Welcome to HSE prosecutions in brief. An overview of this weeks prosecutions by the HSE.
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Housebuilder fined after child seriously injured
A housebuilder has been fined £20,000 after a young boy was seriously injured when some timber roof trusses fell onto him.
The 8 year old boy was playing with friends on 28 April 2009 when they got into an unsecured storage area on a construction site at Meadowbrook, Linwood, near Paisley. The development was nearing completion and the housebuilder, BDW Trading Ltd, had sold some of the finished houses and there were people living in them while work continued on the remaining homes. The young boy and his family had moved into one of these new houses.
As the children were playing in the storage area, some timber roof trusses fell onto the boy, trapping him underneath.
He was rescued by two neighbours who managed to lever the roof trusses up off him, allowing him to escape. One of the neighbours drove the boy home, and his father immediately took him to the Royal Alexandria Hospital in Paisley. However, his injuries were so serious that he was transferred to Yorkhill Children’s Hospital in Glasgow.
The boy sustained a serous injury to his liver and had abdominal bleeding, and was kept in hospital for eight days. In the months following the incident, he developed a number of anxiety-related symptoms such as nightmares and poor concentration.
An investigation by the HSE found that the construction site was only partially fenced, and as a result there was a large gap at the side and rear which meant that the site could be easily accessed by members of the public, including children.
The investigation also revealed that the roof trusses had, at some point, been stacked upright which made them unstable and more likely to fall over.
Paisley Sheriff’s Court heard that when an HSE Inspector visited the site, BDW Trading Ltd were not aware that there had been an incident and that a young child had been injured. The Inspector served an Improvement Notice to the company requiring them to improve site fencing to prevent any further unauthorised access.
AAt Paisley Sheriff Court on 29 November 2011 BDW Trading Ltd, of Barratt House, Cartwright Way, Forest Business Park, Bardon Hill, Coalville, Leicestershire was fined £20,000 after it pleaded guilty to breaching Section 3 of the Health and Safety at Work etc Act 1974.
Read full story here
Waste firm in court over Blackburn worker’s fall
A waste collection firm has appeared in court after poor safety measures led to a worker falling from the top of a truck in Blackburn.
Neales Waste Management Ltd was prosecuted by the HSE after a 44-year-old employee fell four metres to the ground while trying to remove waste that had become stuck on the roof of a collection vehicle.
Blackburn Magistrates’ Court heard the worker from Blackburn had been helping to empty a skip at Walker Industrial Park in Guide, Blackburn, on 7 September 2010 when the incident happened.
The employee climbed up some metal bars on the truck to reach the stuck waste and fell when the access fixings gave way. He suffered a broken right elbow and damage to his left foot.
The HSE investigation found the company, which handles more than 270 tonnes of waste every year, had allowed workers to use the metal bars to reach the top of the vehicle, despite them not being designed for this purpose.
The court was told waste often became stuck on the roofs of vehicles while the contents of overfilled skips were being emptied. But the firm did not have an acceptable health and safety procedure in place for removing the stuck waste.
Neales Waste Management Ltd admitted breaching Section 2(1) of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of employees. The company, of Walker Road in Guide, Blackburn, was fined £15,000 and ordered to pay £11,661 in prosecution costs on 29 November 2011.
Read full story here
Firms in court over Liverpool highways worker’s fatal fall
Two construction companies have been fined a total of £60,000 following the death of a worker who fell from a cherry picker on a dual carriageway in Liverpool.
The HSE prosecuted Amey Infrastructure Services Ltd and Mouchel Parkman Services Ltd following the incident on the A5036 Princess Way in Seaforth on 20 August 2006.
Liverpool Crown Court heard that Peter Cole, from Lymm in Cheshire, had been replacing the lights on the central reservation when the cherry picker’s lifting arm collapsed.
The 61-year-old, who was married with 3 children and 3 grandchildren, fell nearly eight metres and landed on the back of the vehicle. He died from his injuries in hospital later that day.
The court was told Mr Cole was employed by Amey Infrastructure Services Ltd, part of the Amey Mouchel joint venture with Mouchel Parkman Services Ltd.
The HSE investigation found neither company had adequate systems for checking and maintaining the cherry picker, both when it was first delivered or throughout the hire period.
The cherry picker needed to be repaired on several occasions while it was on hire to the companies, and had been subjected to heavy use in all weather conditions for almost a decade.
Amey Infrastructure pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of its employees. The company, of Edmund Halley Road, Oxford, was fined £30,000 and ordered to pay £32,500 in prosecution costs on 1 December.
Mouchel Parkman, also of Edmund Halley Road, Oxford, pleaded guilty to breaching Section 3(1) of the same act for failing to ensure Mr Cole’s safety. The company was fined £30,000 with costs of £32,500.
Read full story here.
Worker’s arm dragged into industrial conveyor belt
A Cheshire factory worker could have lost his arm when it was dragged into an industrial conveyor belt, a court has heard.
The 56-year-old from Northwich suffered a broken elbow, crush injuries to his left hand and bruising down the left-hand side of his body in the incident at Amcol Minerals Europe Ltd’s plant on Weaver Valley Road in Winsford.
The chemical firm was prosecuted by the HSE after an investigation found the conveyor belt had not been fitted with a suitable guard.
Chester Magistrates’ Court heard that the worker, who has asked not to be named, had been helping to clean the conveyer system on 2 March 2010. He had climbed up a ladder to a gantry, to reach the conveyor belt and check that the residue from a brown powder had been removed.
The worker’s left arm caught the underneath of the moving belt and his arm was dragged into the rotating mechanism. He was off work for several weeks due to the extent of his injuries but has now been able to return to work.
Amcol Minerals Europe Ltd, which is part of the global Amcol International group, pleaded guilty to a breach of the Provision and Use of Work Equipment Regulations 1998 by failing to prevent access to a dangerous part of machinery while it was still operating.
The firm, which produces chemicals used in detergents and oil drilling, was fined £10,000 and ordered to pay £6,702.50 in prosecution costs on 1 December.
Read full story here.
