HSE: Latest prosecution results 30/11/2020

Construction

Building company fined after worker struck by telehandler

Construction company, Cheshire Oak Structures Limited, has been fined after a young employee suffered injuries when assisting in moving a load of timber with a telehandler during a garage construction project at North Crofts Road, Nantwich, Cheshire. Crewe Magistrates’ Court heard how on, 16 August 2018, Mr Jordan Beck was one of two operatives assisting with the transportation of roof rafters along a narrow road using a telehandler, which was being operated by the company director. The worker was helping to guide the load on the telehandler when he was struck by it, which ran over his lower leg, resulting in serious injuries to his foot and ankle.

Cheshire Oak Structures Limited of Darland House, 44 Winnington Hill, Northwich, Cheshire pleaded guilty breaching Section 2(1) of the Health & Safety at Work etc Act 1974. The company was fined £30,000 and ordered to pay costs of £2,497.80.

Scaffolding company fined after scaffolding collapsed

A scaffolding company has been fined for safety failings after scaffolding collapsed on to a street in Maidenhead while it was being dismantled. High Wycombe Magistrates’ Court heard how the collapse could have resulted in serious injury or loss of life. The worker carrying out the dismantling of the scaffold and removal of the scaffold ties was not adequately trained. Subsequent high winds acting upon the monoflex sheeting on the day of the collapse caused then caused the scaffold to act as a “giant sail” and subsequently toppled over into the street.

Formula Scaffolding (London) Limited of Church Lane, Chessington was found guilty in their absence to breaching section 3(1) of Health and Safety at Work Act 1974 and have been fined £160,000 and ordered to pay costs of £11,533.36

Company fined after subcontractor falls from height

Solar panel company Blue Sun Energy Limited was sentenced today for safety breaches after a self-employed labourer fell through a roof light. Leeds Magistrates’ Court heard that on 13 December 2018, the 34-year-old, was working on behalf of and under the control of Blue Sun Energy Ltd when he fell approximately 3.5 metres through an unmarked and unguarded fragile surface (roof light) into the shed below.

Blue Sun Energy Limited of Avenue Road, Queniborough, Leicester pleaded guilty to breaching Section 3 (1) of the Health & Safety at Work etc Act 1974. The company has been fined £38,019 and ordered to pay £1,071 in costs.

Builder fined after contractor suffers life-changing injuries in fall from roof

A builder has been sentenced after a contractor fell eight metres from a roof at a site in Hove. Brighton Magistrates Court heard how on the 28 June 2019, Mark Bucknall was working with another man to install rooflights to the flat roof of a loft conversion in Hove. To access the roof, they had to climb out of a window and up the original tiled roof.

When returning inside the property, the worker slipped and fell landing in the concrete yard of the neighbouring property. He sustained multiple fractures to his spine and right leg, and a fractured left heel and wrist. He is still recovering from the injuries and it is unknown if he will regain mobility.

Mark Bucknall of Holmes Avenue, Hove pleaded guilty to breaching Section 37 (1) of the Health and Safety at Work etc. Act 1974 and was fined £1,760, ordered to pay £2,000 costs and £170 victim surcharge.

Company and director fined after incident leaves worker paralysed

A company and an individual have been fined after a worker suffered life-changing injuries while dismantling an external platform lift. Basingstoke Magistrates’ Court heard how, on 31 August 2017, a worker was injured whilst working on an external lift shaft at Alton College. A heavy component of the lift toppled to the ground and he fell with it, suffering serious life-changing injuries that resulted in him being paralysed and confined to a wheelchair.

The Platform Lift Company, Millside House, Anton Mill Road, Andover, Hampshire have pleaded guilty to breaching a single charge of section 3(1) of the Health and Safety at Work Act 1974 and have been fined £6,000 and ordered to pay costs of £9,104.50.

Mr Davey Marcus, Windsor Avenue, Whitehead, County Antrim pleaded guilty to two charges of Regulations 20(1) and 20(2) of Construction (Design & Management) Regulations 2015 and was fined £480 and ordered to pay costs of £1,000.

Managing director receives suspended sentence after worker is burned in petrol tank explosion

A managing director has received a suspended sentence after an employee suffered severe burns on a construction site in Swynecombe, Henley-on-Thames, Oxfordshire. Milton Keynes Magistrates Court heard how managing director of MWJ Construction Ltd, Marcin Wojtas failed to take reasonably practicable precautions for the decommissioning of a petrol tank, which resulted in an explosion.

An investigation by the Health and Safety Executive (HSE) into the incident that occurred on 9 July 2018, found that the injured person and another operative were instructed by Mr Wojtas to use an angle grinder to remove the tank lid to speed up the decommissioning of the tank. While performing this task, the petrol vapours within the tank were ignited and an explosion occurred. The injured person sustained burns to 26 per cent of their body.

The investigation also found Mr Wojtas had been informed by an officer from the Petroleum Enforcing Authority that the work to decommission the fuel tank was a specialised operation and needed to be completed by a competent contractor. Neither operative had any of the training, experience or knowledge required to make them competent.

Marcin Wojtas of Hatfield Road, London pleaded guilty to breaching section 37 of the Health and Safety at Work etc. Act 1974. He was given a six month suspended sentence and ordered to pay total costs of £8,455.48.

Manufacturing

Company fined after worker suffered serious facial injuries

Manufacturing company, Acrivarn Ltd, was sentenced today for safety breaches after an employee using a 9-inch angle grinder suffered significant facial injuries when the cutting disc came into contact with his face. Huddersfield Magistrates’ Court heard how, on 23 July 2019, the injured person had been assigned the task of dismantling a mezzanine spray booth steel structure in the assembly workshop. To cut through the thicker parts of the steel structure he was using a Bosch nine-inch angle grinder with a steel-cutting disc attached. This equipment requires two hands to operate it.

