TYNESIDE LOGISTICS COMPANY OPERATED UNSAFE SYSTEM OF WORK FOR WORKPLACE TRANSPORT
Posted Wednesday, August 3, 2005 by Ahmed Khan
GeoPost UK Limited, a logistics company, has been prosecuted at North Tyneside Magistrates' Court for breaching health and safety legislation in the circumstances of a near-fatal workplace transport accident at an Interlink Express Parcels depot in Longbenton, Newcastle-upon-Tyne.
HSE investigation of the accident, in which a Geopost HGV driver sustained serious injuries, established that he was helping to unload parcels from his lorry at the time. His load also included a number of roll cages, which were being unloaded using a fork-lift truck driven by the depot's manager but, as the forklift attempted to remove one of these, it became unstable and fell from the forks, striking the HGV driver.
Safe systems of work and monitoring
GeoPost UK Limited was found guilty of breaching S.2(1) of the Health and Safety at Work etc Act 1974 for failing to ensure the safety of its employees for which it was fined £6,000 in fines and costs.
The depot manager, who operated the Interlink Express depot as part of a franchise, had failed to:
ensure the safety of drivers visiting the site; and
carry out an adequate risk assessment for loading operations.
He also was found to have no formal training in driving the forklift truck and was charged with breaching S.3(1) of the Principal Act for which he was fined £4,000, with £2,000 costs.
COMMENT
"This was a very serious accident to a long-standing GeoPost employee which could well have had a fatal outcome. As it is, the man sustained major injuries, and continues to suffer from their effects. This accident underlines the need for employers to have safe systems of work in place for vehicle loading and unloading operations, for example, segregating pedestrians from areas where vehicles operate, and the importance of monitoring these systems to ensure that employees are working safely. Furthermore, where more than one organisation is involved, good communication and co-operation is essential." - HSE investigating Inspector.
NEED TO IMPROVE SAFETY TRAINING FOR WELDERS MADE APPARENT BY STUDY
Posted Wednesday, August 3, 2005 by Ahmed Khan
A report of a study conducted by the Health and Safety Laboratory, that set out to determine the adequacy of the health and safety content of training provided for welders, has been published.
The report, Survey of Provision of Training for Welders, HSL/2005/17, contains information on the qualifications awarded, the health and safety content of the courses identified, and an assessment of the importance of the health and safety aspects of the course in gaining the welding qualification.
It found, for companies training to BS EN 287-1:2004 (Qualification test of welders – Fusion welding – part 1: Steels), there is no requirement to provide health and safety training and very little is provided.
The writers make recommendations that they believe will encourage providers to include health and safety training in their courses in the absence of a specific legal requirement.
PORTABLE POWER TOOL DANGERS ONLY TOO OFTEN REALISED
Posted Wednesday, August 3, 2005 by Ahmed Khan
Two incidents last week illustrated the dangers inherent in the use and handling of power tools such as disc and circular saws.
On the 25th July a building worker luckily escaped death when he severed a leg artery with a circular saw on a site in Chiselhurst, Kent. Such was his loss of blood, emergency services attributed his survival to the speed at which they were able to respond and get him to hospital.
On the 26th of the month a workman died following an accident descending from a ladder when it is believed a power saw he was carrying fell on him, inflicting a severe neck wound.
FLOUR DUST DAMAGED WORKERS' HEALTH
Posted Wednesday, August 3, 2005 by Ahmed Khan
A Berwick Upon Tweed food company has been pursued in the civil courts by a succession of former employees for compensation after they developed occupational asthma. It was maintained by the workers, that the working environment at Jus-Rol in the early 90's gave rise unnecessarily to the condition, the activities there having generated relatively high levels of flour dust, precipitating the condition in more than 10 persons employed there at the time. The company, part of the Pillsbury Group, and now owned by General Mills, says it now employs the full range of measures necessary to protect its current employees from such danger. Claims settled at Newcastle County Court by workers are believed to be approaching £0.5m in total.
