Who

Josiah Wedgwood & Sons Ltd and Hough Engineering Ltd

When

30 March 07

Where

Stoke on Trent Crown Court

Why

Hough Engineering Ltd was fined £20,000 and costs of £10,000 at Stoke on Trent Crown Court following an accident which resulted in Mr Andrew Cotton, an employee, falling 6.2 metres through a fragile skylight. Mr Cotton sustained serious injuries including multiple fractures.   Josiah Wedgwood and Sons Ltd were also prosecuted and fined £60,000 and costs of £17,837 for contracting Hough Engineering Ltd to undertake work to a warehouse when they failed to control of the contractors at this remote site.  Prosecuting HSE Inspector, David Brassington said: "Experience shows that falls from height usually occur as a result of poor management control rather than because of equipment failure. On this occasion the roof repair activity was allowed to commence without the provision of any precautions, such as close hung safety nets and platforms with edge protection, which would have prevented the fall. Companies need to realise the necessity of implementing appropriate safety measures and management systems to provide a safe working environment, preventing falls and avoiding injury."  The accident occurred on 6 May 2003 when Mr Andrew Cotton from Newcastle under Lyme fell through a fragile skylight whilst undertaking roof repairs as an employee of Hough Engineering Ltd of Silverdale, Newcastle under Lyme. The accident happened at Josiah Wedgwood and Sons Ltd warehouse at Parkhouse Industrial Estate West, Chesterton, Newcastle under Lyme.  Josiah Wedgwood and Sons Ltd pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc Act 1974.  Hough Engineering Ltd pleaded guilty to a breach of Section 2(1) of the Health and Safety at Work etc Act 1974; and guilty to a breach of Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999.

How Much?

£80,000 plus costs across the 2 parties

Who

Guy Leasing Ltd and James Walsh

When

30 March 07

Where

Why

A Southport company and a self employed Kirkby man were fined a total of £12,000 and ordered to pay costs of £5,245 after pleading guilty to three criminal charges brought by the HSE following the electrocution of 48 year old Burscough resident Robert Davies.  Mr Davies was electrocuted at the Guys Industrial Estate on Tollgate Road in Burscough, Lancashire on 19 August 2005 when a vehicle mounted crane came into contact with overhead electricity cables during the repositioning of portable buildings.  HSE Inspector Michael Clarke, who investigated the incident, said: "Operators of vehicle mounted cranes must not take chances when required to work near overhead high voltage cables. They must make sure that the cables are not live or where that is not possible take extra precautions to prevent contact with the cables. Furthermore, occupiers of sites with overhead high voltage electricity cables must take appropriate measures to control lifting activities and prevent inadvertent contact with such cables. The tragic death of Mr Davies was avoidable."  Mr Davies worked alone in the repair and refurbishment of portakabins. A Portakabin that he had sold was being removed from the site by James Walsh on a transporter vehicle fitted with a HIAB crane. The transporter vehicle was being operated by Mr Walsh who had carried out this type of removal before.  The Portakabin had been lifted on to the vehicle by Mr Walsh who was in the process of lowering the crane to its resting position when it came into contact with an overhead high voltage cable. Mr Davies was stowing metal ladders on the vehicle when the crane contacted the cable. It is essential that operators of vehicle mounted cranes thoroughly assess the areas in which they carry out lifting activities and identify the presence of overhead high voltage cables. They must observe the safety distances prescribed in relevant standards and guidance and must not take chances near these type of cables.  Mr Davies' employer Guy Leasing Ltd of Kensington Road in Souhport pleaded guilty to a charge under Section 2(1) of the Health and Safety at Work Act in that it failed to ensure the safety of an employee. They were fined £8,000.  Self employed James Walsh of Aspen Close, Shevington Park in Kirkby pleaded guilty to two charges:  that he breached Section 3(2) of the Health and Safety at Work Act in that he failed to conduct his undertaking - namely the delivery, removal, repositioning and transport of portable buildings - in such a way as to ensure the safety of people not in his employment - £2,600 fine; and  that he breached Regulation 14 of the Electricity at Work Regulations 1989 in that he and Robert Davies were repositioning and removing portable buildings and using a vehicle mounted crane so close to overhead electricity cables that danger might arise - £1,400 fine.

How Much?

