Welcome to HSE prosecutions in brief. A selection of this weeks prosecutions by the HSE.
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Illegal North Somerset gasman lied about credentials
A Clevedon man has been prosecuted for illegally installing a gas boiler and flue at a property at Severn Beach, Bristol, while not registered with CORGI, the then industry body.
CORGI was superseded by the Gas Safe Register in April 2009.
North Avon Magistrates’ Court was told that Jeffrey Maslen, 47, from Clevedon, Somerset, installed the gas boiler with a totally inadequate flue. The flue in the attic space was later found to have come apart – potentially exposing the occupants of the house to deadly carbon monoxide.
During the Health and Safety Executive (HSE) prosecution, magistrates heard Mr Maslen was not suitably qualified to undertake the work carried out at the property between 1 and 18 March 2009 and also did not hold the correct competencies to carry out the work.
In addition to not being registered with the industry body, he deliberately falsified paperwork to say he was a registered engineer.
Speaking after the hearing, health and safety inspector Caroline Bird said:
“Any business or sole trader who carries out any work on gas appliances without being on the Gas Safe Register is breaking the law. It is imperative that those who carry out work on gas fittings are properly registered with Gas Safe, and are competent to carry out the work.
“The consequences of incorrectly fitted gas appliances and inadequate flues can and does lead to loss of life. In this instance Mr Maslen pretended to be registered and aimed to deceive his customer, which highlights the need for householders to ensure they check the engineer’s ID card when they arrive at the door.”
Paul Johnston, chief executive of Gas Safe Register, said:
“Only a suitably qualified Gas Safe registered engineer should work on your gas appliances. Every Gas Safe registered engineer has an ID card and consumers should ask to see the card. Check it to see that it is valid, up to date and that the engineer is qualified to do the particular job at hand. You can also check an engineer by calling us on 0800 408 5500.”
Jeffrey Frank Maslen of Macleod Close, Clevedon, North Somerset was charged with contravening Regulation 3 (3), 3 (7) and 27 (1) of the Gas Safety (Installation and Use) Regulations 1998. He pleaded guilty and was given a 12 month community order requiring 100 hours of community service, an eight week curfew from 8pm to 7.30am and was ordered to pay full costs of £1,412.50.
Equipment supplier fined after County Durham worker’s hand severed
A worker from County Durham had his hand severed while carrying out maintenance on glass cutting machinery a court heard.
The 34-year-old maintenance technician, who has asked not to be named, was investigating a fault on a new tilt table with a colleague at the UK’s largest glass manufacturer Solaglas.
Lisec (UK and Ireland) Ltd was prosecuted by the Health and Safety Executive (HSE) following the incident at Solaglas (Architectural) Ltd, in Bishop Auckland on 12 September 2007.
The table was part of a glass cutting line manufactured and installed by Lisec (UK and Ireland) Ltd at the Solaglas plant just four months earlier in May 2007.
A jury at Teesside Crown Court heard the injured maintenance technician from Esh Winning, Durham was on his hands and knees while trying to ascertain the cause of the fault and had activated the emergency stop.
Suspended above his right wrist was a large laminated glass sheet measuring six metres by three metres and weighing around almost a ton. The worker had his right arm extended with a mirror in his hand so he could check the status of a sensor relating to the release of the glass onto the table.
But when a colleague moved past another sensor on the tilt table the glass sheet was released, falling onto the maintenance technician’s wrist and severing his hand.
Surgeons reattached his hand with partial success and he was off work for several months while recovering from his injuries.
An HSE investigation found that there were faults within the programme controlling the movement of the glass as it allowed the glass sheet to be released, even when an emergency stop had been activated and that this fault was exacerbated by the installation of the new tilt table and the failure to integrate it properly with the existing equipment.
Although the incident happened to a Solaglas employee at their premises, it occurred due to a fault on a new glass cutting line which had been installed by Lisec (UK and Ireland) Ltd. Lisec was prosecuted as they had not complied with the legal duties imposed on installers of machinery.
