Welcome to HSE prosecutions in brief. An overview of this weeks prosecutions by the HSE.
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Leicester man given suspended sentence after death of worker
A Leicester man has been given a suspended prison sentence after a worker was killed when he fell through a roof at a disused factory unit in Leicester.
Robert Jozwiak, 44, of Humberstone, was repairing the roof on the former textile dye house at Evington Valley Road, Leicester on 3 June 2009 when it gave way and he landed on the concrete floor six metres below. His skull and back were fractured and he died from his injuries later that evening.
He had been instructed to carry out the work by Musa Suleman who was helping to bring the building back into use.
Mr Suleman, 56, of Freeman Road North, Leicester, was prosecuted by the Health and Safety Executive (HSE) for failing to ensure the work he arranged to be carried out was properly planned, supervised or carried out in a safe manner.
He pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005 and was today given a 12 month prison sentence suspended for two years at Leicester Crown Court. He was also ordered to pay compensation of £13,800 to Mr Jozwiak’s family and full costs of £17,337.
Read full story here.
Firm fined after workers put at risk
A construction firm and its company secretary have been fined after construction workers were put a risk during the refurbishment of its offices in Hatfield, Hertfordshire.
Inspectors from the Health and Safety Executive visited the premises of Haz International in Great North Road, Hatfield in September 2009 and again in July 2010 after receiving complaints about unsafe working at height.
During the 2009 visit, inspectors served a Prohibition Notice on the company preventing further work until improvements to the scaffolding had been made. A further two prohibition notices were served in July 2010, as poor working practices regarding work at height had continued.
Watford Magistrates’ Court was told today that the firm and its company secretary failed to heed warnings from HSE and put in place adequate measures to manage the health and safety of construction workers and specifically of those working at height.
Haz International Ltd admitted three breaches of health and safety legislation: Section 2 (1) of the Health and Safety at Work etc Act 1974; Regulation 13 (2) of the Construction (Design and Management) Regulations 2007; and Regulation 4 (1) of the Work at Height Regulations 2005. It was fined at total of £54,000 (£18, 000 for each breach) and ordered to pay £13,280 costs.
Company secretary Mark Adams of Prospect Crescent, Twickenham, admitted two breaches: Regulation 13 (2) of the Construction (Design and Management) Regulations 2007 and Regulation 4 (1) of the Work at Height Regulations 2005. He was fined £1,800 per breach and did not have to make a contribution to costs.
Comments from the HSE through the link.
Unregistered gas installer had two previous convictions
A Cheltenham gas engineer has been sentenced after installing a gas cooker without being registered to do so – his third gas safety conviction in four years.
Cheltenham Magistrates Court heard that on 2 February 2011, Royston Godsell, 72, assembled and installed a gas cooker at a pensioner’s house in Folly Lane, Cheltenham, despite not being registered with Gas Safe Register, the official gas registration body.
The court heard Mr Godsell had been prosecuted twice before for carrying out gas work while not being registered – in 2008 and 2010 – and at the time of the latest offence was subject to a Health and Safety Executive (HSE) prohibition notice, preventing him from carrying out gas work he was not competent to do.
The customer at Folly Lane contacted trading standards after her son-in-law recognised Mr Godsell’s name from his previous convictions. HSE then investigated and discovered that he still had not become Gas Safe registered.
Royston Edward Godsell, of Springbank Road, Cheltenham admitted breaching Regulation 3 (3) of Gas Safety (Installation and Use) Regulations 1998 and was ordered to carry out 80 hours of community service and pay a contribution of £500 towards costs. The court also served a prohibition notice preventing him from carrying out any work on gas installations or pipework for 12 months.
Comments from the HSE through the link.
Worker suffers severed finger at plastics firm
A plastics firm which manufactures cases for computer games has been fined after an employee severed his finger in machinery at a factory in Corby.
The worker, who has asked not to be named, was trying to fix a problem on a colour dosing unit attached to an injection moulding machine at DuBois Ltd’s premises in Arkwright Road when the middle finger on his left hand became trapped in the rotating dial used to add colour to the plastic.
Doctors were unable to save his finger and it had to be amputated just above the knuckle. He was off work for several weeks and required physiotherapy for almost 10 months.
A Health and Safety Executive (HSE) investigation into the incident, which happened on 22 May 2010, found the machine’s guard had been removed.
DuBois Ltd, trading as AGI Amaray, of Slough Interchange, Whittenham Close, Slough, Berkshire pleaded guilty to breaching Regulation 11 (1) of the Provision and Use of Work Equipment Regulations 1998. Today, Corby magistrates fined the firm £7,000 and ordered it to pay costs of £4,677.
Comments from the HSE through the link.
Norfolk companies prosecuted after worker crushes hand
Two Norfolk companies have been fined after a cleaner’s hand was crushed in machinery.
