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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Excavator driver fined after falling bucket injures worker
An excavator driver has been prosecuted for safety failings after an unsecure bucket fell from the machine he was using and badly injured a worker on a Gloucester building site.
Dominic Dalton, 36, from Erdington, Birmingham, suffered head injuries, a broken lower leg, broken pelvis and badly bruised arm in the incident at Quedgeley Urban Village, on Naas Lane, on 24 November 2011.
Excavator driver Kevan Fell was working on a drainage system at the new housing estate and needed to change the bucket on the vehicle.
Cheltenham Magistrates’ Court heard today (15 October) that he carried out this operation from the cab, but then failed to test the bucket was secure by shaking it, pressing it on the ground or checking it manually.
Instead, he started using it for excavation work straightaway and the bucket came off, hitting Mr Dalton who was working below.
Mr Fell, of Hackwell Street, Napton, Warwickshire, was prosecuted by the Health and Safety Executive (HSE) for breaching Section 7(a) of the Health and Safety at Work Act etc. 1974. He pleaded guilty to the charge and was fined £500 and ordered to pay £1,746 in costs. He was also ordered to pay £3,500 in compensation to Mr Dalton.
Bristol company and instructor fined after diver’s death
An inexperienced diver from Bristol with serious medical conditions died on an organised dive off Dorset when a diving company failed in its duty of care towards him.
Bristol Crown Court heard how Ian Johnson, an instructor and director of Subaquaholics Ltd, had allowed Janek Karon, 54, from Horsecroft Gardens, Bristol to take part in recreational and training dives over the weekend of 18 – 19 October 2008 off Portland in Dorset.
On the Sunday, Mr Karon took part in a dive off Grove Point, with Mr Johnson. When Mr Karon surfaced at the end of the dive he was unresponsive. Mr Johnson, an instructor trained under the standards set by Professional Association of Diving Instructors (PADI), alerted the dive boat skipper and the two men managed to get Mr Karon into the boat.
The pair tried to resuscitate Mr Karon, but he did not respond. He was airlifted from the boat but was pronounced dead at Dorset County Hospital. An inquest found Mr Karon died from drowning with coronary artery disease a contributing factor.
During an investigation by the Health and Safety Executive (HSE), Subaquaholics were unable to produce any of the medical screening forms which Mr Karon should have completed and handed to Subaquaholics before being allowed to dive. It is a legal requirement that student divers under training are medically fit to dive. Had Mr Karon completed a form it would have flagged-up his various conditions which put him at risk of coronary artery disease and resulted in his referral to his GP to assess whether he was fit to dive.
Mr Karon’s GP was interviewed by the HSE and confirmed she would not have passed him as fit to dive, given his medical conditions. Mr Karon was obese, had high blood pressure, a high cholesterol reading and chronic kidney disease. He had been prescribed statins to reduce his risk of coronary heart disease. He also suffered from Raynaud’s syndrome, where the vascular system responds to cold by shutting down the circulation in the extremities of the body.
Although Mr Karon was a relatively inexperienced diver, Mr Johnson’s diving log shows that on the fatal dive, the two divers went to a depth beyond 30m. Under guidelines provided by PADI, a dive between 18m to a maximum of 30m is classified as a deep water dive for divers with greater training and experience. Only highly experienced divers are permitted to dive beyond 30m. PADI also recommends maximum depths should be used conservatively and when planning a dive in cold water or under conditions that may be strenuous a, safety margin of four metres less than the actual depth should be used.
Mr Karon’s daughter, Emma Karon, then aged 10, also took part on dives with Subaquaholics. Her mother had filled in a medical form for the company stating that Emma suffered from asthma and had a prescription for asthma medication. However, Emma was not referred to a GP before being allowed to dive, even though it was a legal requirement with this condition.
The investigation also uncovered unsafe procedures at the company, including a lack of proper risk assessments for the dives run on 18/19 October, and no diving logs for the weekend’s activities.
Ian Johnson, of School Road, Kingswood, Bristol, pleaded guilty as dive supervisor to breaching Regulation 10 (1) of the Diving at Work Regulations 1997 for both Jan and Emma Karon and was fined £ 5,000. Subaquaholics Ltd, of Albert Crescent, St Philips, Bristol, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £10,000. Costs in both cases will be decided at a later hearing.
Comments from Mr Karon’s widow & HSE
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Nursing home fined for elderly man’s fatal fall
Truro Crown court heard today that an elderly man with dementia was able to wander into another resident’s room at his nursing home and fall to his death from a window.
Reginald Gibbings, 89, fell 3.6 metres from the room at Hillcrest House, Barbican Road, East Looe on 15 July 2008.
Hillcrest House Ltd was fined £40,000 and ordered to pay £95,963 in costs in a prosecution brought by the Health and Safety Executive (HSE). A compensation order of £2,300 towards the family’s funeral costs was also made.
