WAREHOUSE OPERATORS NEED TO PLAN FOR SAFE WORKING AT HEIGHT
Posted Friday, November 18, 2005 by Ahmed Khan
The recent prosecution of Iron Mountain Ltd, part of the global data management company, Iron Mountain, should serve as a warning, says HSE, to those involved in warehousing, of the need to take the proper steps to ensure safe access and working at height.
The company was fined after admitting to breaching S's 2(1) and 3(1) of the Health and Safety at Work etc Act 1974, relating to a workplace accident in which an employee was seriously injured with a crushed vertebrae and fractured pelvis after he fell 3.5 metres from a temporary platform erected between two racking units in a warehouse during July 2003 at the Record Centre, North Woolwich Road, Silvertown.
City of London Magistrates' Court fined the company £20,000 for each breach, awarding a £5,000 compensation order to the victim and court costs of £2,376.
COMMENT:
"This is an example of what can happen when work at height is not planned properly and effective precautions are not taken. This type of work should have a site-specific method statement to ensure that the equipment remains safe with suitable measures in place to prevent falls from height.
The company should have made a proper risk assessment prior to commencing the job and provided a system of work incorporating a safe means of access, such as a tower scaffold, an order picker or cherry picker, together with appropriate training tailored to the use of the equipment chosen. At no stage should employees have been required to climb the racking itself.
The company should also have ensured that a competent supervisor was present on site, i.e. someone who could assess the risks and, unlike Mr ____ and the temporary workers, recognise that working at a height of 3.5 metres on unsecured boards placed across an aisle between 2 racking units was unsafe and should not have been attempted." - HSE Inspector.
INADEQUATELY GUARDED DRIVE TORE OFF WORKER'S ARM
Posted Friday, November 18, 2005 by Ahmed Khan
Sentencing of the co-owner of a farming business near Brinklow, Warwickshire, for admitted safety failures brought to light by a horrific accident in which an employee lost an arm, is to take place at Warwick Crown Court next month. The employee was pumping out a chamber when his clothing caught on an inadequately guarded drive which removed his arm at the shoulder.
16 YEAR-OLD LOST PART OF FINGER
Posted Friday, November 18, 2005 by Ahmed Khan
Coil Slitting (Letchworth) Ltd of Letchworth, Hertfordshire, has been fined £5,000, with costs of £4,727, by Stevenage Magistrates after a 16-year-old trainee lost part of his right index finger in an industrial accident in July last year.
The company admitted breaching S.2(1) of the Health and Safety at Work etc Act 1974, in that it failed to ensure the health and safety of all its employees. HSE investigation established that the young worker was only on his 3rd day of employment as a Trainee Slitter Operator, his work involved observing sheets of metal being cut into various sizes using a coil-slitting machine.
During the process rolled sheets of metal unwind from a de-coiler, pass through cutting heads, with the scrap metal and the good metal being rolled onto separate re-coiler attachments at the other end, but whilst trying to adjust moving parts of the machinery, the young worker trapped the tip of his index finger. Examination of the equipment found no safety devices or guards to prevent access to dangerous parts of machinery. He now no longer has part of his finger just below the first joint.
COMMENT:
"This case highlights the need for safety devices or guards to be in place to prevent access to dangerous parts of machinery. It also highlights the extra health and safety precautions companies need to take when employing young people. This should include a suitable and sufficient young persons risk assessment, followed by adequate training, supervision, information and instruction. Further information is available to employers on the HSE website." - HSE inspector.
MANSLAUGHTER CONVICTION OF BUILDING COMPANY OWNER
Posted Friday, November 18, 2005 by Ahmed Khan
The owner of A&E Buildings Limited of Staffordshire has been convicted of manslaughter and of breaching the Health and Safety at Work etc Act 1974 in the circumstances of the death of an employee who fell 10 metres from an unstable mobile elevating work platform on a building project at Kinver, north of Kidderminster.
The convicted man admitted to having failed to ensure work equipment was adequately maintained but, at Birmingham Crown Court, denied manslaughter. However, by a majority verdict, the jury deemed his actions fell into the category of 'grossly negligent', sentencing takes place in a month's time.
