An environmental management services company has been fined after a worker was fatally injured by a reversing vehicle.

Northampton Crown Court heard how on 8 April 2016, an employee of Enterprise Managed Services Limited was fatally crushed when he tripped and fell under the wheels of the refuse lorry in Ashby Road, Daventry whilst on a routine collection of recyclable refuse.

An investigation by the Health and Safety Executive (HSE) into the incident found that a suitable and sufficient risk assessment had not been carried out for the collection route and there was a failure to adequately supervise the Daventry waste and recycling round.

Enterprise Managed Services Limited of the Chancery Exchange, Furnival Street, London pleaded guilty to breaching Section 3(1) of the Health & Safety at Work etc Act 1974. They have been fined £1,020,000 and ordered to pay costs of £60,476.

Speaking after the hearing, HSE inspector Michelle Morrison said: “This tragic incident led to the death of a young man, which could so easily have been avoided by simply carrying out a suitable and sufficient route risk assessment and identifying where reversing could be avoided.

“Those in control of workplaces are responsible for identifying and implementing suitable methods of working to reduce the need for vehicle reversing.

“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/ www.hse.gov.uk/waste/municipal.htm
3. HSE news releases are available at http://press.hse.gov.uk

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A construction company has been fined after HSE inspectors found unsafe working at height practises and unsafe crane operations during a routine inspection.

Kidderminster Magistrates’ Court heard how on 15 October 2019, a routine inspection in Malvern, Worcestershire, observed a crane in an unsafe position on the roadside.

The mobile crane was being operated in an unsuitable position, on a slope. There was not any plan for the lifting operation or a competent lift supervisor, putting workers and members of the public at risk.

Workers had also installed a temporary platform on scaffolding without any additional edge protection, as required by the regulations, to prevent a fall from height.

A Prohibition Notice (PN) was served immediately in response to the work at height breach and a Notification of Contravention and Improvement Notices (IN) were served in relation to planning for work at height and planning for lifting operations.

J F Wright Ltd of Brecon Close, Droitwich, Worcestershire pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005 and Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998. They were fined £64,000 and ordered to pay costs of £4,926.

Speaking after the hearing, HSE inspector Chris Gregory said: “Although no incidents took place during the inspection, there was the potential for serious injuries or fatalities in two different areas of work.

“Those in control of work have a responsibility to ensure that workers are adequately trained, properly supervised, and work activities are appropriately planned, managed and monitored.

“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 for planning for construction work at height is available here: Construction – Assessing all work at height – HSE

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Cutler Bros. Ltd and its Director, Roger Martin Cutler have been sentenced today after a worker fell through a skylight during the construction of a new farm building in Wimborne.

Poole Magistrates’ Court heard that on 22nd February 2019, a self-employed labourer was working with another colleague to fit roof sheets to the newly constructed steel framed barn. While working from the roof of an existing, adjacent barn, the worker fell through a fragile skylight in the barn roof almost 4 meters to the floor below. He suffered head and facial injuries and was knocked unconscious. He spent nearly two weeks in hospital.

An investigation by the Health and Safety Executive (HSE) found that the work had not been properly planned. The method of work meant that workers had to work near to a fragile roof without having sufficient platforms and guard rails in place. The company Director was on site directing the work.

Cutler Bros. Ltd of Horton Road, Wimborne, Dorset pleaded guilty to breaching Section 9(2) of the Work at Height Regulations 2005. They have been fined £5,000 and ordered to pay costs of £3,600.

As a director of the company, Roger Martin Cutler pleaded guilty to breaching Section 37(1) of Health and Safety at Work etc Act 1974, and has been fined £1,000 and ordered to pay costs of £1,200.

Speaking after the hearing, HSE inspector Georgina Symons, said “This incident could so easily have been avoided by simply using correct control measures and following safe working practices.

“Falls from height remain one of the most common causes of work-related fatalities/injuries in this country and the risks associated with working at height are well known.”

