An investigation by the HSE found the company failed to identify the risk of drowning with the maintenance activity which was undertaken by RG (employee) and his colleagues on a regular basis.
Truro Crown Court heard that RG, a catchment operator, was working on the sand filtration unit of the Falmouth Waste Water Treatment Works in December 2013 when a colleague discovered him face down in water. He died at the scene having drowned. South West Water has been sentenced following the death of 54-year-old RG. He was last seen working on the top of the unit several hours before he was found by his colleague who was responding to the lone worker system. An investigation by the HSE found the company failed to identify the risk of drowning with the maintenance activity which was undertaken by RG and his colleagues on a regular basis.
South West Water Ltd of Peninsula House, Rydon Lane, Exeter pleaded guilty of breaching Section 2 (1) of the Health and Safety at Work Act 1974, was fined £1.8million and ordered to pay costs of £41,607.71.
Three directors jailed for health and safety offences. Three company directors have been jailed following the death of a worker who fell while working on a roof at a warehouse in Essex.
An employee of Koseoglu Metalworks Ltd (NV, aged 63) died in hospital after falling through the roof of a warehouse in Harlow in April 2015. At the hearing at Chelmsford Crown Court, Koseoglu Metalworks Ltd admitted an offence of corporate manslaughter and its sole director, Kadir Kose, admitted an offence under the Health and Safety at Work Act (HSWA).
Ozdil Investments Ltd denied corporate manslaughter and a HSWA offence but was convicted following a trial at Chelmsford Crown Court. Two of its directors, Firat Ozdil and Ozgur Ozdil, were convicted of a HSWA offence and were jailed for twelve months and ten months. Kose was jailed for eight months.
Workers exposed to asbestos – all persons who have control of the repair and maintenance of non-domestic premises need to ensure that the correct control measures are put in place to prevent exposure to asbestos, so far as is reasonably practicable (based on Section 4 of the Health and Safety at Work Etc Act 1974).
Two Essex-based companies have been fined after workers were exposed to potentially deadly asbestos over a period of years, despite being alerted to the risks at their premises. Basildon Crown Court heard that asbestos was found in poor condition when Connect Packaging Ltd moved into industrial units in 2007, but that the company failed to act to control risk. As a result, its employees were exposed to risk from airborne asbestos fibres. When Connect Packaging Ltd moved out of the units in January 2009, it sublet them to Creo Retail Marketing Ltd, another company within its group, but continued to exercise some control over maintenance and repair work at the premises.
Demolition contractor imprisoned after admitting illegally removing asbestos from a building he was working on. David William Briggs, trading as Briggs Demolition was found to have ignored an asbestos survey while demolishing the former Oakbank Training Centre in Chadderton, Oldham. Manchester Magistrates’ Court heard also failed to prevent exposure to asbestos to workers and others on the site. The firm advised the site owners to have the site surveyed for asbestos before demolition could begin, and recommended a suitable surveyor. The site owner paid for a full asbestos survey to be carried out following this recommendation.
“This tragic accident was preventable had all parties considered the risks involved and taken appropriate measures to reduce that risk” – too often, comments like this are made after a serious injury or a fatality. This does not diminish the truth of the statement, but it does underline a serious problem: people often don’t do the thinking (and the joining up of the thinking) in advance. Take a look at the recent case below:
ATE Truck and Trailer Sales Ltd, a company that buys, refurbishes and sells Heavy Goods Vehicles and trailers has been sentenced following the death of 63-year-old worker WP (who was a self-employed contractor). Wolverhampton Crown Court heard that on 21 February 2013 WP suffered fatal head injuries when he was struck by the roof of a trailer he was dismantling at the Marston Industrial Estate site. The investigation by the HSE found that ATE had undertaken this task before by its own employees and had an established method in place. ATE, however, failed to properly consider the risks involved in this work and did not provide WP with information in relation to his safety when ‘stripping down’ the trailers.
ATE Truck and Trailer Services Ltd of Boundary Industrial Estate, Stafford Road, Wolverhampton pleaded guilty to breaching Regulation 3 of the Management of Health and Safety at Work Regulations 1999. The company has fined £475,000 and ordered to pay costs of £20,000.
Want to avoid another case of “ tragic accident was preventable”?
- Do the risk assessment (before the task)
- Share the risk assessment
- Monitor what actually happens