HYDRAULIC SYSTEM ACTIVATION KILLED WORKER
Posted Friday, November 18, 2005 by Ahmed Khan
A worker died under a car transporter's platform when its hydraulic system activated as he inadvertently contacted its controls while working to repair it. His employer, Belle Car Transporters and Specialised Trailers Ltd, Hoblongs Industrial Estate, Chelmsford Road, Great Dunmow, Essex, has been prosecuted and fined £40,000, with approx. £10,000 costs, at Chelmsford Crown Court after admitting to breaching the Health and Safety at work etc Act 1974 in the circumstances of the January 2004 tragedy.
Investigation disclosed that no manual for the vehicle hydraulics was available to the company for risk assessment purposes and to help establish a safe system of work.
EMPLOYER AND HIS DRIVER RECEIVE CUSTODIAL SENTENCES OVER FATAL RTA
Posted Friday, November 18, 2005 by Ahmed Khan
An employer, the proprietor of Future Driving Services Limited of Stoke, who encouraged his HGV driving employees to exceed their permitted driving hours, is now serving a 3-year sentence for manslaughter for his contribution toward the death of a cyclist in an August 2003 road traffic accident on the A50.
The driver involved, who fell asleep behind the wheel at the time of the accident, was convicted at Nottingham Crown Court of causing death by dangerous driving and sentenced to 4 years in prison, investigation established that many other drivers were exceeding the permitted driving hours.
Attempts by 2 employees to conceal facts from investigators by destroying tachograph records earned them 9-month sentences.
FIRE AND PROSECUTION HIGHLIGHTS PERIL OF DRAINING PETROL
Posted Friday, November 18, 2005 by Ahmed Khan
An extensive and destructive fire on 26th of March 2004 destroyed a large garage workshop, along with MOT bays and a showroom at City Motor Holdings Ltd Chichester, it required the deployment of 15 fire engines to quell the blaze that warranted a 200-metre exclusion zone, that generated some inconvenience until it was lifted the following day. Fortunately no injuries were sustained, but at Chichester Crown Court, City Motor Holdings Ltd pleaded guilty to breaching S.2(1) and 3(1) of the Health and Safety at Work etc Act 1974 for which it was fined £30,000, with costs of £13,710.
COMMENT:
"The accident at City Motor Holdings is an powerful example of what can happen when the appropriate safety measures are not followed. Anyone draining petrol should use a fuel retriever and be properly trained and supervised. In this case petrol was being siphoned into an unsuitable container which resulted in a major fire destroying a large workshop and 14 cars, a further 11 cars were damaged. Fortunately, the company's evacuation procedures meant that there were no injuries." - HM Inspector of Health and Safety.
SCOTTISH FOOTBALL CLUB FINED £4,000 OVER PLAYER'S ELECTROCUTION
Posted Friday, November 18, 2005 by Ahmed Khan
A 17-year old apprentice footballer with Falkirk Football Club lost his life on 8th July this year when the 6-metre long support for a net he was handling contacted a 11kV overhead power cable as he worked to prepare for a training session for senior players at the club's Grangemouth fields. The club was fined £4,000 at Falkirk Sheriff Court for breaching S.2 of the Health and Safety at Work Act etc 1974, having failed to ensure the safety of employees.
LEGIONNAIRES' DISEASE DEATH CASE BRINGS FINES FOR HOTEL, ITS CONTRACTOR, AND ITS HEALTH AND SAFETY CONSULTANT
Posted Friday, November 18, 2005 by Ahmed Khan
The relatives of 2 persons who contracted Legionnaires' disease and subsequently died have been highly critical of the part played by the local authority in its handling of the outbreak centred on the Copthorne Hotel, Culverhouse Cross, Cardiff, during late 1999 and early 2000.
The families have also expressed their sense of grievance with the outcome of the prosecution which led to admissions of breaches of health and safety law by the hotel, its contractor who incorrectly installed a buffet humidifier, and its health and safety consultant. Manslaughter charges against the contractor's employees were dropped.
FINES
Investigation established that the buffet humidifier was installed in a manner that permitted it to emit mist with the pneumophila bacteria into the dining room at the hotel, 5 other guests contracted the disease but recovered.
