JANUARY 2020 JANUARY • CONSTRUCTION HEALTH & SAFETY CONSULTANTS & TRAINERS ISSUE 199 ISSUE
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editorswelcome Duncan Cooper | Director, Callsafe Services
Welcome to the January 2020 • Latest Prosecutions edition of Callsafe Today. I wonder what’s in store for the Free Telephone Compliance next few months with EU Exit in Check Offer the limelight and Coronavirus Callsafe are offering a free making major headlines. The compliance health check, by Grenfell Tower Inquiry continues, telephone, to discuss your current and we await a ruling on whether and future health and safety corporate witnesses can be given needs. Please see page 6 for the immunity from prosecution. ‘Health Check Your Compliance – Can We Help? News Some of the News in this edition Best wishes include exciting articles on: • Workplace Wellbeing Duncan Cooper • HSE & Brexit Guidance for H&S Director | Callsafe Services • IOSH Brexit Hopes
A Yardley House, 11 Horsefair, Rugeley, Staffordshire WS15 2EJ T 01889 577 701 E [email protected] W www.callsafe-services.co.uk
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3 IOSH Brexit Hopes
Brexit must build, not erode, the UK’s world-leading safety and health system,’ the Institution of Occupational Safety and Health (IOSH) has urged recently.
A transition period until 31 December 2020 will follow the UK’s departure from the European Union, with trade and other negotiations taking place in the coming months and years.
The EU (Withdrawal) Act 2018 transfers EU-derived laws into UK law, meaning workers continue to have the same workplace protections. The Health and Safety (Amendment) (EU Exit) Regulations 2018 came into force on Friday 31st January 2020 at 2300 hours, (Brexit-day), to ensure existing protections and regulatory frameworks and The EU (Withdrawal Agreement) Act 2020 gives effect to the transition period.
Richard Jones, IOSH Head of Policy and Regulatory Engagement said: “During this transition period, there should be minimal effect on occupational safety and health law, given the UK Government’s commitment to maintain and enhance workers’ rights and that the UK’s risk-based system is both fit for purpose and well-respected worldwide.
You can read the full article from IOSH at https://www.iosh.com/ more/news-listing/brexit-must-build-not-erode-workplace- safety-and-health-standards/
4 Launch of ‘Safety Grenfell Tower Inquiry Backs Protection Steps’ - Working at for Refurbishment Firms Giving Evidence Height Guidance The chairman of the Grenfell Tower THE GRENFELL TOWER INQUIRY inquiry has backed a request from The Construction Industry Advisory RULING firms that refurbished the building on an Committee (CONIAC) Managing Risk that evidence they give should not APPLICATION Well Working Group has developed by certain persons for the Panel to seek an be used against them in criminal UNDERTAKING from the ATTORNEY-GENERAL the ‘Safety Steps’ guidance jointly prosecutions. ______with leading industry organisations dedicated to keeping people who The Application Some firms had threatened to stay 1. On Thursday last week Mr Jonathan Laidlaw Q.C. made an application on behalf of need to work at height safe. certain persons who are expecting to be called to give evidence in Module 1 of Phase silent in the inquiry into how Grenfell 2 of the Inquiry seeking to persuade the Panel that we should invite the Attorney-General to give a formal undertaking that nothing said by a witness in the was covered in flammable cladding. course of giving evidence to the Inquiry would be used in furtherance of a prosecution Hosted and launched by the Access against that person. In the course of his submissions Mr Laidlaw made it clear that in Sir Martin Moore-Bick said he had the absence of an undertaking those whose interests he represented would be likely to Industry Forum, the guidance claim privilege against self-incrimination in response to any question which touched asked Attorney General Geoffrey on the way in which they performed their functions in relation to the design of the provides essential messages that refurbishment, the choice of materials used in it or the way in which the work was Cox for the assurance “as a matter of carried out. It now appears likely that others who were involved in the refurbishment can be used - in whole or part - by are likely to adopt a similar position. urgency”. those who aim to produce any type of Privilege against self-incrimination output for the five target audiences: 2. It is a fundamental rule of law that, with certain limited exceptions, none of which Read the full article at here applies in relation to the Inquiry, a person cannot be required in any legal proceedings designer; client; manager; supervisor; other than criminal proceedings to answer any question or produce any document or The ruling from the inquiry can be thing if to do so would tend to expose that person to proceedings for an offence. The and operative. rule is of ancient origin but is now enshrined in section 14 of the Civil Evidence Act read in full here From toolbox talks to checklists, providing a structure for training material content to informing flowcharts, Safety Steps, has a wide range of uses.
Further information about CONIAC/ CONIAN and its Working Groups is available from the CONIAN web community.
5 DEAR READER As one of our readers we would like to arrange with you a free telephone As one of our Callsafe Today readers, consultation to discuss your current we wanted to reach out to you in order position and review any additional to review your current and future needs you may have. health and safety needs. As one of the few Health and Safety Following the dreadful events of Consultancies in the UK that specialises Grenfell Tower and the outputs from in CDM 2015 and the Construction The Hackitt Review there are industry Industry (with a pedigree of more than wide concerns that there is a lack of 30 years), Callsafe Services Ltd is able knowledge of the Construction (Design to help businesses of all sizes to remain and Management) Regulations 2015 compliant and to help all Duty Holders (CDM 2015). to have a better understanding of the specific needs of CDM 2015. Despite companies carrying out health and safety training, we have found Please feel free to view our website at that this does not always transpire www.callsafe-services.co.uk to see the into adequate/compliant Policies, range of services we can provide. Procedures and practices. This, along with the transient nature of If you would like to take us up on this construction type workers, means that offer, please contact Gemma Esprey many organisations are left exposed by email or telephone, so that we can and potentially negligent. arrange a convenient time best suited to yourselves for one of our health and There is an incorrect perception that safety consultants to contact you to “Construction” means specifically discuss your needs. ‘building something’. However, the definition of “Construction” contained Gemma Esprey in the CDM Regulations is far more Senior Office Administrator wide-ranging and incorporates the repair and maintenance of the Tel: 01889 577701 structure and the eventual removal, Email: gemma.esprey@callsafe- demolition and dismantling, if, and services.co.uk when necessary. EH40/2005 Workplace Working Well Exposure Limits Together (WWT) Revision Published Events
On 17 January 2020, HSE published Improve your business by a revised version of EH40/2005 attending a health and safety ‘Workplace exposure limits’. event near you. Most Working Well Together (WWT) events This has been updated in order to listed are FREE and all provide an implement amendments to the opportunity to meet like-minded Carcinogens and Mutagens Directive people, see interesting new (2004/37/EC) which introduces equipment and get confidential or revises 13 binding occupational advice. exposure limit values for a number of carcinogenic substances. Safety Training Expo for Small Brexit: Builders (5 Feb, Bolton) Occupational exposure limits are Transition Period implemented in the UK via the ‘When things go wrong – the true Control of Substances Hazardous cost’ Work at Height event (5 The UK has now left the EU. The to Health (COSHH) Regulations Feb, Bolton) transition period is in place while as Workplace Exposure Limits the EU and UK negotiate new (WELs) via Table 1 of EH40/2005 Painters and Decorators event arrangements for a trade deal. It will ‘Workplace exposure limits’ for use (7 Feb, Leeds) end on 31 December 2020. with COSHH. Health risks in construction Your responsibility to protect the COSHH requires exposure to event (13 Feb, Durham) health and safety of people affected by carcinogenic substances to be your work activities remain the same reduced to ‘as low as is reasonably Welding Fume event (19 Feb, during the transition period. practicable’. Bransford, Worcester)
The guidance health and safety made IMPORTANT NOTE: The WELs listed Designer Awareness Day – simple: the basics for your business, in Table 1 of EH40/2005 ‘Workplace Preventing Occupational Disease will help you to comply with the law. Exposure Limits’ supersede any limits through Design (25 Feb, St You should continue to manage risk in contained in other HSE guidance or Albans) your business in a proportionate way. publications. Find your nearest WWT Group Guidance from the Gov.uk website can and get involved also be found at https://www.gov.uk/ transition Are you compliant with PAS 1192-6?
