Three construction companies have been fined after the director of one of the firms received serious injuries after falling 11 metres when a gust of wind blew him off a roof.

The three firms, Bowmer and Kirkland Ltd, Advance Roofing Ltd and JKW Roofing were working on the roof of the new three storey teaching block of Abbotsfield School for Boys in Hillingdon.

Westminster Magistrates’ Court heard how on 23^rd February 2017 Storm Doris was moving across the UK bringing gusts of wind up to 94 mph. Because of the winds there were numerous warnings on site and many activities had been suspended. The roof works continued however, until the early afternoon when a gust of wind blew JKW Roofing company director John Whitham, 52,  off the roof, along with freestanding A-frame barriers and stacks of insulation. Mr Whitham sustained severe injuries to his pelvis, vertebrae and tibia, from which he continues to suffer.

Bowmer and Kirkland were the principal contractor on the project. Advanced Roofing were contracted to carry out the roofing works on the project and had sub-contracted the substantive roofing works on the main building to JKW Roofing while using its own workers on other areas.

An investigation by the Health and Safety Executive (HSE) found all three contractors had failed to ensure that a suitable and sufficient system to assess the effects of high wind when working at height was being followed. The companies had taken an informal approach to assessing weather conditions which was not in line with industry standards.

Bowmer and Kirkland Limited, of High Edge Court Street, Belper, Derbyshire, pleaded guilty to breaching Regulation 4(3) of the Work at Height Regulations 2005 and were fined £350,000 and ordered to pay £6,190.28 in costs.

Advanced Roofing Limited, of Littlewell Lane, Stanton-By-Dale, Derbyshire,  pleaded guilty to breaching Regulation 4(3) of the Work at Height Regulations 2005 and were fined £29,300 and ordered to pay £6,187.88 in costs.

J.K.W. Roofing Services Limited, of Gedling Road, Arnold, Nottinghamshire,  pleaded guilty to breaching Regulation 4(3) of the Work at Height Regulations 2005 and received 12 month conditional discharge and ordered to pay £6,159.48 in costs.

Speaking after the hearing, HSE inspector Gabriella Dimitrov said: “Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to the workers in the safe system of working. If a suitable safe system of work had been in place prior to the incident, the life changing injuries sustained by Mr Whitham could have been prevented.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is a 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. www.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

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A car and commercial vehicle component manufacturer has been fined after two employees suffered burns whilst cleaning a distillation tank.

Cheltenham Magistrates’ Court heard how on 11 July 2017 two employees of Delphi Diesel Systems Limited were burnt when the vapour of a flammable chemical, which was being used to clean the distillation tank part of a component washer, ignited and caused an explosion. Both employees suffered significant burn injuries, with one employee’s injuries being so serious they could not return to work for over two months.

An investigation by the Health and Safety Executive (HSE) into the incident at the company’s site in Stonehouse, Gloucestershire found that no risk assessment had been undertaken for the procedure of cleaning the distillation tank and that no safe system of work had been put in place. The investigation also found that planning had been undertaken for the use of the flammable chemical during the cleaning activity.

Delphi Diesel Systems Limited of Brunel Way, Stroudwater Business Park, Stonehouse, Gloucestershire has pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974. The company has been fined £1,000,000 and ordered to pay costs of £9,374.

Speaking after the case HSE principal inspector Paul Thompson said “Those in control of work have a responsibility to devise safe systems of work, and to provide the necessary information, instruction and training to their workers in those systems, as well as the substances they use.

“If a suitable safe system of work had been in place prior to the incident, the injuries suffered by the employees could have been prevented”

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]

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EGP Building Services Limited (EGP) has been fined for unsafe gas work which resulted in gas escapes.

Subsequent fires were reported at two occupied properties at a new housing development In Warwickshire.

