Power Link Machines (UK) Ltd was sentenced for safety breaches after the Health and Safety Executive (HSE) was informed the company was using gaskets within its generator sets that contained asbestos.

Analysis by HSE’s Science Division confirmed the gaskets contained asbestos.  The company was served with a Prohibition Notice on 26 March 2018 requiring them to stop the use of these gaskets and ensure that they did not import any asbestos containing items.

Leeds Magistrates’ Court heard that a second concern was received on 21 September 2018 stating that employees were being asked to work on a generator set, which contained gaskets which looked very similar to those found to contain asbestos earlier in the year. This unit had been imported from Power Link Machine (Shanghai) Co Ltd.

An investigation by HSE found that these gaskets also contained asbestos and as the generator set had been imported into this country, the company had breached the Prohibition Notice served in March 2018. The company subsequently allowed an untrained employee to remove these gaskets releasing asbestos fibres into the generator set and then asking two other employees to work within that generator set, exposing them to asbestos fibres.

Power Link Machines (UK) Ltd of Vickers Building, Hurricane Close, Sherburn in Elmet pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974 and breaching Regulation 9 (1) and Schedule 6, part 2, section 2 of the REACH enforcement regulations 2008. The company was fined £22,000 and ordered to pay costs of £2,062.

Speaking after the hearing, HSE inspector Rachel Brittain said: “When materials that contain asbestos are disturbed or damaged, fibres are released into the air. When these fibres are inhaled, they can cause serious diseases.

“Had the company put robust checks in place to ensure that they were not importing asbestos containing materials, this incident would not have occurred.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk^[1]
2. More about the legislation referred to in this case can be found at: legislation.gov.uk/ ^[2]
3. HSE news releases are available at http://press.hse.gov.uk^[3]
4. Please see the link below to the page on HSE’s website that is the best guide to doing it the right way: https://www.hse.gov.uk/asbestos/dangerous.htm

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A warehouse management solutions company has been fined after an employee was electrocuted while servicing an air compressor.

Maidstone Magistrates’ Court heard that on 8 December 2017, Andrew Meade was carrying out pre-planned maintenance on an air compressor at a distribution centre in Gravesend, when he was electrocuted. He was not found for more than an hour following the incident. His injuries were fatal.

An investigation by the Health and Safety Executive (HSE) found that the control measures in place to prevent contact with electricity during maintenance activities were not suitable or sufficient. The electrical systems had not been tested or visually inspected since installation, and an incorrect isolating switch had not been identified.

Logistex Limited of Kettering Parkway, Kettering, Northamptonshire pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974. The company was fined £180,000 and ordered to pay full costs of £23,358.16.

Speaking after the hearing, HSE inspector Joanne Williams said: “Poorly maintained electrical installations and faulty electrical appliances can kill or severely injure people; and cause damage to property.

“This was a wholly avoidable incident, caused by the failure of the company to implement safe systems of work and identify the risks. Had the company identified the correct isolation point for the compressor and ensured that employees were sufficiently trained and supervised in the lock off procedures expected of them then this fatal incident would not have occurred.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
2. More about the legislation referred to in this case can be found at: legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk
4. Guidance can be found on the HSE web site: hse.gov.uk/safemaintenance/permits.htm www.hse.gov.uk/pubns/books/hsg253.htm

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A facility services company operating at Winchester prison has been fined after a worker suffered a broken leg when he was struck by a forklift truck (FLT).

Basingstoke Magistrates’ Court heard that on 23 May 2019, the Gov Facility Services Limited employee was injured whilst carrying out inspections of drain covers adjacent to a workshop. He was struck by a FLT, breaking the bone in his right leg. The driver of the FLT was unloading boxes for a delivery to the canteen, his view was obscured by the load on the forks, preventing him from seeing the other employee.

An investigation by the Health and Safety Executive (HSE) into the incident found that the company had failed to carry out the appropriate risk assessment to identify and implement risk control measures to ensure vehicles and pedestrians were not working at the same time in the same place.

Gov Facility Services Limited of Albany House, Petty France, London pleaded guilty to breaching Section 2(1) and 3(1) of the Health and Safety at Work Act 1974. The company was fined £15,000 and ordered to pay costs of £7,638.

Speaking after the hearing, HSE inspector Nicola Pinckney said: “This injury was easily preventable. Planning for transport safety and implementing safe working practices should avoid such incidents.

“Workplace transport is a significant hazard and the risks must be recognised and managed. There are simple and effective measures employers can take to help keep everyone safe.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required safety standards.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
2. More about the legislation referred to in this case can be found at: Workplace transport safety – A guide to workplace transport safety (hse.gov.uk) legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk

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As lockdown measures are eased and businesses across Yorkshire and the Humber reopen, Work Right has created dedicated resources in multiple language versions to keep employers and workers safe from COVID-19.

