Welcome to HSE prosecutions in brief. An overview of this weeks prosecutions by the HSE.
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Construction worker killed when crane overturned
A construction company and its managing director have been sentenced after a father-of-two was crushed to death when a crane overturned in Liverpool.
Richard Mark Thornton, 46, from Longridge near Preston, died when a 50-tonne crane toppled over while moving a steel column on 29 March 2007. Mr Thornton, known as Mark, had been helping to construct a new floor on a warehouse at Wavertree Business Park when he was struck by the column.
Mr Thornton’s employer, Siteweld Construction Ltd, and the managing director of the company, Benjamin Lee, were prosecuted by the Health and Safety Executive (HSE) for failing to make sure the work was planned and carried out safely.
Liverpool Crown Court heard the crane had been used to lift the six-tonne steel column when it was nearly 18 metres away, taking it well outside its safe lifting capacity for that distance.
The HSE investigation found the crane had not been properly maintained and the external alarm could not be heard by those working nearby. The override switches were also faulty, including the switch that prevented the crane lifting loads beyond its capacity.
Benjamin Lee, 36 of Ashley Lane, Goosnargh, Preston, pleaded guilty to breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998. He was fined £80,000 and ordered to pay £18,478 in prosecution costs on 16 December 2011.
Siteweld Construction Ltd, of Berry Lane, Longridge, Preston, pleaded guilty to the same offence. It received a nominal fine of £50 with no costs as it has ceased trading.
Mark Thornton’s widow, Sandra, said:
“Mark and I were together over 20 years. We used to do everything together. When Mark died, my life stopped. I don’t live, I exist.
“It is hard to express just how much I miss him. I open the front door and he’s just not there.”
The crane hire firm, Bryn Thomas Crane Hire Ltd, and the crane’s operator, Frederick Scott, were also prosecuted for health and safety failings. They were sentenced at an earlier hearing at Liverpool Crown Court on 11 April 2011.
Read full story here.
Company fined after contractor’s fatal roof fall
A Mid-Wales estate agent has been fined after an elderly maintenance contractor was killed when he fell from a roof.
Roger Jary, 79, from Welshpool was a self-employed contractor of Morris, Marshall & Poole estate agents, and was carrying out minor repairs to the carport and gutter of a rented bungalow on Little Henfaes Drive in the town.
Chester Crown Court heard that, on 10 August 2010, a plastic roof panel Mr Jary was moving across gave way and he fell around two metres from the roof of the carport to the ground below.
A Health and Safety Executive (HSE) investigation found Morris, Marshall & Poole contracted Mr Jary to carry out the repair work, but failed to ensure the work was properly planned and organised, or the contractor was competent to carry out the work.
Morris, Marshall & Poole of 28 Broad Street, Welshpool, who managed the property on behalf of the landlord, were prosecuted by the Health and Safety Executive (HSE). They pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and were today fined £75,000 and ordered to pay full costs of £11,153.95.
Read full story here.
Catalogue of safety failings by Rotherham firm
A recycling company in Rotherham displayed “a blatant disregard” for the safety of 120 workers by failing to protect them properly against dangerous parts of cutting and crushing equipment.
The Health and Safety Executive (HSE) uncovered a catalogue of safety breaches during an inspection of the Universal Recycling Company site in Wharf Road, Kilnhust, Mexborough, in May 2010. The HSE found failings both in the yard and in the machine shop and had to return for a second day to complete the investigation.
There were so many apparent failings at the facility that inspectors took immediate enforcement action, issuing three Prohibition Notices to halt further work in some areas. Two Improvement Notices were later served giving the firm time to take effective remedial action.
The London Wiper Company pleaded guilty to two offences of charges of non-compliance with an Improvement Notice and was fined a total of £8,000 and ordered to pay £5,000 costs.
Read full story here.
Basildon company fined after worker injures hand
An Essex packaging company has been fined after a worker’s hand was injured when it became trapped between the rollers of a glueing machine.
Line supervisor, Lynda Jackson, 57, of Harold Hill, Essex was using cleaning paper to dry machine parts when the paper got caught between two glue rollers and her right hand was pulled into the machine. The tips of two of her fingers were severed.
The incident happened on 22 March 2011 at CBT Packaging Ltd’s manufacturing plant in Paycocke Road in Basildon.
An investigation by the Health and Safety Executive found that although the company’s stated policy was not to clean the glueing machine while its rollers were rotating, it was standard practice to ignore this.
CBT Packaging Ltd whose registered office is in High Street, Edgware, Middlesex pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc Act 1974 and was fined a total of £12,000 with costs of £4,971.45.
