February 2007
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Who |
In The Pink Leisure Ltd and Eclipse Developments Ltd |
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When |
28 Feb 2007 |
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Where |
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Why |
In The Pink Leisure Ltd of |
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How Much? |
£25,000 plus costs across the 2 parties |
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Who |
Michael Allinson and |
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When |
22 Feb 2007 |
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Where |
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Why |
Michael Allinson of |
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How Much? |
£3,000 plus costs across the 2 parties |
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Who |
HBR (North) Ltd |
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When |
22 Feb 2007 |
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Where |
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Why |
HBR (North) Ltd of Dunnington, York pleaded guilty in York Magistrates' Court to a charges under Section 3 (2) of the Health and Safety at Work etc Act 1974, and Regulation 6(3) of the Work at Height Regulations 2005, for failing to prevent the fall of a contractor through a large opening in the floor left by the removal of a dust extractor. The contractor, who worked for AMG Ltd, was installing a compressor when he fell through the hole to the floor two metres below, pulling the equipment weighing 120 kg on top of him. As a result he fractured his pelvis and spine in several places, was hospitalised for a number of weeks and remains in pain and unable to work. HSE Inspector Andrea Lowe, who investigated the case, says: "This was an incident with very serious consequences, but what makes it even more tragic is the fact that it could have been so easily avoided with some forethought and planning. The company failed to plan or supervise the work, and did not consider maintenance and the risks that would be involved in future work at height. It is a basic requirement, when looking at any such project, to 'plan to avoid' such work - in this case, for example, they should have considered the viability of siting the compressor at ground floor level. The company has now covered the hole in the floor, but unfortunately it has taken a life-threatening event to bring about a common-sense decision." Falls from height are the most common cause of fatal injury and the second most common cause of major injury to employees, accounting for around 15% of all such injuries. |
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How Much? |
£10,000 plus costs |
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Who |
Southern Cross Healthcare |
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When |
16 Feb 2007 |
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Where |
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Why |
The case was brought by the HSE follows its investigation into the death of a 69 year old resident, who suffocated in her bed at Hornegarth nursing home on 15 April 2005 after becoming trapped by the legs in a gap between one of the bedrails on her bed and the beds mattress. Speaking after the case, HSE investigating inspector Andrew Bowker said: "The death of Margaret O'Mara was the tragic result of a failure by Hornegarth nursing home to follow its own quality procedures relating to the safe use of bedrails. There was a catalogue of errors at the home that resulted in Margaret being exposed to unnecessary risk. Her room had both incorrectly fitted bedrails and an incorrectly fitted pressure mattress. The care staff who were required to fit this equipment had not been trained on how to do the job properly and had no access to instructions. Risk assessment documentation specifically designed to guide staff through the safe use of this equipment was not being used at the site." Margaret O'Mara from Great Wyrley, Cannock, suffocated when she became trapped in a gap between one of the bedrails on her bed and the bed mattress. She had very limited upper body movement and could not free herself from a face down position once her legs were trapped. The accident happened at Hornegarth nursing home, Great Wyrley, Cannock. Southern Cross Health Care Group PLC, from Darlington, |
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How Much? |
£175,000 plus costs |
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Who |
Enviro-Waste Ltd |
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When |
15 Feb 2007 |
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Where |
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Why |
The prosecution was brought by the Health and Safety Executive (HSE) following the deaths of three employees in Thetford, |
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How Much? |
£72,000 plus costs |
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Who |
Shabir Naseem t/a SH Builders |
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When |
15 Feb 2007 |
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Where |
Calderdale |
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Why |
A builder has been sentenced to 200 hours community service, together with a fine of £7,500 and costs of £7,190.58, for breaching a Prohibition Notice which ordered him to stop him work on a site in Elland where a building under development later collapsed. Shabir Naseem (trading as SH Builders) of Fartown, Huddersfield, pleaded guilty at Calderdale Magistrates' Court to charges of breaching the Health and Safety at Work etc Act 1974 (the HSW Act) brought by HSE. Despite the Prohibition Notice, Mr Naseem continued to manage construction work without the necessary knowledge, qualifications and understanding of health and safety law and did so in such a manner as to cause a partial collapse of the former Sunset amusement arcade at the junction of |