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arrange your free demonstration MENTAL HEALTH & WELLBEING Wellbeing at Work
Wellbeing at Work is a vast topic. There is a wealth of information and for any organisation just getting to grips with mental health support in the workplace, it can be difficult to know where to start. We are going to look at this important topic in six parts across this year.
Part 1: The Importance When employees feel their work is When employees leave their jobs due of Mentally Healthy meaningful, when they feel valued to poor mental health, organisations and supported, they tend to have incur high costs in recruiting, selecting Workplaces higher levels of wellbeing, be more and training new staff members There committed and perform better. is also a risk of legal action under Mental health problems can stop health and safety legislation which can people from performing at their Employee engagement and good damage an organisation’s reputation. best. Ensuring that mental health mental health go hand in hand. Staff turnover can cost around 2.4 and wellbeing is a priority can have Research shows that when staff billion a year. wide-ranging, positive effects for an wellbeing is not supported, employee organisation. These can include the engagement lessens. ‘Presenteeism’ is the loss in following: productivity that occurs when According to Mind, 1 in 6 British employees come to work but function - More efficient, productive and workers experience conditions at less than full capacity because of ill innovative staff such as depression, anxiety and health. Workers may come to work - Increased profits and reduced costs unmanageable stress every year. This despite being unwell because they - Better morale and performance statistic is hugely under-estimated fear that sharing their mental health - Reduction in sickness absence, by the majority of employers and has problem will cause prejudice or presenteeism and staff turnover a big impact on businesses, costing discrimination. It has been suggested Organisations perform better them up to £26 billion each year. that presenteeism actually accounts when staff are healthy, motivated for 1.5 times as much working time and focussed. The relationship A study by the Sainsbury Centre lost as absenteeism. This appears to between wellbeing, motivation and for Mental Health looks to identify be more common amongst higher- performance is called ‘employee the correlation between mental paid staff and therefore costs more to engagement’. ill health in the workplace and the employers. The bottom line is that open and financial effects. Staff turnover, lower supportive workplaces benefit employees productivity and lost working days 70 million working days are lost each and employers. Simple steps including due to mental health problems can year due to stress and other mental prevention and early identification of come at a high price. health problems. problems can save money.
10 There is also a strong link between mental ill-health and physical ill health, including conditions such as heart disease, stroke, cancer diabetes and asthma.
Neglecting mental health at work is simply too high a price to be ignored.
Next time, we will be looking at ‘Organisation Culture and Workplace Wellbeing’.
Author Gemma Esprey Callsafe Mental Health First Aider
11 training&events
CALLSAFE PUBLIC COURSES DESIGN RISK MANAGEMENT CDM2015 FOR FACILITIES We have programmed a number of AND CDM2015 FOR DESIGNERS 2 MANAGERS 1 DAY COURSE public courses as follows. Please DAY COURSE This non-accredited course is designed cotact Gemma Esprey for more This APS to provide Facilities Managers, and information. accredited designers and contractors working course is for Facilities Managers, with an MANAGEMENT OF PRE- aimed at Designers and Design understanding of their duties under CONSTRUCTION HEALTH AND Risk Managers, providing a full the CDM Regulations 2015. Larger SAFETY 3 DAY COURSE understanding of the Designers’ fit-out and refurbishment projects This APS accredited course is duties under CDM2015 and the will be discussed as well as planned aimed at those options that are available for maintenance and reactive repair persons who will achieving these obligations. activities. be performing the duties of the The course could also be suitable MANAGING SAFELY IN Principal Designer on behalf of their for Principal Designers if they CONSTRUCTION 5 DAY COURSE employer, who has been appointed are experienced in the design This IOSH approved course to this role by the Client. requirements of CDM2007. has been developed to provide Discussions and debates are managers, designers, etc. the It provides knowledge on the encouraged throughout this course. knowledge and skills necessary requirements, methods that to enable them to recognise the could be used to achieve these CDM2015 AWARENESS hazards likely to be present in the requirements and the personal 1 DAY COURSE construction qualities necessary. The course This APS industry and the also provides for the additional accredited actions needed services that could be offered course is to control and by the Principal Designer, or as a designed to provide all persons manage them. separate commission, for advising involved in construction projects, and assisting the Client with the including current and potential The course is Client’s duties. clients, project managers, principal suitable for Principal Designers, designers, designers, principal Designers, Project Managers, contractors and contractors with Facilities Managers and Managers a broad overview on the CDM of any construction-related Regulations 2015. organisation.
Further details of these, and other, courses can be found on our website: www.callsafe-services.co.uk, or by contacting Gemma Esprey at: [email protected] or by phone on: 01889 577701
12 CDM2015 and BIM Synergy and ASBESTOS AWARENESS 1/2 DAY may disturb asbestos containing PAS 1192-6 1 DAY COURSE COURSE material, but does not qualify them This non-accredited course is This UKATA to work with asbestos. Construction designed for clients, designers, accredited industry designers will also benefit principal designers, contractors and course from this course. principal contractors performing provides duties under the CDM Regulations supervisors and trades personnel IN-HOUSE COURSES 2015 and are likely to perform employees whose work could The above public courses, and these duties on projects that foreseeably disturb the fabric of many other CDM and other health will comply with the Building a building and expose them to and safety courses are offered Information Modelling (BIM) asbestos containing materials as ‘in-house’ courses, where the requirements. This course would with the knowledge necessary to trainer presents the course at a also be useful to facilities and asset recognise where these materials venue provided by the delegates’ managers who may be considering may occur and the precautions/ employer, and are priced at a daily the benefits of BIM in managing actions necessary. The course rate. assets. satisfies the requirements for training as contained in the HSE Details of all courses document, L143, for personnel who offered can be found at: www.callsafe-services.co.uk, most of which can be customised to a particular customer’s needs.
13 latestprosecutions
Castings company fined after a The company could then have pulley, which would have eliminated worker’s hand was crushed in a developed appropriate instruction, this risk. machine training and information related to On 6th January a foundry company the task. AU Roofing and Building Services who cast parts for the automotive Ltd pleaded guilty to breaching industry has been fined after William Lee Ltd pleaded guilty of Section 2(1) of the Health and an employee had two fingers breaching the Health and Safety at Safety at Work Etc. Act 1974. The amputated while attempting to Work etc Act 1974 section 2(1). The company has been fined £28,800.00 clear a blockage in a moulding company was fined £60,000 and and ordered to pay costs of machine. ordered to pay costs of £6,000. £4,213.70.