£12,000 plus costs across the 2 parties

Who

Adis Scaffolding Ltd

When

29 March 07

Where

Chesterfield Magistrates Court

Why

Adis Scaffolding Limited of Duckmanton, Chesterfield were fined £10,000 and ordered to pay £3,046 costs at Chesterfield Magistrates Court after pleading guilty at an earlier hearing at these courts on 7 March 2007 to charges brought by HSE. The case involved a 15 year-old student on work experience who broke his right leg after he got off a forklift truck that was still moving.  Matthew Nash, from Bolsover School, broke his right leg when he got off the forklift truck, which he was traveling on as an unauthorised passenger, at the company's premises on 19 May 2005. The forklift truck was being driven by an unauthorised 16 year-old employee.  Derbyshire HSE Inspector Kevin Wilson said:  "This incident could have been prevented if the company had provided adequate supervision for the student and the young employee. The employee should not have been able to drive the fork lift truck, as he was not authorised to do so and had not received appropriate training, the student should also not have been able to ride on the truck.  Young people, especially those new to the workplace or on work experience, will encounter unfamiliar risks from the jobs they're doing and from the working environment.  Their lack of experience, absence of awareness of existing or potential risks and lack of maturity mean that they need proper supervision and had this been provided it's unlikely this accident would have taken place. "The starting point for employers taking students on work experience is to conduct a young persons risk assessment. This should identify the controls necessary and the level of supervision required to ensure their health and safety. Work experience students are regarded as employees under health and safety legislation and are protected as such under health and safety law. "

How Much?

£10,000 plus costs

Who

Tex Industrial Plastics Ltd

When

29 March 07

Where

Southern Derbyshire Magistrates Court

Why

The Health and Safety Executive (HSE) is warning firms to make sure adequate training and supervision is in place for staff involved in unfamiliar tasks following a serious incident at Tex Industrial Plastics Ltd 'Factory 2' on Wetherby Road, Derby. The incident happened on 10 February 2006 when Christopher Bird, aged 36, from Derby suffered substantial injuries including fractures to both legs, pelvis, collar bone and jaw, when a printer being moved on the forks of a lift truck fell on him when the driver reversed up a slope.  Tex Industrial Plastics Ltd of Claydon Industrial Park, Great Blakenham, Ipswich, IP6 0NL pleaded guilty to contravening the Lifting Operations and Lifting Equipment Regulations 1998 and was fined £3,235 and ordered to pay £1,158.20 costs.  HSE Inspector Melvin Sandell said:  "This injury could have been easily avoided if proper planning and supervision had been in place. The forklift truck driver had not previously moved loads with offset centres of gravity and the company had not told him that this was the case with this printer. Whilst this was an unusual lift, the mistakes made were simple and could have been avoided if the employer had planned the job properly and then supervised it. "Companies need to be aware that they have responsibilities to ensure that work is carried out by a sufficiently competent member of staff, that it has been properly planned and that work by inexperienced staff is properly supervised."

How Much?

£3,235 plus costs

Who

Durham County Council

When

28 March 07

Where

Why

Durham County Council was fined a total of £20,000 today for five health and safety offences arsing from an incident in which a 100-tonne mobile crane overturned into a culvert where men were working.  The incident occurred on 1 August 2005 in Front Street, Pelton Fell, County Durham, when the council was constructing an extension to an existing culvert and repairing the head wall of the culvert.  HSE Inspector Michael Brown said:  "The council ordered a crane and operator from contractors to lower materials into the culvert where they were working, which was about 30 metres below road level. A 60-tonne crane was sent to the site but did not have sufficient reach, so a 100-tonne crane was sent.  Its outriggers were placed on the earth at the top of the embankment where there was insufficient bearing capacity. The ground gave way and the crane toppled into the culvert. It missed the five men working in the culvert by no more than five metres.  "The site manager had been called away and the foreman who was left in charge did not have training or knowledge of lifting operations, and the operation was not properly planned or adequately supervised. "In addition, a nearby public footpath from a housing estate to Front Street had not been closed off, though there is no evidence that members of the public were in the vicinity at the time".  The council was fined £7,000 each for failing to ensure the safety of its employees; and failing to ensure that people affected by their work but not employed by them were not exposed to risks; and £2,000 each for failing to ensure every lifting operation was carried out in a safe manner; failing to ensure every lifting operation was appropriately supervised; and failing to ensure every lifting operation was properly planned. It admitted all the offences. The council was also ordered to pay £3,103 costs.

