A Lancashire coach company was fined after a father-of-three was fatally crushed while working underneath a double decker bus.

Chester Magistrates’ Court heard how on 14 June 2017, Wayne Lannon, a 46-year-old employee of Brian Finch, trading as F E Coaches, was carrying out repairs under a double decker bus in the car park of Chester Zoo. The bus had been supported by a hydraulic bottle jack and Mr Lannon had placed some wooden blocks underneath the stationary bus. The bus rolled backwards off the bottle jack, trapping Mr Lannon under the bus resulting in him sustaining fatal injuries. Wayne is survived by his wife, two daughters and a son.

An investigation by the Health and Safety Executive (HSE) found that the company did not have a safe system of work in place for preventing the bus from moving. The bus parking break had not been applied before Mr Lannon went under the bus and the bus was not chocked to prevent it from rolling off the jack. Brian Finch also failed to provide training and instructions to Mr Lannon in mechanical work or safe lifting of vehicles, and about the type of repairs that were suitable to be made outside of the workshop.

Brian Finch T/A F E Finch Coaches, of Moat House Street, Ince, Wigan, pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. Act 1974 and was sentenced to six months custody, suspended for 18 months, and subject to a curfew (between the hours of 7pm-8am) for 30 months, with full costs of £9,381.

In a family statement, Wayne’s sister Keeley Unsworth, described how the loss of Wayne had left his family and friends with ‘shattered hearts’.

Keeley said: “Our brother was the greatest person. He was the perfect brother…, Wayne always believed in speaking kindly, always believed in helping others’.

“We are deeply saddened…his children will never feel or hear him again…we have no idea how we carry on, how we cope, how we live with the pain we are in”

HSE inspector Lianne Farrington said after the hearing: “This was a tragic and wholly avoidable incident, caused by the failure of Mr Finch to ensure there were adequate control measures in place, such as chocking the bus, and to implement safe systems of work. Had the company ensured that proper control measures were in place, Mr Lannon would not have lost his 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. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
3. More information on carrying out repairs safely under vehicles can be found at http://www.hse.gov.uk/mvr/mechanical-repair/under-vehicles.htm and http://www.hse.gov.uk/mvr/roadside-repair/buses.htm
4. HSE news releases are available at http://press.hse.gov.uk

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Construction company LJM Building Services Ltd was sentenced for safety breaches after a teenage worker fell three metres to the ground.

Grimsby Magistrates’ Court heard that on 8 May 2019, the 18-year-old worker and another colleague were installing a block and beam floor by lifting large concrete beams from a telehandler and placing them onto the first-floor steels at the construction site on Manby Rd, South Killingholme, Immingham. Whilst manoeuvring the large, heavy beams the worker slipped and fell to the ground sustaining a fractured pelvis and bruising.

An investigation by the Health and Safety Executive (HSE) found that the workers had not been provided with any instructions as to how to carry out this work safely. No scaffolding or other work platform had been provided on site to allow them to access first floor height. The workers therefore used some scaffold boards laid across the first-floor steels in order to provide a makeshift work platform to carry out this work. The scaffold boards were not secured in place and did not fill the necessary area. There was therefore a drop of around three metres down to the ground on all sides of the boards. Instead, a temporary crash deck or ‘birdcage scaffold’ should have been in place to provide a safe and stable work platform which did not have open edges.

LJM Building Services Ltd of Victoria Road, Barnetby pleaded guilty to breaching Regulation 4 of the Work at Height Regulations 2005. The company has been fined £10,000 and ordered to pay £1,314 in costs.

After the hearing, HSE inspector Jennifer Elsgood commented: “LJM Building Services Ltd did not have an established safe system of work, meaning that the workers had to devise their own system using the limited resources available.

“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 the work to ensure that effective preventative and protective measures are in place.

“Appropriate supervision of the work by the company would also have prevented this unsafe system of work from being adopted.”

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

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A manufacturer of prepared bird feed has been prosecuted after an employee suffered life changing injuries when his hand was trapped in an unguarded rotary valve

Cannock Magistrates’ Court heard that on 25 July 2017, a production operative had to have three fingers amputated after sustaining injuries at C J Wildbird Foods Ltd while operating a mixing extraction unit at the company’s site in Upton Magna, Shrewsbury. The employee had been in the process of levelling out the waste dust that collected in a large bag located underneath a rotary valve on the mixing plant. He lost his balance and began to fall backwards into the bag. As he tried to steady himself, he used his right hand to reach out and grab something. In doing so he unintentionally brought his right hand into contact with the dangerous moving parts of the rotary valve, causing his hand to be jammed.