At Cardiff Crown Court the managing director of Link Unit (Engineers) Limited, of Skelmorsdale, Lancs, was fined £7,500, with costs of £2,500; the hotel was fined £40,000, with approx. £15,000 costs, for breaching the Health and Safety at Work etc Act 1974; the health and safety consultant was fined £4,000, with approx. £1,000 costs.
The family of one of the deceased say they would have expected the authorities to have acted to prevent guests being placed at risk following the first death in December 1999, the second victim visited the hotel more than one month later. They maintain the Crown Prosecution Service did little to support the families. They also bring into question the wisdom of employing buffet humidifiers when attendant risks cannot, apparently, be very easily controlled.
RETAIL UNION PUBLISHES SAFETY PAGES
Posted Monday, November 14, 2005 by Ahmed Khan
The Union of shop, distributive and retail workers (Usdaw) has published new web pages for its 341,000 members and safety representatives to keep them informed on the latest health and safety issues.
The pages at www.usdaw.org.uk/healthandsafety/ features SafetyNet, a discussion forum, access to a regular safety representative newsletter and a channel of communication with the Usdaw H&S team.
WORK RELATED INJURIES AND ILL HEALTH 04/05 STATISTICS RECORD A GENERAL IMPROVEMENT BUT NOT IN FATAL/MAJORS
Posted Monday, November 14, 2005 by Ahmed Khan
The HSE has published the statistics on work related injuries and ill health for 2004/2005, providing some evidence, given that the mid-point of the 10-year period has been reached, that where 'Revitalising' targets are not being met, at least progress in these is discernable from the figures, with the notable exception of the target set in 1999/2000 for fatal and major injuries.
Numerically, compared with the preceding 12-month period: fatal injuries to workers were down 7% (220, from 236); construction (71) and agriculture, forestry and fishing (42) account for approx. 50% of these; reported major injuries to employees fell 2.2% (30,213);
over one-third of all reported major injuries were caused by slipping or tripping; reported over-3-day injuries fell 8% (120,346); 40% of over-3-day injuries were caused by handling, lifting and carrying; 361 members of the public were fatally injured; 2 million people suffered ill health that they believe was caused by a work- related activity, (down from 2.2 million in 2001/2); and stress and musculoskeletal disorders account for around two-thirds of occupational ill health;
In terms of principle targets set and progress made: fatal and major injuries to be reduced by 5% by 2004/2005 - not being met, figures remain stubbornly steady; occupational ill health to be reduced by 10% by 2004/2005 - HSE believes this target is, or is close to, being met; and working days lost to be reduced by 15% by 2004/2005 - HSE believes this is possibly being met.
COMMENT:
“I am pleased to see the reduction in cases of occupational ill health and the continuing reduction in the rate of fatal and major injuries in the production industries, especially in construction, but the overall picture is mixed.
I am concerned at the increase of reported major injuries within the service sector, which is one reason the midpoint target for fatal and major injuries has not been met. We are making progress in meeting the days lost target, but in spite of the improvement last year it would be complacent to think we had cracked the problem of health at work. Today’s figures suggest that our strategy is beginning to bear fruit but an even greater focus is needed.
A combination of factors is needed. Strong inspection and enforcement are vital, and we have to redouble our efforts to support local authority colleagues and work in even greater partnership. Initiatives such as moving goods safely are vital.
Our role is far wider than that of an enforcer. As an enabler we have supported partnership working in construction, food, paper and board and quarrying. Obviously the commitment of the social partners is crucial whether at sector level, company level or the shop floor. Partnership working between employers and employees does produce results." - Chair of the Health and Safety Commission.
Speaking on the performance of the construction industry, HSE Chief Inspector of Construction commented: "My congratulations go out to the industry on the progress it has made so far. I am pleased to see the encouraging signs that it has taken ownership of its health and safety performance and worked hard to achieve the lowest incidence rate ever for fatal and over-3-day injuries. It is on target to exceed the 'all industry' Revitalising targets set in 2000, but it is yet to meet its own challenging targets set at the 2001 Construction Summit.
Difficult challenges still face the industry, and it must continue to show leadership in taking further action to drive through the cultural and behavioural changes needed for further improvement. Falls from height are still a major concern, accounting for almost 40% of the 71 workers who were killed in 2004/5. Each death is still one too many and simple measures could have prevented them. I want to see an industry that gets health and safety right first time, right from the start and with the right people involved.