How Much?

£20,000 plus costs

Who

GDM Partnership Building Services Consultants Ltd

When

27 March 07

Where

Basingstoke Magistrates Court

Why

GDM Partnership Building Services Consultants Ltd were fined £15,000 and ordered to pay £4,230 in costs at Basingstoke Magistrates Court for breaches of Health and Safety legislation.  The prosecution followed an investigation by the Health & Safety Executive into an incident that occurred on 1st June 2005 at an unoccupied commercial building at Jays Close, Basingstoke. Mr. David Prince was taking measurements of the flat roof when he fell from the edge - a height of approximately 6 metres.  Apart from warning all staff to be careful, GDM took no measures to prevent their employees, including Mr Prince, from falling from the roof.   Mr. David Prince from Tunbridge Wells, Kent, suffered fractures. GDM Partnership Building Services Consultants Ltd from Dartford, Kent, a Building Services and Environmental Engineering practice, was fined £15,000 after being found guilty of breaching Section 2 of the Health and Safety at Work Act 1974.

How Much?

£15,000 plus costs

Who

Bradgate Containers Ltd

When

27 March 07

Where

Loughborough Magistrates Court

Why

Bradgate Containers Ltd of Leicester Road, Shepshed were fined £5000, ordered to pay £5,000 compensation and £1587 costs after pleading guilty to breaching Regulation 4(1)(a) and Regulation 4(1)(c) of the Work at Height Regulations 2005 at Loughborough Magistrates Court.  Welder Richard Brooks, 59, from Shepshed sustained severe head injuries when he landed on the concrete yard surface on 18 September 2006. His fall involved an unsecured aluminium ladder, which was being used as a working place for welding during the building of large shipping containers for housing generators and other equipment packages.   Bradgate Containers Ltd pleaded guilty to a charge of breaching Regulation 4 (1) (a) and (c) of the Work at Height Regulations 2005 of failing to take suitable measures to ensure the work was properly planned and failing to ensure the work was carried out safely.  Roger Amery, HSE Inspector, who prosecuted said:  "These injuries could so easily have been avoided. Health and safety law is not about doing unnecessary stuff; it is about being wise before the event and prioritising risk control effort on the issues that really matter. Falls from height are one of the most common causes of injury and are easily preventable. This is a good firm and an important local manufacturer, but they just didn't have their eye on the ball. The sad consequence was damage to Mr Brooks' brain, a period of great distress for his family and an upsetting time for his workmates at Bradgates; along with harm to this company's reputation. The accident was typical of the type of preventable falls which remain all too common. Had there been a proper plan for this manufacturing work and had good access equipment been in place then this accident would not have happened.  An untied aluminium ladder resting on a metal edge is a recipe for disaster. Employers and employees must work together in order to stamp out this sort of thing.”

How Much?

£5,000 plus costs and compensation

Who

Jomast Developments Ltd

When

26 March 07

Where

Teeside Magistrates Court

Why

Jomast Developments Ltd, of Oriel House, Calverts Lane, Bishop Street, Stockton on Tees, pleaded guilty at Teesside Magistrates Court to five offences in connection with work on a Victorian three-storey commercial building in Silver Street, Stockton, in June 2006. The company was fined £600 for each offence - failing to prevent the exposure of its employees to asbestos; failing to prevent or reduce the spread of asbestos; working with asbestos without a licence; failing to ensure a health and safety plan with the requisite features was in place; and failing to take measures to prevent persons working at height from falling. Rob Hirst, HSE Acting Principal Inspector, said:  "I observed persons working at first floor level whilst refurbishing a 3 storey commercial property. Joiners were at risk of falling due to inadequate precautions on site and a Notice was issued prohibiting the work.  Whilst at the site, I observed material attached to ceiling joists that appeared to resemble asbestos insulating board. Subsequent analysis revealed some of the material was asbestos insulating board (AIB).  Further investigation revealed that inadequate measures had been taken to prevent spread of, and exposure to, asbestos when this was removed.  Companies working with certain types of asbestos must have obtained a licence, must work to strict standards and must ensure their staff have regular training and medical checks. This was not the case in this instance.”