Chesterfield Justice Centre heard Roofing company fined after Company fined after airport that, on 28 February 2018, an worker fall baggage handler suffers skull employee of William Lee Ltd was On 6th Januar,y a roofing company fractures and brain injury attempting to clear a blockage of has been fined after a worker On 6th January, a company sand in a moulding machine using a suffered serious back injuries providing a range of airline ground length of metal rod at the company when he fell from a ladder whilst support services has been fined site on Callywhite Lane, Dronfield. transporting a bucket full of broken after an employee fell from a height The blockage cleared without tiles. of more than two metres. warning and the employee’s right hand was crushed between the Folkestone Magistrates’ Court Luton Magistrates’ Court heard that rod and the machine, resulting in heard that on 2 October 2018, AU on 24 December 2016, Rebecca two fingers being amputated, and a Roofing and Building Ltd workers Smith of Menzies Aviation (UK) number of fractured bones. were working on a roof in Elmes Limited was injured during the Avenue, Ramsgate, Kent where they loading of luggage onto an aircraft An investigation by the Health and were required to carry buckets of during an aircraft turnaround at Safety Executive (HSE) revealed materials by hand down the scaffold London Luton Airport. Ms Smith that had a suitable and sufficient access ladder. Davey Battams, fell through a gap in the railing at risk assessment been completed, aged 31, was unable to maintain a the top of a luggage belt-loader, the company should have identified constant three points of contact whilst kneeling upon it to fasten that there was a risk to employees with the ladder, resulting in the fall. cargo straps, when the belt loader created by intervention in the was struck by a passing vehicle. She machine when blockage clearance An investigation by the Health fell 2.2m (7 feet) on to the tarmac was required. Specific procedures and Safety Executive found the below. The fall resulted in a loss of should therefore have been contractor had not provided basic consciousness. Ms Smith suffered created for blockage clearance. lifting aids, such as a wheel and a brain injury, fractures of the skull
14 and cheekbone. She also suffered was crushed to death by a concrete A.A. Clifton Limited pleaded guilty permanent hearing loss in her right ear. beam that fell with him. to breaching Section 2 (1) of the Health and Safety at Work Act An investigation by the Health Folkestone Magistrates’ Court 1974 and were fined £30,000, with and Safety Executive (HSE) heard that on 13 March 2018, full costs of £5446.50. found Menzies Aviation (UK) Trevor ‘Ted’ Elson of A.A. Clifton Limited had foreseen the risk of Limited, Burmarsh, was working Sole trader fined after worker a collision between the various with other employees to move injured vehicles operating in a congested six-metre-long concrete beams On 8th January, Duffy Skylining has space around the aircraft during from the farmyard to the been fined following an incident a turnaround but had failed to farmhouse, where an extension when a worker suffered serious implement measures to guard was under construction at the site injuries after being struck by a tree. against the risk of driver error at Haguelands Farm. Each beam when manoeuvring vehicles around weighed more than 300 kg and Fort William Sheriff Court heard aircraft. The investigation also needed to be lifted by a mechanical that on 4 February 2016, Malcolm found the company was aware telehandler. Whilst on the trailer, Duffy and three employees were that belt-loaders had a gap in the attaching lifting chains to unload felling trees on land adjacent to railings between the aircraft and a beam, the deceased tripped and the A82 north of Fort William, the barriers but failed to put in fell from the edge, catching one of contracted by the Forestry place any meaningful measure to the beams which was unstable from Commission. While dealing with a control the risk that someone might the way previous beams had been taller tree, around eight metres in fall through. removed. This beam then fell from height, Mr Duffy made preparatory the trailer, landing on his upper cuts and then checked with the rest Menzies Aviation (UK) Limited body and crushing him to death. of the team to ensure they were pleaded guilty, to breaching section in a safe place. Mr Duffy thought 2(1) of the Health and Safety at An investigation by the Health and his colleagues understood that he Work etc. Act 1974 and has been Safety Executive (HSE) found that was about to fell the tree. After the fined £181,500 and ordered to pay the operation to move the beams initial cut was made, Mr Duffy made costs of £21,043. was carried out at short notice and his felling cut at the same time as had not been properly planned. Mr Strachan dragged a large branch Farming Business fined after The employees were left to decide from the brash pile into the path of employee crushed by concrete how to do it themselves, leading to the felling tree. The tree stuck him beam an unsafe system of work. None of on the left side of his helmet and left On 7th January a farming business them had been trained in lifting and shoulder. has been fined after one of its slinging operations. employees fell from a trailer and
15 latestprosecutions
An investigation by the Health Solutions Limited was using a gantry Lemon Groundwork Solutions and Safety Executive (HSE) found crane to lift a steel cage from a Limited, pleaded guilty to breaching that the exclusion zone normally stack of cages at the company site in Section 2(1) of the Health and used, which requires that no Wickford, Essex. These steel cages Safety at Work etc Act 1974. The one would be positioned within were free-standing on the floor, company was fined £130,000 and two tree lengths of a tree being each weighing 1188kg, and were ordered to pay costs of £5589.99. felled, was not adhered to on this stacked between 2-4 cages high occasion. Had there been a clearly in an unstable pyramid formation, Lemon Groundwork Solutions defined system of communication, without chocks to support the Limited had previously been served it would have prevented the load. When the employee used the Improvement Notices by HSE misunderstanding where Mr Duffy gantry crane to lift the top cage regarding the safety of its lifting thought that workers appreciated from the stack, two cages at the operations and the management the tree was about to be felled. bottom rolled onto his left foot and of vehicles and pedestrians in That particular tree being taller, leg, fracturing his tibia and fibula its yard. In November 2018, the steps should have immediately bones. As a result, the worker had company was fined £100,000 for a been taken to identify and enforce to undergo reconstructive surgery breach of Section 2(1) of the Health a wider exclusion zone, preventing where metal rods, plates and pins and Safety at Work etc Act 1974, any person from entering within were inserted into his leg. following an incident in 2016 in two tree lengths of that tree. which an employee was struck by a An investigation by the Health bundle of steel rebar that fell off a Malcolm Duffy, trading as Duffy and Safety Executive (HSE) found forklift, causing multiple fractures Skylining pleaded guilty to breaching that prior to the incident, Lemon to his leg. Sections 2 and Section 33 (1) (a) of Groundwork Solutions Limited had the Health and Safety at Work Act failed to implement a safe system Sheffield company fined £700,000 etc 1974 and was fined £8,000. of work for storing cages and had after worker killed not provided their employees with On 10th January, Chesterfield Steel fabrication company sufficient information, instruction, Special Cylinders Ltd was fined fined after steel cages fall onto training and supervision to store £700,000 today for safety breaches employee and handle cages safely. The after a 64-year-old worker was On 10th January, a steel fabrication company had additionally failed fatally wounded by shrapnel ejected company has been fined after to determine the maximum height from testing equipment. steel cages fell onto a worker’s leg, that the cages could be stacked and resulting in multiple fractures. suitable means to secure the cages Sheffield Crown Court heard that Chelmsford Magistrates’ Court to prevent movement and collapse. on 10 June 2015, John Townsend heard that, in November 2017, an The task of stacking cages was also was leak testing eight 1500 litre employee of Lemon Groundwork not adequately risk assessed. cylinders, by applying compressed
