A machining manufacturer has been fined after workers were exposed to asbestos fibres whilst demolishing an internal wall.

Birmingham Magistrates’ Court heard how the workers were asked to remove the internal wall by their manager. There was no asbestos survey or an up to date asbestos management plan for the premises.

An investigation by the Health and Safety Executive (HSE) found that asbestos insulation sheets were removed unsafely without proper precautions and by unlicensed individuals from the company without any safeguards in place to prevent the spread of the asbestos fibres.

Birmingham Specialities Ltd of Moor Lane, Birmingham pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work Act 1974. The company has been fined £20,000 and ordered to pay costs of £2,454.40.

Speaking after the hearing, HSE inspector Tariq Khan said: “Asbestos in buildings needs to be managed or removed by competent contractors. 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. The company needed to follow the proper procedures by carrying out an asbestos survey and formulating an asbestos management plan as well as training those responsible for managing asbestos”.

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We seek to 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. Further information about managing asbestos in premises can be found at:

http://www.hse.gov.uk/pUbns/priced/hsg227.pdf

Before Bournemouth Crown Court, two companies have today pleaded guilty following a Health and Safety Executive (HSE) investigation into the death of a five-year-old girl who became trapped while using a lift at her home in Weymouth.

On 13 August 2015, Alexys Brown got into the lift and put her head through a damaged vision panel. As the lift moved upward, her head got stuck between the lift and the ground floor ceiling. Alexys died as a result of her injuries.

Today, Thursday 23 August 2018, Synergy Housing Limited of West Street, Poole and Orona Limited of Europa View, Sheffield Business Park both pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.

They are due to be sentenced at Bournemouth Crown Court on 14-15 January 2019.

Charges against a third company, Aster Property Ltd, under Section 3(1) of the Health and Safety at Work etc Act 1974, have been ordered to lie on file.

A HSE spokesperson said: “HSE acknowledges today’s guilty pleas but will not make a further comment until after sentencing.”

A landlord has been sentenced for failing to maintain gas appliances at a rental property and repeatedly failing to provide tenants with a Landlords Gas Safety Certificate.

Norwich Magistrates’ Court heard how inspectors from the Health and Safety Executive (HSE) and Gas Safe Register inspected a property at Kings Lynn in Norfolk in 2017 where they found a gas oven to be ‘at risk’ and the gas central heating boiler to be unsafe to use.

The subsequent HSE investigation found the landlord, Mr Steven Ladell, had failed in his duty to have the gas appliances regularly inspected or maintained, and failed to provide a Landlords Gas Safety Certificate for a number of years, all of which are legal requirements. In addition, Mr Ladell failed to comply with an Improvement Notice issued on 13 July 2017 which required he take action to deal with these issues.

Mr Steven Ladell of Great Harwood, Blackburn, pleaded guilty to breaching Section 21 of the Health & Safety Work etc. Act 1974 and breaching Regulation 36(2) and Regulation 36(3) of the Gas Safety (Installation and Use) Regulations 1998. He received a 20-week custodial sentence, suspended for two years, was ordered to carry out 100 hours of unpaid community work and to pay full costs of £4,146.34.

Speaking after the hearing, HSE inspector Paul Unwin said: “Landlords must ensure gas appliances at their tenanted properties are checked by a Gas Safe Register engineer at least every 12 months, and are maintained in a safe condition.

“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. 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
4. Further information about gas safety can be found at http://www.hse.gov.uk/gas

A cheese company has been fined £8,000 after an employee was seriously injured when he fell through a fragile roof.

Kirkwall Sheriff Court heard how, on 30 October 2017, an employee of Orkney Cheese Company Limited was asked by the general manager to retrieve a dead mouse from an unfloored loft area. After doing this by crawling along ceiling joists, he then placed his foot on a fragile board which had been left behind when the factory was built. The board gave way and he fell approximately 2.5 metres to the reception below.

An investigation by the Health and Safety Executive (HSE) found that Orkney Cheese Company Limited ordinarily brought in external contractors to deal with vermin issues and that employees were not normally required to work at height within the business. The investigation found that, on this occasion, the employee fell though the suspended ceiling and suffered a significant injury because no control measures had been implemented to safely cross the unfloored loft.

Orkney Cheese Company Limited of Crowness Road, Kirkwall, Orkney pleaded guilty to breaching Regulation 4 of the Work at Height Regulations 2005 and was fined £8,000. 

Speaking after the hearing, HSE inspector Norman Schouten said:

“Falls from height remain one of the most common causes of work related fatalities in this country and the risks associated with working at height are well known. Working on or near fragile surfaces should be properly assessed and managed. “This case highlights the importance for companies to assess and control risks created by non-routine tasks.”

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