Work-related ill health affects a significant number of construction workers; the sector has one of the highest rates of musculoskeletal disorders of all industries and needs to control the risks to its workers more effectively. HSE will continue working in partnership with the industry to gain improvements in the management of occupational health, as well as the issues it faces with safety."
ACAS HELPS EMPLOYERS TO PREVENT BULLYING AT WORK
Posted Monday, November 14, 2005 by Ahmed Khan
Acas has introduced commenced a free online learning course to help employers understand and prevent bullying and harassment in the workplace, this being reckoned by many to be a major source of workplace stress.
The online course: defines bullying and harassment and helps employers recognise and deal with it; offers good practice advice on developing policies; and states the consequences of inaction.
COMMENT:
"Bullying and harassment of any kind are in no-one's interest and should not be tolerated yet it continues to be a problem in today's workplace. It increases absenteeism, staff turnover and reduces the quality of work and staff morale. There can be a lot of confusion on how to recognise and deal with the issues. Our new online course can help employers put in place the right procedures to deal with problems promptly.
It is important to recognise and increase awareness of the effects of bullying in the workplace which is why today's 'Ban Bullying at Work' day provides a vital opportunity to highlight the issues involved. Acas believes by getting the issues out in the open and putting in place appropriate policies and procedures employers will help stop problems developing in the first place." - Acas Chief Executive.
"We believe strongly that by working in partnership with other bodies, such as the Andrea Adams Trust, the TUC and other Government Departments. We can use the Stress Management Standards to work with and help organisations tackle the issue of workplace bullying in a positive way." - Head of the Stress Programme Team at HSE.
HSE STATEMENT ON 2001 CORUS EXPLOSION INVESTIGATION
Posted Monday, November 14, 2005 by Ahmed Khan
The following statement has been issued by the HSE concerning the progress of its investigation into the deaths of 3 men resulting from an explosion within blast furnace No 5 at the Corus steelworks, Port Talbot, on 8th November 2001 which destroyed its integrity, ejecting a quantity of flammable and toxic gas (mainly carbon monoxide).
"The HSE is continuing to examine the large amount of evidence presented during the Coroner's Inquest earlier this year. This, in the context of HSE's investigation into the incident, will determine whether there is a case to answer by any of the parties involved under health and safety law.
We remain in regular contact with the families of the deceased men, and can advise that we estimate a decision on the next steps to be made public early in the New Year." - Health and Safety Executive Director for Wales.
COSHH GUIDANCE FOR PRINTING WORK
Posted Monday, November 14, 2005 by Ahmed Khan
HSE has published COSHH essentials for printers: control guidance sheets, describing good practice on the control of exposures to chemicals in a range of common printing processes and tasks including: lithographic; screen; gravure; flexographic; and digital.
Advice is also afforded on the use of isocyanate based laminating adhesives, with links to glove selection and health surveillance.
FISHING INDUSTRY SAFETY GROUP TO CONTINUE
Posted Monday, November 14, 2005 by Ahmed Khan
The main forum for discussion of safety standards within the fishing industry is to continue. Following a formal 5-yearly review, The Fishing Industry Safety Group (FISG), which has an advisory role in the development, implementation and enforcement of industry safety standards, is now the subject of a memorandum of understanding (MOU) between the Maritime and Coastguard Agency (MCA) and UK fishing organisations¹. The Group meets twice a year, but provision has also been made for work to be done in correspondence and through FISG Sub-Groups, such as the technical panel and a technical operation group. The group has worked to introduce or review codes for vessels of different sizes.
¹ The Scottish Fishermen's Federation, the Northern Ireland Fishermen's Federation, the Ship Builders and Ship Repairers Association, the National Fishermen's Federation.
LADDERS WEEK EVENTS 14 – 18 NOVEMBER
Posted Monday, November 14, 2005 by Ahmed Khan
HSE, through its various regional offices, is organising events during Ladders Week (Ladders Fortnight in Scotland, 14-25), many in partnership with trade associations, local employers and equipment hire companies. Inspectors will meet with employers and ladder users, and discuss current use of ladders and suggest sensible measures to improve safety.