VULNERABILITY OF BAKERS
The last 10 years have seen in excess of 600, of some 65,000 baking industry workers, develop occupational asthma as a result of flour and grain, in reality the actual number is considerably higher than this. Bakers are one of the most vulnerable occupational groups, flour and grain are the second biggest cause of the condition.
HSE is working to ensure employers do more to help prevent the illness, all workers exposed to flour should have routine workplace health checks to ensure early detection long before lung hypersensitivity is established.
HSE advocates the use of sprinklers or dredgers to spread dusting flour instead of by hand; avoidance of spillage and raising of dust when putting ingredients into mixers or handling used bags; starting mixers on slow speed until wet and dry ingredients are combined; and the use of vacuums instead of brushes to clear-up dust.
Advice is available from Bakers’ Dozen, HSG233, from HSE Books.
The Breathe Easy training package, including video, is also available from the Federation of Master Bakers, 6 Catherine St, London WC2B 5JJ or Tel 020 7420 7190.
COCKLER PROSECUTED UNDER SAFETY LEGISLATION
Posted Wednesday, August 3, 2005 by Ahmed Khan
A Southport resident has been prosecuted and fined for breaching S.3(2) of the Health and Safety at Work, etc Act 1974 in connection with cockling activities. The man denied the breach but he was fined £600, with £400 costs, after being found guilty of failing to ensure the safety of others while cockling on Morecambe Bay on 18th April 2004, having led a party of 4, including 2 teenagers, one his son, and becoming cut off by the rising tide only 10 weeks after the deaths of at least 23 cocklers in the same area.
The prosecution came with a warning to the industry from HSE that forward planning is essential in ensuring safety during cockling, guidelines for safe working in estuaries and tidal areas when harvesting produce such as cockles, mussels and shrimps can be found at http://www.hse.gov.uk/pubns/estuary.htm .
COMMENT
"Whilst the Morecambe Bay cockle beds are currently closed to protect stocks, this prosecution should serve as a warning to those carrying out cockling in others areas. Ample advice has been available for some time on the HSE website, outlining the common sense measures required to prevent the recurrence of such a situation.
Essentially, cocklers should make forward planning a priority in their activities, looking at things such as tide tables and weather forecasts and taking account of local conditions such as quicksands and shifting gullies. They should plan for all contingencies so that they don't put their own lives, or the lives of others, at risk and lead to interventions by the emergency services." - HSE Principal Health and Safety Inspector.
PREVENTING SICKNESS ABSENCE BECOMING JOB LOSS
Posted Wednesday, August 3, 2005 by Ahmed Khan
A guidance leaflet, Working together to prevent sickness absence becoming job loss, has been published by the HSE to furnish safety and other trade union representatives with information and practical advice on long-term sickness absence and return to work issues.
COSTAIN FINED OVER AVOIDABLE TUNNEL ROCK FALL
Posted Wednesday, August 3, 2005 by Ahmed Khan
An initial reluctance to employ the services of a geologist on a railway tunnel project may have been a factor in a serious accident which left a Costain employee seriously injured.
On 4th March 2004, in the Strood-Higham railway tunnel, a 52-year-old employee was working on foundations inside the tunnel when a chalk block fell from the roof, striking him and badly fracturing his back.
HSE investigation led to prosecution, with the allegation that principal contractor, Costain Ltd, had breached s.3(1) of the Health and Safety at Work etc Act 1974 in the circumstances of the incident, the company tendered a guilty plea at Medway Magistrates' Court and was fined £8,000, with £8,227 costs.
COMMENT
"Chalk falls had occurred regularly in the Victorian Strood-Higham railway tunnel in Kent. The project to line 1,400 metres of the tunnel during 2004 meant that workers had to use heavy plant in a confined area. It was vital that areas of chalk instability were identified and fenced off; and that controls were used to prevent any falling chalk from hitting workers.
During the 14-month preparations for this work the principal contractor - Costain Ltd - had not intended to use a geologist to identify poor areas and had not intended to use steel canopies to protect workers building foundations for the new lining. On 4th March 2004, a construction worker was struck by a block of chalk weighing in the region of 160kg that fell from the roof of the tunnel. He suffered 6 fractures to his spine and is still recovering.