Coventry Magistrates’ Court heard how EGP was contracted to undertake gas work at the Bellway Homes development at Heathcote Park, between August 2016 and May 2018. During this time, gas hob installations were undertaken by EGP fitters who were either not gas safe registered or operatives who were gas safe registered but were working outside the scope of their registration and not competent to undertake such work.

An investigation by the Health and Safety Executive (HSE) found that more than 60 properties were identified as being immediately dangerous and posed a serious fire and explosion risk to the occupants. The investigation revealed the company had failed to ensure that a system was in place to adequately and effectively plan, supervise and monitor the installation of gas hobs to ensure it was being carried out in accordance with industry requirements.

EGP Building Services Ltd of Craftsmans Way, Leicester, pleaded guilty to breaching Section 3 (1) of the Health and Safety etc. Act 1974.  The company has been sentenced to a fine of £280,000 and ordered to pay costs of £918.00.

Speaking after the hearing HSE inspector Helen Chesworth said: “The law is clear that companies must conduct their business without putting members of the public at risk. EGP Building Services Limited exposed members of the public to the risk of serious injury or death through unsafe gas work carried out at over 60 properties and it was fortunate that no one was harmed.”

“HSE will not hesitate to take appropriate action against companies who disregard the law and place lives at risk. Working with gas appliances is difficult, specialised and potentially very dangerous, so it is vital that this is only undertaken by trained and competent engineers who are registered with Gas Safe Register.”

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

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Construction company Trumax Building Ltd was sentenced today for safety breaches after an employee under the age of 18 fell 2.62 metres through a stairway opening at a site in West Butterwick, Scunthorpe.

Sheffield Magistrates’ Court heard how, on 18 May 2018, the operative was working on the first floor of a house being built at a development property on North Street. He was using a trowel to remove excess mortar from the back of breeze blocks, when he stepped backwards and fell through an unprotected stairway opening onto the concrete ground floor. He suffered two fractured ribs and contusions.

An investigation by the Health and Safety Executive (HSE) found that Trumax Building Ltd had failed to install a proprietary guardrail system or traditional scaffold guardrails around the perimeter of the opening.

Trumax Building Ltd pleaded guilty to contravening Regulation 6 (3) of the Work at Height Regulations 2005. The company has been fined £10,000 and ordered to pay £803 in costs.

After the hearing, HSE inspector Stuart Whitesmith commented: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices, particularly to protect inexperienced workers.

“In this case someone suffered serious injuries which could been easily avoided by installing guardrails around the opening, to prevent workers falling from height.”

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 to the page on HSE’s website that is the best guide to doing it the right way: www.hse.gov.uk/pubns/indg401.pdf

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A Birmingham manufacturer of calcium carbonate products has today been sentenced after a worker suffered fatal injuries when struck by a forklift truck.

Birmingham Magistrates’ Court heard how, on 24 July 2017, Christine Workman, an employee of Minteq UK Ltd (trading as Specialty Minerals) was struck by a forklift truck whilst walking in the designated pedestrian area of the site’s roadway. She suffered severe crush injuries and tragically died on 8 August 2017.

An investigation by the Health and Safety Executive (HSE) found the measures in place to separate and segregate pedestrians from vehicles were inadequate, with the designated pedestrian walkway running, unprotected, down the centre of the roadway used by vehicles.

 Minteq UK Ltd of Lifford Lane, Kings Norton, Birmingham, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974 and has been fined £200,000 and ordered to pay costs of £23,217.87.

 Speaking after the case, HSE inspector Kay Brookes commented:

“Far too many people are killed and seriously injured by vehicles in the workplace every year. Provisional data for 2018-19 shows that of the 147 workers fatally injured, 30 of them were as a result of being struck by a moving vehicle. Many hundreds are left with life-changing injuries.

“The requirement to ensure adequate separation and segregation between pedestrians and vehicles is paramount. This tragic and wholly avoidable incident highlights the need for companies to comply with their legal duty to identify what can kill and seriously hurt people in their workplace and take steps to stop that happening.”

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

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