Red Funnel Ferries has been fined after a worker fell from the unprotected edge of its Red Falcon ship’s mezzanine car deck.

Southampton Crown Court heard how, on 24 September 2015, a worker was uncoiling a reel of electrical cable on a mezzanine deck at Southampton docks, when he inadvertently stepped off a raised edge and fell 2.5m to the lower deck, sustaining multiple fractures to his foot and wrist.

An investigation by the Health and Safety Executive (HSE) found that Red Funnel should have taken steps such as lowering the mezzanine deck or raising the edge protection barriers on the deck in order to eliminate the risk of falling from height.

The Southampton, Isle of Wight and South of England Royal Mail Steam Packet Company Ltd (trading as Red Funnel Ferries), of 12 Bugle Street, Southampton, Hampshire, SO14 2JY pleaded guilty for failing to discharge the duty imposed upon them by Section 3(1) of Health and Safety at Work etc. Act 1974 and has been fined £30,000 and ordered to pay costs of £ 10,800.

Speaking after the case, HSE inspector Andrew Johnson said: “Companies have a duty to ensure the risks from working at height are properly controlled. Simple steps to eliminate the risk of falling or prevent it (through barriers etc.) were not taken and a serious injury occurred.”

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 roofing contractor has been sentenced for failing to take adequate precautions to prevent his workers falling from height and for breaching a prohibition notice.

Llandudno Magistrates’ Court heard how in April 2018 workers were observed working on the roof of a domestic two-storey house in Wrexham with no edge protection. A prohibition notice was issued preventing further work until control measures were put in place, but the contractor chose to ignore it and carried on working.

An investigation by the Health and Safety Executive (HSE), found that Asa Hamilton allowed his workers to be exposed to a continuing risk of falling from the roof, with potential for fatal or major injury.

Asa Hamilton of Linthorpe Road, Buckley, Flintshire pleaded guilty to breaching Regulation 6 (3) of the Work at Height Regulations 2005 for failing to provide precautions to prevent falls from height and Sections 33 (1) (e) and 33 (1) g of the Health and Safety at Work etc Act 1974 for failing to comply with a prohibition notice.

Mr Hamilton was sentenced to 12 months imprisonment, suspended for 12 months, plus 200 hours unpaid work. He was also ordered to pay a contribution of £4,000 towards the costs.

Speaking after the case HSE principal inspector Paul Harvey said “This was a serious incident and it is fortunate nobody was injured as a result of it. There are well known standards in the construction industry for controlling risks from falls from height. Even when the dutyholder was served a prohibition notice to stop the activity they failed to take the appropriate action.

“HSE will not hesitate to take enforcement action against those that disregard enforcement notices when served or fail to take appropriate measures to control well known risks”

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 stone masonry company has been sentenced after failing to adequately control employees’ exposure to respirable silica dust, resulting in an employee developing silicosis.

Burnley Magistrates’ Court heard how prior to 2017, employees of GO Stonemasonry Limited in Accrington carried out work that resulted in exposure to respirable silica dust.

An investigation by the HSE found that GO Stonemasonry Limited had been cutting and working with stone for several years without any suitable and sufficient dust extraction. The company failed to ensure that respiratory protective equipment (RPE) was adequately controlling the inhalation exposure to respiratory silica dust. The company did not have appropriate work processes, systems or control measures in place and had no health surveillance to identify any early signs of effects on workers’ health.

GO Stonemasonry Limited, of Turkey Red Industrial Estate, Baxenden, Accrington, pleaded Guilty of breaching section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £8000 and ordered to pay costs of £10,000.

HSE inspector Sharon Butler said after the hearing “Silica is found in most rocks, sand and clay and in products such as bricks and concrete. In the workplace these materials create dust when they are cut, sanded or carved. Some of this dust may be fine enough to breathe deeply into your lungs and is known as respirable crystalline silica. Exposure to this dust can cause silicosis, leading to impaired lung function, breathing problems and is life threatening.

“Simple steps to stop workers breathing in the dust must be taken and companies should know HSE will not hesitate to take action against those failing to protect their workers’ health.”

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. More information on working safely in the stone industry can be found at: http://www.hse.gov.uk/stonemasonry/index.htm

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An electrical company has been fined after a woman was fatally crushed by a roller shutter door.

Peterborough Magistrates’ Court heard how on 14 August 2016 Heidi Chalkley pressed the button to open the roller-shutter door at Ruth Bagnall Court, Cambridge. She then held onto the grille as it raised and became trapped as it wound around the roller, fatally crushing her body.

An investigation by the Health and Safety Executive (HSE) found that the sensors at the top of the door were incorrectly wired and no longer functioned as the door opened.

B.S. Graves (Electrical) Limited had carried out work on the roller shutter door since 2012, including an inspection only a month before the incident. The company did not check the operation of the safety sensors and failed to identify the fault.

B.S. Graves (Electrical) Limited of Rushmere Close, Ramsey, Cambridgeshire pleaded guilty to breaching Section 3(1) of Health & Safety at Work etc Act 1974 and was fined £25,000 and ordered to pay costs of £6,500.

Speaking after the hearing, HSE inspector Graeme Warden commented: “This tragic and distressing incident has had an untold impact on all those who knew Heidi. It could have been avoided if the company had ensured employees were suitably trained to inspect the doors and the functioning of the safety sensors.”

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 Dessert company has been fined after employee was struck by machinery while relocating it on site.

Northampton Magistrates Court heard how on  11 April 2018, an employee of Mademoiselle Desserts Corby Limited received injuries whilst moving a large mixer across the yard in Corby. The mixer was on a pallet truck but was not secured to it. Another worker was pulling the pallet truck whilst the injured person was walking alongside and supporting the load. As they approached a container in the yard they turned the pallet truck when both the pallet and mixer tipped onto him resulting in five broken bones in his foot.

An investigation by the Health and Safety Executive (HSE) found that there was no risk assessment for this operation. The mixer was on an unsecured damaged plastic pallet, which was resting on the forks of the pallet truck. The forks were not inserted into the pockets of the pallet.

Mademoiselle Desserts Corby Limited of Earlstrees Industrial Estate, Corby has pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974. He has been fined £36,000 and ordered to pay costs of £1371.80 and ordered to pay a victim surcharge of £170.

After the hearing HSE inspector Michelle Morrison said “This incident could so easily have been avoided had the operation been properly risk assessed and simple control measures and safe working practices put in place.

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