This incident shows how easily construction work can go wrong and how critical it is that the work is carefully planned and managed so that workers are not exposed to unnecessary risks. In setting a penalty in this case the court took account that one week prior to the accident Costain had agreed with HSE that work would be restricted until a geologist could be appointed and canopies brought in." - HM Inspector of Health and Safety.
COMPANY STORED ASBESTOS WITHOUT A LICENCE
Posted Wednesday, August 3, 2005 by Ahmed Khan
A Buckinghamshire company has been prosecuted and fined at High Wycombe Magistrates’ Court for breaching the Environmental Protection Act.
The proprietor of the company, Clear Up Skips of High Wycome, admitted storing waste asbestos at his Cryers Hill site in Binders Yard Industrial Estate without a waste management licence, and for which he was unable to produce a waste transfer note, giving rise to two charges under the Environmental Protection Act. He was fined £1,200 for each count, with £1,430 costs.
MISAPPREHENSION
During June 2004, Environment Agency officials entered the company's site and found 3 skips containing general household and commercial waste, and the proprietor was advised by them that a waste management licence was necessary for his operation. Environment officers returned during August and found 8 skips of waste at the site, and a smaller skip containing what looked to be corrugated and sheet asbestos, its nature being confirmed by laboratory analysis as containing significant quantities of white asbestos.
The proprietor said that he had moved the asbestos from a site 6 miles away, in Amersham, by car. He had the misapprehension that there was a waiting period at a licensed hazardous waste site, and had failed to notify the Environment Agency of his intention to move the asbestos and therefore did not have the necessary paperwork to accompany the waste.
COMMENT
“There are strict controls on hazardous waste to ensure they are transported, treated and properly disposed of in a safe and responsible manor.
By taking asbestos and storing it in unlicensed site, the proprietor was operating outside of the law and out of the control of the Environment Agency. These controls are in place to safeguard the environment and public health.
Anyone handling hazardous waste including asbestos needs to ensure they are aware of the recent changes in the law that affects the waste industry. Any businesses unsure of their responsibilities should contact the Environment Agency on 08708 506 506 or visit our website at http://www.environment-agency.gov.uk/” - Investigating officer for the Environment Agency.
DATE SET FOR SCOTLAND HOMICIDE CONFERENCE
Posted Wednesday, August 3, 2005 by Ahmed Khan
The Centre for Corporate Accountability (CCA) is to present a conference on Corporate Homicide Reform in Glasgow on the 6th October 2005.
The conference is supported by the STUC and Thompsons Scotland, and features prominent speakers, key issues include a new homicide offence for Scotland; holding crown and public bodies accountable?; new offences for directors?; and how to sentence organisations.
For more information, contact the CCA at info@corporateaccountability.org
CUSTODIAL SENTENCE FOR BOAT'S SKIPPER
Posted Wednesday, August 3, 2005 by Ahmed Khan
The skipper of a Rigid Hulled Inflatable Boat (RHIB) has been handed a 4-month custodial sentence following a prosecution arising from a collision his boat had with a buoy in Southampton Water, when returning from Cowes Firework Night on Friday 13th August 2004.
The boat left Ocean village, Southampton, to go to Cowes, Isle of Wight, to watch the firework display where various members of his party were permitted to drive the RHIB. Upon the conclusion of the display, the skipper took control of the RHIB but, just north of the British Petroleum Jetty, whilst travelling at an estimated 33 knots, the boat struck an unlit buoy situated outside of the main channel, on the East side of Southampton Water. The skipper and one of his party were thrown from the boat and swam to the buoy where they climbed on to it, fortunately the skipper was wearing the engine safety lanyard which immediately stopped the boat. There was no Marine radio on board the RHIB, the alarm was raised using a mobile phone to contact a friend.
The other 4 persons remained injured in the boat, all were brought ashore by the Hamble Lifeboat. Of the 6 people onboard the RHIB, 5 were seriously injured, one of the casualties subsequently lost the sight of one eye.