Read full story here.
Brothers fined after farmworker run over by tractor
A farmworker was severely injured after he was run over by a tractor which had a faulty handbrake.
Derek Benney, Richard Benney and Roger Benney, of FH Benney and Sons, have been prosecuted by the Health and Safety Executive (HSE) following the incident at their farm Higher Nansloe near Helston in September 2010. They were fined a total of £7,500 and ordered to pay a total of £9,000 in costs.
The Court heard that Colin Jenkin, 55, of Wendron, was spreading manure on a field when he got out to open a gate. The tractor, which was parked on a slope, began to roll forward and ran over him.
Mr Jenkin suffered multiple injuries including seven broken ribs, crush injuries to his back and permanent damage to his eye socket. Despite being unable to see he was able to find his mobile phone and call for help. He has been unable to work since the incident.
The HSE investigation found that the handbrake on the tractor had failed and had not been maintained properly.
Derek, Richard and Roger Benney each pleaded guilty to a breach of Regulation 5 (1) of the Provision and Use of Work Equipment Regulations 1998.
Derek Benney of Higher Nansloe Farm, Helston was fined £2,000 and ordered to pay £3,000 costs.
Richard Benney also of Higher Nansloe Farm, Helston was fined £3,500 and ordered to pay £3,000 costs.
Roger Benney of Higher Goonhusband Farm, Helston was fined £2,000 and ordered to pay £3,000 costs.
Read full story here.
Firms fined following quarry death of Somerset father
A Wiltshire man and firm who operate in Somerset have been fined following the death of a father-of-two at Whatley Quarry in Frome, Somerset in 2008.
Neal Webber, who was 28, died on 9 February 2008 whilst carrying out maintenance in a large limestone fines hopper.
Hanson Quarry Products Europe Ltd and Robert Alan Taylor, who was then trading as Quarry Maintenance Service Engineers, were both prosecuted by the Health and Safety Executive (HSE) today at Taunton Crown Court. During the hearing it was accepted by all parties that the failings of either defendant did not cause Mr Webber’s death.
Mr Webber and a colleague Neil Myers were working to remove compacted material from the inside of the hopper when the material they were standing on collapsed. Mr Webber was buried under approximately 12 tons of limestone dust and was suffocated. Mr Myers was buried up to his chest but managed to pull himself out and attempted to help Mr Webber. He suffered severe shock.
The court heard that while both men had been wearing a harness, the equipment used by Mr Webber – his own – did not prevent him from being buried under the limestone dust when the compacted material he was standing on collapsed. Mr Myer’s harness was attached to a shorter, fixed length line and consequently he was not fully buried by the limestone dust during the collapse.
Hanson Quarry Products Europe Ltd, of Castle Hill, Maidenhead, pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work etc Act 1974 and were fined £27,500 and ordered to pay £ 27,000 costs.
Robert Taylor, of Eriskay Gardens, Westbury, Wiltshire the owner of Quarry Maintenance Service Engineers pleaded guilty to breaching regulation 4 (2) of the Confined Spaces Regulations 1997 and was fined £1, 500 and order to pay costs of £10,000.
Read full story here.
Global steel firm prosecuted after workers were crushed
A global steel firm has been sentenced after two workers suffered major injuries when a warehouse door, weighing over 300 kilograms, collapsed on them.
The employees at Corus, which has since been renamed Tata Steel UK Ltd, were trying to repair a roller shutter door at its plant in Workington when the door and a supporting pillar gave way.
An investigation by the Health and Safety Executive (HSE) found the company had failed to make sure a suitable risk assessment was carried out for the work, putting the lives of its staff in danger.
Both the workers, who were maintenance fitters from Workington, suffered badly broken legs in the incident at the Curwen Road site on 20 April 2009.
Part of the falling structure also struck one of the workers, 51 year old Anthony Ryecroft, on the head, splitting his hard hat and cutting his head and shoulder. He was unable to work for 15 months as a result of his injuries.
The other worker, 59 year old Geoff Anderson, never returned to work for the company and has now taken voluntary redundancy.
Tata Steel UK Ltd admitted breaching Section 2(1) of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of the two workers. The company, of Millbank in London, was fined £13,300 and ordered to pay £11,631 in prosecution costs on 22 December 2011.
Read full story here.
Broken neck leads to fine for Nottinghamshire company
An East Midlands sign company has been fined after a worker fractured his neck falling from a vehicle-mounted lift.