The court was told that Mr Gibbings had been admitted to the secure unit for elderly and mentally ill people at Hillcrest House care home, after his wife suffered a stroke at their home in Barbican Court, East Looe.
He did not settle well at the home and repeatedly stated he wanted to leave and tried to get out by forcing the secure garden gate on the day of his fall. On the 15th July 2008, Mr Gibbings entered a bedroom on the ground floor which had a restrictor fitted to prevent the window opening fully. The restrictor was defeated, either by Mr Gibbings or someone else, allowing the window to open fully. Although on a ground floor, the home is built into a banked area and the sloping gardens created a large drop beneath the window.
Mr Gibbings either fell through the window or fell trying to climb out it. He suffered multiple fractures and died in hospital two days later.
Hillcrest House Ltd of Barbican Road, East Looe, pleaded guilty to an offence under Section 3 (1) of the Health and Safety at Work Act 1974.
Relevant British Standards
- BS 8599-1:2011 Workplace first aid kits. Specification for the contents of workplace first aid kits
- BS OHSAS 18001:2007 (Paperback) Occupational health and safety management systems. Requirements
- BS OHSAS 18002:2008 Occupational health and safety management systems. Guidelines for the implementation of OHSAS 18001:2007
- BS 18004:2008 Guide to achieving effective occupational health and safety performance
- BS 31100:2008 Risk management. Code of practice
- BS EN 60204-1:2006+A1:2009 Safety of machinery. Electrical equipment of machines. General requirements
- BS EN ISO 14121-1:2007 Safety of machinery. Risk assessment. Principles
- BS EN 349:1993+A1:2008 Safety of machinery. Minimum gaps to avoid crushing of parts of the human body
Machinery manufacturer prosecuted for safety failings
A Buckinghamshire farm machinery manufacturer has been fined after an employee sustained multiple fractures when a trailer crushed his leg.
Waldemar Makowski, of St Annes Road, Aylesbury, was building a farm vehicle trailer chassis at K Two Sales Limited in Haddenham, Buckinghamshire when the incident occurred on 15 August last year.
As he attempted to move a chassis from a yard area at the site using a draw bar attached to a fork lift truck, it fell from its support and crushed his left leg, causing multiple fractures.
Mr Makowski, then aged 42, suffered long-term injuries and was unable to go back to work for several months while he recovered.
K Two Sales Limited was prosecuted by the Health and Safety Executive (HSE) after an investigation found it had failed to consider the risk of the chassis falling or provide an adequate system for supporting and moving heavy items.
Aylesbury Magistrates’ Court head today (15 October) that although the company has since redesigned the draw bar so that it now has an integral supporting leg, the chassis movement operation at the time was flawed and was a direct cause of Mr Makowski’s injuries.
K Two Sales Limited, of Fowlers Field Farm, Station Road, Haddenham pleaded guilty to a breach of Regulation 20 of the Provision and Use of Work Equipment Regulations 1998 and Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999. The company was fined a total of £16,000 and ordered to pay £3,102 in costs.
Southampton yacht repair company in the dock
Southampton company Hamble Yacht Services Ltd has been sentenced for safety failings after a worker fell whilst repairing a yacht.
Adam Whiteaway, 26, from Southampton, was working on a platform filling holes when support planks gave way. He fell nearly two metres, severely bruising his ribs and was off work for a month.
The incident, on 14 June 2011, was investigated by the Health and Safety Executive (HSE), which prosecuted the company for two safety breaches.
Southampton Magistrates’ Court heard today (16 October) that the platform Mr Whiteaway was working on had not been correctly installed and inspected to ensure his safety.
HSE Inspectors found that two support bars on the staging were missing and this caused the sides to move apart and the boards to collapse. The fall could have been prevented if the company had taken simple steps to regularly inspect the staging before its use.
The company, of Port Hamble, Hampshire, was fined a total of £20,000 and ordered to pay £3,805 in costs after admitting two breaches of the Work at Height Regulations 2005.
Company fined after worker falls through riding school roof
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A Knightsbridge facilities and cleaning company has been fined after one of its employees fell six metres through a riding school roof on the Longcross estate in Surrey.
The worker, who does not wished to be named, miraculously escaped with only minor injuries in the fall after a sand-covered floor cushioned his impact.
His employer MB Facilities Management Ltd had been sub-contracted to clean gutters at Lilypond Farm on the estate, near Chertsey, when the incident occurred on 23 March this year.
North Surrey Magistrates’ Court heard today (17 October) that the worker was cleaning the stable roof as part of the job when he stepped on a plastic skylight that gave way beneath him. He plunged to a riding arena below, covered with soft sand for the comfort of horses.
An investigation by the Health and Safety Executive (HSE) identified that he had he fallen onto concrete he could have been seriously injured or killed.
