Welcome to HSE prosecutions in brief. A selection of the latest prosecutions by the HSE. Where possible, links are provided to relevant British Standards, guidance and publications.
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Gloucestershire firm fined over teenager’s severed fingers
A Gloucestershire manufacturer has appeared in court after a teenage apprentice had parts of two fingers severed in unguarded machinery.
The 17-year-old, who has asked not to be named, was working at The Albany Engineering Company Ltd factory in Lydney on 3 May this year when the glove on his right hand became caught in a rotating cutter, slicing off the tops of his index and middle fingers to the first joint.
The company, which produces industrial pumps, was prosecuted by the Health and Safety Executive (HSE) following an investigation into the incident.
Cheltenham Magistrates’ Court was told today (19 November) that the apprentice and another worker had been holding a metal plate under a milling cutter to stop it vibrating while it was being cut. However, there were no guards in place to prevent them from being injured.
The court heard that HSE had previously issued the company with five enforcement notices following a visit to its Bradford site in September 2010 requiring improvements to machinery guarding including milling machines.
After receiving the notices, the company made changes at its Yorkshire factory but failed to take action to improve the safety of machines at its headquarters.
The Albany Engineering Company Ltd pleaded guilty to breaches of the Health and Safety at Work etc Act 1974 and the Provision and Use of Work Equipment Regulations 1998 by failing to ensure the safety of workers and failing to prevent access to dangerous machine parts.
The company, of Church Street in Lydney, was fined a total of £4,000 and ordered to pay £1,962 in costs.
Leicester firm prosecuted after worker’s five-metre fall
A Leicester door-fitting firm has been fined after an employee was injured when he fell from a wooden crate fixed to a fork lift truck.
The 39 year-old man from Enderby, Leicester, fractured his wrist, heel, ankle and elbow when he fell nearly five metres while fitting a roller shutter door at a farm in West Firsby, Lincoln.
He needed an operation on his heel and was unable to work for about three months after the incident on 2 September 2011. The Health and Safety Executive (HSE) investigated and prosecuted his employer, Multi Industrial Doors Ltd (MIDL), of Burbage, for failing to properly plan work at height.
Lincoln Magistrates’ Court heard today (20 November) that on arrival at the farm, the employee and his colleague tied a wooden potato crate to a forklift truck using a strap from their vehicle. The employee was then lifted five meters to install a motor on the potato store wall. As he turned to pick up tools, the crate tipped, he fell to the ground below and the crate fell on top of him.
Multi Industrial Doors Ltd, of Sapcote Road, Burbage, pleaded guilty to breaching Regulation 8(b) of the Work at Height Regulations 2005. The firm was fined at total of £1,000 and ordered to pay £1,870 costs.
Firms fined after crane crashed down on building site
Two companies have been fined after a serious failure in communications led to an 80 tonne mobile crane toppling over, narrowly missing workmen and a busy road.
The incident happened on a building site in Fernbrook Road, Gillingham, on 18 August 2009 during construction of a new nursing home.
South Coast Crane Hire Ltd and the principal contractors, JR Pickstock Ltd, appeared at Weymouth Magistrates court today (21 November) in a prosecution by the Health and Safety Executive (HSE).
The court heard the crane was supplied and operated by South Coast Crane Hire but confusion arose as to whether the job had been set up as a crane hire only or contract hire basis, where planning of the lifting operation is included.
This resulted in planning of the lift being neglected by both firms and led to vital roles for the job not being assigned. In addition, important information – including the weights being lifted and ground conditions – were not passed on to the workers involved.
HSE’s investigation found the lift itself was carried out unsafely as the crane was overloaded and being operated on poor ground. As a result the 80-tonne crane overturned and its extended 50 metre jib fell across the site, narrowly missing the workers and a nearby road.
HSE said a larger crane should have been used and ground mats were needed to spread the load of the crane’s outriggers due to the poor ground conditions.
The court was told the lift hire contract should have met industry guidance, which says a competent person should be appointed to plan the lift. This person should be provided by the crane hire company if it is a contract hire arrangement or by the hirer if it is a hire-only agreement. The crane hire company should have ensured this happened when they set-up the contract.
A lift plan should have been drawn-up by the competent person and communicated to those involved in the work. The principal contractor should also have taken all reasonable steps to ensure the construction phase plan identified risks to health and safety and included measures to address risks.
South Coast Crane Hire Ltd, of Tradecroft Industrial Estate, Portland pleaded guilty to breaching Regulation 8(1)c of the Lifting Operations and Lifting Equipment Regulations 1998 and was fined £10,000 and ordered to pay £14,917 in costs. JR Pickstock Ltd, of Maesbury Road, Oswestry, pleaded guilty to breaching Regulation 23(1)a of the Construction (Design and Management) Regulations 2007 and was fined £16,000 and also ordered to pay £14,917 in costs.
Company fined after air raid shelter explosion injures workers
Two men sustained serious burns after attempting to use an old air shelter as a makeshift furnace to burn garden waste, a court has heard.