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How Much? |
£7,500 plus costs |
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Who |
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When |
9 Feb 2007 |
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Where |
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Why |
The HSE is urging local authorities to review how they maintain their railings and fences, following the death of 12 year-old Vicky Thomas. Vicky died after a section of fence at Osmaston Park in Derby collapsed on 12 May 2003. HSE successfully prosecuted Derby City Council, who today (9 February) pleaded guilty to breaching S3(1) of the Health and Safety at Work Act by not ensuring that the railings were maintained. They were fined £42,000 and ordered to pay costs of £58,000 at Derby Crown Court. |
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How Much? |
£42,000 plus costs |
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Who |
William Hargreaves Ltd |
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When |
8 Feb 2007 |
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Where |
Hyndburn |
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Why |
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How Much? |
£1,500 plus costs |
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Who |
LCL Electronics Ltd |
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When |
6 Feb 2007 |
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Where |
Loughborough |
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Why |
In April 2006 Leicestershire man Mr Warren Hurst, a contractor working on behalf of LCL Electronics Ltd to install an extraction system at the firm's base on Craftmans Way, was injured when he fell three metres from a ladder and suffered fractures to both of his wrists. On 6 February the company pleaded guilty to contravening Work at Height Regulations 2005 and was fined £1,500 and ordered to pay costs of £5,438. Leicestershire HSE Principal Inspector John Marshall said: "Although this was a nasty injury, it could easily have been a lot worse - every year people working at height lose their lives or suffer serious injury, people have been killed or left disabled from shorter falls from this. Employers need to ensure that work is properly planned for. Had the company assessed the work the ladder would have been identified as unsuitable for the task. Companies need to be aware of the risks of working at height and need to ensure that any work carried out has been properly planned - including carrying out a risk assessment. There are some very simple steps that need to be taken before carrying out any work at height: 1. Plan the work in advance including how you will gain access and how will you prevent falls; 2. Implement the control measures identified in the plan e.g. hire in a cherry picker, protect fragile surfaces; 3. Supervise the work so that the plan is followed and the safety measures are used. Every job is different and you need to go through these steps every time. These precautions are not new and HSE has produced lots of guidance which is freely available on the website. "Firms need to ensure they have devised a proper method for doing the job - some employers clearly need to raise their game to stay on the right side of the law." |
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How Much? |
£1,500 plus costs |
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Who |
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When |
5 Feb 2007 |
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Where |
Folkestone |
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Why |
Two partners from a building firm were been fined £10,000 each and ordered to pay £1,290 each in costs at Folkestone Magistrates Court as a result of an incident which left a teenager with a fractured skull and a brain haemorrhage. Peter Swinbourne and Nicholas Rawlins, who traded jointly as Dover Building and Property Maintenance based at Threeways, Hollands Hill, Martin Mill, Dover, were prosecuted under Section 2(1) of the Health and Safety at Work etc Act 1974 following the incident which took place in Folkestone Road, Dover on 2nd October 2006. Martin Sankey, 16, from Dover was working for the company to gain experience while on a college bricklaying course. On his second day he was asked to clear some materials from the second floor of the development, on the site of the former Webbs Hotel. As Mr Sankey was on the second floor, he blacked out and fell through the hole of a lift well that was under construction. He fell almost 5.9 metres (19 feet) to the ground floor, suffering a fractured skull, a brain haemorrhage, facial and leg injuries and extensive bruising. If a basic temporary guard had been constructed around the lift well, work could have carried on in the area unhindered as well as protecting workers like Mr Sankey who were passing through the area. John Underwood, HM Inspector of Health and Safety, said: "The construction industry continues to have a poor record regarding falls from height, which dominate the accident statistics despite a major effort by the industry and the HSE. Any weakness in the system of work or controls used to prevent falls can lead to dramatic and life threatening accidents. If those in control fail to insist on a high standard at all times then accidents will continue to occur. It is particularly ironic that Martin's accident occurred when he became ill and collapsed but both Martin and other workers on the site were equally likely to fall from an unprotected open edge by a slip or a trip. The level of fine awarded against the partners shows how seriously the Court viewed this failure to look after a completely inexperienced young person but illness at work is probably more likely to involve older workers. This accident was totally preventable in that a very basic timber or scaffold edge protection barrier would have prevented anyone working near the lift well or moving past it from falling." |
