between all parties. This incident was entirely preventable and Mr Myslim is lucky to be alive.”

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

Shockingly Good Advice; Free Event from WWT Southwest

Don’t miss this opportunity to hear from experts on exactly how to HSEkeep you staff safe when working with electricity. To secure a place(s) please complete the registration page at: Shockingly Good Advice; Free Event from WWT Southwest; Book your free place now! 

Topics covered will include:

  • Electrical safety;
  • Management and planning of Asbestos & Non-licensed removal;
  • Introduction to HAVCR safety;cropped-OS-Logo-Email.jpg
  • Managing stress and behavior in the workplace;
  • Cable detection – a practical approach.

The event will consist of talks and demonstrations with the opportunity to ask questions from those within the industry. Whether you are a self-employed jobbing builder or run a small building company this free event is a must.

Programme

The Event will run from 08:00am to 12:00 noon

  • 8.00 a.m. – 9.00 a.m. – Registration/breakfast rolls & tea/coffee
  • 9.00 a.m – 9.05 a.m. – Welcome & Introduction – Chair WWT SW
  • 9.05 a.m. – 12.00 noon- The programme will consist of talks and demonstrations on:-
    • Electrical Awareness, including Electrical Safe Isolation, Accidental Procedures, Complacency, Water with Electrics, PAT Testing
    • Asbestos Awareness & Non-licensed removal overview management and planning
    • HVAC Service & Maintenance in the Building Services industry – features and benefits
    • CAT & Genny – practical demonstration
    • Stress in the workplace – Signs of stress and how to manage

You will be asked to complete a feedback form in return for a attendance certificate.

For further information contact Tina Smith T: 01453 828555 Email: tsmith@sanctustraining.co.uk

Mid-morning Break will include Tea/Coffee with Breakfast Roll. You will be asked to complete a feedback form in return for an  attendance certificate.

The event will consist of talks and demonstrations with the opportunity to ask questions from those within the industry as well as an HSE inspector.

Whether you are a self-employed jobbing builder or run a small building company this free event is a must. Places at this event are limited and it is likely to be highly popular – BOOK NOW!

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

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

CDM Client prosecuted for failing to appoint a Principal Contractor

A CDM Client which failed to appoint a Principal Contractor under the CDM Regulations 2015 has been prosecuted and fined £50,000cdm-2015

Any Client who has building work completed which falls under CDM must appoint a Principal Designer and Principal Contractor in writing – this is one of the key requirements placed on any client under the regulations.

The CDM Client (Ziman Trading Ltd) was developing the New York Hotel in Porth when an investigation found that the company had failed to put in place appropriate measures to control risks from risk on site including fire, asbestos and falls from height.  To compound matters, Ziman Trading also failed to co-operate with the investigation and to comply with the enforcement action taken by HSE.

Ziman Trading Limited, of Cefn Coed Road, Cyncoed, Cardiff, pleaded guilty to breaching Regulation 13(1) of the Construction (Design and Management) Regulations 2015 and Section 33(1)(G) of the Health and Safety at Work etc. Act 1974. The company was fined £50,000 and ordered to pay costs of £5,478.

CDM Client prosecuted for failing to appoint a Principal Contractor;

  • Construction (Design and Management) Regulations 2015  – Regulation 13(1) which requires a principal contractor to plan, manage and monitor the construction phase and coordinate matters relating to health and safety during the construction phase to ensure the construction work is carried out without risks to health or safety.
  • Health and Safety at Work etc. Act 1974 – Section 33(1)(G) which is an offence to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice.

If you’re a client with CDM responsibilities please contact us on 01453 800100 or use the links above and below to find out more about how we can support you.  We’ve been involved with CDM Client support since the very start of the CDM Regulations back in 1995 and have several key staff who are very experienced CDM Consultants.

Find out more about the CDM Regulations here; HSE CDM 2015 Regulations; frequently asked questions  If you have specific questions please contact us or call us on 01453 80010 to discuss them.

For details of our experience with CDM see this link; Meet the Team

To watch our video on the CDM Regulations 2015 please click this link; CDM Regulations 2015 An Explanation

Posted by Roger Hart