Chemical company LMA Services Ltd has been sentenced for safety breaches after a fire which quickly took hold of buildings and storage areas at the site.

Leeds Magistrates’ Court heard that on 30 June 2016, the fire started during a chemical dispensing operation in a Warehouse on Halifax Way, Pocklington Industrial Estate, Pocklington. Heptane, a highly flammable liquid, was being decanted from a bulk storage container into 4-litre metal cans. The operator dropped the can he was filling, exited the warehouse quickly and raised the alarm. He did not suffer any serious injury. The fire spread quickly and destroyed the warehouse, the adjacent warehouse and an external storage area between the two.

An investigation by the Health and Safety Executive (HSE) found that the process involved placing a bulk container of heptane onto racking at a height of about 1.5m. A table was then positioned beneath the bulk container onto which a small electrical weighing scale was positioned. Metal cans were placed onto the scale and an employee filled the cans by weight by manually operating a tap on the bulk container in the warehouse building.

A flammable vapour created during the process came into contact with an ignition source causing the vapour to ignite. HSE’s investigation found that the most likely source of ignition was a spark from the electrical weighing scales.

LMA Services Ltd of Halifax Way, Pocklington Industrial Estate, Pocklington pleaded guilty to breaching Regulation 6 (3) of the Dangerous Substances and Explosive Atmospheres Regulations 2002. The company has been fined £14,000 and ordered to pay £2,377 in costs.

After the hearing, HSE inspector Dave Stewart commented: “The risks associated with the decanting operation were not fully understood by the company. There were potential ignition sources present within the area where a flammable vapour was likely to occur.

“This case highlights the importance of assessing risks associated with flammable atmospheres. Employers should ensure that adequate measures are taken to reduce the formation of flammable atmospheres so far as is reasonably practicable, and to ensure that only suitable electrical equipment is used in areas where a flammable atmosphere may be present.”

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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W D Cormack & Sons, a partnership operating a haulage business, has been fined after a driver fell from a trailer to the ground.

Perth Sheriff Court heard that on 9 February 2016, the employee was securing a load of grain bags on a curtain-sider trailer, at Thormean Granary, Kinross, when he fell 2.88 metres from the trailer to the ground. He sustained severe injuries as a result of the fall.

An investigation by the Health and Safety Executive (HSE) identified that there was a failure to make a suitable and sufficient risk assessment and a failure to provide and maintain a safe system of work.

W D Cormack & Sons of, Castletown, Thurso pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £8,000

Speaking after the hearing HSE inspector Norman Schouten said: “This incident could have been avoided by implementing effective measures to control work at height on trailers. Load securing systems, which allow drivers to secure loads from the ground, can be easily fitted to curtain-siders.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standard.”

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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Construction company, Sir Robert McAlpine Ltd was sentenced for safety breaches after worker, Mark Smith, fell 4.8 metres through an unprotected opening.

Leeds Magistrates’ Court heard how, on 28 April 2016, Mr Smith, aged 36, was working at Stone Gappe Hall, Lothersdale, Keighley, owned by Richard McAlpine, a director of the McAlpine group of companies. Mr Smith was attaching straps to a water tank whilst preparing to move it to a lower floor of a water tower at the property, in order to paint the floor.

An investigation by the Health and Safety Executive (HSE) found that Mr Smith fell through an opening that did not have fixed edge protection. As a result, he sustained serious injuries including: a right tibial shaft fracture, a distal fibular fracture, a fracture to the left patella, orbital and nasal fractures, lacerations to the face, a concessional head injury, injury to his ribs and he was hospitalised for nine days. Mr Smith continues to suffer from psychological damage and has been unable to return to work.

Sir Robert McAlpine Ltd of Eaton Court, Maylands Avenue, Hemel Hemstead, Hertfordshire pleaded guilty to breaching Section 3 (1) of the Health & Safety at Work etc Act 1974, Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 and Regulation 13(1) of the Construction (Design and Management) Regulations 2015. The company has been fined £260,000 and ordered to pay £38,299 in costs.

After the hearing, HSE inspector Paul Thompson commented: “Falls from height often result in life-changing or fatal injuries. In most cases, these incidents are needless and could be prevented by properly planning of the work to ensure that effective preventative and protective measures are in place such as edge protection or barriers built to the correct standard.

“This incident could have easily been prevented if the company had undertaken a thorough risk assessment and installed adequate edge protection around the opening to prevent falls.”

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 construction company has been fined after a self-employed joiner received serious eye injuries when he was struck in the face by an object while stepping onto a scaffold platform.

Nottingham Magistrates’ Court heard that, on 2 November 2017, the injured worker was installing cladding to a newly built house on Southwell Road in Kirklington. He stepped on a platform from a tower scaffold left on the working platform which was overhanging the edge. As he stepped onto the platform, it flicked up and struck him in the face, causing him to fall from the scaffold and causing serious injuries to his eye.

An investigation by the Health and Safety Executive (HSE) found Pearson Property Developments Ltd had failed to sufficiently plan the work at height and had inadequate site induction procedures in place, meaning the competency of workers on site was not properly checked.

Consequently, the company did not know whether workers were sufficiently competent to erect scaffolding and tower scaffolds, and additionally failed to ensure the pieces of work equipment were properly signed off as safe to use by competent persons. Furthermore, the investigation found insufficient supervision and monitoring of the site, which lead to ad-hoc working methods that were neither observed nor challenged, meaning that the improper use of work equipment was not seen and rectified.

Pearson Property Developments Ltd of Mountsorrel, Loughborough, pleaded guilty to breaching the Work at Height Regulations 2005 section 4(1) and the Work at Height Regulations 2005 section 5. The company was fined £10,000 and ordered to pay costs of £2,896.80.

Speaking after the hearing, HSE inspector Phil Gratton said: “This incident could so easily have been avoided by properly planning the work and 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

The post Construction company prosecuted after self-employed joiner was seriously injured appeared first on HSE Media Centre.

A company and its director have been fined after failing to comply with health and safety regulations and an enforcement notice.

Westminster Magistrates’ Court heard that, between May 2018 and February 2019, the Health and Safety Executive (HSE) carried out a series of inspections at a construction site at Chelmsford Road, South Woodford, London following health and safety concerns raised at the site. During the inspections, the site manager and company director Mr Tahir Ahmed was served with two Prohibition Notices and his company, All Type Electrical and Building Limited, were served with two Prohibition Notices and two Improvement Notices. All Type Electrical and Building Limited’s Improvement Notice for competent advice was not complied with.

All Type Electrical and Building Limited pleaded guilty to breaching Regulation 15(2) of the Construction (Design and Management) Regulations 2015; and Section 21 of The Health and Safety at Work etc Act 1974. The company was ordered to pay a fine of £60,000 plus a surcharge of £170 and full costs of £5216.46

Mr Ahmed of Sutlej Road, London, pleaded guilty to breaching Section 21 of The Health and Safety at Work etc Act 1974. He was sentenced to 18 weeks’ imprisonment suspended for 12 months, 180 hours of unpaid work, and was ordered to pay a surcharge of £115, and full costs of £5060.69.

After the hearing, HSE inspector David King commented: “This case highlights the need for suitable and sufficient planning, managing and monitoring, using the appropriate work at height equipment and having a competent site manager.

“Dutyholders should be aware that HSE will hold to account those who do not comply with health and safety legislation, or who do not comply with enforcement notices served on them.”

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

The post Construction company and director sentenced after non-compliance with HSE notices appeared first on HSE Media Centre.