16 air inside to create pressure, at the during a demolition project. An investigation by the Health and company’s Sheffield site. Whilst Safety Executive (HSE) found that in the process of venting the Southwark Crown Court heard in the weeks before the incident, air through the test manifold, it that on 14 April 2014, 33-year- CCTV from overhead cameras catastrophically failed and fatally old labourer Dainius Rupsys from showed demolition work had been injured Mr Townsend. Lithuania was working with an carried out unsafely, that Mr Rupsys excavator operator at the site on was not adequately trained to use An investigation by the Health Grosvenor Square in London, as part the oxy-propane lance and that he and Safety Executive (HSE) found of the operation to demolish the had no training on using the safety that prior to installing the fittings, existing multi-storey building before harness, which was not attached 1.5 litres of a mineral oil-based 31 residential flats could be built. when the incident occurred. corrosion inhibitor had been placed into each of the cylinders. Mr Rupsys had been burning McGee Group Limited (McGee), The incident occurred because the through reinforcing steel bars with who was the Principal Contractor inhibitor contaminated the leak test an oxy-propane lance to assist for the project, pleaded guilty to manifold during venting of cylinders the excavator operator’s efforts a breach of Regulation 22(1)(a) and was subjected to enough to remove part of the reinforced of the Construction (Design and pressure inside the manifold to concrete slab. Another worker Management) Regulations 2007. ignite and cause the test equipment had alerted the supervisor that The company was fined £500,000 to fail. their work had made the structure with £66,236.22 in costs. unsafe and the demolition was Chesterfield Special Cylinders halted. However, the supervisor Shipping company fined after Ltd was found guilty of breaching then ordered the removal of props worker fell from height and Section 2 (1) of the Health & Safety supporting the remaining slab suffered life changing injuries at Work etc Act 1974. The company and less than ten minutes later it On 14th January, a shipping was fined £700,000 with full costs collapsed. The Court heard that company was fined for safety of £169,498.82. the 360 excavator may have moved breaches after a worker was back onto the slab after the props paralysed from the waist down Construction company fined after were removed. when he fell 3.4 metres to the worker killed during demolition bottom of a ship’s hold. work Mr Rupsys, the 360 excavator On 10th January, a construction and its operator in the cab all fell Beverley Magistrates’ Court heard company was fined half a million with the slab. Mr Rupsys suffered that on 15 May 2017, the 28-year- pounds after a father-of-two was severe head injuries and died at the old worker, a stevedore employed killed when a reinforced concrete scene, while the excavator operator by Thor Shipping and Transport UK slab collapsed underneath him injured his back. Ltd, was unloading Merchant Vessel
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Frej. He lost his footing and fell refurbishment of a flat owned by On 16th January, Property owner through an access ladder gap in the the college. Michael Cutmore and building walkway. contractors B and S BM Limited Cambridge Magistrates’ Court heard have both been sentenced after An investigation by the Health and that in March 2018, employees of a refurbishment project of an old Safety Executive (HSE) found that Newnham College and subcontractors hotel was found to contain asbestos for the stevedores to inspect all were carrying out a refurbishment containing materials (ACMs) on site the cargo from port to starboard it of a flat on Grange Road, Cambridge while work was still taking place. was custom and practice for them when asbestos insulation debris was to step over an access ladder gap discovered in the floor voids after Truro Crown Court heard that on the walkway to get to the other work had been carried out in them. No during September 2017 a property side. The stevedore made his way asbestos refurbishment survey was in Island Crescent, Newquay was along the walkway and went to carried out prior to insulation debris to be partially demolished and step over the gap. He was astride being found. One employee, who refurbished under the control of the gap, holding onto the guard rail, contaminated his gloves and clothing one of its owners, Michael Cutmore. when his high-vis jacket got caught with loose asbestos debris, did not The hotel had been left derelict on an eyebolt on the rails. He took have asbestos awareness training for several years, allowing it to be his hand off the rail and turned and spread asbestos from his clothing subject to vandalism and squatting to free his jacket when he lost his outside the flat. and had been soft stripped by its footing and fell through the gap to owner. Asbestos surveys identified the bottom of the hold. An investigation by the Health & the presence of ACMs, but these Safety Executive (HSE) found that were not managed appropriately Thor Shipping and Transport UK there was inadequate planning and nor removed prior to the work. Ltd pleaded guilty to breaching management of the refurbishment Local building contractors, B and S Regulation 6(3) of the Work at work of a flat on Grange Road, BM Limited were appointed by the Height Regulations 2005 and Cambridge. hotel’s second co-owner to carry to Regulation 3(1)(a) of the out works in half of the property Management of Health & Safety Newnham College, pleaded guilty to while Mr Cutmore himself also at Work Regulations 1999. The breaching Regulations 5 and 16 of stripped asbestos from within the company has been fined £120,000 the Control of Asbestos Regulations former hotel. 2012. It has been fined £12,000 and College fined for asbestos failings ordered to pay costs of £4,450.28. During a proactive inspection, the On 15th January, Newnham Health and Safety Executive (HSE) College has been fined for failings Client and construction company identified that the former hotel that exposed employees and sentenced after failing to control was being refurbished and partially subcontractors to asbestos during the removal of asbestos demolished whilst ACMs remained
18 in-situ. Some of these ACMs were from January 2017 to October Masters was sentenced to 22 and a licensable products (e.g. asbestos 2018, Darren Masters, trading as half months in prison, suspended for insulating board which contains D Masters Plumbing and Heating two years. He was ordered to carry amosite). Due to the extent of the Limited, carried out gas work at out 200 hours of unpaid work. He spread of asbestos dust and debris four homes in Newquay, Cornwall, was also ordered to pay £11,902.00 throughout the building and the despite not being registered as a in compensation and full costs of lack of adequate control measures, Gas Safe engineer. £9,068.50. workers and visitors to the properties were at risk of exposure Registration with Gas Safe Register Carlisle company fined after to asbestos fibres. ensures engineers are qualified for customer fatally crushed the work they intend to carry out, On 17th January a Carlisle auto- B and S BM Limited pleaded guilty ensuring that gas work is carried salvage company was fined after a to breaching Sections 2(1) and 3(1) out to an appropriate standard customer was trapped and fatally of the Health and Safety at Work and the public are not put at risk of crushed when a lift truck he had Act 1974. The company was fined serious harm. purchased was being loaded onto £22,000 and ordered to pay costs of his own recovery vehicle. £5,000. An investigation by the Health and Safety Executive (HSE) found Carlisle Crown Court heard that Michael Cutmore of pleaded guilty that Mr Masters falsely asserted on 15 February 2018, a lift truck to breaching S3(2) of the Health he was Gas Safe Registered purchased from Michael Douglas and Safety at Work Act 1974 and in the course of dealing with Auto Salvage Ltd was lifted using has been ordered to carry out 120 customers, including signing off the company’s skip lorry onto a hours unpaid work and ordered to documentation with false Gas Safe recovery vehicle at Stainton Road, pay costs of £7,500. registered engineer numbers. The Etterby. The metal ring on the investigation concluded Mr Masters lift truck that the winch wire was Plumbing and heating contractor also misrepresented himself as attached to failed, causing the fined for carrying out illegal gas sufficiently competent to carry out lift truck to fall and trap Mr Paul work the services. Spence against the skip lorry.
