A company specialising in the manufacture and installation of industrial staircases has been fined following an incident where a worker became trapped at a site on Fenchurch Avenue in London.

Westminster Magistrates’ Court heard that on 19 July 2018 Dragos Sultana suffered serious injuries when a section of staircase weighing 1.7 tonnes fell and trapped his leg. The staircase was being lifted into position when one of the fabric slings supporting the load failed, causing one side of the staircase to drop and striking Mr Sultana. His injuries resulted in the amputation of his leg just below the groin.

An investigation by the Health and Safety Executive (HSE) found that Leyton Group Construction Ltd failed to properly plan the lifting operation. The lift plan was not specific to the job and the method statement lacked the level of detail required about the load, how it should be slung and how it should be lifted. This resulted in the slings being stretched across the sharp metal edges of the staircase stringers, which caused a shearing action and ultimate failure of one the slings.

Leyton Group Construction Ltd of Swinborne Road, Basildon pleaded guilty to breaching Regulation 8 (1) of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) was fined £14,000 and ordered to pay costs of £7,227.14.

Speaking after the hearing, HSE principal inspector Tania van Rixtel said:

“The method employed for lifting the staircase was unsafe. This case highlights the need for duty holders to properly plan all lifting operations before work is carried out to manage the risk of injury to workers. This incident 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. 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 playground installation and landscaping contractor has been fined after failing to provide employees with adequate control measures to prevent exposure to respirable crystalline silica (RCS).

Greater Manchester Magistrates’ Court heard how on 23 March 2018, the Health and Safety Executive (HSE) carried out unannounced inspection of a site at Newbank Garden Centre, Bury Road, Radcliffe. The HSE inspector served a Prohibition Notice to stop two employees of Playscape Design Ltd, using a powered tool to cut flags without any respiratory protective equipment. This put the health of the employees at risk due to exposure to RCS, which is released when silica-containing materials are cut with a powered tool.

HSE then served an Improvement Notice, requiring the company to provide adequate control from exposure to RCS. The investigation found the company did not provide evidence of compliance within the deadline and a second, similar job was completed at the same site with no adequate control measures in place.

Playscape Design Limited of Ball Grove Drive, Colne, Lancashire, pleaded guilty to breaching Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002 and also admitted not complying with an Improvement Notice, which is an offence under Section 33(1)(g) of the Health and Safety at Work etc. Act 1974. The company was fined £20,000 and ordered to pay costs of £3,000.

HSE inspector Rebecca Hamer, said after the hearing: “The working conditions we encountered were putting the health of the employees at risk due to exposure to RCS, which is released when silica-containing materials are cut with a powered tool.

“Exposure to respirable crystalline silica can cause life-threatening diseases including silicosis and chronic obstructive pulmonary disorder (COPD), which can lead to impaired lung function, lung cancer and death. This incident 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. 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 respiratory protective equipment at work can be found at: http://www.hse.gov.uk/pUbns/priced/hsg53.pdf
4. HSE news releases are available at http://press.hse.gov.uk

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An adventure activity and team building organisation has been fined after a child was hit by a car seriously injured whilst on a school trip.

Birmingham Magistrates’ Court heard how, on Friday 31 March 2017, a group of teenage school children from Birmingham were participating in a walking expedition on the outskirts of Birmingham. The route being taken required the group and their adult supervisor to cross the busy A45 dual carriageway near Meriden, West Midlands, at around 4pm.

After waiting for a gap in the traffic some of the children started crossing the road when one of the pupils was struck by a car travelling in the outside lane. The 15-year-old suffered multiple fractures as a result of the collision.

An investigation by the Health and Safety Executive (HSE) found Freax, the company responsible for the expedition had not planned the route to allow for safe passage across the dual carriageway. There were no specific traffic control measures in place at the crossing point used by the participants, and the company chose not to use a footbridge about 400 metres away as part of the expedition route.

Freax Limited of Nechells Park Road, Birmingham was found guilty of breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £10,000 and ordered to pay £22,455.16 in costs.

Speaking after the hearing, HSE inspector Richard Littlefair said: “This case highlights the importance of planning for safety when organising such outdoor activities involving school children.

“Children should be allowed to take part in challenging activities, however there is a balance to be struck between protecting children from the most serious risks and allowing them to reap the benefits of participating.

“Companies should make sure that challenging activities are managed in a sensible and proportionate way so that children are not exposed to unnecessary risk of serious personal injury or death.’’

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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Airworld Airlines Ltd has been fined £82,000 after a freight container weighing nearly 700kg fell on a worker at a warehouse in Hounslow

Westminster Magistrates’ Court heard how, on 26 January 2018, a warehouse cargo agent was using a forklift truck to offload a freight container from a heavy goods vehicle at the site on the Hatton Cross Centre. The container became unstable and fell on him. As a result, he was pinned between the container and a concrete pedestrian barrier, sustaining serious injuries including multiple fractures and internal injuries.

An investigation by the Health and Safety Executive (HSE) found the company had no safe system of work in place to identify the risk of freight containers falling from forklift truck blades. The company had also made alterations to the fork lift blades to enable employees to lift aircraft containers from the floor without any stabilisation mechanism.

District Judge Baraitser described Airworld Airlines Ltd’s lifting operation as a “dangerous practice [which] presented a significant risk not only to the operator of the forklift but to any member of staff who happened to be in the vicinity of the operation as it was being carried out.”

Airworld Airlines Ltd of Ascot, Berkshire pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £82,000 and ordered to pay £6575.60 costs and £170.00 victim surcharge.

Speaking after the hearing, HSE inspector Sarah Pearce said: “Employers have a responsibility to devise safe methods of carrying out lifting operations and should ensure that every lifting operation is properly planned, appropriately supervised and carried out in a safe manner.

“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.
2. Further information is available about the legislation referred to in this case.
3. Latest HSE press releases.

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Construction company Construction 360 Ltd was sentenced for safety breaches after a worker collapsed and lost consciousness while working at the site of King Asia Foods Ltd, Middle Bank, Sheffield.

Sheffield Magistrates Court heard how, on 11 January 2018, the worker was cutting a drain into the factory floor as part of the construction of a new processing room within the packaging area of the factory. He was using a petrol driven floor saw within an enclosed space (the open side had been covered by a tarpaulin). After a period of cutting, he felt unwell and subsequently collapsed losing consciousness. He was taken to hospital and was diagnosed with carbon monoxide poisoning. He also sustained bruising to his head, elbow and knees, and a cut to his elbow.

An investigation by the Health and Safety Executive (HSE) found that Construction 360 Ltd had failed to appropriately plan the work in the confined space of the processing room. Additionally, at the request of the director of Construction 360 Ltd, unsafe work at height had also taken place beforehand as the worker had accessed the roof of the processing room without suitable edge protection, or means of access, without checking the stability of the structure.

Construction 360 Ltd of Eastoft Road, Cowle, Scunthorpe, North Lincolnshire pleaded guilty to breaching section 2(1) of the Health & Safety at Work etc Act 1974. The company has been fined £15,000 and ordered to pay £1805 in costs.

After the hearing, HSE inspector Sarah Robinson commented: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.

“The company failed to appropriately plan a safe system of work for the task being carried out.”

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^[1]
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/ ^[2]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/indg258.pdf
3. HSE news releases are available at http://press.hse.gov.uk^[3]

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