A building and maintenance company has been fined after an employee fell from height, causing life changing head injuries.

Birmingham Magistrates’ Court heard that on 11 May 2018 two employees of M & M Damproof were replacing a leaking roof sheet above a motor vehicle repair workshop in Digbeth, Birmingham. The pitched roof consisted of corrugated asbestos cement sheets and perspex roof lights. The pair accessed the roof via a ladder which they positioned at the rear of the premises and walked along the roof valley to the site of the repair at the front of the building.

They went onto the roof several times during the course of repair and also worked from a mezzanine floor below part of the roof. Shortly after returning to the mezzanine area inside the building, one worker heard a cracking sound and a shout. Looking across the workshop he saw that his colleague had fallen five metres from the roof onto the concrete workshop floor below. He had fallen head first through a fragile roof light. The injured worker suffered multiple fractures and life changing head injuries. He spent eight weeks in hospital and continues to recover.

An investigation by the Health and Safety Executive (HSE) found that M & M Damproof failed to assess the risks of the job and there were no precautions in place to prevent falls from height through the fragile roof.

M & M Damproof Co. Limited of Clements Road, Birmingham pleaded guilty to breaching Regulation 9 (2) of the Work at Height Regulations 2005. The company was fined £20,000 and ordered to pay full costs of £996.79.

HSE inspector Amanda James said: “Falls through fragile roofs are a far too common cause of serious and fatal injury in the construction industry and the precautions are well established.

“All roofs can become fragile over time. In particular cement sheets and roof lights are known to be fragile.

“Work on fragile roofs should be avoided where possible, for example by replacing roof sheets from underneath. If it is necessary to go onto the roof, suitable measures such as platforms, coverings and guard rails should be used to prevent falls. Walking along valleys and gutters without protection is not safe; a mis-step, slip or trip could be fatal. With proper planning, safe systems of work and equipment, accidents like this are completely avoidable.”

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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Cemex UK Operations Limited has been fined £1m after a worker suffered fatal injuries when he was struck on the body by a centering machine lifting mast.

Livingston Sheriff Court heard that on 13 May 2017, James Brownlie was carrying out maintenance and repair work on a dry sided conveyor, part of which ran under a machine known as a centering machine. The centering machine was not isolated at the time and part of Mr Brownlie’s body interrupted the path of the light beam between the sensor’s emitter and reflector. This caused the machine’s lifting mast to activate and descend, striking him on the body and causing internal injuries from which he died a short time later.

An investigation by the Health and Safety Executive (HSE) found that Cemex UK Operations Limited failed to ensure the centering machine was isolated prior to the maintenance and repair work being carried out on the conveyor.

Cemex UK Operations Limited, Evreux Way, Rugby pleaded guilty to breaching Section 2 (1) and Section 33 (1) (a) of the Health and Safety at Work Act etc 1974 and was fined £1,000,000.

After the hearing, HSE inspector Kim Ross said: “This tragic incident led to the avoidable death of a man, which could have easily been prevented if had taken action to ensure the centering machine was isolated prior to the maintenance and repair work being carried out.

“If this had been in place before the incident, James Brownlie’s death could have been prevented.”

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

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 Multinational building materials company fined after worker died during maintenance and repair work appeared first on HSE Media Centre.

A building and maintenance company was fined after an employee was injured while operating a ripsaw.

Liverpool Crown Court heard that on 2 June 2017, the worker was cutting timber to construct a door in the joinery workshop of Connors Building and Restoration Limited. As he fed a length of hardwood through the blade, an offcut was ejected backwards striking the employee and impaling itself in his upper leg and groin. Although the saw had a crown guard and riving knife, no work piece support was being used.

An investigation by the Health and Safety executive (HSE) found that no risk assessment for the machine had been carried out to identify the controls to reduce the risk of kick back of timber. The company failed to provide adequate training and supervision in use of the work equipment including workpiece supports.

