A haulage company has been fined following an incident where a warehouse operative was injured at its business premises at Snetterton, Norfolk.

Chelmsford Magistrates’ Court heard that on 22 March 2018, whilst working in Foulger Transport Limited’s hub warehouse, Martin Shepherd was struck by a moving forklift truck and knocked to the ground. Before the vehicle came to a stop Mr Shepherd’s foot became trapped under the wheel, breaking bones in the upper part of the foot.

An investigation by the Health and Safety Executive (HSE) found that Foulger Transport Limited, a part of the Kinaxia Logistics group of companies had failed to have in place appropriate systems to ensure that vehicles and pedestrians moved around the warehouse in a safe manner. Recent changes to the warehouse layout had not been considered in the company’s assessment of risk and the warehouse team were relied upon to work safely with each other without effective training and supervision

Foulger Transport Limited, of The Circuit, Snetterton, Norfolk pleaded guilty to breaching Regulation 4(1), by virtue of regulation 17(1),of the Workplace (Health, Safety and Welfare) Regulations 1992 and was fined £20,000 and ordered to pay costs of £5,724.05.

Speaking after the hearing, HSE inspector Saffron Turnell said:

“This incident could easily have been avoided had appropriate systems been put in place to suitably separate the fork lift trucks and pedestrians.

“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

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Two people have been sentenced after failing to control the risk of exposure to Legionella bacteria in the cooling tower at their business premises in Spring Hill, Birmingham.

Birmingham Magistrates’ Court heard that, between June 2017 and February 2018, Kulwant Singh Chatha and partner Satpaul Kaur Chatha of Isher Hangers failed to put suitable measures in place to control the risk of Legionella bacteria from the cooling tower on their premises. Concerns raised by their own water treatment consultants were ignored, and no Legionella risk assessments were in place.

An investigation by the Health and Safety Executive (HSE) found that the cooling tower was not being managed to control the risk from Legionella bacteria. This failure exposed employees of Isher Hangers, as well as members of the public, to Legionellosis – a collective term for diseases caused by the bacteria including Legionnaires’ disease, which can be fatal. People who have underlying or current medical issues are especially susceptible to infection, which was a particular concern as Isher Hangers’ premises are in the vicinity of two major hospitals.

Kulwant Singh Chatha and Satpaul Kaur Chatha pleaded guilty to breaching section 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and were each sentenced to serve 12 weeks in prison, suspended for 12 months, and ordered to pay costs of £12,115 each, including a victim surcharge of £115.

Speaking after the case, HSE inspector Karen Sweeney said, ‘Isher Hangers were operating a cooling tower without biocide, ignoring the advice of their own consultants. Cooling towers have the potential to spread bacteria that can cause serious illness or death, if not maintained in accordance with the published guidelines.

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 forging firm has been fined after a worker had to have fingers and a thumb amputated following an incident while he was operating a press at its Stourbridge site.

Wolverhampton Magistrates’ Court heard that on 25 June 2018 a forger at Brooks Forgings Limited had his left hand crushed between dies and moving parts on a press. Following hospital treatment his thumb, index finger and part of his middle finger had to be amputated.

An investigation by the Health and Safety Executive (HSE) found the company had failed to ensure that effective measures were taken to prevent access to the dangerous parts, namely gripping dies and heading tool of the Samuel Platt Upset Forging Press.

Brooks Forgings Limited of Doulton Road, Cradley Heath, West Midlands pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. The company has been fined £1,500 and ordered to pay costs of £2,511.11.

Speaking after the hearing HSE inspector Karen Sweeney said. “The installation of simple guarding mechanisms and a system of ensuring a safe system of work was in place would have prevented the forger from losing significant parts of his hand.

“Employers should make sure they properly assess and apply effective control measures to eliminate or minimise the risk from dangerous parts of machinery”.

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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Farming partnership B A L Ackroyd has been sentenced for safety breaches, following a fatal incident involving a member of the public.

Leeds Magistrates’ Court heard that, on 22 February 2017, the deceased was struck by a telescopic loader being driven by farmer Anthony Ackroyd. The incident occurred at Waller House Farm in Wighill, Tadcaster when Mr Ackroyd was driving the JCB telescopic loader carrying three bales of hay on the front, severely restricting forward visibility. He could not see the deceased and drove over him, killing him instantly.

An investigation by the Health and Safety Executive (HSE) found the deceased had been previously employed on the farm before his retirement, and lived in a cottage adjacent to the farm. He was a regular visitor to the farm, carrying out work such as gardening. In addition, Mr Ackroyd was carrying an employee of the farm who was standing on the mounting step of the vehicle in such a way that had he slipped off the step, he would have fallen directly under the wheels of the machine.

B A L Ackroyd of Waller House Farm, Wighill Park, Tadcaster, North Yorkshire pleaded guilty to breaching Section 2 (1) and Section 3 (1) of the Health & Safety at Work etc Act 1974. The company has been fined £18,000 and ordered to pay £10,690 costs.

Speaking after the hearing, HSE inspector Julian Franklin commented: “This was a tragic and wholly avoidable incident. Drivers should ensure that they can always see in front of them or take equally effective precautions.

“Vehicles at work continue to be a major cause of fatal and major injuries; every year there are over 5000 incidents involving transport in the workplace. About 50 of these result in people being killed”

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. HSE news releases are available at http://press.hse.gov.uk^[3]
4. 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/pubns/indg125.htm

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A Leicestershire based aluminium extrusion company has been fined after an employee suffered serious hand and leg injuries.

Leicester Magistrates’ Court heard how an employee of Boal UK Limited and 4 others were carrying out maintenance work to an aluminium extrusion machine. They were placing a new stem in place using a chain mesh sling. The injured person was operating the overhead travelling crane with a remote pendant. As the stem was being manoeuvred into position, it fell, striking him on his hand and leg. His injuries required surgical amputation to the tops of 3 fingers. He also suffered a fractured tibia.

An investigation by the Health and Safety Executive (HSE) found that an unsafe system of work had been used. No risk assessment had been carried out of the work required to remove and refit the stem. It was also found that employees undertaking the work were inadequately trained.

Boal UK Limited of Ashby Road East, Shepshed, Leicestershire pleaded guilty to breaching Sections 2(1) of the Health and Safety at Work etc Act 1974 and have been fined £133,000 and ordered to pay costs of £6,346.30.

Speaking after the hearing, HSE inspector Michelle Morrison commented: “Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of working.”

“Companies should be aware that HSE will not hesitate to take appropriate 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

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