How Much?

£3,000 plus costs

Who

Bau Gmbh and ReConstruction UK Ltd

When

23 March 07

Where

Nottingham Crown Court

Why

Bau GmBH, of Angelburg in Germany and Re-Construction UK Ltd of Quebec Quay in Liverpool were both sentenced at Nottingham Crown Court following poor management during the construction of the Lidl store on Mansfield Road in Nottingham during November 2005. Bau GmBH were fined £100,000 and costs of £6,188. Re-Construction UK Ltd were fined £50,000 and costs of £6,188. HSE Inspectors visited the Lidl site on 11 November 2005 and on three further occasions following nine complaints from members of the public. Investigations revealed the site was not being effectively managed. Three prohibition notices were served to stop the most hazardous activities from being carried out including dangerous working at height and vehicle and pedestrian segregation, safety of excavations, failure to wear the correct PPE, movement of loads around the site and fire safety. As well as the obvious risks to the safety of those on site, there were also potential risks to members of the public. In the two years from July 2003 to November 2005 the two companies were served with seven prohibition notices between them covering working at height, vehicle/pedestrian segregation, electrical matters and excavations.

How Much?

£150,000 plus costs across the 2 parties

Who

Kevin Breithaupt

When

23 March 07

Where

Why

An asbestos analyst was fined £2,500 and ordered to pay £1,500 costs after pleading guilty to a criminal charge brought by the Health and Safety Executive (HSE) after he had issued a clearance certificate after removal of asbestos from the boiler room of a school.  Kevin Breithaupt of Hindley Green, Wigan pleaded guilty to a breach of Section 7 of the Health and Safety at Work Act in that he produced a four stage clearance certificate following removal of asbestos, when asbestos was still present in the boiler room of Maryville Primary School in Prescot.   Sarah Wadham, an HSE Inspector who managed the case says:  "The risk to health from asbestos is well known and others may have been put at risk as they worked in the room following the issue of the certificate.  Our investigation occurred after HSE received a complaint regarding the standard of the asbestos clean in the boiler room at the school.  Knowsley Metropolitan Borough Council had organised for asbestos lagging to be removed from the boiler prior to the removal of the boiler room system.  Following the asbestos removal Mr Breithaupt produced the certificate which was passed to the council and then onto the contractors who were to remove the boiler. Contractors started to work in the boiler room and became concerned about asbestos material left in the room. Three men - Donald Cowperthwaite, Francis Disley and John Appleton - worked in the room for about three hours until a decision was taken to stop work and query the amount of material left.  Lockwoods Technical Services Ltd who were the Principal Contractor for the project commissioned a further asbestos survey and a further clean had to be done. “

How Much?

£2,500 plus costs

Who

Royal United Hospital Bath NHS Trust

When

20 March 07

Where

Bath Magistrates Court

Why

Bath RUH NHS Trust was prosecuted at Bath Magistrates' Courts on 20 March, under the Control of Substances Hazardous to Health Regulations (COSHH) 2002, following the death of a patient (Daryl Eyles) in February 2004 from Legionnaires' disease contracted whilst he was a hospital in-patient. Sentencing took place at Bristol Crown Court on 29 March 2007.  The Trust pleaded guilty to both charges and was fined £40,000 for Regulation 6 and £40,000 for Regulation 7 of the COSHH regulations. It was also ordered to pay full costs of £23,883.  HSE Inspector, Susan Chivers, who investigated the case, said: "This prosecution sends a clear message to all NHS Trusts that they need to assess the risks of Legionella bacteria in their water systems and put in place measures which effectively reduce these risks. They particularly need to ensure that their risk assessment takes into account the vulnerability of certain patients, such as those with reduced immunity to infection. Keeping the risk assessment up-to-date is vital - so whenever changes to water systems or to the use of Trust buildings are planned, then risk assessments and control measures need to be updated accordingly. Additionally, control measures need to be properly monitored to ensure that they continue to be effective. Protecting the health and safety of patients, visitors and employees in this way is a responsibility Trusts must take seriously - not to do so can have fatal consequences."

How Much?

