Liverpool housing association company Onward Homes Ltd has been fined after four employees developed a debilitating nerve condition over a period of several years.

Liverpool Magistrates’ Court heard that the affected employees developed Hand Arm Vibration Syndrome (HAVS), whilst working at various sites carrying out ground maintenance and general construction work using vibrating power tools on a daily basis. Regular use of vibrating tools causes the painful and disabling disorder which, in this case, has left the employees with nerve damage to the hands and arms; making everyday tasks and leisure activities difficult or impossible.

An investigation by the Health and Safety Executive (HSE) found that Onward Homes Ltd failed to prevent or reduce its employees’ exposure to intensive and protracted vibration. Employees were not provided with information and training in relation to the risks of exposure to vibration, and were unaware they were at risk, or of the need for health surveillance and ways to minimise exposure using controls. Had the employees been aware, exposure could have been reduced or eliminated.

Onward Homes Ltd of Hanover Street, Liverpool pleaded guilty to breaches of Regulation 5(1), 6(1) and 7 of the Control of Vibration at Work Regulations 2005. The company was fined £80,000 and ordered to pay costs of £5,293.10

Speaking after the hearing, HSE Inspector Emily Osborne said: “ If exposure to vibration is not controlled, workers can end up being diagnosed with HAVS, which can be the cause of significant ill-health, triggering painful and disabling disorders of the blood vessels, nerves and joints. Under these circumstances HSE can and will investigate; and prosecute where appropriate.”

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 titanium supplier has been fined after an employee sustained multiple fractures to his leg whilst operating a metal cutting band saw machine.

Kidderminster Magistrates’ Court heard that on 20 September 2017, Steven McDonald, a VSMPO Tirus Limited employee, was seriously injured by a falling titanium plate at The IO Centre in Nash Road, Redditch. Almost 1.5 tonnes of titanium plate fell from the bed of a metal cutting band saw machine trapping his leg underneath. The sheets being cut were significantly larger than the machine bed.

An investigation by the Health and Safety Executive (HSE) found the company had failed to suitably and sufficiently assess the risk of material falling from the machine bed and failed to put in measures to control the risk. An extension to the machine bed or stanchions with back stops would have prevented the material from falling from the machine bed.

VSMPO Tirus Limited of Nash Road, Redditch, Worcestershire pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. They were fined £200,000 and ordered to pay costs of £7,293.15.

Steven McDonald said: “This has been the worst couple of years of my life. I feel I have been dealt a bad hand. I have come through it, but I have a long way to go. My recovery isn’t going to be a quick fix and I think everyone knows this. My friends, family and the company have supported me.”

HSE inspector Elizabeth Thomas added: “A simple, cost-effective solution could have prevented this horrendous injury.”

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. General guidance of engineering workshops can be found at: www.hse.gov.uk/pUbns/priced/hsg129.pdf
4. HSE news releases are available at http://press.hse.gov.uk

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A Health and Safety Executive (HSE) prosecution is being brought against two companies after five workers were fatally injured and another seriously injured at a site in Birmingham.

On 7 July 2016, Ousmane Kaba Diaby, Saibo Sumbundu Sillah, Bangally Tunkara Dukuray, Almamo Kinteh Jammeh and Mahamadou Jagana Jagana were all fatally crushed by a collapsing wall at the site on Aston Church Road in Nechells area of the city. Tombong Camara Conteh sustained serious injuries.

A joint investigation by HSE and West Midlands Police has taken place.

Ensco 10101 Limited (previously known as Shredmet Ltd) of Riverside Works Trevor Street, Nechells, Birmingham will face charges under Sections 2(1) and 3(1) of the Health and Safety at Work Act 1974.

Hawkeswood Metal Recycling Limited of Riverside Works Trevor Street, Nechells, Birmingham, will face charges under Sections 2(1) and 3(1) of the Health and Safety at Work Act 1974.

A prosecution has also been approved against two individuals.

The first court hearing is yet to be confirmed.

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. Primacy was handed to HSE in December 2017, and the inquest into the five deaths took place in November 2018 where an outcome of accidental death was recorded. Please refer to HM Coroner for further detail on these coronial proceedings.
5. We will issue a separate note once a hearing date and location has been confirmed.

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A plant hire company has been fined after an apprentice avoided a potentially fatal crush injury from a mobile crane.

During proceedings at Knights Chamber, Nightingale Court, in Peterborough it was heard that on 3 August 2016, an apprentice at M&J Engineers Limited had climbed on to the roof of an accommodation cabin to attach a power float to the chains of a mobile crane. The crane operator, who had not been appropriately trained, began to extend the boom and move the crane into position. The crane had not been set up correctly and the boom of the crane toppled over toward the apprentice. The apprentice jumped out of the way of the boom avoiding a potentially fatal incident. However, his fall from height caused injuries to his leg and back.

An investigation by the Health and Safety Executive (HSE) found the company did not have a safe system of work in place and the crane operator had not been adequately trained. There was no clear instruction concerning the use of the crane or which areas the crane was prohibited from operating. They also had no way of ensuring that the apprentice was suitably managed.

M&J Engineers of Cashel Works, Cadwell Lane, Hitchin, Hertfordshire was found guilty of breaching Section 2(1) Health and safety at Work etc Act 1974. They were fined £220,000 and ordered to pay costs of £65,443.72.

Speaking after the hearing, HSE inspector Nigel Fitzhugh said: “Those in control of work have a responsibility to provide adequate training to their employees so that they can operate equipment safely and devise safe methods of working. This includes providing the appropriate information, instruction and training to their workers.”

Further information about managing health and safety is available here:

http://www.hse.gov.uk/managing/index.htm

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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An engineering company has been fined after a worker was diagnosed with hand-arm vibration syndrome (HAVS).

Manchester Magistrates’ Court heard that prior to 22 October 2018, an overall lack of management relating to the use of vibrating tools at AIM Engineering Ltd led to an employee being diagnosed with HAVS. Regular use of vibrating tools causes the painful and disabling disorder which, in this case, has left the employee with irreparable nerve damage to the hands and arms.

An investigation by the Health and Safety Executive (HSE) found that AIM Engineering Ltd of Wythenshaw, Manchester did not monitor how much work the employees were doing with vibrating tools. In addition, the company did not have any health surveillance in place, which would have picked up early signs of the disease. In 2017 an external company made recommendations to reduce employees’ exposure to vibration when working with vibrating tools, and to implement health surveillance. This resulted in an employee being diagnosed with HAVS.

AIM Engineering Ltd of Southmoor Industrial Estate, Southmoor Road, Manchester pleaded guilty to breaching of Regulation 2 (1) of the Health and Safety at Work Act etc. 1974 and was fined £300,000 with costs of £7,831.90.

Speaking after the hearing, HSE inspector Jennifer French said: “This was a case of the company completely failing to grasp the importance of controlling employees’ exposure to vibration. Had appropriate controls been in place to reduce the amount of vibration workers were exposed to, and appropriate health surveillance put in place, the employee’s condition would not have been allowed to develop to a severe and life altering stage.”

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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