The initiative is marked by the publication of Safe use of ladders and stepladders - an employers' guide, to help raise awareness of the risks associated with ladder use and giving advice on how to use them safely, and A toolbox talk on leaning ladder and stepladder safety, for employers giving refresher training to ladder users.
Typical of the nationwide events taking place are:
Scotland: Dewars Centre, Perth, 14th November, (1.00 - 4.30) before a target audience of facilities management companies, large organisations which may have their own maintenance facilities on site, and other companies which use ladders - the aim being to take the information available from the campaign and cascade this as widely as possibly - organisations involved in the launch event are: British Gas, the British Ladder Manufacturers Association, and Speedy Hire. BLMA and Speedy Hire will be demonstrating safe work at height solutions.
A series of talks to large employers by various Inspectors cross Scotland; similar talks to local safety groups cross Scotland, and sessions on ladder safety to college-run courses for safety officers; a programme of pre-arranged visits to up to 70 facilities management companies in Scotland to assess the potential for improvement in selection of access equipment and the safe use of ladders.
SW England: The HSE, Parklife and the British Ladder Manufacturers Association, along with HSS Hire Services, have organised a series of events including 2 events for employers/employees in Gloucestershire to raise awareness of the risks involved in using ladders - 2 seminars at Parklife (the training and advice service for small businesses), in Gloucester on the 22nd and Mitcheldean on the 24th November, at both events there will be presentations from an HSE Principal Inspector, and from the British Ladder Manufacturers Association and demonstrations of how to use ladders and ladder accessories safely by local tool hire company HSS.
CONTROLLING THE RISK OF LEGIONELLA IN SPA POOLS - DRAFT GUIDANCE
Posted Monday, November 14, 2005 by Ahmed Khan
Spa pools are enjoying increasing popularity and are installed in sports complexes, health clubs, hotels, holiday complexes, cruise ships, and in private houses. Spa pools must be managed carefully to ensure water quality does not deteriorate and create conditions that lead to illness for users and others in the vicinity, with the greatest threat arising from the possibility of Legionnaires’ disease.
The HSE and the Health Protection Agency have published draft guidance, with final guidance emerging in Spring 2006. The guidance is intended to help those designing, manufacturing, supplying, installing, displaying and most importantly managing spa pools meet their legal responsibilities under health and safety legislation, but may also be useful for the domestic owner.
In the interim, HSE has published a brief guide to keep up to date, but for wider information on the issue, visit HSE's dedicated page.
TIP-OFF LED TO CONSTRUCTION PROSECUTION
Posted Monday, November 14, 2005 by Ahmed Khan
Optima (Cambridge) Limited of Peterborough has been prosecuted and fined for breaches of the CDM Regulations and the Construction Regulations, arising from activities brought to the attention of the HSE by an anonymous complaint about construction work at a housing development in Eastfield Road, Peterborough, during November 2004.
Optima was fined a total of £8,000, with costs of £13,151, at Peterborough Magistrates' Court, having been found guilty of 3 breaches of these regulations, the company pleaded not guilty to all charges.
The HSE inspector investigating the complaint found: unsafe working at height with a significant risk of persons being injured;
mobile access towers bridged by scaffold boards; unsecured ladder accesses; and an absence of key health and safety documentation relating to the project which was not displayed on site and could not be produced.
Optima (Cambridge) Ltd denied breaching r.5(1), and 6(1) of the Construction (Health, Safety & Welfare) Regulations 1996, and r.16(1)(d) of the Construction (Design & Management Regulations) 1994.
PAINTS DIRECTIVE LEADS TO LOWER VOC EMISSIONS
Posted Monday, November 7, 2005 by Ahmed Khan
New UK legislation now in force, a consequence of the Paints Directive, relates to paints and varnishes used by both professionals and DIY'ers¹, and follows a period of voluntary reduction by manufacturers in the incorporation of organic solvents in their products that release volatile organic compounds when applied.
The Directive contains a derogation permitting the limited use, under licence, of old style paints for restoration and coatings for historic vehicles and buildings.
