Company fined following multiple safety failings on construction site

A construction company has today been fined after failing to ensure the safety and welfare of workers on site during the renovation of a property.

Preston Magistrates’ Court heard how, between 12 December 2015 and 14 June 2018, Navkaar Limited put its workers at serious risk of personal injury or death at a construction site in Blackpool. The company failed to prevent risks from falls from height, exposure to asbestos and dangerous electrical systems. There were no suitable welfare facilities and no measures to prevent fire on site.

An investigation by the Health and Safety Executive (HSE) found that workers on site had carried out work in an unsafe manner without the appropriate measures in place to ensure their health, safety and welfare.  The employees and contractors on site did not have the appropriate skills, knowledge and experience to complete the work. Navkaar Limited failed to comply with their duty as principal contractor to plan, manage and monitor the work being carried out on site.

Navkaar Limited of Station Approach, Northwood pleaded guilty to breaching Regulation 13(1) of the Construction (Design and Management) Regulations 2015.  The company was fined £35,000 and ordered to pay costs of £3,860.

Speaking after the hearing, HSE inspector Jacqueline Western, said: “These risks could so easily have been avoided by simply carrying out correct control measures and safe working practices. 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

 

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Solar panel company fined after worker falls through skylight

A solar panel company has been fined after a worker fell through a skylight during the installation of solar panels on a farm workshop in East Sussex.

Brighton Magistrates Court heard how, on the 23 July 2018, an employee of SolarUK Limited was carrying out installation work on the fragile roof in Ninfield. As he stood to move, he stepped on the unprotected skylight and fell approximately four metres to the workshop floor below sustaining multiple and long-term injuries to his wrist.

An investigation by the Health and Safety Executive (HSE) found that, although the company knew the risks from fragile surfaces and unprotected edges, they failed to plan or supervise the work to ensure that access to hazardous areas was prevented. As such the workers were at risk from falls throughout the job.

SolarUK Limited of Vantage Point, Battle, pleaded guilty to breaching Regulation 4(1) of The Work at Height Regulations 2005 and was fined £40,000 and ordered pay costs of £2,000 in addition to a victim surcharge of £170.

Speaking after the hearing, HSE inspector Nicola Wellard said: “The risks associated with fragile roofs are widely known throughout this industry. Failing to protect workers from this risk is inexcusable. Simple safety measures could have prevented this incident and the long-term injuries to the worker.”

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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Events company fined after worker injury

An event management company has been fined for failing to ensure the safety of employees during the lifting and moving of a 14-foot-wide park home chassis.

Coventry Magistrates’ Court heard how employees at Woodcorner Farm, Coventry were transferring the 14-foot-wide park home chassis through a 13-foot-wide opening on 5 July 2018.

As the opening was too narrow employees were required to push down on the sides of the chassis to angle it through the door whilst it was being manoeuvred by two forklift trucks, one at each end. The chassis slipped off the forks, rebounded off the floor and struck one of the employees on the shoulder. The force of this lifted him off his feet and flung him backwards two metres into the wall of the building. He was knocked unconscious and suffered a broken collar bone.

An investigation by the Health and Safety Executive (HSE) found the lift was not properly planned, organised or carried out safely. Employees were left to devise their own method of moving the chassis, as the company had failed to properly assess the risks and take simple measures to ensure the task was carried out safely.

Sovereign Exhibitions & Events of Units 1-3 Arley Industrial Park, Colliers Way, Arley, Coventry, West Midlands plead guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and have been fined £161,000 and ordered to pay costs of £1,345.

Speaking after the hearing, HSE inspector Christopher Maher 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 their workers in the safe system of working.

Since the incident the company have widened the opening to allow for safe movement of the park home chassis. Had they done this before the incident these injuries could been avoided.”

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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West Midlands companies sentenced after worker suffers life-changing injury

Two companies have today been fined after a contractor suffered permanent damage to his eyesight following a fall.

Dudley Magistrates’ Court heard how, on 12 April 2016, a contractor, who worked for Kingswinford Engineering Co Limited, had been hired to repair a section of pipework on the roof of a warehouse owned by James Durrans & Sons’ when he slipped and fell, banging his head. The worker has suffered permanent blindness to one eye and blurred vision in the other resulting from his head injury.

 An investigation by the Health and Safety Executive (HSE) found multiple failings in relation to how the work, specifically access to the roof, was planned, managed and monitored. In particular neither company had undertaken a suitable and sufficient risk assessment, nor had they agreed a safe system of work for the repair of the pipework which required access to the roof.

 Kingswinford Engineering Co Limited of Shaw Road, Dudley pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and has been fined £18,000 and ordered to pay costs of £9,000.

James Durrans & Sons Limited of Anchor Road, Bilston pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974 and has been fined £100,000 and ordered to pay costs of £20,000.

 Speaking after the case, HSE inspector Edward Fryer commented:

“This incident highlights the need for contractors to be managed properly. Both the contractors and those engaging them must assess the risks of the site and the specific work to ensure it can be done safely. In this case, no risk assessment was carried out and arrangements made to access the roof put workers at significant risk of falling from height leading to this worker suffering a life-changing injury.”

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 and employee sentenced after worker killed

A construction company and one of its employees have been sentenced for health and safety breaches after another worker was struck by an excavator and was killed.

Southwark Crown Court heard how, on 2 March 2014, during night work at a construction site in Stratford a site operative, Kevin Campbell, was struck by an excavator mounted vibrator (EMV) attached to a 35-tonne excavator that he was working in close proximity to. Mr Campbell had been disconnecting lifting accessories from a metal pile that had just been extracted from the ground when he was crushed against a concrete wall a short distance away. Mr Campbell died from his injuries. Another site operative who was directly next to him also faced a risk of being struck.

 

An investigation by the Health and Safety Executive found the construction company which was the principal contractor; Clancy Docwra Limited, failed to ensure the safety so far as is reasonably practicable of its employees and of others who were not their employees working on the site. The investigation also found that Daniel Walsh, who was the site supervisor for the site and the person operating the excavator at the time, failed to take reasonable care for other persons on site at the time.

Clancy Docwra Limited of Coppermill Lane, Harefield, Middlesex pleaded not guilty to breaching Section 2(1) and 3(1) of the Health & Safety at Work etc. Act 1974. The company was fined £1,000,000 and ordered to pay costs of £108,502.30.

Daniel Walsh of Eastcote, Orpington, Kent pleaded not guilty to breaching Section 7(a) of the Health & Safety at Work etc. Act 1974 and was given a 6 month custodial sentence, suspended for 12 months and ordered to pay costs of £15,000.

Speaking after the hearing, HSE inspector Darren Alldis said:

“This death was wholly preventable and serves as a reminder as to why it is so important for companies and individuals to take their responsibilities to protect others seriously and to take the simple actions necessary to eliminate and minimise risks.

“If the risks had been properly considered by the company, and simple and appropriate control measures were put in place, then the likelihood of such an incident occurring would have been significantly reduced. Informing all site operatives of the specific risks they face when carrying out such tasks and the control measures required of exclusion zones, the importance of communication and the mandatory use of excavator safety levers were simple actions that should have been put in place and their effectiveness monitored.

“All those with legal responsibilities must be clear that HSE will not hesitate to take appropriate enforcement action including where appropriate prosecution 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

 

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