SPIE Limited has been fined after a child was fatally injured when he was trapped between an unsecured pole and a fence.

Dumfries Sheriff Court heard that, on 15 October 2017, an employee of SPIE Limited delivered an overhead power pole to a roadside verge adjacent to Mill Hill Medical Centre at Niviston Road and Corserig Crescent, Kelloholm. The pole was left unsecured at the top of an embankment and subsequently rolled down, trapping the 12-year-old between it and a fence and causing fatal injuries.

During an investigation by the Health and Safety Executive (HSE), two distinct failings that led to the tragic incident were highlighted. Firstly, there was a failure to provide a safe system of work for the delivery and storage of poles to ensure, so far as reasonably practicable, that the poles were delivered to the correct location and that they were properly secured to prevent rolling. Secondly, there was a failure to provide suitable training, information and instruction to ensure, so far as reasonably practicable, that employees engaged in the task of delivering poles properly secured them so that they could not roll.

SPIE Limited of Gracechurch Street, London pleaded guilty to breaching Section 3(1) of the Health and Safety at work etc Act 1974 and was fined £160,000.

Speaking after the hearing, HSE inspector Martin McMahon said: “This terrible and tragic incident led to the avoidable death of a child. This death could easily have been prevented if the risks involved had been properly managed, through the provision of safe systems of work and suitable training of employees. Sadly however, that was not the case.

“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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Three companies have been sentenced for failing to take adequate precautions against fire risk when building a timber frame extension to a sheltered accommodation residential home.

Worcester Crown Court heard that in the months leading up to October 2017 principal contractor E Manton Limited, timber frame designer, manufacturer and installer MTE (Leicester) Limited and principal designer Thornton – Firkin LLP were working on the project. This involved the installation of the timber frame three-storey construction with a timber frame link extension to an occupied sheltered accommodation residential home in Pershore, Worcestershire without adequate fire prevention controls in place, thereby putting members of the public at risk.

An investigation by the Health and Safety Executive (HSE) found that the defendants failed to fulfil their respective duties to plan, manage and monitor construction work in a manner that prevents risks from fire and protects persons who may be affected by the project. The risks should have been prevented by designing out the major fire risks and implementing a plan to incorporate measures to minimise the residual fire risk during the construction phase in accordance with industry good practice.

E Manton Limited of Birmingham Business Park, Birmingham pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work Act 1974 and has been fined £26,000 and ordered to pay costs of £6,944.

MTE (Leicester) Limited of Sunningdale Road, Leicester pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work Act 1974 and has been fined £20,000 and ordered to pay costs of £6,413.

Thornton – Firkin LLP of Newhall Street, Birmingham pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work Act 1974 and has been fined £8,000 and ordered to pay costs of £7,133.

Speaking after the hearing, HSE inspector Christopher Gregory said: “These cases highlight the need for all duty-holders to take proactive action to ensure they are not putting workers and others at risk from foreseeable fire risks by taking reasonably practicable actions, in accordance with industry standards, to comply with their duties under the respective regulations. Fire kills and members of the public have a right to be protected.”

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 about fire safety in construction can be found at: http://www.hse.gov.uk/pubns/books/hsg168.htm

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HSE is reminding employers that they must protect their workers’ health by controlling the risks from welding fume.

The Health and Safety Executive’s (HSE) current programme of inspections will review health and safety standards across the country and businesses are encouraged to visit HSE’s revised guidance to remind themselves of the changes to control expectations.

To protect your workers’ health, you must ensure you have adequate controls in place to avoid or reduce exposure to welding fume. Employers should be using local exhaust ventilation where effective and provide suitable respiratory protective equipment where necessary to protect workers in the metal fabrication industry from inhaling fumes.

The inspections follow a safety alert that was issued in February 2019 after new evidence showed exposure to mild steel welding fume can cause cancer and HSE updated guidance to reflect this.

Scientific evidence from the International Agency for Research on Cancer shows that exposure to mild steel welding fume can cause lung cancer and possibly kidney cancer in humans.

John Rowe, Head of Manufacturing at HSE said: “Employers and workers should know the risk, plan their work and use the right controls when welding activity is carried out. If they are not HSE will use enforcement to bring about improvements.”

“It is our mission that all workers are protected and are not made ill or killed by their work. Everyone should be able to leave work and go home healthy and safe.”

HSE has a range of guidance to help you protect your workers and COSHH advice sheets to help you control risk from hazardous substances in welding. You can also sign up to our newsletter to receive ongoing information and follow us on Twitter @H_S_E.

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Waste management company, Peter Norris (Haulage) Ltd has been fined £140,000 after an agency worker suffered lower leg amputation after being struck by a moving excavator.

Westminster Magistrates’ Court heard that on 12 September 2017, the worker, who had been observing a tipping activity in the blind spot of the excavator, had his leg crushed by the machine which had reversed to accommodate another vehicle tipping off waste in an adjacent part of the site.

An investigation by the Health and Safety Executive (HSE) found no evidence of any system whereby new agency hired staff were shown the site’s safety rules, meaning the injured worker was unaware he was to stand in the safe refuge areas whilst vehicles were moving around the site.

Peter Norris (Haulage) Ltd of Tower Bridge House, St Katharine’s Way, London, pleaded guilty to a breach of Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £140,000 and was ordered to pay full costs of £9,322.48.

Speaking after the hearing, HSE inspector John Spence said: “This incident was entirely preventable and has caused a permanent and life-changing injury to a young agency worker.

“The company failed to implement an adequate system of monitoring of agency workers on site who were therefore, in effect, left to manage themselves without necessary oversight from the company.

“Any company that uses agency workers are required to extend the same duty of care to them as their own direct employee.”

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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The former director of a construction company has received a suspended prison sentence after failing to comply with Prohibition Notices and for carrying out unsafe work at height during roofing work on a new build house.

Manchester Crown Court heard that between July and December 2018, Imtiaz Hussain, former director of Bradford Builders (UK) Ltd, was the person in control of the work at a construction site of two semi-detached houses in Hollins Road, Oldham. Site inspections in July and August 2018 by the Health and Safety Executive (HSE) resulted in Prohibition and Improvement Notices being issued for multiple health and safety failings, including unsafe work at height.

On 6 December 2018, a HSE site visit took place following a report of unsafe roof work the previous week. Roof work was being carried out from a scaffold at the rear of the building. Two further Prohibition Notices were served on the two separate scaffolds at the site due to missing guardrails and scaffold boards and the resulting risk of falls from the scaffold.

An investigation by HSE found that Imtiaz Hussain failed to comply with Prohibition Notices issued after the HSE inspector’s visits and to take suitable and sufficient measures to prevent falls from height during the roof work.

Imtiaz Hussain, of Richardson Avenue, Bradford, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005 and two counts of Section 22 of the Health and Safety at Work etc. Act 1974. He was sentenced to eight months imprisonment suspended for two years, 200 hours unpaid work in the community and ordered to pay costs of £5,000.

HSE inspector David Norton said after the hearing: “These risks could so easily have been avoided by simply having suitable scaffolding in place put up by a competent scaffolding contractor. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards and that failure to comply with Prohibition or Improvement Notices is likely to result in prosecution.”

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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