Hovington Limited was sentenced today for safety breaches after a worker was struck by a falling piece of plant machinery while working on a construction site in Rotherham.

Sheffield Magistrates’ Court heard that, on 4 February 2019, groundworkers, including the injured person, were breaking out ground using a 13 tonne 360 excavator with a hydraulic breaker attached to an automatic quick hitch, as part of trench work to install new drainage of the site at Arconic Forging and Extrusions, Sheffield Road, Ickles, Rotherham. The breaker became detached from the quick hitch on the excavator. The breaker fell, narrowly missing one ground worker, and landed on the injured worker’s right foot. He sustained injuries which led to amputation of his right leg below the knee.

An investigation by the Health and Safety Executive (HSE) found that the company failed to ensure that a safe method of work was in place when working in the vicinity of an excavator, there was no defined segregation between people and plant, and no use of a vehicle plant marshal to ensure the machine was isolated before pedestrians enter the working zone of the excavator. The company also failed to implement a dedicated bucket changing area for the changing of attachments to minimise the risk of attachments falling onto pedestrians.

Hovington Limited of Chichester Street, Rochdale pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974. The company has been fined £34,000 and ordered to pay £1,935.84 in costs.

After the hearing, HSE inspector Trisha Elvy commented: “This incident could have easily resulted in a fatality and could have been avoided by simply carrying out correct control measures and safe working practices.

“There should be suitable, defined safe systems of work so that persons who need to work in close proximity to excavators can do so safely.”

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 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/excavators.htm

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A painter and decorator has been fined after an employee stepped off a working platform and fell two and a half metres through the fragile roof of a carport. 

Aberdeen Sheriff Court heard that on 6 July 2018, sole trader Neil Beattie and an employee were undertaking the removal of a wasps’ nest at a bungalow in Daviot, Oldmeldrum before painting the gable-end soffits above a carport. They climbed a ladder on to the roof and walked along a structural beam to stand on a working platform in the middle of the carport roof. When the wasps’ nest was disturbed the employee stepped off the working platform and fell through the fragile, plastic roof of the carport. He sustained head and back injuries resulting in permanent disfigurement.

An investigation by the Health and Safety Executive (HSE) found that Neil Beattie Limited failed to ensure that the work at height was properly planned and so far as reasonably practicable, safe. His employee was required to walk across a fragile roof to access the working platform which was not fitted with appropriate edge protection.

Neil Beattie of Nether Davah Place, Inverurie, Aberdeen pleaded guilty to breaching the Regulation 4(1)(a) and (c) of the Work at Height Regulations 2005 and was fined £2,650.00.

Speaking after the hearing, “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 on fragile roofs are well known. If a suitable safe system of work had been in place prior to the incident, the injuries sustained by the employee 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
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. For guidance please visit Fragile roofs: Safe working practices GEIS5  and Health and Safety in Roofwork

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A fitter has been fined following a gas leak from a newly fitted range installed in a North Devon residential care home.

Exeter Crown Court heard that on 24 December 2020, Mark Whitham undertook the installation of the new gas range cooker after damaging the existing gas cooker whilst fitting out  a new kitchen. Over the next 24 hours staff at the care home experienced problems with the operation of the cooker and contacted their usual Gas Safe Registered engineer. He found a substantial gas leak from the gas supply connection to the cooker.

An investigation by the Health and Safety Executive (HSE) found that Mr Whitham was not registered with the Gas Safe Register. The manufacturer’s installation paperwork that came with the appliance when purchased, made numerous references to correct installation by a qualified engineer and numerous references to compliance with the Gas Safety (Installation and Use) Regulations 1998, however these instructions were not followed.

Mark Whitham of Fallow Fields, Barnstaple Devon, pleaded guilty to breaching Regulation 3(1) of the Gas Safety (Installation and Use) Regulations 1998, and Regulation 22(1)(a) of the Gas Safety (Installation and Use) Regulations 1998. He was sentenced to six months imprisonment for each offence, suspended for 12 months. He was also_ ordered to undertake 120 hours unpaid work and to pay £2,000 costs.

Speaking after the hearing, HSE inspector Simon Jones said: “Mark Whitham undertook gas work, which he knew he was not registered to do. In this case Mark Whitham’s unregistered gas work put the lives of vulnerable people at real risk from fire and explosion.

“All gas work must be carried out by Gas Safe registered 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 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

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Two sister companies based in Grantham, Lincolnshire that manufacture cardboard items, and a company that manufactures flat-bed die cutting (FBDC) machines have all been sentenced after a worker sustained serious injuries to his left hand.

Lincolnshire Magistrates’ Court heard that Postpack Limited and Damasco UK Limited of Hollis Road Grantham, manufacture cardboard items including packaging materials, flat pack boxes and toys. They purchased five FBDC machines from DIG Corrugated Machinery Ltd of Cullen Place, Eastlands Industrial Estate, Leiston. A worker using one of the supplied machines caught  his hand under the rotating main roller and the fingers and thumb of his left hand were crushed, leading to their amputation.

An investigation carried out by the Health and Safety Executive (HSE) found that the machine was supplied with inadequate guards to prevent access to its dangerous parts. Following the incident and service of Improvement Notices the guards were extended.

Postpack Limited xxADDRESSxx and Damasco UK Limited xxADDRESSxx pleaded guilty to contravening Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 The companies were fined £4000 and ordered to pay costs of £1,152 with a victim surcharge of £340.

DIG Corrugated Machinery Limited xxADDRESSxx pleaded guilty to breaching the duty under Section 6(1)(a) of the Health and Safety at Work  Act 1974 The company was fined £6500 and ordered to pay costs of £3529.20 with a victim surcharge of £170.

Speaking after the hearing HSE inspector Mr Martin Giles commented:

“Those supplying machinery have a duty to ensure that it is safe. Purchasers and users of machinery must assess the equipment that they purchase and ensure that it is adequately guarded and that they have appropriate safe systems of work in place.

“If the flat-bed die cutter had been adequately guarded, then the life changing injuries sustained by the employee could have easily been prevented.”

There is guidance to help companies assess the safety of machines on HSE’s website at www.hse.gov.uk/toolbox/machinery/safety.htm

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We 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

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Construction company, Urban Living Constructions Limited, has been fined following a Health and Safety Executive (HSE) inspection which identified numerous health and safety failings.

Westminster Magistrates’ Court heard that an inspection of a construction site in Roseneath Road, London (SW11) on 5 August 2019 identified numerous health and safety breaches. These included locations on site that had no edge protection to prevent falls, including a plank that traversed a basement extension to provide access into the property.

There were also insufficient measures in place to prevent the collapse of the sides of a large excavation.
HSE had previously inspected other Urban Living Constructions sites between 2015 and 2019. During this time two prohibition notices were served in relation to unsafe work at height and one prohibition notice was served in relation to an unsafe excavation.

Urban Living Constructions Limited of The Broadway, Woodford Green, Essex, pleaded guilty to a breach of Section 2(1) of the Health and Safety at Work etc. Act 1974. The court fined Urban Living Constructions £50,000 and awarded full costs of £6,578.84.

Speaking after the hearing, HSE inspector Adam Thompson said: “The legal standards for ensuring work at height is carried out at safely and ensuring excavations on site are safe from the risk of collapse are well known throughout the construction industry. The standards on this site fell far below the minimum legal standard. This is inexcusable in any case, but even more so given the amount of enforcement action the company had previously received in relation to known health and safety risks.”

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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