Lisec (UK and Ireland) Ltd, of Springfield Industrial Estate, Telford, Shropshire, was today (29 May) found guilty following a month-long trial to breaching Section 6(3) of the Health and Safety at Work etc Act 1974 and was fined £100,000 and ordered to pay costs of £150,000.
Comments from the HSE through the link.
Feed firm is fined for driver’s injuries in lorry fall
A Devon firm has been prosecuted after a driver suffered severe injuries when he fell from the top of a lorry onto a concrete floor while removing the cover from his load at a Wiltshire feed mill.
Lee Waters fell from the tipper truck because Mole Valley Feed Solutions had failed to put basic safety measures in place to ensure the large cover could be taken off safely.
Chippenham Magistrates Court heard today (29 May) that Mr Waters, of Devizes, who was 34 at the time of the incident, delivered grain on a tipper truck to customers.
He was removing the cover from his vehicle’s load at the Mole Valley’s feed mill at the Porte Marsh industrial estate in Calne on 8 July 2011 when he fell from the steps of his lorry.
He suffered a fractured pelvis and wrist and was hospitalised for seven days. He was unable to leave his house unassisted and was off work for 11 weeks while he recovered. Since the incident he has been told he will regain only 80% of the use of his wrist and has been diagnosed with arthritis.
The incident was investigated by the Health and Safety Executive (HSE), who brought the prosecution.
Mole Valley Feed Solutions Ltd, of Station Road, South Molton, Devon pleaded guilty to breaching Regulation 6(2) of the Work at Height Regulations 2005 and was fined £6,000 and ordered to pay £4,087 in costs.
Comments from the HSE through the link.
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TV ‘Rogue Trader’ in court again for botched gas work
A convicted plumber who left a series of householders at risk from his illegal gas work was sentenced at Leeds Crown Court today for putting more lives in danger.
Brian Lloyd from Ossett, near Wakefield, was exposed for carrying out illegal gas work by the TV programme ‘Rogue Traders’ back in 2009.
At the time the 59 year-old self-employed plumber was under investigation by the Health and Safety Executive (HSE), who subsequently prosecuted him in February 2010. He was fined and handed a 17-week prison sentence suspended for 12 months.
However, just six months later in August 2010, Mr Lloyd removed an old boiler and gas fire from a house in Towngate, Ossett, and installed a combination boiler. Not only was this an offence under his suspended sentence but it also contravened a Prohibition Notice issued by HSE that prevented him undertaking any gas work until he became a registered Gas Safe engineer.
The Court heard that the offence came to light after the boiler Mr LLoyd installed didn’t work. The householder had asked for a Gas Safe certificate and boiler warranty but neither had been provided. After several weeks, the householder contacted the boiler manufacturer and found the appliance had not been registered. They then contacted Gas Safe who arranged for an inspection.
A Gas Safe engineer immediately classified the boiler as ‘at risk’ and gave the householder a list of faults that needed to be rectified before it was safe to use.
HSE Inspector Andy Denison investigated both Mr Lloyd’s previous and current offences. After today’s sentencing of Mr Lloyd he said:
“This is one of the worst cases I have come across involving a repeat offender and unsafe gas work.
“His previous conviction for a number of offences and his naming and shaming on a TV programme, have done nothing to deter him from trying to turn a profit at the expense of people’s safety.
“I cannot emphasise enough that all gas work should only be carried out by Gas Safe registered engineers, who have the training, qualifications and competence needed. HSE will take robust action against those who flout the regulations and those who are in breach of enforcement notices.”
Paul Johnston, chief executive of Gas Safe Register, said:
“Consumers should always check that an engineer is qualified to carry out gas work. Ask to see an up to date ID card and call us to check if you have any doubt. It is also important to check the back of the card to ensure that they are qualified to work on that type of appliance. If you have any doubts about the gas safety of any work you have done then contact Gas Safe Register to request a free inspection.”