COMMENT
"This is a timely reminder that boats of any shape, size and speed attending the firework night should be extra vigilant when sailing in the dark even when in waters they consider familiar.
Perceptions of hazardous situations in the dark are very different from those in daylight. Speed should be adjusted accordingly. HM Coastguard would also like to remind all boat users to ensure that they are a carrying an operational VHF radio, and would recommend that they use a kill cord." - Maritime and Coastguard Agency Area Operations Manager for the Solent Area.
"This sentence reflects the serious nature of this incident and though fortunately no one was killed it could easily have resulted in fatalities. We are backing the action the Harbour Masters are taking in Southampton and Portsmouth, as a direct result of incidents such as this to impose a 15 knot speed limit during and immediately after this years Cowes fireworks event." - Southampton Police Marine Unit.
CONSULTATION ON NUCLEAR REACTOR IMPACT ASSESSMENT LEGISLATION
Posted Wednesday, August 3, 2005 by Ahmed Khan
A period of consultation has commenced for comment on proposed amendments to the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 (EIADR99).
The HSC Consultative Document outlines the proposals, major of which are to: implement changes made to EIADR99's parent EC Directive; and
simplify arrangements around decommissioning part(s) of a nuclear licensed site.
Comments no later than 31st October 2005, eiadr.amendments@hse.gsi.gov.uk
INCIDENTS AT ENTERTAINMENTS
Posted Wednesday, August 3, 2005 by Ahmed Khan
One person has died after attending a car performance event in Rendlesham, 10 miles northeast of Ipswich. HSE and Suffolk Police are investigating the incident. It would appear the 19-year-old spectator at the motor sports event was struck by a vehicle on Sunday after its conclusion.
Also on Sunday, at the Ocean Beach amusement park in Rhyl, several customers on a rollercoaster suffered a range of injuries when a carriage derailed when it was struck by another. Two were taken to hospital, the ride was closed yesterday to allow HSE officials to examine it.
BAKERY FINED £150,000 FOR UNSAFE MAINTENANCE PROCEDURES
Posted Wednesday, August 3, 2005 by Ahmed Khan
A failure to adequately plan and ensure safe systems of work for maintenance activities has landed an Oxfordshire company with a heavy fine.
On 14th February 2002, at its Southam Road, Banbury premises, a 33-year-old employee of Fine Lady Bakeries Ltd fell from a platform while fixing a bread-cooling machine in the bakery and sustained severe head injuries.
Earlier, Fine Lady Bakery Ltd pleaded guilty to breaching S.2(1) of the Health and Safety at Work etc Act 1974 for which it was fined £150,000,with £26,054 costs at Oxford Crown Court.
COMMENT
"Maintenance activities cause a considerable number of serious and fatal incidents each year and companies should ensure that such activities are adequately planned and safe work practices are established." - HM Inspector of Safety and Health.
TRAINING AND RISK ASSESSMENT FAILURE PUT KENT COMPANY IN COURT
Posted Wednesday, August 3, 2005 by Ahmed Khan
Borough Green Sawmills Ltd of Gillingham has been fined after pleading guilty to breaching S.2(1) of the Health and Safety at Work etc Act 1974 and r.3(1) of the Management of Health and Safety at Work Regulations 1999 in an HSE- instigated prosecution following an incident at its Forge Lane premises.
On the 10th March 2004 a teenage employee was using a circular rip saw to cut timber when he sustained an injury to his right thumb and lost half of his thumb nail.
The charges were based on allegations that neither the injured employee, nor his supervisor, received suitable training on how to use the equipment safely and that supervision was poor. Additionally, no risk assessment had been undertaken and the employees worked without the benefits of risk controls generated by a suitable and sufficient assessment.
At Medway Magistrates' Court the company was fined a total of £5,000, with costs of £1,621.
COMMENT
"The risks of injury from the use of woodworking machinery are serious and well-known throughout the industry. This accident could easily have resulted in a more serious injury. It is important that all persons using woodworking equipment and those supervising the use of woodworking machinery are competent in the use of such equipment." - HM Inspector of Safety and Health.