ON 17th January, an unregistered Darren Masters pleaded guilty to An investigation by the Health and plumbing and heating contractor breaching Regulations 3(1), 3(3), Safety Executive (HSE) found that have been fined for carrying out 3(7) and 26(1) of the Gas Safety the company had failed to ensure illegal gas work that put a number (Installation and Use) Regulations that this complex lifting process was of homes at risk. 1998, and consequently Section 33 properly planned by a competent (1) (c) of the Health and Safety at person and that it had failed in its Truro Crown Court heard that, Work etc Act 1974. duty not to expose customers to
19 latestprosecutions
risk. A competent person would but the electricity supplier gave refurbishment on Shakespeare have identified that this loading advice regarding avoiding a repeat Road, Burton on Trent, despite being method with this equipment was incident. The only action taken by served Improvement Notices to put fundamentally unsafe. the company was to put up two such facilities in place. small warning notices that the The Company Michael Douglas driver failed to see. In addition, the An inspection by the Health and Auto Salvage Ltd pleaded guilty to a first incident was not reported to Safety Executive (HSE) found there breach of Section 3(1) of the Health HSE as required by the RIDDOR were no welfare facilities available and Safety at Work etc. Act 1974. regulations. for workers on the site for at least The company was fined £23,000 four and a half months. The site and ordered to pay costs of £8,000. Fairhurst Stone Merchants Ltd lacked hot water, a toilet, washing pleaded guilty to breaching facilities and rest facilities. Company fined after vehicle Regulation 3 of the Electricity struck an overhead power cable at Work Regulations 1989 and Following a concern being raised, On 17th January, Fairhurst Stone Regulation 7 of the Reporting of HSE served two Improvement Merchants Ltd has been fined for Injuries, Diseases and Dangerous Notices and a Prohibition Notice safety breaches after a vehicle Occurrences Regulations 2013. The on Mr Sondors who was acting made contact with an uninsulated company has been fined £50,000 as Principal Contractor for the overhead electric power line. and ordered to pay £621.42 in refurbishment. Mr Sondors then Leeds Magistrates’ Court heard that costs. installed a toilet in the property on 25 July 2018, a wagon delivering but it was not linked to the water materials to the company’s ready- Contractor fined for failing supply. A watering can had to be mix plant in Settle was directed to to provide minimum welfare used to “flush” the toilet. Water in tip its load close to the overhead facilities the property was provided via a power lines. During the tipping A principal contractor has been single cold water pipe attached to a procedure the vehicle moved fined after repeatedly failing to wall with a bucket underneath. No forward and made contact with provide minimum welfare facilities cleaning or drying facilities were the power lines which were live at at a construction site in Burton on provided. Follow up visits to the 111,000v. Nobody was injured in Trent. site, after the compliance date for the incident. the notice expired, found that the Newcastle-under-Lyme Magistrates’ necessary improvements had not An investigation by the Health Court heard that, for a period up to been made. and Safety Executive (HSE) found August 2018, Mr Jevgenijs Sondors that two years previously, a wagon of J S Services failed to provide Mr Jevgenijs Sondors of St Paul had made contact with the same minimum welfare facilities for Street West, Burton on Trent power lines. No one was injured workers on the site of a residential was found guilty in his absence
20 of breaching Regulation 13(4)(c) £300 and ordered to pay full costs of welfare facilities including clean, of the Construction (Design and of £3,851.06. flushing toilets and cleaning and Management) Regulations 2015 drying facilities. and Section 21 of the Health and Speaking after the hearing, HSE Safety at Work etc Act 1974. A inspector Katherine Cotton said: “Dutyholders should be aware that warrant had been issued for his “The welfare facilities available for HSE will hold to account those arrest. Mr Sonders was arrested, those working at the site fell far who do not comply with health and taken into custody and held for 24 below the legally required standard. safety legislation, or who do not hours before appearing before the Construction workers should be comply with enforcement notices Magistrates’ Court. He was fined provided with a minimum standard served on them.”
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21 Index of Articles in Callsafe Today 2019
Articles Issues
Asbestos in schools - MPs ‘seriously concerned’ about lack of information Issue 187-January 2019
Become a #DustBuster and show your support for the HSE health campaign Issue 187-January 2019
DWP report on HSE effectiveness urges 27 wide-ranging reforms Issue 187-January 2019
Health and safety, EU exit Amendment Regulations Issue 187-January 2019
HSE seeks sponsors for research on wearables and drone inspections Issue 187-January 2019
New ISO 19650 standard takes BIM global Issue 187-January 2019
Recognition system for architects in the event of a ‘no deal’ Brexit Issue 187-January 2019
APPG on Working at Height Inquiry Report Issue 188-February 2019
BSG reports worrying 33% increase in Hand Arm Vibration breaches Issue 188-February 2019
Driving case law - Driven to distraction Issue 188-February 2019
HSE Construction RIDDOR Dashboard & New First Aid Guidance Issue 188-February 2019
Mild steel welding fume reclassified as a human carcinogen Issue 188-February 2019
Building safety regulations - CIH urges builders to start preparing for post-Hackitt regulations Issue 189-March 2019
Construction in drive to cut £1bn cost of safety accreditation ‘blue tape’ Issue 189-March 2019 Index of Articles in Callsafe Today 2019
Articles Issues
HSE Safety Alert - Platform Lifts Issue 189-March 2019
Inadequate risk management and compartmentation contributed to Glasgow School of Art fires - Issue 189-March 2019 Parliament report
Man jailed for six years for supplying 300 forged CSCS cards Issue 189-March 2019
Newton resigns as DWP minister after voting against no-deal Brexit Issue 189-March 2019
Researchers find new way to protect concrete from fire damage Issue 189-March 2019
Scaffolding in high winds - HSE offers reminder of obligations Issue 189-March 2019
CIPD guidance published to help line managers support menopausal staff Issue 190-April 2019
HSE awards contract to transfer Didcot evidence materials Issue 190-April 2019
HSE increases FFI charge by almost 20% Issue 190-April 2019
Justin Tomlinson appointed as Minister of State at the Department for Work and Pensions Issue 190-April 2019
Notre Dame wake-up call: The dos and don’ts of protecting heritage buildings Issue 190-April 2019
OSHCR review to focus on quality of advice and client awareness Issue 190-April 2019
Updated British Standard for legionella risk assessments Issue 190-April 2019
Updated CSCS Health, safety and environment test Issue 190-April 2019 Index of Articles in Callsafe Today 2019
Articles Issues
Sentencing Guideline inflated fines for large organisations 15-fold, analysis says Issue 190-April 2019
Draft Bill to deliver post-Grenfell Hackitt reforms due ‘by end of May’ Issue 191-May 2019
Good Practice Guideline, Temporary Works Procedural Control Issue 191-May 2019