Richard Beane, 34, from Watton in Norfolk was working as a cleaner for SGA House Services Limited which was contracted by Watton Produce Company Limited to work at their Attleborough vegetable packing plant.
Today, Norwich Magistrates’ Court heard that on the 8 October 2010, Mr Beane was cleaning the underside of a conveyor belt on a carrot processing line when his left hand became trapped between two conveyor belts and was crushed.
Mr Beane’s hand was severely damaged, and required extensive surgery and skin grafts. He was off work for nine months and has been left with only 45% use of his damaged hand.
A Health and Safety Executive (HSE) investigation found that Watton Produce Company Limited failed to protect the safety of their employees and contracted staff by not preventing access to dangerous parts of machinery. SGA House Services did not provide sufficient and suitable information, instruction, training and supervision to their employees, particularly in relation to the correct cleaning method of the moving belts on the underside of the conveyor.
Watton Produce Company Limited of Hargham Road, Shropham, Attleborough pleaded guilty to Regulation 11 of the provision and use of Work Equipment Regulations 1988 and were fined £6,000 with costs of £7,402.
SGA House services Limited of Unit 1, Empire building, Trafalgar industrial Estate, Sovereign Way, Downham Market pleaded guilty to Section 2 (1) of the Health and Safety at work etc. Act 1974 and were fined £2,000 with costs of £2,467.
Comments from the HSE through the link.
Flooring firm fined after worker injury
A hardwood floor company has been fined after a worker’s arm was punctured by a large piece of wood.
Paul Murdoch, 40, of New Ollerton, Nottinghamshire, was cutting walnut boards on a circular ripsaw at Weldon Contracts Ltd’s workshop in Caunton Road, Norwell, on 11 September 2009 when a 90 centimetre section broke off and punctured his arm.
A Health and Safety Executive (HSE) investigation found the machine had no guards at the time of the incident, nor did it have a riving knife – a safety device at the back of the saw which pushes the two pieces of wood apart and prevents such incidents, known as kickbacks.
Nottingham magistrates were today told the machine had been used a day before the incident for a different process known as deep cutting which had seen the guard and riving knife removed. Neither had been replaced.
Weldon Contracts Ltd, of The Grange, Norton Disney, Lincolnshire, pleaded guilty to breaching Regulation 4(3) of the Provision and Use of Work Equipment Regulations 1998 and was fined £6,000 with £4,773 costs.
Comments from the HSE through the link.
Worker burned by molten metal at Worcester factory
A Staffordshire-based aluminium casting company has been prosecuted after a man was burned by molten metal at its Worcester factory.
Asim Qureshi, 41, from Worcester, was operating a die cast machine at JVM Castings Ltd’s premises in Droitwich Road, when molten metal sprayed from the back of the machine on 27 July 2010.
Worcester Magistrates’ Court heard the 650 degrees celsius molten material burned through Mr Qureshi’s clothing after landing on him.
He suffered serious burns to his right arm, shoulder, leg and face and was unable to work for two months. He has been left with scarring on his hand and leg. He is still receiving treatment for his burned skin.
A Health and Safety Executive (HSE) investigation found the rear of the machine was unguarded and, while personal protective equipment is not a substitute for effective guarding, the operators’ overalls and eye protection were unsuitable for the amount of molten metal spray.
The court heard there had been three similar previous incidents of molten aluminium blow backs at the factory, one of which caused serious injuries to another employee seven months before the incident involving Mr Qureshi.
JVM Castings (Worcester) Ltd, of Borman, Apollo, Tamworth, pleaded guilty today to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £6,000 and ordered to pay £4,000 costs.
Comments from the HSE through the link.
Worker’s fingers severed in bubble wrap machine
An international manufacturer has been prosecuted after a worker lost three fingers in a bubble wrap making machine at a Buckinghamshire factory.
The Health and Safety Executive (HSE) prosecuted Sansetsu (U.K) Limited for beaching health and safety regulations on 18 May 2011.
Milton Keynes Magistrates’ Court heard that Daniel Winters, 29, from Leighton Buzzard, was cleaning debris from the machine at the factory in Tilbrook in Milton Keynes, when his right hand became caught on an in-running nip and was trapped between two powered rollers. The machine was running and the plastic material inside was at more than 200 degrees centigrade in temperature. As a result, Mr Winters suffered severe injuries – including losing the majority of three fingers, on his right hand. He has returned to work but in a different capacity due to his injury.
The HSE investigation found there was no guarding in place to prevent access to the dangerous parts of the machine and the company was issued with an Improvement Notice. This has now been complied with.
Sansetsu (U.K) Limited, of Bradbourne Drive, Tilbrook in Milton Keynes, pleaded guilty to breaching Regulation 11(1) of Provision and Use of Work Equipment Regulations 1998. The company was fined £7,000 and ordered to pay costs of £2,742.
Comments from the HSE through the link.