HSE Inspectors found that MB Facilities Management failed to ensure the safety of its workers. The company’s own risk assessment identified the dangers of falling through the skylight, but workers were merely advised that they shouldn’t cross it. They weren’t supervised and there were no measures in place to prevent a fall.
MB Facilities Management Ltd, of 55 Princes Gate, Exhibition Road, London SW7, pleaded guilty to breaching Regulation 4 of the Work at Height Regulations 2005. The company was fined £4000 and ordered to pay £3700.30 in costs. The worker received £1000 in compensation.
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Head injury leads to fine for components firm
A company which manufactures metal components has been fined after a young worker was seriously injured at its Lincoln factory.
The 20-year-old agency worker suffered a fractured skull and severe facial injuries when the grinding wheel broke on a hand-held grinder he was using. The wheel was thrown from the grinder and smashed through his visor, striking him in the face.
The Health and Safety Executive investigated the incident, which happened at the Tower Works site of Wyman-Gordon Ltd on Spa Road, Lincoln on 20 October 2010.
The man, who doesn’t wish to be named, underwent significant treatment for his injuries, including a five-hour operation to remove a piece of bone which was touching his brain, before further reconstructive surgery could be carried out. The man has since returned to work.
Lincoln Magistrates’ Court was told today (17 Oct) that the HSE investigation found the agency worker had not been properly trained in the safe use of the hand-held grinder and the precautions to be taken when changing grinding wheels. The result was that a grinding wheel, which is likely to have been defective prior to use, was fitted to the grinder and subsequently used. This defect may have been identified had the agency worker received the correct abrasive wheels training. The investigation also found that he was not adequately supervised when carrying out work with the grinders.
Wyman-Gordon Ltd, of Wiggin Works, Holmer Road, Hereford, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. It was fined £16,500 and ordered it to pay full costs of £6,178.
Bedford food company in court over fall
A Bedford grain milling company has been prosecuted after a worker was injured in a fall during the night shift.
Mark Askham, 45, fell nearly three metres on to concrete after he climbed pipework to unblock a feed pipe at European Oat Millers Ltd in Mile Road. Mr Askham, of Putnoe, Bedford, suffered broken ribs, cuts and bruising in the incident on 26 February 2011.
Bedford Magistrates’ Court heard today (17 Oct) that an investigation by the Health and Safety Executive found the incident could have been avoided had the company put basic measures in place to protect workers against falls from height.
Mr Askham had pinpointed the blockage to a pipe in the basement of the nine-storey mill. With no ladder or platform available, he climbed on nearby pipework and sat on one of the pipes to reach the blockage. He unbalanced and fell some three metres, hitting pipes below before landing on the ground.
European Oat Millers Ltd pleaded guilty to a breach of Regulation 4 of the Work at Height Regulations 2005. The firm was fined £12,000 and ordered to pay £3,712 in costs.
Waste site dangers highlighted in Barnsley court
A South Yorkshire waste management firm has admitted neglecting the safety of its workforce after two men were injured within just a week at its site in Barnsley.
One worker fell ten feet into a skip as he clung to a conveyor belt that began to operate. The other suffered serious injuries to his arm in a separate incident when it was drawn into the rollers of a large crushing machine.
The two incidents were investigated by the Health and Safety Executive, which prosecuted Carlton-based RG Wastecare Ltd today (18 October) for serious safety failings.
Barnsley Magistrates’ Court heard the first incident happened on 25 February last year when site workers Ian Ardron and John Clifford were setting up a waste sorting machine for use.
Mr Ardron climbed on to its front conveyor belt and kneeled down to clear some carpet that had tangled in the rollers. His co-worker thought he had gone to fetch a fitter to repair a fault and started up the machine to check a side belt was running. As he did, Mr Ardron was propelled along the belt and, despite his attempts to hang on, was dropped ten feet into an empty skip.
Mr Ardron, 40, of New Lodge, Barnsley, suffered fractures to his foot and skin and nerve damage where the bone fragments shattered. He was in hospital for ten days and was unable to return to work for some six months.
The court was told the second incident occurred just six days later on 3 March when Mr Clifford was helping to restart a Jaw Crusher machine. He saw some wire tangled in a magnetic belt roller and went to pull it free. The machine suddenly restarted and the wire was pulled back into the rollers along with Mr Clifford’s left forearm.
Mr Clifford, 44, of Lundwood, Barnsley, sustained crush injuries to his forearm. He was off work for six weeks but has since returned.
HSE found RG Wastecare had failed to implement simple measures that would have prevented both incidents and had ignored earlier warnings from both HSE and an external consultant in 2009 about the lack of a safe system of work.
RG Wastecare Ltd, of Goodwin Yard, Boulder Bridge Lane, Barnsley, pleaded guilty to two breaches of Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined a total of £5,000 and ordered to pay £5,000 in costs.