Connors Building and Restoration Limited, of Knowsley Industrial Estate, Liverpool, was found Guilty to breaching regulation 2(1) of the Health and Safety at Work Act 1974 etc. The company was fined £20,000 and ordered to pay costs of £68,192.15.

HSE inspector Catherine Lyon said after the hearing “This injury could have been easily prevented by identifying and implementing safe working practices when using this machine and in ensuring employees were provided with appropriate information, instruction and training to ensure these methods were followed.”

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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Sheffield Countryside Conservation Trust (SCCT) was sentenced for safety breaches after a 46-year-old woman was knocked unconscious by a falling tree and her four-year-old grandson received minor head injuries.

Sheffield Magistrates’ Court heard how, on 11 December 2017, SCCT was tree felling in Truman Road, Stocksbridge. The tree was being felled by chainsaw with the assistance of a winch and when the last cut was applied, instead of it falling in the expected direction, it twisted out of control and fell onto the lane. The tree came to rest on the site boundary wall and a security gate on the other side of the lane. At the time the woman and her grandson were walking up the lane and two were injured by the falling tree. The woman’s five-year-old granddaughter, also present, was uninjured.

An investigation by the Health and Safety Executive (HSE) found that the characteristics of the particular tree were not properly assessed prior to felling and the tree did not fall in the intended direction. The method used for felling this size and shape of tree was not the correct one. A different method was needed because of its shape and angle of lean. Site supervision was also inadequate. The work on the day of the incident was poorly organised and effective measures had not been taken to prevent members of the public entering the danger zone.

Sheffield Countryside Conservation Trust of Wood Lane Countryside Centre, Stannington, Sheffield pleaded guilty to breaching Section 3 (1) of the Health & Safety at Work etc Act 1974. The trust has been fined £3,000.00 and ordered to pay £1,000.00 in costs.

After the hearing, HSE inspector Eddy Tarn commented: “Use of signs and banksmen to warn members of the public should have been in place.

“This incident could have easily been prevented if a site-specific risk assessment and method statement had been used”

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^[1]
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/ ^[2]
3. Please see the link below to the page on HSE’s website that is the best guide to doing it the right way: http://www.hse.gov.uk/treework/site-management/public-access.htm
4. HSE news releases are available at http://press.hse.gov.uk^[3]

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RJW Building Solutions Limited, a contractor carrying out refurbishment work at the Sea Hotel in South Shields, and Hotel 52 (Sea) Limited, the client company who arranged this work, were sentenced after workers disturbed asbestos.

South Tyneside Magistrates’ Court heard that while workers were refurbishing the bar area of the Sea Hotel in September and October 2018, they disturbed asbestos.

An investigation by the Health and Safety Executive (HSE) found that both companies had failed to ensure an appropriate assessment was carried out to check for the presence of asbestos in the areas of the Sea Hotel where refurbishment work was taking place.

RJW Building Solutions Limited of Bridge End Industrial Estate, Hexham pleaded guilty to breaching Regulation 5 of the Control of Asbestos Regulations 2012 and was fined £20,000 with £1,084.59 costs.

Hotel 52 (Sea) Limited of Stockbridge, Newcastle upon Tyne pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work Act 1974 etc and was fined £16,000 with £1,246.90 costs.

After the hearing, HSE inspector Loren Wilmot said:

“Asbestos is a naturally occurring mineral fibre which was widely used in both building and engineering materials for its strength, heat and chemical resistance.  There are several different types of asbestos however they all share similar properties. When asbestos is disturbed, fibres are released into the air where they can be inhaled and may penetrate the lungs. This can cause serious diseases including mesothelioma, lung cancer and asbestosis. These diseases do not have an immediate effect, they often take a long time to develop, but once diagnosed, they are often fatal.

“Asbestos related disease is responsible for the premature deaths of approximately 5000 people annually. Whilst the supply and manufacture of asbestos has been prohibited in the UK for approximately 20 years it can still be present in any building or industrial process plant built or refurbished before the year 2000.

“In this case both the client and contractor failed to protect workers from the risks to their health by failing to prevent their exposure to asbestos.”

Notes for 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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