Brian Lloyd, of Dewsbury Road, Ossett, had pleaded guilty at an earlier hearing before Wakefield Magistrates to two offences against the Gas Safety Regulations and one charge of breaching a Prohibition Notice for his work at the Towngate property. He was given 250 hours community service and ordered to pay £500 toward costs.
Suffolk roofer caught on camera risking lives
The director of a Suffolk roofing firm has been sentenced for safety failings after he was caught on camera using a power tool while balancing on the ridge of a house roof.
Anthony Nightingale of Copdock, Ipswich, was filmed using a petrol-powered disc cutter to cut through a tile while he and an employee worked on the roof without any measures in place to stop them being injured in a fall.
Mr Nightingale was prosecuted in his quality as director of 3A Roofing Ltd by the Health and Safety Executive (HSE) after a member of the public spotted the unsafe work at Dennington, Suffolk last July and, concerned, reported it to the HSE.
Ipswich Magistrates’ Court was told yesterday (29 May) that Mr Nightingale, 34, failed to use a suitable roof ladder to reach the ridge and instead he and his employee were seen clambering up and down the tiles. They were seen walking along the ridge where there were no measures in place to prevent them from falling off the roof.
Anthony Nightingale pleaded guilty to a breach of the Work at Height Regulations 2005 and was fined £1,300. He was also ordered to pay £3,000 in prosecution costs and a £15 victim surcharge, the proceeds of which will be spent on services for victims and witnesses.
Photo and comments from the HSE through the link.
Wirral roofer prosecuted after lives put at risk
A Wirral roofer has been prosecuted after he allowed a labourer to use a lit gas burner on a house roof without any measures in place to stop him being injured in a fall.
Daniel Loftus was photographed on the roof of a terraced house on Mainwaring Road, Wallasey, approximately five metres above the ground, while another worker held the burner to seal the roof.
The Health and Safety Executive (HSE) prosecuted Mr Loftus after a passing inspector spotted the unsafe work on 16 November 2011, and immediately ordered the two men to come down.
Wirral Magistrates’ Court in Birkenhead heard that there was no scaffolding or guarding around the edge of the roof to prevent either worker being injured in a fall. Instead they had used a ladder, resting against the guttering, to reach the roof and then walked along it.
Mr Loftus, 32, also failed to cordon off the busy footpath immediately below where they were working, putting members of the public at risk of being injured by falling debris or tools.
The court was told Mr Loftus had ignored the job sheet he had been given by his employer, Roofcare Ltd, which told him scaffolding had to be used for the work. The scaffolding was in the back of his van, but he failed to unload and erect it.
Daniel Loftus pleaded guilty to breaching Section 7(a) of the Health and Safety at Work etc Act 1974 by failing to take reasonable care of the health and safety of other people while at work.
Mr Loftus, of St David’s Road in Prenton, was fined £2,000 and ordered to pay £600 in prosecution costs on 31 May 2012.
Photo and comments from the HSE through the link.
Multinational recycling firm prosecuted over worker’s death
Recycling company SITA UK Ltd has been fined £200,000 after a 21-year-old employee died from head injuries at its paper baling site in Tipton.
The Health and Safety Executive (HSE) prosecuted the firm after Mark Bate, of Tipton, West Midlands, was killed instantly when the arm of a JCB skid steer loader crushed his head on 12 June 2008.
Wolverhampton Crown Court heard that Mr Bate had been driving the vehicle at SITA’s premises on the Coneygre Industrial Estate for three months without being properly trained.
On the day of the incident, he had been working on his own to load scrap paper onto a conveyor.
After finishing the job, he stopped the loader and raised the safety bar from across his lap to isolate the machine, before leaning out of the front of the vehicle. However, the machine failed to isolate, the loader’s arm dropped and crushed his head against the machine, killing him immediately.
HSE’s investigation found that Mr Bate had not been formally trained, assessed or supervised in the use of the vehicle and a self-employed maintenance engineer had also used it over several months with no training.
In addition, the court heard the loader had not been maintained in the eight months before the incident. It should have been serviced at least twice during this time.