BS XXXX Specification for the use of counterbalanced edge protection systems in permanent Issue 191-May 2019 applications
NBS National BIM Report 2019 Issue 191-May 2019
Labour MP seeks MHCLG clarification on pre-Grenfell cladding guidance Issue 191-May 2019
Network Rail Early Focus on Constructability and Temporary Works Issue 191-May 2019
Night shifts ‘possibly’ cause breast cancer after long exposure, WHEC concludes Issue 191-May 2019
BS 5975:2019 has been published Issue 192-June 2019
Changes to the CITB HS&E test Issue 192-June 2019
Faith in regulation hurt by ‘blue tape’ and unaccountable rule-makers, HSE warn Issue 192-June 2019
HSE announces new chief executive Issue 192-June 2019
HSE targets schools on transport safety and automatic gate risk Issue 192-June 2019
Two new UK Government building fire safety-related consultations Issue 192-June 2019 Index of Articles in Callsafe Today 2019
Articles Issues
Blue tape’ business rules report aims to help SMEs find ‘proportionate’ advice Issue 193-July 2019
Hazard-identifying app can help designers create safer buildings, research shows Issue 193-July 2019
Asbestos risk to children and teachers in 676 UK schools Issue 193-July 2019
HSE flags fall in convictions for safety breaches in the HSE statistics for 2018-19 as concern Issue 193-July 2019
New Temporary Works Forum (TWf) on the safe management of temporary works for SMEs Issue 193-July 2019
Safe use of dumpers – New guidance from the strategic forum for construction plant safety group Issue 193-July 2019
Valero Energy fined £5m after refinery explosion kills four in 2011 Issue 193-July 2019
Second edition of L140, Hand-arm vibration, published Issue 193-July 2019
UK government criticised over slow pace of remedial works after Grenfell Issue 193-July 2019
Dame Judith Hackitt’s proposed Joint Competent Authority will bring in an era of stronger Issue 194-August 2019 enforcement and a new package of sanctions
HSE Safety Alert - Catastrophic rupture of dead-leg pipework Issue 194-August 2019
More fire risk assessors could be prosecuted in a post-Grenfell world, leading lawyer warns Issue 194-August 2019
Plan to regulate construction professionals to reduce building failures post-Grenfell Issue 194-August 2019
Uniting the construction industry to ‘Think Health’ Issue 194-August 2019 Index of Articles in Callsafe Today 2019
Articles Issues
Hand-arm vibration exposure calculator and publication updated Issue 195-September 2019
Health Inspection Initiative - October 2019 Issue 195-September 2019
Safety, rights and environmental standards at risk in ‘enforcement gap’, says report Issue 195-September 2019
Understanding suicide in construction Issue 195-September 2019
CAP1096 Guidance to crane operators Issue 196-October 2019
Grenfell Tower fire - London Fire Brigade condemned for ‘serious shortcomings’ in its response Issue 196-October 2019
Health and safety statistics 2019 Issue 196-October 2019
PHSE Construction Infonet - Mental health in the workplace Issue 196-October 2019
ONR publishes performance report for nuclear safety Issue 196-October 2019
MENTAL HEALTH & WELLBEING - Suicide Prevention Issue 196-October 2019
Hillsborough - Match commander cleared of manslaughter Issue 197-November 2019
Construction managers need support to raise health bar Issue 197-November 2019
Bolton fire - ‘A reminder of the depth of issues within England’s building regulations and fire- Issue 197-November 2019 safety regime’
Croydon tram crash - Driver will not face prosecution Issue 197-November 2019 Index of Articles in Callsafe Today 2019
Articles Issues
Changes to the HSE Notification of a construction project. Issue 197-November 2019
MENTAL HEALTH & WELLBEING - Stress Awareness Issue 197-November 2019
BIMsafe at London Build Issue 198-December 2019
Initial construction industry responses to the Queen’s speech Issue 198-December 2019
A detailed look at the ICE Enabling Better Infrastructure programme Issue 198-December 2019
TWf2019-03, Temporary Works Procedure - Sample (December 2019) Issue 198-December 2019
Construction Client Buddy Scheme (HSE Construction Infonet) Issue 198-December 2019
Beyond ticking the box, in conversation with Andrew Sharman Issue 198-December 2019
HSE Risk Reduction Through Design Award (HSE Construction Infonet) Issue 198-December 2019
IOSH unveils new competency framework Issue 198-December 2019
New government must “get health and safety done” Issue 198-December 2019
Construction Industry Card Schemes (HSE Construction Infonet) Issue 198-December 2019 Index of Prosecutions in Callsafe Today 2019
Prosecutions Organisations / Individuals Breaches Callsafe Today (Issue 187-January 2019) PPPR Regs 9 &18 & REACH Enforcement Regs Company director sentenced for sales of illegal chemicals Abel (UK) Ltd’s director, Nicholas Corbett Reg 11(2) Two companies fined after contractor suffers serious injury Fercell Engineering Limited / Morris Mirrors Limited W@HR Reg 6(3) / W@HR Reg 4(1) following fall from height Industrial cladding company fined after worker falls from height GB Industrial Cladding Ltd W@HR Reg 4(1)
Dorset based scaffolding company sentenced after fall from Solar Scaffold Services Limited W@HR Reg 4(1) height results in serious injury to worker Council fined after roof trusses fall on worker resulting in Darlington Borough Council CDM Reg 13(1) serious injuries to right arm London based construction company fined after fatal fall from Formation Construction Limited HASAWA Section 2(1) height Waste and recycling company fined £1m following death of Veolia ES (UK) Limited HASAWA Section 2(1) worker hit by refuse collection vehicle Logistics company fined after driver suffers serious injuries PCL Transport 24/7 Limited WHSWR Reg 17 after being struck by reversing vehicle Two companies fined following death of five-year-old Alexys HASAWA Section 3(1) / HASAWA Section Synergy Housing Limited / Orona Limited Brown 3(1) Callsafe Today (Issue 188-February 2019)
Company fined after worker is killed by dumper truck Allenbuild Limited CDM Reg 27(1) Fall from height results in serious injury and fines for John Robert Parker / Michael Mudd Ltd W@HR Reg 6(3) / HASAWA Section 3(1) agricultural contractors Roofing company and Director are sentenced after worker is Ray Strank Roofing Limited / Ray Strank W@HR Reg 4 / HASAWA Section 37 killed after falling from roof HASAWA Section 3(1) / HASAWA Section Lifting operation results in death of worker Cumbria Design Scaffold Ltd / Larkin Eng Services Ltd 2(1) Company sentenced after workers’ narrow escape from fire Air Livery Limited HASAWA Section 2(1) & DSEAR Reg 5(1) Mr Graham Dyson (Director of Globalforce Contracts Company director sentenced after worker falls 6 metres W@HR Reg 4(1) (HASAWA Section 37) Limited) Cardiff company fined after scaffold collapsed onto a primary Swain Scaffolding Limited CDM Reg 19(2) school Builder receives prison sentence for putting workers at risk of Mr Ranjit Singh Reehal CDM Reg 15(2) falls Index of Prosecutions in Callsafe Today 2019
Prosecutions Organisations / Individuals Breaches
Housing association fined after worker diagnosed with HAVS Calico Homes Limited HASAWA Section 2(1)
Construction companies sentenced after death of worker who Rydon Construction Ltd / Oliver Connell and Son Ltd CDM Reg 13(1) / W@HR Reg4(1) fell 14 metres Company fined after contractor sufferers fatal head injuries HASAWA Section 3(1) & W@HR Regs 4(1) & Landor Cartons Limited after fall 6(3) Company fined for failing to protect workers from asbestos Godfrey-Syrett Limited (in administration) HASAWA Section 2(1) & CAR Reg 4(1) & 4(8)