Consumers will now notice a reduction in the strength of the familiar paint odours, the Department for The Environment, Food And Rural Affairs (defra), says that: paints designed for domestic use, and used in accordance with manufacturers' instructions, present risks to health from exposure to volatile organic compounds (VOCs) that are likely to be very small, but good ventilation is important;
complete absence of risk cannot be guaranteed as some VOC's are genotoxic carcinogens and for these compounds no absolute guarantee of safety can be given, no matter how low the level of exposure;
persons suffering from asthma should avoid exposure to high concentrations of VOCs as these may produce irritation of the airways; pregnant women and small children should not be exposed to high concentrations of VOCs.
Domestic regulations, which are now in force, will see limits to the solvents in paints effective from 1st January 2007, with more stringent limits in place from 1st January 2010.
¹ Information on the possible effects on health of indoor exposure to VOCs may be found at COMEAP.
FALLS FROM HEIGHT - INSPECTION PACK PUBLISHED
Posted Monday, November 7, 2005 by Ahmed Khan
Falls from height are the most common cause of workplace fatal injuries to employees and the self-employed, and now anyone working to help control the risks, or wishing to develop a good knowledge of the issue, can access a publication intended for HSE inspectors.
Topic inspection pack - falls from height arms HSE inspectors with the intended consistent approach to: the inspection process;
assessing duty holders' ability to manage work at height; and
guidance on what HSE terms risk control indicators and Initial Enforcement Expectation (IEE) which relates to expected enforcement actions.
The Inspectors checklist, which references prohibition and improvement notices with failures to control risks, serves as a reminder of how easily work on site can potentially be disrupted by enforcement action.
The current generation of health and safety professionals is very fortunate to be able to examine such documents, allowing the reader, whether a construction specialist or not, to quite quickly develop a thorough understanding of the issues and legal requirements involved, a privilege, for whatever reason, not often afforded to practitioners of previous decades.
ENFORCEMENT ACTION IN ST ALBANS
Posted Monday, November 7, 2005 by Ahmed Khan
The latest in a series of HSE inspections of commercial and industrial premises in the East and Southeast of England, on this occasion in the St Albans area last week, involved visits to 69 premises and required 6 enforcement notices to be issued. The notices related to areas where risks were not being well managed - working at height; guarding of machinery; and the need for thorough safety examinations of forklift trucks.
Employers benefited from advice and guidance dispensed by the officials during the visits, some avoiding enforcement by addressing matters brought to their attention.
COMMENT:
"We concentrated on the 2 areas that cause the most serious accidents at work - workplace transport and working at height. We also looked at the control of noise, occupational asthma, slips, trips and manual handling risks.
I advise all businesses to assess their health and safety standards, not just for the risks we targeted, but for all their activities. Poor health and safety standards at work not only put workers at risk of serious injury, but can also seriously damage profits." - HM Inspector of Health & Safety for the area.
UK'S FIRST SAFER WORKING TOWN
Posted Monday, November 7, 2005 by Ahmed Khan
The North Yorkshire market town of Northallerton is not too well known, it is just off the A1, situated near the site of the Battle of the Standard (1138) and John Radcliffe the famous astronomer was a scholar there, but now it has taken a national lead in health and safety by becoming UK's first, self-styled 'Safer Working Town'.
Its new status results from bringing all its working community together for the first time to share the common vision of a healthy and safe future through a major new initiative initiated by HSE and Hambleton District Council that commences with a week-long series of activities aimed at workers, employers, and members of the public in and around the town.
Individuals, businesses, Unions will be participating in the initiative that features: free seminars and drop-in information points on key H&S topics - farm safety, first aid, manual handling, falls from height, stress, asbestos, hazardous substances, and fire safety; partner organisations hosting an impressive range of in-house activities for their own employees; North Yorkshire Police are conducting: voluntary health checks for blood pressure, cholesterol, and diabetes; lunchtime fitness sessions; a stress awareness display with everything from stress-testing equipment to light-hearted games; sight checks for police drivers and VDU operators; 25-point safety checks on all Hambleton police vehicles; maintenance checks of all specialist equipment including first aid kits; visits to workplaces by local safety and health practitioners; Hambleton District Council's Community Safety Van; advice on the best ways to use the Ambulance Service; and a local osteopath will dispense back care advice.