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. For more on working at height, see https://www.hse.gov.uk/toolbox/height.htm

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Welcome to the first HSE blog this year. We hope to make this a regular feature on the website. Other colleagues and I intend to share our thoughts and observations on a wide range of topics and subjects related to HSE’s mission.

My overarching opinion of HSE since I became Chair in August last year, is a hugely positive one. My first impressions are of a regulator staffed by passionate, committed and expert individuals who are fully engaged with and behind HSE’s core mission.

Today, as we reflect on the past year, the loss of life and impact in communities across Great Britain, it is safe to say that it has been a year unlike any of us have ever experienced.

As we think about the year ahead, and the anticipated emergence from the dark shadow of the pandemic, now is the time to apply renewed vigour to our work enabling Covid-secure workplaces. Drawing on what we are continuously learning from the data and science. With a focus on controlling risk, from identifying it to mitigating for it.

It’s worth mentioning that from all the conversations I’ve had with our people, it seems we have found the vast majority of businesses and workplaces are willing to follow Government advice, make necessary changes promptly, without the need for enforcement action from us. Where we have needed to, we have taken that action.

HSE, working with Public Heath bodies and Local Authorities has been at the centre of the Government response to Covid in Great Britain. Our people have worked tirelessly and selflessly to ensure workplaces are doing all they can to provide a Covid-secure working environment. HSE takes the Covid pandemic and the welfare of workers incredibly seriously. Of course, we do. That is written into our DNA and, since 1974, that has been our mission.

Over the past year, we’ve repeatedly demonstrated that making workplaces Covid-secure is an organisational priority. Let me highlight just a few of HSE’s actions;

• We’ve shifted resource onto Covid related work from all around the organisation and also benefited from an additional £14m to add in new services to support workers and employers.
• Since the start of the pandemic HSE has completed over 165,700 Covid-19 spot checks and responded to over 210,000 concerns.
• This week we’ve carried out around 2,000 workplace checks a day and the number is rising constantly.
• We’ve supported Public Health bodies on 646 reported outbreaks.
• Spot checks have been targeted in those industries where workers are most likely to be vulnerable to transmission risks.
• HSE is also leading a Covid-19 national core study funded by Government on the transmission of COVID-19 in the environment, which includes in workplaces, transport and other public settings and will look to answer essential policy and operational questions about the coronavirus pandemic.

All of the above, and more, has taken place against a backdrop of HSE continuing to regulate traditional, non-Covid related occupational health and safety in a multitude of industries. As well as setting up the new Building Safety Regulator and dealing with the complex regulatory responsibilities associated with the end of the EU transition period and the intake of new staff that these have entailed. I think that’s a real achievement everyone in HSE can be proud of.

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A gas engineer has been sentenced for conducting gas work while unregistered and producing false paperwork.

Exeter Crown Court heard how on 16 March 2019, Peter Strudwick completed a commercial gas safety check at a take-away business in Teignmouth. He undertook the work illegally using the Gas Safe registration number from his employer.

Concerns were raised when an officer from Teignbridge District Council attended the take-away premises regarding gas safety issues and found irregularities. Subsequent visits by correctly registered engineers found numerous concerns with the gas appliances at the takeaway.

An investigation by the Health and Safety Executive (HSE) found that Mr Strudwick was not registered with Gas Safe Register to carry out the gas safety check in his own right. He used a false gas registration number belonging to his employer on the paperwork submitted.

Peter Strudwick of Palk Close, Shaldon, Teignmouth pleaded guilty to breaching Regulations 3(3) of the Gas Safety (Installation and Use) Regulations 1998 and of Section 33(1(l) of the Health and Safety at Work etc Act 1974. He has been sentenced to 10 months imprisonment for each offence, suspended for 12 months.

Speaking after the hearing, HSE inspector Simon Jones said: “Mr Strudwick undertook a gas safety check which he knew he was not registered to do.
“He falsely used his employer’s Gas Safe Register details to deceive people into believing his work was legitimate.
“All gas work must be done by a registered Gas Safe engineer 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 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
4. Further information about gas safety can be found at http://www.hse.gov.uk/gas/

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