The 44-year-old City and County Signs Ltd employee from Hucknall, Nottinghamshire, was using the lift to remove a sign from a commercial property in Hucknall High Street when the incident happened.
Southern Derbyshire Magistrates’ Court heard the worker was standing in the basket but as it elevated one of two levelling rods that keep the basket horizontal at all times broke, causing the basket to tip backwards.
The man, who does not want to be named, fell around 1.5 metres and suffered minor injuries in addition to breaking his neck. He was in hospital for six days following the 5 November 2009 incident and when discharged was initially unable to drive or undertake routine tasks. He was off work for nine weeks.
A Health and Safety Executive (HSE) investigation found City and County Signs Ltd had failed to ensure the vehicle-mounted lift was thoroughly examined in the six months before the incident, as required by law.
City and County Signs Ltd, of Market Place, Bingham, Nottinghamshire, pleaded guilty to breaching Regulation 9(3)(a)(i) of the Lifting Operations and Lifting Equipment Regulations 1998. The company was today fined £10,000 and ordered to pay costs of £8,032.
Read full story here.
Metal firm’s safety flaws exposed after worker crushed
A Rotherham firm has been prosecuted for safety failings after a maintenance engineer was crushed by a 1.5 tonne weight landing on his back.
The worker suffered a broken shoulder, two cracked ribs and the tops of three vertebrae were snapped off when he was trapped between the counterweight of a large zinc galvanizing machine and a junction box.
The incident, on 27 September 2010 at Yorkshire Spin Galvanising Ltd in Cornish Way, Rotherham, prompted an investigation by the Health and Safety Executive (HSE).
Rotherham Magistrates’ Court was told that the worker went to investigate a fault and climbed onto a gantry inside the machine. When the fault cleared he went to the rear of the gantry, out of sight of the operator, to check another repair he had recently made. The machine was still running and as he leaned over a guardrail to get a good view, the counterweight descended – pinning him against the junction box.
He managed to shout ‘stop’ to alert his colleagues before losing consciousness and a co-worker at the control panel was able to lift the weight up to free him.
Yorkshire Spin Galvanising Ltd, registered at East Parade, Leeds, pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc Act 1974 at their Rotherham plant. The company was fined £10,000 and ordered to pay £5,000 costs.
Read full story here.
Evesham firm fined for worker’s fall through glass roof
An Evesham horticultural nursery has been fined after a worker suffered serious head injuries and fractured his hand when he fell through a glasshouse roof.
The Health and Safety Executive (HSE) prosecuted Westland Nurseries (Offenham) Ltd following the incident at the company’s premises on 4 December 2009.
Worcester Magistrates’ Court heard how the 21-year-old man, who does not want to be named, was cleaning a valley gutter between two roofs on a glasshouse when he fell about three metres through the glass, landing on a concrete floor.
He suffered concussion with blood on the brain, fractured his hand and sustained other cuts and bruises, and could not work for three months after the incident.
HSE’s investigation into the incident found Westland Nurseries (Offenham) had taken no measures to prevent workers falling from the glasshouse roofs and did not understand the risks involved when working at height.
In addition, the injured man had been inadequately trained, by an employee who was not trained in working at height himself.
Westland Nurseries (Offenham) Ltd, of Ferry Lane, Offenham, Evesham, pleaded guilty today to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £12,000 and ordered to pay £6,835 costs.
Read full story here.
Fork lift fall leads to prosecution for Derbyshire company
A Derbyshire manufacturing firm has been fined after a forklift truck driver fell from a ramp whilst unloading a lorry.
Andrew Baxter, 50, from Eckington was unloading a 20ft container at Vesuvius UK Limited’s Sheepbridge Works in Chesterfield on 15 February 2010.
Mr Baxter was using a forklift truck and mobile ramp when the ramp became separated from the lorry bed, dropping the truck and driver to the ground. Mr Baxter suffered a fractured back and crushed disk. He spent eight days in hospital, was off work for nine months and can still only work part time.
The Health and Safety Executive (HSE) told Chesterfield magistrates there was no evidence of a risk assessment having been carried out for any of the loading/unloading activities taking place on site, where refractory products are made. There was knowledge amongst the forklift truck drivers that the ramp could move away from the lorry beds and they had adopted an informal system of using the forks of the truck to push it back into position.
Vesuvius UK Limited, of 1 Midland Way, Central Park, Barlborough, Derbyshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, and Regulation 3(1)(a) of the Management of Health & Safety at Work Regulations 1999 and was fined £24,000 and ordered to pay full costs of £4,815.
Read full story here.
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