£80,000 plus costs

Who

North East Environmental Ltd

When

16 March 07

Where

North Shields Magistrates Court

Why

North East Environmental Ltd of North Tyneside was engaged last year in the renovation of the former Pipeline Centre at Harvey Combe, Killingworth. The work involved the removal of asbestos for which a licence was required.  The company pleaded guilty at North Shields Magistrates Court to carrying out the work without a licence between 25 September and 10 October 2006. It was fined £4,600 under the Health and Safety at Work Act 1974.  Henry Robinson, a director of the company, of Holmlands, Monkseaton, was also fined £4,600 after he admitted a similar offence.  Costs of £4,917.20 were awarded to the HSE, payment to be divided equally between the company and Mr Robinson. HSE inspector Carol Forster said: "Companies holding a licence for work with asbestos are required to work to strict standards and systems of work, ensure staff have regular medical checks and work within the conditions of their licence. The Asbestos Licensing regime is not a bureaucratic exercise but an important means of controlling work activities with asbestos which is one of the main causes of occupational disease. This was a case of management failure to ensure that the required licence was held and this serves as a reminder that companies risk prosecution if they don't."

How Much?

£4,600 plus costs

Who

Ministry of Defence (Crown Censure)

When

16 March 07

Where

HSE HQ

Why

The HSE called the Ministry of Defence to its London headquarters to answer two Crown censures, both arising from fatalities involving the use of workplace transport. HSE's detailed investigations of these incidents brought to light significant systemic shortcomings in the corporate arrangements for assessing transport risks in the MOD. The MOD was censured under Section 2(1) of the Health and Safety at Work etc Act 1974 (the HSW Act).   Whilst criminal proceedings cannot not be taken against the Crown, administrative procedures, known as Crown censures, are used in circumstances where it is HSE's opinion that, but for Crown immunity, there would have been sufficient evidence to provide a realistic prospect of conviction in the courts.  The first fatality occurred on 22 May 2003. Corporal Thomas Eirian Rees, 32, died as a result of injuries he sustained when he was crushed between two armoured personnel carriers being unloaded from a low loader at Teesport, Middlesbrough, Cleveland.  On 1 May 2004, Lance-Bombardier Robert Wilson, 29, was crushed between a Multiple Launch Rocket System vehicle and a large lift truck at Albemarle Barracks, Northumberland and died from his injuries. Both soldiers were on duty at the time of these incidents and the activities were subject to the full application of the HSW Act as they took place in Great Britain. Dr David Snowball, HSE's Director for Yorkshire & North East Region, said:  "The vehicles involved in these incidents are heavy and powerful and Army personnel have to work closely alongside them. The risk of personal injury is therefore potentially high. In bringing these censures, HSE wishes to emphasise to the MOD, and other employers, the importance of assessing, managing and controlling the operational risks arising from the use of workplace transport."

How Much?

not applicable

Who

E J Lidster and Sons Ltd

When

15 March 07

Where

Sheffield Crown Court

Why

The Barnsley firm was fined £70,000 plus costs of £35,000 after a driver employed by the company was fatally injured by a falling excavator as he attempted to load it on to his flat bed lorry at a site in Sheffield.  E.J. Lidster and Sons Ltd of Burton Grange, Barnsley pleaded guilty at a hearing in Sheffield Crown Court today to a charge laid by the Health and Safety Executive (HSE) under Section 2(1) of the Health and Safety at Work (HSW) etc Act 1974. The charge alleged failure to ensure the safety of an employee, 48 year old John Ferneyhough of Bolton on Dearne who died on 24 September 2004 whilst trying to lift the excavator using a lorry-mounted crane. The hook attachment on the crane failed while the excavator was suspended above the lorry.  HSE Inspector David Stewart said:  "The risks involved in lifting operations and workplace transport should never be underestimated. It is vital that lifting equipment is effectively maintained and lifting operations are planned properly to ensure workers' and public safety.  The underlying cause of this accident was the company's poor maintenance regime for its lorry loader cranes which meant that on the day in question the crane involved was not in a condition fit for use because of earlier damage to the hook."

How Much?