The pair, who do not want to be named, were working for Surrey-based 1st Surface Ltd to extend and resurface a tennis court at a private address in Bromley when the incident occurred on 25 January last year.
Westminster Magistrates’ Court heard yesterday (21 November) that as part of the initial preparation work they needed to clear an area of overgrown garden where the new court would go.
They accumulated sufficient waste to fill approximately five skips. However, no such method of disposal was available to them and they had not been given any clear instruction on how to safely dispose of the waste.
They decided to use an air raid shelter in the garden as a furnace to burn some of it away. The shelter, part-buried and also overgrown, was in the area of ground to be cleared and was to be demolished anyway.
One of the workers entered the shelter via a chimney at the top, placed some kindling inside to get the fire started and poured on petrol to act as an accelerant. He then left the shelter and his colleague threw a lit taper into the shelter to get the fire going.
The petrol vapour that had accumulated within the shelter exploded. Both men, who were standing on top of the shelter, received burns to their faces and were forcibly thrown off their feet.
They were hospitalised for several days. One successfully returned to work after a few weeks, however the second is still unable to return to active employment.
The Health and Safety Executive (HSE) investigated the explosion and found 1st Surface Ltd had failed to properly assess and plan the waste disposal aspect of the work.
Had the company provided skips prior to the clearance starting, the two workers would have had no need to burn the waste. The system they chose was extremely high risk and they were unaware of the significant risk posed by petrol vapour, especially when allowed to expand in a confined space.
1st Surface Ltd, of Dashwood Close, West Byfleet, Surrey, was fined £9,000 and ordered to pay £2,571 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
London boss prosecuted after worker’s finger amputated
A company boss from north west London has appeared in court after a worker had to have a finger amputated when his hand was caught in machinery and severely crushed.
Ernest Henderson, 43, of Enfield, was working as a maintenance manager for Ian Goldstein, who runs a smoked salmon business at premises in Lowther Road, Stanmore, Harrow.
Westminster Magistrates’ Court heard today that Mr Henderson was attempting to repair a fish skinning machine that was making a loud screeching noise when in use, when the incident occurred on 17 December 2010.
He removed the safety guards around the machine and then switched it on, but a rag he was holding for cleaning got caught and his right hand was dragged into the moving parts.
His hand was severely crushed and his index finger was so badly damaged it had to be amputated at hospital. The injury means he still finds it difficult to do everyday tasks, although he has now returned to work.
An investigation by the Health and Safety Executive (HSE) found that Mr Henderson had not been trained in how to repair machinery at the site, despite being the maintenance manager. His competence to repair machinery had never been adequately assessed and he was left unsupervised when completing maintenance work.
He had also not been given a safe system of work to follow to ensure he carried out the task safely, by not running the machine once the safety guards were removed. It was also found that the emergency stop buttons on the fish skinning machine were not operational.
Ian Goldstein, 61, of Lowther Road, Stanmore, Harrow, pleaded guilty to breaching the Health and Safety at Work etc Act 1974. He was given a two-year conditional discharge and was ordered to pay £1,609 costs.
Derbyshire firm fined for putting workers in danger
A Derbyshire company has been fined for putting employees in danger by allowing them to work in confined spaces without any relevant training or safety measures.
Derby Crown Court heard today (22 November) that SAPA Profiles UK Ltd, which makes aluminium profiles, regularly sent workers into a 5.5 metre deep pit to retrieve waste aluminium that had collected at the bottom.
The Health and Safety Executive (HSE) visited the company’s Sawpit Lane premises in Tibshelf in May 2008 and served an Improvement Notice after discovering that work in the pit was not carried out in accordance with a safe system of work, which should have included the provision of adequate training. The company complied with the Notice and developed a safe system of work, including providing training to some of their workers, but in August 2011 a member of staff contacted HSE to raise concerns about the way in which confined spaces work was carried out.
During a follow-up visit on 31 August 2011, HSE inspectors found the company had a written safe system of work, but it was not being adhered to. The policy stated staff should be trained when either working in the pit or observing from the top, however that training was never provided to a number of the workers involved.
In addition, some of the harnesses intended to be worn by workers when accessing the pit had not been thoroughly examined to ensure that they were safe to use despite being reminded by their insurer of this requirement. It was also found that a gas analyser, used to ensure that the atmosphere in the pit was safe, had not been calibrated to ensure its accuracy.
SAPA Profiles UK Limited, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 for failing to protect its workforce. Derby Crown Court fined the company £30,000 and ordered it to pay full costs of £12,348.
Faversham factory fined for safety failings
A Kent engineering company has been fined after a factory worker suffered severe injuries to his fingers while operating an unguarded circular saw on a broken machine.
Graham Beal from Faversham, Kent, was using a metal-cutting circular saw to make trolley handles at the Brent Hill factory of BMM Weston Ltd on 28 October 2011.