Speaking after the hearing, HSE inspector David Evans said:
“Mark Bate was a young man who should have had a long life ahead of him. Instead, he was killed in an entirely avoidable tragedy.
“Despite knowing his lack of experience, SITA left him unsupervised to operate the loader. Furthermore, the vehicle was dangerous because it had not been properly maintained.
“The company’s risk assessment should have identified these issues but did not cover the use of this machine.
“Transport at work is one of the biggest causes of deaths in the workplace, often through insufficient training or poorly maintained vehicles. There is no excuse for such basic failings, especially as free advice is available from HSE.”
In a statement released via the HSE, Mark’s mother, Catherine Jones, and his sisters Ann-Marie and Gemma Bate said:
“Nothing and no-one can bring Mark back but, four years on, we feel we are finally getting justice for what happened to him that day.”
SITA UK Ltd, of Grenfell Road, Maidenhead, Berkshire, pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £200,000 and ordered to pay £77,402 costs. It was also ordered to reimburse Mark’s mother £4,450 in funeral expenses.
Forklift driver’s lucky escape at Hemel warehouse
A forklift truck driver could have been seriously injured or even killed when the vehicle he was operating overturned at a warehouse in Hemel Hempstead, a court has been told.
The worker was using the truck to align a one and a half tonne storage container on top of a stack of containers when it overturned at the Cadogan Tate site on Eastman Way on 13 April 2011.
His employer, Cadogan Tate Head Office and Treasury Service Ltd, was prosecuted by the Health and Safety Executive (HSE) after its investigation found the container was more than two and a half times the safe lifting capacity of the forklift.
Watford Magistrates’ Court heard today (6 June 2012) that one of Cadogan Tate’s employees had used the forklift truck to lift the storage container, which was filled with books and magazines, on top of a stack of three other containers the day before the incident.
As he lifted it, the rear wheel on the left hand side of the truck lifted off the ground and the container was left overhanging the top of the stack, more than seven metres in the air.
The following day, another worker was asked to return the forklift truck to a stable position and to align the overhanging container. As he tried to move the container, the forklift overturned. He escaped without any injuries.
Cadogan Tate Head Office and Treasury Service Ltd admitted breaching the Provision and Use of Work Equipment Regulations 1998 by failing to provide suitable work equipment.
The company, which is part of the global removals, storage and shipping group, Cadogan Tate, also pleaded guilty to a breach of the Lifting Operations and Lifting Equipment Regulations 1998 after it failed to make sure the work was planned and carried out safety.
The firm, of Acton Lane in London, was fined £15,000 and ordered to pay £3,860 in prosecution costs.
Comments from the HSE through the link.
Cowes boatyard admits blame for worker’s fall
An internationally-known Isle of Wight boat builder has been prosecuted for neglecting safety precautions after a worker fell from wooden staging set up around a boat while it was being refurbished.
The employee, who had worked at the yard for 16 years, was attempting to pick up a linisher – a specialist sanding/polishing machine – while working on a vessel when he fell 1.4m from the staging, breaking his arm.
The Health and Safety Executive (HSE) investigated the incident at the Cowes site of yacht and boat builders Clare Lallow Ltd and brought a prosecution for safety failings under the Health and Safety at Work Act.
Isle of Wight Magistrates were told the employee, who has asked not to be named, was off work for five months following his fall on 4 August 2011. The staging had no measures in place at all to prevent falls.
During a visit to the boatyard after the incident, HSE found the company had added rope guard rails but they were not robust enough to prevent further falls from the high staging, where work was still taking place. A Prohibition Notice was served preventing any further work at height and Clare Lallow Ltd complied by constructing a scaffolding and guard rail system.
Clare Lallow Ltd, established in 1867 and registered at Pyle Street, Newport, is noted for building Morning Cloud, and subsequent yachts, for the-then Prime Minister Edward Heath.
It admitted a breach of Section 2(1) of the Act and was fined £1,000 with £1,000 in costs.
Comments from the HSE though the link.
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