COMPANY FAILED TO CONTROL EXPOSURE TO RESPIRATORY SENSITISER
Posted Monday, November 7, 2005 by Ahmed Khan
Thermo Radiometrie Limited, part of the giant Thermo Electron Corporation which describes itself as a 'world leader in analytical instruments', has been prosecuted and fined for allowing its employees to be exposed to insufficiently controlled levels of the substances contained in colophony fume¹ as they worked at its Gloucester premises from 1999 to 2003. During 2003, an employee was diagnosed with work-related asthma.
Risk assessment conducted during 1999 alerted management to the problem, exhaust ventilation equipment was eventually obtained, but this was not in service until the considerable period of years had elapsed.
Lengthy investigation by HSE officials resulted in prosecution, the company, it was alleged, had failed to manage the risks arising from the use of rosin based solder flux fume, did not conduct a suitable and sufficient risk assessment, and had failed to provide health surveillance.
At Gloucester Magistrates' Court the company admitted breaching S.2 of the Health and Safety at Work etc Act 1974 and r's 6² & 11³ of the Control of Substances Hazardous to Health Regulations 2002 for which it was fined a total of £16,000, with costs of £14,500.
¹ Solder fume (also known as colophony) is a complex fume containing particles and gases that are hazardous by inhalation. Solder fume exposure is a leading cause of occupational asthma, it can also worsen existing asthmatic conditions, to learn about its proper control read the advice in Controlling health risks from rosin (colophony) based solder.
² Assessment of the risk to health created by work involving substances hazardous to health.
³ Health surveillance.
HEALTH AND SAFETY LAW USED TO CONVICT AT CARE HOME
Posted Monday, November 7, 2005 by Ahmed Khan
The proprietors of a care home have been prosecuted and fined for failing to act to prevent what was unearthed as a catalogue of abuse over a 4-year period to which some disabled residents under its care were subjected by its staff, possibly the first time health and safety law has been used for this purpose.
The Crown Prosecution Service instigated the prosecution of Partnerships in Care Limited, then proprietors of Bedes View Care Home, Hull.
Hull Crown Court fined the company £100,000 for breaching S.3 of the Health and Safety at Work etc. Act 1974 and levied costs of £24,900, 5 management members of staff were also fined for their failings, several carers received custodial sentences earlier this year.
FIRM PROSECUTED FOR 10 BREACHES OF CONSTRUCTION SAFETY LAW
Posted Monday, November 7, 2005 by Ahmed Khan
A Bedfordshire company, Cowlgrove Ltd, but trading as Cowlgrove Developers Ltd, Flitwick, Beds, has pleaded guilty to 10 charges of breaching the CDM and Construction Regulations in relation to sites being developed, and visited by HSE officials in March this year.
Subsequent investigation centred initially on an unsafe ladder access and unsafe scaffolding during the construction of a 3-storey block of flats on the brownfield site in Linden Road, Bedford. Cowlgrove Ltd was both client and principal contractor, and had instructed roofing sub-contractor, H. McIntyre & Sons Ltd, of Luton, to install the roof of a bay window.
An inspector observed 2 men working unsafely inside a scaffold, which Cowlgrove Ltd had provided without suitable handrails, representing an inadequately controlled risk of the individuals falling about 5 metres. The 2 workmen had gained access using an unsecured, extending ladder, additionally, the inspector also saw one of the roofers balance on 2 putlog scaffold tubes at the bay window with nothing to stop him falling through the scaffold.
FINES
Cowlgrove Ltd admitted breaching r.'s 5(1) and 6(1) of the Construction (Health, Safety & Welfare) Regulations 1996 (CHSW), and r.'s 10 and 16(1)(a) of the Construction (Design & Management) Regulations 1994 (CDM).
It also admitted breaching r.'s 6(1),10 and 16(1)(a) of CDM at sites in Ward Hedges Road, Flitton, and High Street, Houghton Conquest.
The £16,000 total fine was made up of 10 separate fines imposed for each of the breaches listed above, £2,000 for each breach of the CHSW regulations and £1,500 for each breach of the CDM regulations. Costs of £4,000 were also awarded.
H. McIntyre & Sons Ltd, of Sundown Park, Luton, pleaded guilty at an earlier hearing to breaching r.'s 5(1) and 6(1) of CHSW for which it was fined £3,000, with £2,275 costs.