The work involved cutting and shaping a solid steel bar that Mr Beal had to hold steady because the machine’s clamping mechanism was broken. As he attempted to do the job, his fingers came into contact with the unguarded blade, severing tendons in his hand and causing serious lacerations to his fingers.
The Health and Safety Executive (HSE) today (22 Nov) prosecuted BMM Weston Ltd for safety breaches after investigating the incident.
Maidstone Magistrates Court was told that HSE found several other saws at the factory that also had issues with inadequate guarding and maintenance.
BMM Weston Ltd of Weston Works, Faversham, pleaded guilty to breaching Regulations 5 and 11 of the Provision and Use of Work Equipment Regulations 1998. The company was fined £1200 for Regulation 5, £1200 for Regulation 11 and ordered to pay £1985 in costs.
Lancashire builder risked lives on scaffolding
A Lancashire builder has appeared in court after he ignored a formal warning to stop working at the top of a dangerous scaffolding tower.
Jack Sanderson and another builder were spotted carrying out work to the roof of a two-storey building on Burnley Road in Bacup by a passing inspector from the Health and Safety Executive (HSE) on 26 January last year.
The inspector could see there were no handrails or toe boards around the platform at the top of the tower to protect the workers from falling some seven metres to the ground. He immediately issued a Prohibition Notice ordering the men to come down from the unsafe scaffolding.
However, just three hours later, the inspector returned and found both men back at the top of the tower but still with no safety precautions in place.
Accrington Magistrates’ Court was told today (22 November 2012) that Mr Sanderson had put his own life and the life of the worker he employed at risk by failing to put measures in place to prevent them falling.
An investigation by HSE found Mr Sanderson had been working on a renovation project on a terraced property, next to a row of shops and bus stop. This meant that passers-by were also put at risk of being struck by falling building materials.
Jack Sanderson, of Bear Street, Burnley, pleaded guilty to two breaches of the Work at Height Regulations 2005 and one of the Health and Safety at Work etc Act 1974.
The charges related to failing to take suitable measures to prevent workers being injured in a fall, failing to prevent injuries being caused by falling building materials, and failing to comply with a Prohibition Notice.
Mr Sanderson, who is currently in prison for another unrelated offence, was fined £2,000 with no costs.
Photo and comments from the HSE
Plastics firm fined over employee’s finger injury
An employee at a Burnley plastics firm narrowly avoided severing his fingers when his hand came into contact with a rotating blade, a court has heard.
The 43-year-old from Bury, who has asked not to be named, suffered damage to the index finger on his right hand in the incident at Industrial Anti Corrosives Ltd in Dunnockshaw, which trades as IAC Plastics, on 2 April last year.
Reedley Magistrates’ Court in Burnley was told today (22 November 2012) that the Health and Safety Executive (HSE) has investigated several similar incidents at other factories in the past where workers have lost fingers or suffered permanent damage to their hands.
The court heard the company had carried out a risk assessment in 2007 where it identified the need to fit guards on several machines, including the one used by the injured worker. However, it failed to act on this.
The machines were also left unguarded for two months after the incident, until HSE inspectors served the company with three Prohibition Notices requiring guards to be fitted.
Industrial Anti-Corrosives Ltd pleaded guilty to a breach of the Provision and Use of Work Equipment Regulations 1998 by failing to prevent access to dangerous machine parts.
The company, of Manchester Road in Dunnockshaw, was fined £5,000 and ordered to pay £3,991 in prosecution costs.
Southend laundry fined after worker’s arm burned
A commercial laundry firm in Southend has been fined for safety failings after an employee crushed and burned his arm when it was pulled into an industrial ironing machine.
Badrul Islam, aged 23, from Southend, lost two fingers on his right hand as a result of the incident at Exclusive Cleaners UK Ltd, in Southchurch Road, on 25 August last year.
Southend Magistrates’ Court heard yesterday (21 November) that he was cleaning a heated steel roller on the machine with a cloth when his arm was pulled inside and was pinned against the roller, causing him serious crush and burn injuries.
His injuries were so severe that two fingers later required amputation. Mr Islam spent more than two months in hospital and underwent numerous skin graft operations. He is still unable to work.
The Health and Safety Executive (HSE) prosecuted Exclusive Cleaners after it was made aware of the incident through a civil claim.
Magistrates were told that a company director was supervising Mr. Islam at the time, and that the incident was entirely preventable.
A HSE investigation found that a fixed guard had been removed from the ironing machine, which was fully operational with the roller heating to around 80 degrees Celsius, Warning labels were in place advising that the machine must be switched off before any servicing, including cleaning, took place, and that it should not be operated without guards. However, this guidance was ignored.
Furthermore, the ‘major injury’ incident was never reported to HSE, despite this being a legal requirement.
Exclusive Cleaners UK Ltd, of Southchurch Road, Southend, pleaded guilty breaching Section 2(1) of the Health and Safety at Work etc Act 1974, and Regulation 3(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. The company was fined £5,000 and ordered to pay costs of £5,000.