£70,000 plus costs

Who

R P Tyson Construction Ltd

When

13 March 07

Where

Preston Crown Court

Why

Blackpool firm R P Tyson Construction Ltd received fines of £16,000 and were ordered to pay £6,446 costs at Preston Crown Court after pleading guilty to a charge under the Health and Safety at Work etc Act 1974 (HSW Act). The case followed the death of its employee Anthony Isherwood during construction work at Hutton Grammar School near Preston on 29 November 2004.  HSE Inspector Roger Jamson said: "Tony Isherwood was working on the conversion of a gymnasium into classroom space following construction of a new gym elsewhere on site. Part of this work involved building a mezzanine floor supported by steel beams that had been put into place over the previous few days. Packs of corrugated steel floor decking had been temporarily placed on the beams ready to be laid out at a later date.   In the morning Mr Isherwood had started fixing the beams into place but before this was completed he moved to ground level where, with others, he started to build a wall, intended to support the flooring between two of the beams. An all terrain lift truck was being used to bring materials into the gym. When this reversed its mast struck one of the steel beams, which was supporting a pack of floor decking, as one end of the beam had not been fixed into place this caused steel decking to fall onto Mr Isherwood and crush him. He died at the scene a short time after the incident.  In common with many accidents the death of Mr Isherwood had a number of underlying causes, the identification of any one of these factors would have prevented this tragic incident. It is important that anyone in control of a construction site assesses the particular risks involved at their specific site of work and that this is kept up to date as circumstances change. "

How Much?

£16,000 plus costs

Who

University of the Arts London, John Preston and Graham Creswell

When

13 March 07

Where

City of London Magistrates Court

Why

The Health and Safety Executive (HSE) warned firms of the risks of working at height without taking proper precautions following the serious injuries of a contractor and member of the public at the University of the Arts London.  At a hearing on the 8th March 2007 at the City of London Magistrates Court, John Preston and Graham Cresswell were each fined £7,500 after pleading guilty to breaching Section 3(2) of the Health and Safety at Work etc Act 1974 (HSW Act) and the University of the Arts London was fined £20,000 (the maximum fine in the Magistrates Court) after pleading guilty to breaching Section 3(1) of the HSW Act. Costs of £9654 were awarded to HSE.  HSE Inspector Dominic Long said, "This case should act as a wake up call to all firms engaged in working at height to properly consider the serious risks involved. This was an accident which very nearly killed a young man and a member of the public. The accident happened on one of the busiest shopping streets in the UK and it was sheer luck that more people were not killed or injured. It was entirely preventable - had the contractors and the University cooperated with each other in assessing the risks and planning the work being carried out it is very likely that this accident would have been avoided."  Mr Jeremy Davenport suffered multiple injuries including a shattered heel and a broken pelvis when he fell over 5 metres from a ladder he was using for access to a ledge located above the busy shopping area of Oxford Street. He fell onto the ledge and from there to the ground. The ladder he was using also fell from the ledge and struck a member of the public Ms Desislava Ilieva, who was walking underneath at the time. She suffered head and back injuries.

How Much?

£35,000 plus costs across the 3 parties

Who

South West London and St George's Mental Health Trust

When

5 March 07

Where

City of London Magistrates Court

Why

South West London and St George's Mental Health Trust were fined £7500 and asked to pay £3694 costs at City of London Magistrates Court for breach of the Health and Safety at Work etc. Act 1974.  The Health and Safety Executive (HSE) warned the NHS to maintain its properties effectively following the death of 88 year-old William Durrant, who fell during a visit to Springfield University Hospital, London SW17. The incident took place in December 2005, when Mr Durrant was leaving the hospital grounds with his wife after visiting their daughter. He fell, fracturing his hip and wrist and although he was immediately taken to hospital, he died a month later

How Much?

£7,500 plus costs

Who

Michael Tony Mortimer

When

5 March 07

Where

Leicester Crown Court

Why

Michael Tony Mortimer of Merry Lees, Thornton near Coalville was sentenced for contravening the Health and Safety at Work Act and was fined £50,000. Costs were £43,881.  Mortimer had pleaded guilty at an earlier hearing at Loughborough Magistrates on 9 January 2007.  Leicestershire HSE Construction Principal Inspector Steve Spence said:  "This was a tragic accident which killed a young man. It was entirely preventable had the scaffold tower been properly set up and maintained. Every year people working at height lose their lives or suffer serious injury and firms need to exercise sufficient control to prevent this sort of thing happening - including carrying out a proper risk assessment."

How Much?

£50,000 plus costs