In order to cut the steel on the higher parts of the booth the employee was using a stepladder and had attached himself to the hook of an overhead crane with a fall restraint harness he was wearing. When he was standing on the ladder, attempting to cut through a piece of angled steel beam, the grinder kicked back at him and the cutting disc made contact with his face. The cutting disc caused a deep laceration under his chin, through into his mouth which required 52 stitches. Nerves in his face were damaged, which caused a loss of feeling and movement in his lips and chin. He narrowly escaped making contact with his jugular vein.

Acrivarn Ltd of South Park Mills, Hare Lane, Pudsey Leeds pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc. Act 1974. The company has been fined £24,000 and ordered to pay £1,412.24 in costs.

Insulation firm fined after employee suffered serious hand injury

A manufacturer of industrial insulation has been fined after an employee suffered serious injuries to his hand while trying to clear a blockage from a machine. Manchester Magistrates’ Court heard that the employee was working at Kingspan Industrial Insulation Limited’s factory in Derbyshire when a cutting machine became blocked. Kingspan produces a variety of pipe insulation for industrial use, resins and other substances are blended then poured into a foil outer layer before being baked to become rigid foam insulation. The outer foil ‘skin’ then needs trimming to get rid of the excess. The excess foil is extracted away from the process and cut into smaller pieces by a cutter.

On the night of the 18 August 2018, the cutter became blocked, the worker had seen others unblock the cutter so isolated the cutter and started to unblock it himself. However, he had only isolated the fan and as he was looking down the pipe to identify the location of the blockage, his left hand came into contact with the rotating blade causing the loss of a finger and other serious injuries.

Kingspan Industrial Insulation Limited of Glossop Brook Road, Glossop, Derbyshire pleaded guilty of a breach of section 2(1) of the Health and Safety at work etc. Act 1974. The company were fined £80,000 and ordered to pay costs of £1,988.45.

Recycling

Recycling company fined after worker suffered life threatening injuries

EPS Materials Recovery Limited has been fined after a worker suffered injuries to his face and head when he was struck by a ball of compressed metal weighing approximately half a tonne. The metal was being used as a brush attached to the grab of a 360-degree excavator machine. Swansea Magistrates’ Court heard how on 8 May 2019, the employee was working in the vicinity of the grab machine. The driver swung the arm to the location of the employee and dropped the brush, in doing this the brush fell onto the worker striking him on the back and causing him to hit the floor with force. He suffered a fractured skull, a fractured eye-socket and fractured cheekbone.

EPS Materials Recovery Limited of Griagola Wharf, King’s Dock, Swansea, was found guilty of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and were fined £300,000 and ordered to pay costs of £7,059.

Waste recycling company fined after employee fatally injured

Enva Scotland Limited has been fined following an incident where a 28-year-old employee, Martin Kane, was fatally injured whilst cleaning a mobile shredder.

Paisley Sheriff Court heard that on, 28 March 2018, at their Burnbrae Road, Paisley site, two employees were trying to remove waste that was trapped between a heavy magnet and a hopper on the shredder machine. Mr Kane was struck by the magnet, which fell after he manually removed the locking pins that were keeping the magnet in place. He sustained extensive head injuries and died as a result.

Enva Scotland Limited, Unit 49, Burnbrae Road, Linwood Industrial Estate, Linwood, Paisley, Renfrewshire pled guilty to breaching Sections 2(1) and 33(1)(a) of the Health and Safety at Work Act and was fined £264,000.

Transport

Logistics company fined after a worker was injured in explosion

A&D Logistics Limited, a national logistics haulier, has been fined after a worker suffered flash burn injuries when there was an explosion as he opened the door of a container. Paisley Sheriff Court heard how, on 7 January 2019, a team leader was requested by a member of the management team to dry out condensation from the office accommodation container. The custom and practice within the yard was to use a propane fuelled open-flame gas torch attached to a 47Kg LPG cylinder which was left burning within the container.

The team leader did this work and returned four hours later to check on the progress of the container. The door appeared closed further than when he had left it. He opened the door by putting his hand in the gap between the doors and pulling. There was an explosion and he was thrown by force against a steel workshop container. Whilst on the ground he saw his arms burning, saw they were on fire, and felt the same of his face and hair.

A&D Logistics Limited, Pegausus Avenue, Linwood, Paisley pleaded guilty to breaching Section 2 of the Health and Safety at work etc Act 1974 and was fined £48,000.

Local Government

Cheshire Council fined after child falls from height

Cheshire West and Chester Council has been fined after a young child fell almost three metres to the floor from a gap in railings, sustaining serious head injuries. Chester Magistrates’ Court heard how on 16 November 2018, a family was visiting Chester City centre to watch the Christmas parade. While standing at a viewing point on The Rows at Bridge Street, their 21-month-old daughter fell through a gap in the railings onto the floor below, resulting in a fracture to her skull.

An investigation by the Health and Safety Executive (HSE) found that one of the spindles on the railings had been missing since at least May 2017, leading to a significant gap (22cm) in the physical protection of the railings on The Rows. Cheshire West and Chester Council failed to ensure that The Rows were maintained to prevent a risk of a fall from height. No risk assessment or risk control measures were put in place for members of the public and employees accessing or working on The Rows before the incident occurred. The council failed to provide adequate information, instruction and training to ensure employees understood the risks associated with a lack of maintenance of the Rows.

Cheshire West and Chester Council of Nicholas Street, Chester, pleaded guilty of breaching section 3(1) of the Health and Safety at Work etc. Act 1974. The Local Authority was fined £300,000 and ordered to pay costs of £5,607.40.