An investigation by the Health and Safety Executive (HSE) found there had previously been a guard preventing access, to the dangerous parts of the rotary valve but that this had fallen off over time and not been replaced. The mixing extraction unit had originally been purchased second hand and no suitable and sufficient assessment of the risks arising from the use of this machine had ever been made prior to it being used, so the company failed to identify the risks from the dangerous parts.

C J Wildbird Foods Ltd, of The Rea, Upton Magna, Shrewsbury pleaded guilty to breaching Regulation 11(1) of the Provision of Use of Work Equipment Regulations 1998 and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999. The company was fined £50,000 and ordered to pay costs of £5,508.61.

HSE inspector Andrew Johnson said after the hearing: “This was an easily preventable incident which has had life changing consequences. It reminds us why there are long established and straightforward regulations requiring dutyholders who procure and use their work equipment to assess the risks and identify and put in place effective measures to prevent access to any dangerous moving parts”.

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 self-employed electrician has been sentenced after conducting gas work he was not registered or competent to do.

Exeter Magistrates’ Court heard that Gareth Symons, of Gareth C Symons Electrical Services, quoted for a refurbishment of the client’s property in Exmouth. The job included gas works for which Mr Symons employed a fitter, who fitted a new gas boiler and fittings in August 2016 but did not complete the installation. After the client complained about the reliability of the fitter, Symons went to the property and completed the required work to ensure the gas boiler was working.

When the client smelled gas, she contacted Wales & West Utilities who found faults with the fittings and advised the boiler should not be used. The client attempted to contact Mr Symons for him to come back to correct the faults, but no response was received. An inspector from Gas Safe Register later inspected the work and found numerous defects on the installation and issued a warning notice.

An investigation by the Health and Safety Executive (HSE) found Mr Symons was not and never has been a member of Gas Safe Register. He was not registered or competent to undertake gas work.

Gareth Symons of Madison Close, Stoke Canon, Exeter pleaded guilty to breaching Regulations 3(3) and 33(1) of the Gas Safety (Installation and Use) Regulations 1998. He was sentenced to a 12-month suspended custodial order with 210 hours of unpaid work and ordered to pay costs of £7979.90.

Speaking after the hearing HSE inspector Paul Mannell said: “Mr Symons undertook gas work but was not and never has been a member of the Gas Safe Register. Furthermore, immediately following completion of the installation, he failed to test the connection to the installation pipework to verify that it was gas tight and examine the appliance in accordance with the Gas Safety (Installation and Use) Regulations 1998.

“All gas work must be completed by a registered, and therefore HSE approved, Gas Safe engineer to ensure the highest standards are met to prevent injury and loss of life.”

Further information about gas safety can be found at http://www.hse.gov.uk/gas/

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice, promoting training; new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement. hse.gov.uk^[1]
2. More about the legislation referred to in this case can be found at:

www.legislation.gov.uk/ ^[2]

3. HSE news releases are available at http://press.hse.gov.uk^[3]

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The director of a roofing company has been handed a suspended jail sentence after an eagle-eyed Health and Safety Executive (HSE) inspector spotted unsafe work on a roof.

Brighton Magistrates’ Court heard that on 11 August 2018, the inspector noticed three men working on the pitched roof of a two-storey house in East Grinstead, West Sussex, without any edge protection.

The HSE investigation found that the company’s failure to ensure that work at height was carried out safely was attributable to Clifford Smith. The most basic of duties for those organising work at height is to provide adequate fall prevention measures. No fall prevention measures were provided by Clifford Smith whilst three roofers worked on the roof.

The court heard that this was not the first time the HSE had encountered poor working practices from G&S Roofing and Clifford Smith, with HSE having taken previous enforcement action and a prosecution in March 2018 for similar conditions at a site in Horsham, West Sussex.

Clifford Smith of The Hatchington, Worplesdon, Guildford pleaded guilty to a breach of section 37 of the Health and Safety at Work Act. He was sentenced to six months in jail, suspended for twelve months, ordered to do 200 hours of unpaid work and has been disqualified from being a director for three years. He was furthermore ordered to pay £4000 in costs.

Speaking after the hearing HSE inspector Amanda Huff said: “We hope this case demonstrates that directors can be held personally liable for the failings of their company if they fail to manage health and safety. Clifford Smith had previous form for this and failed to learn the lessons; we hope others that cut corners will pay closer attention to the health, safety and wellbeing of workers.”

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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