Harlands Builders Limited has been fined for safety breaches after a ground worker was trapped having entered a two-metre-deep excavation.

Bridlington Magistrates’ Court heard that on 26 June 2019, the company was undertaking groundworks at West Farm Stone, Creek Sunk Island, East Riding. The worker had entered an excavation in order to measure the depth when part of it collapsed on him.

An investigation by the Health and Safety Executive (HSE) found that the excavation had three sheer unsupported sides and was not battered back. The worker was trapped by the collapse and sustained a broken tibia and fibula on his left leg. Other workers were also put at risk as they went into the excavation to free the trapped man.

Harlands Builders Limited of Medina House, Station Avenue Bridlington, East Yorkshire pleaded guilty to breaching Regulation 22 (1) of the Construction Design Management Regulations 2015. The company has been fined £12,000 and ordered to pay costs of £1,139.

Speaking after the hearing, HSE inspector Sarah Robinson, said: “The excavation should have been supported or battered back, and no individuals should have been asked to go into the excavation whilst it was unsafe.

“This incident could have led to the death of the worker. The case highlights the importance of identifying and following any risk assessment that was set in place.”

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 www.press.hse.gov.uk
4. Further information can be found at: www.hse.gov.uk/pubns/cis64.pdf

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T Cook & Son (Farmers) Ltd has been sentenced for safety breaches after a 17-year-old worker suffered crush injuries to his foot.

Bridlington Magistrates’ Court heard that on 20 December 2017 a concrete panel was dropped during a lifting operation involving a telehandler vehicle on a farm in Owstwick, Yorkshire.

An investigation by the Health and Safety Executive (HSE) found that the panel was being installed to repair a pig shed. A telehandler was used to lower the panel, weighing over a tonne, into place and the load fell after the tines of the telehandler were withdrawn. The panel fell onto the young worker resulting in mid foot fractures and crush injuries.

T Cook & Son (Farmers) Ltd of Kenby Farm, Owstwick, Roos, Withernsea, East Yorkshire pleaded guilty to breaching Regulation 8 (1) of the Lifting Operations and Lifting Equipment Regulations 1998. The company has been fined £4,690.00 and ordered to pay £11,905.96 in costs.

After the hearing, HSE inspector Sarah Taylor, commented: “All lifting activities should be properly planned by a competent person, appropriately supervised and carried out in a safe manner.

“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.  HSE will not hesitate to take appropriate enforcement action against those responsible for lifting operations especially when young persons are put at risk.”

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Food manufacturer, Young’s Seafood Limited, has been fined after a worker was trapped by a mixing machine.

Grimsby Crown Court heard that, on 16 October 2017, the 59-year-old worker was creating the mix for fish cakes at the company’s Humberstone Road factory in Grimsby.  At the end of a mix run he went to clear the mix from the machine, lifting an interlocked guard that should have stopped the machine from running.  He put his hand into the machine without realising it was still running and the augur caught his hand and drew his arm in up to the elbow. The worker managed to free himself from the augur but in removing his arm, his thumb and two of his fingers were severed and he suffered serious tendon damage. Following the incident doctors were unable to reattach his fingers and he has not yet been able to return to work.

An investigation by the Health and Safety Executive (HSE) found that the machine continued to run when the safety guard was lifted and failed to respond when the emergency stop was pressed. The interlocking system was inadequate, and the company had failed to ensure that the machine was effectively maintained.  These matters were exacerbated by poor communication between the shop floor and maintenance and an inadequate fault reporting system.

Young’s Seafood Ltd of Ross House, Wickham Road, Grimsby Lincolnshire pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974. The company has been fined £787,500 and ordered to pay £33,443.68 in costs.

After the hearing, HSE inspector Carol Downes commented: “The life changing injuries sustained by the employee could have been prevented and the risk should have been identified.

“Being pro-active with preventative maintenance and good communication of faults can reduce the chance of harm.”

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: www.hse.gov.uk/toolbox/machinery/plant.htm

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An automotive company has been sentenced after an employee developed an allergic form of dermatitis after coming into contact with metalworking fluids.

Reading Magistrates’ court heard how, on 24 April 2019, an employee at Xtrac Ltd was splashed on the face and upper body with metalworking fluid whilst cleaning out a grinding machine at a manufacturing site in Thatcham. As a result of the contact the employee had an allergic reaction, consisting of a very painful burning sensation, inflamed, broken and oozing skin, and was diagnosed with allergic contact dermatitis. This is a permanent allergy, which means that even small quantities of this substance can result in a further serious reaction. The employee received medical advice that they could no longer continue in their job as it was a risk to their health.

An investigation by the Health and Safety Executive (HSE) found that Xtrac Ltd had failed to carry out a suitable and sufficient risk assessment to identify the potential for exposure to the hazardous chemicals. The company had not implemented necessary controls to prevent skin contact. This was particularly important in this case as the company was already aware the employee had a history of dermatitis.

Xtrac Ltd of Gables Way, Kennet Park, Thatcham pleaded guilty to breaching section 2 (1) of the Health and Safety at Work Act 1974. They were fined £100,000 and ordered to pay costs of £639.59

Speaking after the hearing, HSE inspector Ashley Hall said: “Dermal risks from metalworking fluids are well known within industry and there are simple and effective controls available to prevent contact with the skin.

“This serious health condition could have been prevented if the company had carried out the required risk assessment and implemented the necessary control measures, including suitable personal protective equipment, particularly gloves.

“All of these risks and controls are described in HSE and industry guidance, which is widely available.”

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. Further information about working with metalworking fluids can be found at https://www.hse.gov.uk/metalworking/index.htm.
3. More about the legislation referred to in this case can be found at: legislation.gov.uk/
4. HSE news releases are available at http://press.hse.gov.uk

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A building contractor has been fined after a worker’s leg was seriously injured and later amputated above the knee following the collapse of a masonry wall.

Westminster Magistrates’ Court heard that on 26 June 2019, Sukhjit Singh was working at a domestic property refurbishment for Balwinder Singh Dhillon, trading as Dhillon Builders. Mr Singh, sustained serious injuries when an internal brick wall at first floor level collapsed and fell on him as he worked on the ground floor of the house.

An investigation by the Health and Safety Executive (HSE) found that Mr Dhillon failed to properly plan the demolition of supporting walls within the property. He did not take all practicable steps to ensure a safe system of work and make sure the wall was adequately supported after it was made weak by the construction work.

Balwinder Singh Dhillon of Hayes, Middlesex pleaded guilty to breaching Regulations 16(2) and 19(1) of the Construction (Design and Management) Regulation 2015 and has been sentenced to 16 weeks imprisonment suspended for 18 months. He was fined £1,500 and ordered to pay costs of £6,818.20.

Speaking after the hearing, HSE inspector Fu Lee, said: “The injuries suffered are life changing and the incident could easily have been fatal. This serious incident and devastation could have been avoided if Mr Dhillon had planned a safe system of work and installed appropriate supports to prevent the building he was working on from collapse.”

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: www.legislation.gov.uk
3. HSE news releases are available at http://press.hse.gov.uk

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