Specialist plant hire company, Ruislip Plant Ltd, has been fined after a worker was fatally injured whilst undertaking maintenance on a piling rig.

Reading Crown Court heard that, on 13 May 2014, Ben Wylie, was assisting the Ruislip Plant Ltd Director Mr Noel Kearney (since deceased) with the maintenance of a high-pressure grease track adjusting mechanism at a construction site in West Street, Maidenhead. During the process, the grease nipple assembly and a stream of high-pressure grease was forcibly ejected from the mechanism and struck Ben Wylie in the shoulder and chest causing fatal injuries.

An investigation by the Health and Safety Executive (HSE) found that the components had been forcibly ejected on the previous day and had sustained damage in that event, reducing the pressure at which it would subsequently fail. Once the fitting had been ejected, it should not have been refitted. Despite the fittings having been previously ejected and damaged, Mr Kearney attempted to modify and refit the grease nipple and adaptor to the high-pressure system. He then began to re-pressurise the tracks by pumping in grease using a hand operated grease gun. The pressure built in the system and at a critical point the damaged and modified components were again ejected. A pressure test with all suitable safeguards was required in these circumstances but there was no safe system of work during which resulted in the modifications to the grease gun bringing Ben Wylie into the danger zone.

Ruislip Plant Ltd of Lea Crescent, Ruislip, Middlesex pleaded guilty to breaching Section 3(1) of the Health & Safety at Work etc. Act 1974. The company has been fined £99,000 and ordered to pay costs of £116, 973.36.

After the hearing, HSE inspector John Glynn said: “HSE guidance is very specific on how this work should be undertaken and previously ejected or damaged parts must not be reused as they were in this case.
“This incident could have been avoided if Ruislip Plant Ltd had instead undertaken a risk assessment and devised a safe system of work. That safe system of work would necessarily have ensured that new parts were used, and that the safety procedure of a pressure test was performed. However, a new component was not used in this incident and the safety procedure was not adhered to.

“That failure to adhere to the correct procedure for pressure testing was directly causative of this incident. No control measures were put in place by Ruislip Plant Limited and that sadly led to the death of Ben Wylie.”

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. 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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Walden Builders Ltd has been sentenced after a worker was struck by a heated sheet of tin.

Leeds Magistrates’ Court heard how on 18 September 2018, the company was demolishing an outbuilding in Littlethorpe, Ripon. During the demolition, the excavator being used struck a wall containing a 415v cable causing it to arc and ignite a fire. Efforts to put out the fire included holding a sheet of tin to shield the surroundings. The tin heated and dropped onto an operative who was working on the site causing burn injuries to the scalp, arm and hands.

An investigation by the Health and Safety Executive (HSE) found that the company had received a quote from Northern Power Grid for installation of new service termination equipment. The company failed to act on the quote and instruct the power company to terminate supply to the building.

Walden Builders Ltd of Green Croft, Pottery Lane, Littlethorpe, Ripon pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974. The company has been fined £42,000 and ordered to pay £4,707 in costs.

Speaking after the hearing, HSE inspector Paul Thompson said: “The company should have ensured that there was no live power to the building prior to the start of demolition work. The company had failed to prepare a written plan for the demolition of the building or any site-specific risk assessments.

“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.”

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. 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[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/construction/safetytopics/demolition.htm

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A gas installer has been sentenced after carrying out gas work that was found to be immediately dangerous whilst no longer being gas safe registered.

Liverpool Magistrates’ Court heard how from 11 November 2018, John Atherton had commenced fitting a new gas boiler and central heating system at a domestic property in St Helens, Merseyside. He installed the boiler and left the flue terminating in the loft allowing products of combustion to enter the property, resulting in the boiler being left in an immediately dangerous condition.

An investigation by the Health and Safety Executive (HSE) found that Mr Atherton was not Gas Safe registered at the time the work was undertaken, despite implying that he held the necessary registration to complete this work. He had previously been registered with Gas Safe when working for a former employer, but the registration had lapsed on 11 October 2018. The registration was not renewed, resulting in him illegally carrying out the gas work.