Civil engineering contractor sentenced after employee is struck by a wheeled excavator and killed during major construction Balfour Beatty Civil Engineering Limited CDM Reg 13(1) project Callsafe Today (Issue 189-March 2019)
Company sentenced after fatal overhead service strike Options Energy Resource LLP HASAWA Section 3
Waste recycling company receive fine after employee suffers William Munro Construction (Highland) Limited HASAWA Section 2(1) crush injuries Unguarded machinery leads to fine after employee left with KT Recycling Ltd HASAWA Section 2(1) permanent injuries Norwich Company fined after worker falls from roof RFT Repairs Limited W@HR Reg 4(1)
Building firm fined £900,000 after fatal wall collapse Capstone Building Ltd (in administration) HASAWA Sections 2 & 3 Leicestershire company sentenced after a worker received AR Signs Ltd HASAWA Section 2(1) severe burns after striking an underground electricity cable Long term HAVS exposure leads to fine for Staffordshire based Faiveley Transport Tamworth Ltd HASAWA Section 2 company Construction company fined after worker falls through ASA Property Management Limited CDM Reg 13(1) collapsed stairs Builder receives suspended prison sentence for failing manage HASAWA Sections 2(1) & 3(1) & ELCIA Kenneth Morris, trading as K & M Pointing work at height and dust Section 1(1) Asbestos disturbance leads to fine for hoteliers Percy R Brend and Sons (Hoteliers) Ltd HASAWA Sections 2(1) & 3(1)
Callsafe Today (Issue 190-April 2019) Two companies sentenced after landscape gardener is seriously Bouwfonds European Real Estate Parking (based in HASAWA Section 4(2) / HASAWA Section injured Luxembourg) / Saba Infra UK 4(2) Roofing Company prosecuted after worker fell through a roof PNR Roofing and Building Services Ltd HASAWA Section 3(1) light Index of Prosecutions in Callsafe Today 2019
Prosecutions Organisations / Individuals Breaches
Death of diver results in prosecution of boat owner Shaun Geddes DAWR Reg 4
Unguarded machinery results in fine for West Sussex based Thakeham Tiles Ltd PUWER Reg 11(1) company Principal Contractor fined after workers suffer serious injuries S McMurray Ltd CDM Reg 13(1) after fall
Company sentenced after 12 year old boy falls from scaffolding Westdale Services Limited HASAWA Section 3(1)
Principal Contractor sentenced after worker falls from height Brown Construction Ltd W@HR Reg 4(1)
Callsafe Today (Issue 191-May 2019) Greater London Authority prosecuted after wall and hoarding GLA Land Property LTD (GLAP) HASAWA Section 3(1) collapsed onto family NHS trust fined after asbestos failings Shrewsbury and Telford Hospitals NHS Trust CAR (2 breaches)
Contractor sentenced after worker falls through fragile roof Foundations and Buildings Limited W@HR Reg 4(1)
Weiser Construction Ltd (now in liquidation) / Complete HASAWA Section 3(1) / HASAWA Section Two companies prosecuted after worker falls through a rooflight Cladding Systems Ltd 3(1) Waste Management Company Sentenced after employee was Sanders Plant and Waste Management Limited HASAWA Section 2(1) killed by reversing vehicle Contractor sentenced after worker suffers multiple injuries Michael Fletcher W@HR Reg 6(3) after falling 2.4 metres Company fined after sub-contractor is hit by a steel beam Williams Homes (Bala) Limited CDM Reg 15(2) Company sentenced after worker suffers crush injuries after NLS Fabrications Ltd HASAWA Section 3(1) being struck by a steel gantry Unsafe lifting operation results in injury and fine for Kent Swann I&M Services Limited LOLER Reg 8(1) based company Lack of safety checks lead to £30k fine for granite worktop Grantech Limited PUWER Reg 5(1) & LOLER Reg 9(3) manufacturer Contractor receives community service order and fine after Farnell Building Contractors CDM Reg 19(1) wall collapse Two contractors sentenced after worker killed after exposure to HASAWA Section 2(1) / HASAWA Section T Brown Group Ltd / Altro Limited toxic fumes 6(4) Fatal fall through fragile roof results in fine for Football Club St Albans City Football and Athletic Club Ltd HASAWA Section 3 Index of Prosecutions in Callsafe Today 2019
Prosecutions Organisations / Individuals Breaches Essex company prosecuted after worker killed during concrete R. W. Hill (Felixstowe) Limited CDM Regs 15(2) & 15(8) pumping operations Callsafe Today (Issue 192-June 2019)
Fall from height results in £100k fine Rowecord Total Access Ltd HASAWA Section 2(1)
Contractor is sentenced after three year old is severely injured Mr Grzegorz Glowacki LOLER Reg 8(1) by falling debris West Sussex company sentenced after worker crushed to death Tesla Engineering Limited HASAWA Section 2(1) by an overhead gantry crane Lack of machinery guarding results in fine for Halifax based MJB Excavations and Plant Hire Ltd HASAWA Section 2(1) contractor Principal Contractor pleads guilty after worker is injured during Bam Nuttall Limited HASAWA Section 2(1) badly planned lifting operation HASAWA Sections 2(1) & 3(1) / HASAWA Pembroke oil refinery explosion – verdict is announced Valero Energy UK Ltd / B&A Contracts Ltd Sections 2(1) & 3(1) Badly planned lift and lack of training results in fatality National Grid Electricity Transmission PLC HASAWA Section 2(1) & LOLER Reg 8(1)
HASAWA Section 2(1) / HASAWA Section Fatal fall from height results in fines for two contractors Stephen John Brennan / Sandwell Roofing Limited 3(1) Exposure to silica dust results in £8k fine GO Stonemasonry Limited HASAWA Section 2(1) The Southampton, Isle of Wight and South of England Lack of edge protection results in fine for ferry company Royal Mail Steam Packet Company Ltd (trading as Red HASAWA Section 3(1) Funnel Ferries) W@HR Reg 6(3) & HASAWA Sections Contractor sentenced for unsafe roof work Mr Asa Hamilton 33(1)(e) & 33(1)(g) Company fined after lack of traffic segregation resulted in Camgrain Stores Ltd HASAWA Section 2(1) fatality Multiple safety breaches result in worker sustaining severe Nene Milling Company Limited HASAWA Sections 2(1) hand injuries Callsafe Today (Issue 193-July 2019)
Company fined after teenage apprentice overcome by fumes Wheelnut Ltd HASAWA Section 2(1)
Construction firm fined due to falls and fire safety failings Irish Anglo Properties Limited CDM Reg 29(a) & W@HR Reg 6(3)
Contractor fined after fall through skylight Modern Ltd W@HR Reg 4(1) Index of Prosecutions in Callsafe Today 2019
Prosecutions Organisations / Individuals Breaches Shipping company prosecuted after employee injured during Jenkins Shipping Company Limited HASAWA Sections 2(1) & 3(1) loading operations Contractor prosecuted due to inadequate welfare facilities on R & S Builders (Mcr) Ltd HASAWA Section 21 & CDM Reg 13(4) site Employer sentenced after worker severed three fingers whilst Mr Andrew Gibson (trading as Crosby Kitchens) HASAWA Section 2(1) using an unguarded table saw Property investment company and director fined following CDF Properties Investment Ltd / Mr Claudio De Falco W@HR Reg 4(1)(c) / W@HR Reg 4(1)(c) worker’s fatal fall from a tree (Director) Contractor fined after a junior bricklayer is injured in fall from Trumax Building Ltd W@HR Reg 6(3) height Manufacturer fined £1 million after two employees suffer burns Delphi Diesel Systems Limited HASAWA Section 2(1) Concrete production company fined after sub-contractor loses Hanson Quarry Products Europe Limited LOLER Reg 8(1) four fingers due to an unsafe lifting operation Bowmer and Kirkland Limited / Advanced Roofing W@HR Reg 4(3) / W@HR Reg 4(3) / W@HR Construction firms fined after director blown off roof Limited / J.K.W. Roofing Services Limited Reg 4(3) Company fined after child killed by falling gate Bradfabs Ltd HASAWA Section 3(1)