Work Right in Yorkshire and the Humber provides accessible resources for both businesses and workers, which provides guidance and support on how people can remain safe as the remaining business sectors reopen, and more and more employees return to work.

These are available on the Work Right website and include posters for the workplace and a leaflet for workers in seven languages: English, Gujarati, Polish, Hungarian, Romanian, Punjabi and Urdu

The Work Right campaign is being run by the Health and Safety Executive (HSE) to remind employers and workers across the region to be mindful of the continued risk of coronavirus and encourages everyone to take an active role in stopping the spread of the virus.

Employers must continue to have COVID-secure measures in place to manage the risk of coronavirus to protect workers, customers and visitors, and need to ensure that everyone follows them. Workers should follow both the measures in place at work and the government guidelines on coronavirus outside of work. They should be aware of avoidable risks of infection, which could lead to them bringing the virus in the workplace.

Bruno Porter, Acting Head of Operations, Yorkshire and North East at the Health and Safety Executive, said: “The aim of the Work Right campaign is to highlight the need for everyone in Yorkshire and the Humber to continue to follow the advice to stop the spread of COVID-19 as lockdown restrictions are eased.

“Work Right in Yorkshire and the Humber is designed to be easily accessible for employers and workers, presenting guidance and information in a way everyone can understand to improve safety for everyone.

“All businesses should have COVID-secure measures in place. Businesses have a legal duty to protect their workers and others from harm and this includes taking reasonable steps to control the risk and protect people from coronavirus.

“This means making business adjustments to be COVID-secure. We encourage employers to work with their staff when implementing changes, to help increase confidence with workers, customers and the local community.

“When discussing COVID-secure measures with staff, employers should think about their time outside of work, such as how they get to work, and consider this in the measures implemented. If workers have to use public transport, consider staggering start times so they can avoid busy commuting times. Or, if workers live or travel to work together could you put them on the same shift?

“We encourage workers to follow government guidelines when outside of work and to discuss their situations and ideas with their employer. There are some quite simple changes businesses can make to take COVID-secure measures a step further to help stop the spread of COVID-19.”

As part of its Work Right campaign in Yorkshire and Humber, HSE is currently carrying out spot checks and inspections on businesses to check they have COVID-secure measures in place. During the spot checks and inspections HSE will provide guidance where required but, where businesses are not managing the risk, immediate action will be taken.

For more information, please visit workright.campaign.gov.uk/Yorkshire.

/ENDS

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
2. Work Right is a campaign run by the Health & Safety Executive aimed at helping smaller businesses and workers in Britain to navigate the benefits of proportionate and effective risk management. During the COVID-19 pandemic a primary health and safety concern for all businesses has been the risk of coronavirus transmission and is one of Work Right’s primary targets to address.
3. Throughout the pandemic HSE has helped businesses create COVID-secure environments for millions of workers as they continue to perform critical roles that keep the nation running. HSE has conducted spot checks and inspections of businesses to check measures are in place, and published guidance on making workplaces more resilient to virus transmission.
4. HSE news releases are available at www.press.hse.gov.uk. For HSE’s working safely guidance see www.hse.gov.uk/coronavirus/working-safely/index.htm

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A utilities company has been fined after a member of the public suffered fatal injuries after falling into an excavation on a footpath.

Luton Crown Court, sitting at Knight’s Chamber in Peterborough Cathedral, heard that on 28 May 2017 M&S Water Services (Utilities) Ltd was digging on a footpath on Devon Road, Luton to access a stop tap that needed replacing. The stop tap could not be reached by hand and so it was left protected by plastic barriers until a deep dig team could attend a few days later.

Over the bank holiday weekend, a member of the public, Matthew Wilmot, was walking home when he fell into the excavation site. His body was found the next morning.

A Health and Safety Executive (HSE) investigation found that suitable and sufficient risk assessment had not been completed. It should have identified the need for secure fencing, back filling or covering as the excavation was to be left unattended for five days and there was no easy alternative route for nearby householders.

M&S Water (Utilities) Ltd of High Town Enterprise Centre in York Street, Luton were found guilty of breaching Section 3(1) of the Health and Safety at Work Act 1974. They were fined £100,000 and ordered to pay costs of £50,238.

Speaking after the hearing, HSE inspector Alison Ashworth said: “This tragic incident could have been avoided if the risks had been properly assessed and simple precautions put in place.”

Notes to Editors:
1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk
4. For more information on how to do a proper risk assessment, please visit: https://www.hse.gov.uk/simple-health-safety/risk/index.htm

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