Mr Atherton of Hallcroft, Skelmersdale, Lancashire pleaded guilty to breaching regulation 3(3) and 26(1) of the Gas Safety (Installation and Use) Regulations 1998. He was sentenced to 26 months imprisonment suspended for one year, ordered to carry out 200 hours community service and ordered to pay costs of £2,000.

Speaking after the hearing, HSE inspector Lisa Bailey said: “John Atherton undertook gas work, which he knew he was not registered to do. All gas work must be done by registered Gas Safe engineers to ensure the highest standards are met to prevent injury and loss of life.”

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. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
3. More information about domestic gas health and safety can be found at https://www.hse.gov.uk/gas/domestic/faqs.htm
4. HSE news releases are available at http://press.hse.gov.uk

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The fabrication division of Nasmyth Technologies Limited has been fined after four employees were exposed to hazardous substances that caused significant ill health and time off work as a result.

Poole Magistrates’ Court heard how, on the 9 October 2017, between 150 and 200 litres of a chemical preparation, that included hydrofluoric acid, spilled across a large area of the factory floor in Wimborne, Dorset. Four workers were involved in the clean-up that took several hours. They were provided with inadequate personal protective equipment (PPE) and respiratory protective equipment (RPE) to undertake a clear up, for which they had no training. Some of them suffered ill health following the incident, which included an asthma attack, a severe headache, nausea, sore eyes and throat. One of the workers, whose symptoms persisted, was referred by his doctor to a specialist for treatment.

An investigation by the Health and Safety Executive (HSE) found that there was significant non-compliance regarding management of substances hazardous to health. The company had failed to carry out a suitable and sufficient assessment and had not prepared for this emergency situation. One of the failings was that the RPE (face masks) provided did not have the correct type of filter for protecting against hydrofluoric acid gas. Additionally, the type of RPE provided to workers relied on a good seal against the face in order to protect workers and no face fit tests had been undertaken to ensure the masks fitted the workers’ faces.  Furthermore, workers were unshaven meaning their beards or stubble prevented an effective seal of the RPE to their faces.

Nasmyth Technologies Limited of Nasmyth House, Coventry Road, Exhall, Coventry pleaded guilty to breaching Section 2(1) of the Health & Safety at Work 1974 Act. They were fined £13,000 and ordered to pay costs of £9,551.

Speaking after the hearing, HSE inspector Berenice Ray said: “This incident could have so easily been avoided had the company firstly undertaken a suitable and sufficient risk assessment and then implemented the necessary controls, including emergency arrangements for dealing with a chemical spill and the provision of instruction and supervision to ensure safe working practices are followed.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required 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: legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk
4. The Control of Substances Hazardous to Health Regulations 2002 (COSHH) is the law that requires employers to control substances that are hazardous to health. For more information on this, see https://www.hse.gov.uk/coshh/basics/index.htm

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A Nottingham mattress manufacturer has been fined after an employee of the company suffered multiple injuries to his arm, shoulder, ribs and neck after he was drawn into a NG-06 Semi-Automatic Mattress Rolling Machine (MRM).

Nottingham Magistrates Court heard how Dreamtouch Mattresses Ltd failed to prevent access to the dangerous parts of machinery on the MRM at the Chelsea Street site. As a result, the common practice at the site was for employees to use their hands, and or arms when feeding and pressing mattresses on the unguarded rotating winding film reel. Employees at the site confirmed there was no documented safe system of work or training for the use of the MRM.

An investigation by The Health & Safety Executive (HSE) found that the company did not prevent access to the dangerous parts of the machine and had not implemented a suitable and sufficient safe system of work which would direct employees to not place their hands close to the dangerous parts of the machine.

Dreamtouch Mattresses Ltd, Chelsea House, Chelsea Street, Nottingham, NG7 7HP pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. They were fined £66,000 and ordered to pay costs of £4,836.20.

Speaking after the hearing, HSE Inspector Amandip Dhanda, said: “This injury was easily preventable, and the risk should have been identified.  Employers should make sure they properly assess and apply effective control measures to minimise the risk from dangerous parts of machinery.”

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. Picture: The unguarded NG-06 Semi-Automatic Mattress Rolling Machine (MRM).

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