Callsafe Today (Issue 194-August 2019) Company and director sentenced after multiple workers Celtic Rock Services Limited / Mr Alwyn Griffith Hughes HASAWA Section 2(1) / HASAWA Section 37 diagnosed with hand arm vibration syndrome Thomas (Director) Construction company and an employee sentenced after Clancy Docwra Limited / Mr Daniel Walsh (Site HASAWA Sections 2(1) & 3(1) / HASAWA worker crushed and killed by an excavator Supervisor) Section 7(a) West Midlands companies sentenced after workers exposed to Kingswinford Engineering Co Limited / James Durrans & HASAWA Section 2(1) / HASAWA Section risk of falling from height Sons Limited 3(1) Principal Contractor fined following multiple safety failings on Navkaar Limited CDM Reg 13(1) construction site Company and director fined following dangerous construction MD Building Contractors / Manjit Singh Dhaliwal GSIUR Reg 8(3) / HASAWA Section 37 work around a domestic boiler (Director) Construction company fined after putting workers at risk of STS Constructions Limited W@HR Reg 6(3) falling from height Vehicle servicing company fined after truck rolled and crushed Volvo Group UK Limited HASAWA Sections 2 & 33(1)(a) employee Callsafe Today (Issue 195-September 2019)
Company fined after worker suffers crush injuries Siddall and Hilton Products Ltd HASAWA Section 2(1) Index of Prosecutions in Callsafe Today 2019
Prosecutions Organisations / Individuals Breaches
Council fined for Hand Arm Vibration failings Dacorum Borough Council of The Forum CVAWR Reg 5
Company and sub-contractor fined after worker falls from P.D.R. Construction Limited / Metcalfe Roofing & CDM Reg 13(1) / W@HR Reg 4(1)(a) height Building Services Limited Groundworks company fined after security guard suffers life APK Earthmoving Limited HASAWA Section 3(1) changing injuries Engineering company fined after wooden bearer causes fatal IODS Pipe Cad Limited HASAWA Section 2(1) injury to employee Roofing contractor company fined after fatal ladder fall Henderson and Aitken Limited W@HR Reg 4 & HASAWA Section 33(1)(c)
Mr Hafeez Ghafoor (former Director of the now- Company director fined after worker impaled on a spike HASAWA Section 37 dissolved landscaping company R K United Ltd) Weathervane Roofing & Building Limited / Mr Ian Roofing company and director prosecuted after skylight fall W@HR Reg 6(3) / HASAWA Section 37(1) Wilkinson (Director) Director of waste company convicted Mr Michael Toon (Owner & Director of Michael Toon Ltd) HASAWA Section 37
Tree service company sentenced after employee suffers finger Mr Joshua Mark Noon HASAWA Section 3(2) amputation Fitter prosecuted for illegal gas work Mr Anthony Lord (trading as Lord HBA) GSIUR Regs 3(3), 3(7) & 5(3)
Port operator sentenced after worker seriously injured during The Mersey Docks and Harbour Company Limited HASAWA Section 3(1) loading operation Callsafe Today (Issue 196-October 2019) Self-employed plumber sentenced after conducting Mr Pitman GSIUR Reg 3(3) unregistered gas work Steel company fined £1.8m after two engineers died in an Celsa Manufacturing (UK) Ltd MHSWR Reg 3 explosion Client and contractor fined after workers were exposed to RJW Building Solutions Limited / Hotel 52 (Sea) Limited CAR Reg 5 / HASAWA Section 3(1) asbestos Company prosecuted after employee injured using ripsaw Connors Building and Restoration Limited HASAWA Section 2(1) Building materials company fined after worker died during Cemex UK Operations Limited HASAWA Sections 2(1) & 33(1)(a) maintenance and repair work Company sentenced after fall through fragile roof M & M Damproof Co. Limited HASAWA Section 2(1)
Manufacturing company fined after employee loses fingers Preston Board and Packaging Limited HASAWA Section 2(1) Index of Prosecutions in Callsafe Today 2019
Prosecutions Organisations / Individuals Breaches
Manufacturer fined after employee injured on lathe Blackstar Handling Systems Limited HASAWA Section 2(1)
Property development company and director prosecuted after HASAWA Section 3(1) / HASAWA Section Balmonza Ltd / Mr Kulvinder Singh (Director) unsafe demolition work 37(1) Mr Robert Harvey (Sole Director and employee of Front Sole director jailed after employee killed by excavator HASAWA Sections 7(a) & 33(1)(a) Row Builders Ltd) Construction company fined after carpenter injured in fall from MP Building Limited W@HR Reg 6(3) & CDM Reg 13(1) height Ferry operator prosecuted after worker injured by moving Stena Line Limited HASAWA Section 2(1) vehicle Callsafe Today (Issue 197-November 2019)
Haulage company fined after worker injured by moving vehicle Foulger Transport Limited WHSWR Regs 4(1) & 17(1)
Dairy farm fined after employee permanently blinded by Beechdean Farm Limited HASAWA Section 2(1) disinfectant chemicals Building company fined after staircase collapse seriously Rombalds Builders Ltd HASAWA Sections 2(1) & 3(1) injures worker Unregistered gas fitter sentenced for carrying out gas work Mr Neil Hawkins GSIUR Regs 3(3) & 3(7)
Groundworks contractor fined for cable strike G&R Groundworks (South East) Ltd CDM Reg 25(4) Places for People Homes fined after five employees developed Places for People Homes Limited HASAWA Section 2(1) Hand Arm Vibration Syndrome (HAVS) Construction company fined after dumper truck overturns and Rose Builders Ltd HASAWA Sections 2(1) & 3(1) fatally injures worker Roofer sentenced after dangerous carbon monoxide release Mr Mark Reski (trading as MR Roofing & Leadwork) GSIUR Reg 8(1) Egg production company fined following Forklift Truck Staveley’s Eggs Ltd HASAWA Section 2(1) overturned Company director sentenced after exposing employees to Mr James Harrison (former Managing Director of the HASAWA Sections 2(1) & 37 hazardous substances now dissolved Laser Shapes (NW) Limited) CA Waste Transfer Company Director sentenced after repeated Mr Zarif Mohammed (Director) HASAWA Sections 2(1) & 37 serious safety failings Metal fabrication company fined for failing to comply with W S Barrett & Son Limited HASAWA Section 33(1)(g) improvement notices Painting and decorating employer sentenced after worker is Mr Ian Ramsay HASAWA Section 2(1) seriously injured falling from height Index of Prosecutions in Callsafe Today 2019
Prosecutions Organisations / Individuals Breaches Callsafe Today (Issue 198-December 2019)
Sink manufacturer fined after worker was injured Carron Phoenix Limited PUWER Regs 11(1) &11(2)
Manufacturer of engineering products and components fined Nichol McKay Limited HASAWA Section 2(1) after worker was injured Company sentenced following serious incident in sewer Thames Water Utilities Limited CSR Reg 33(1)(b)
Bird feed manufacturer prosecuted after employee’s fingers C J Wildbird Foods Ltd PUWER Reg 11(1) &MHSWR Reg 3(1) amputated Coach company sentenced after worker crushed underneath bus Brian Finch T/A F E Finch Coaches HASAWA Section 2(1) Fedex UK Ltd fined after worker seriously injured by reversing Fedex UK Ltd HASAWA Section 2(1) forklift truck A Yardley House, 11 Horsefair, Rugeley, Staffordshire WS15 2EJ T 01889 577 701 E [email protected] W www.callsafe-services.co.uk
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