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How Much? |
£20,000 plus costs |
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Who |
LINPAC Materials Handling UK Ltd |
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When |
5 Feb 2007 |
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Where |
Aldridge and |
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Why |
LINPAC Materials Handling UK Ltd was fined £2,500 and costs of £13,000 at Aldridge and Walsall Magistrates' Court on Monday 5 February after pleading guilty to a breach of Section 2(1) of the Health and Safety at Work etc Act 1974, for failing to adequately control the risks from legionella at their Walsall site between 5 January and 3 March 2004. Speaking after the case, HSE investigating inspector Angela Gallagher said: "Companies need to be aware that any system containing water at a temperature likely to exceed 20oC and which may release an aerosol during operation or maintenance presents a foreseeable risk of exposure to legionella bacteria. Linpac had neglected to take action to control that risk in their chiller system. They had also failed to prevent unsafe working practices which created exposure to potentially infected aerosols." During a visit to the Linpac site at Newfield Close, Green Lane, Walsall, HSE inspectors found evidence of poor maintenance of the chiller unit at the factory. There was also a lack of biocide treatment - used to inhibit the growth of legionella - within the unit. |
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How Much? |
£2,500 plus costs |
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Who |
BUPA Care Homes (CFC) Ltd |
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When |
2 Feb 2007 |
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Where |
Frome |
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Why |
The company was prosecuted at Frome Magistrates Courts under Section 3 (1) of the Health and Safety at Work Act 1974 and Regulation 4 (3) of the Provision and Use of Work Equipment Regulations 1998, following an incident three years ago at the Clare Hall Nursing Home in Stone Easton, Somerset. The company pleaded guilty to both charges and was fined £18,000 for the Section 3 and £5,000 for the Regulation 4; it was also ordered to pay full costs of £12, 607.60. HSE conducted a joint investigation with the Commission for Social Care Inspection (CSCI) following the death of an 80-year-old resident, Eleanor Newton, at the Somerset care home on 17 April 2004. Mrs Newton was found entrapped in a set of bed rails fitted to her bed and died shortly afterwards. The post mortem on Mrs Newton's death was 'indeterminate' and did not establish a direct link between the entrapment and cause of death. However, it is evident that Mrs Newton was in a situation of high risk and HSE secured a successful prosecution relating to the company's failure to ensure that BUPA's overall bed rail policy was properly implemented at Clare Hall. This failure resulted in poor risk assessment and awareness of potential risks, inadequate staff training and unsuitable rails being used. HSE Inspector, Helen Sherwood, who investigated the case, said: "This prosecution should send a clear message to all care home owners about the risks associated with their everyday equipment. Bed rails might look harmless but if they are incorrectly fitted or if unsuitable rails are used or if staff are inadequately trained - particularly in the case of elderly and frail residents - then they could pose a real danger. I'm pleased to say that Clare Hall and BUPA overall responded very positively to the two enforcement notices served during our joint investigation with CSCI and improvements have already been made. We now want other care homes to be equally responsible - let's not wait for a tragedy to strike before the message gets through." |
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How Much? |
£23,000 plus costs |
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Who |
Just Granite Ltd |
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When |
1 Feb 2007 |
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Where |
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Why |
The case brought by the HSE follows its investigation into the death of 52 year old lorry driver Lubomir Tihlar, who was fatally crushed by granite slabs on 7 November 2005. Speaking after the case, HSE investigating inspector Peter Yoxall said: "The death of Mr Tihlar was the tragic result of a failure to take practicable precautions to control the risks associated with the unloading of vehicles that contained granite slabs. Carrying out a risk assessment for workplace transport and making sure that it is practical and effective is sensible health and safety." Mr Tihlar, a lorry driver from the Czech Republic, was fatally crushed when slabs of granite that weighed in excess of six tonnes fell and trapped him. The accident happened at Just Granite Ltd's site at Pillaton Hall Farm, Pillaton, Penkridge, Stafford. Just Granite Ltd pleaded guilty to a breach of section 3(1) of the Health and Safety at Work etc Act 1974 and Regulation 3(1) of the Management of Health & Safety at Work Regulations 1999. |
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How Much? |
£10,000 plus costs |