A recent case demonstrates that control measures need to be managed. Control measures are things that we identify in risk assessments and procedures that are intended to keep people safe. If control measures are not adhered to (ignored, or people not being aware of them) them people are not being kept safe, and they may be harmed. Part of good health and safety management is to identify the appropriate control measures (such as through risk assessment), communicate the findings to relevant people (such as those working in the area), and then monitor the use and effectiveness of the control measures.
In this Dublin-based case, a driver (JM) was employed by a logistics company and was collecting packages at an Aer Lingus cargo warehouse at the airport in November 2014. He fell from a loading bay and died some days later from the resulting head trauma. The court heard that the airline failed to apply its own procedure, which required drivers to enter and leave the warehouse via stairs and a doorway adjacent to the loading bay.
Aer Lingus pleaded guilty to an offence under s 12 of the Safety, Health and Welfare at Work Act 2005 and was fined €250,000 (£213,000).
The death of a contractor has resulted in a large fine for Whirlpool UK Appliances Limited. The self-employed contractor fell from a mobile elevated work platform (MEWP) and later died from his injuries after a conveyor was started.
In March 2015, the contractor had been working at the height of nearly five metres installing revised fire detection equipment. At the same time, maintenance workers of the company started an overhead conveyor. They were unaware that the contractor was working nearby. The movement caused the MEWP to tip over, and the contractor fell to the factory floor, and later died from his injuries.
Construction failures – directors jailed A Greater Manchester construction company (SR and RJ Brown Ltd) has been fined £300,000 for Corporate Manslaughter, and two of its directors have been jailed for 20 months after covering up the events that led to a worker’s death. The directors attempted to cover up events after the death of a worker. The court heard that the directors (and a worker) conspired to hide the safety management failings to make it look as if the victim had taken off his harness before he fell and ignored had management instructions. The two directors (brothers) were sentenced to 20 months after pleading guilty to perverting the course of justice and failing to ensure the safety of employees and others.
The fatal incident
On 10 December 2014 a worker (BE) fell from the roof of a metal structure he was helping to dismantle in Ramsbottom, Bury. He suffered catastrophic head injuries and died hours later at Salford Royal Hospital. At the time of the fall, BE was working for SR and RJ Brown.
Trust and contractor fined over asbestos
- A charitable trust hired a contractor to carry out refurbishment works
- Both parties failed to ensure safe work with asbestos
- They were fined a total of £27,000 plus costs of £25,000
An HSE investigation was launched after concerns were raised about the treatment of asbestos issues by a charitable trust.
The Trust, who are responsible for running a school academy, had hired a contractor to carry our refurbishment works at one of their building blocks in July 2012.
An asbestos survey had been carried out, and the trust was in possession of an asbestos register to identify its locations within the building. However, the refurbishment work was carried out by the contractor without consulting the asbestos register.
Follow this link to see a copy of the February newsletter on health and safety matters. In this month’s issue, there is a reminder that the new CDM Regulations will be with us soon. There is an article on some recent work-related manslaughter prosecutions and also a short case study of how we helped someone facing Enforcement Action as well as information on Face Fit Testing, and on Occupational Road Risk. Please follow the links for more information.
Please share any ideas you have for future articles or subjects that you would like to see covered .
The February 2015 issue of our Health and Safety Newsletter contains information on:
- CDM 2015, the new Regulations
- LRB Consulting: Big enough to cope, small enough to care
- Work related manslaughter – in the news again
- Getting CHAS, Safecontractor or other accreditations – do you need help?
- Case study: Help with Enforcement Action
Face Fitting of masks
- Q&A on Occupational Road Risk
- Testimonials –
Our culture and ethos is to be: Helpful, Friendly and Professional
Helpful – if you have an issue, we are here to help you. Part of our approach is to build trust and good will with our clients through talking to them. We will avoid the use of jargon and we will explain things to you in plain English.
Friendly – if you need help, you may need a friendly voice to assist you. We will listen and we will advise you. As a retained client you will already have established a rapport with your health and safety consultant.
Professional – as well as being helpful and friendly, our Health and safety Consultants are Professional. We talk to you. and, once we understand your issues, we will help you to find the right solutions for you. We will produce a specification with full costing and agreed timescales. Then we deliver it; on time and on budget.
As your professional health and safety consultants, we aim to help you with a suitable, cost effective service that offers professional , friendly and competent advice in a timely manner.
The CDM 2015 Regulations come into force on 6 April 2015 and will apply to all building and construction projects, regardless of the size, duration and nature of the work. With these new regulations good quality, professional health and safety advice will be needed more than ever.
A summary of some of the key changes are set out below:
CDM Coordinator role replaced by a Principal Designer
Under CDM 2015, the Client will need to appoint a Principal Designer for all projects involving more than one contractor (trade contractor) on site at one time. Any other designers appointed should not carry out any work beyond initial the design unless the Principal Designer has confirmed that the Client is aware of their duties. The new role of Principal Designer should help eliminate and/or reduce the risks to health and safety to those involved in the subsequent construction work and the maintenance and use of the building, facility or structure once it is completed. This role extends to the construction phase and involves liaising with the Principal Contractor and specialist designers.
The replacement of CDM co-ordinator (under CDM 2007) by principal designer means that the responsibility for coordination of the pre-construction phase – which is crucial to the management of any successful construction project – will rest with an existing member of the design team.
CDM 2015 – starting in April 2015 at a site near you!
The replacement of the CDM co-ordinator role (under CDM 2007) by principal designer. This means that the responsibility for coordination of the pre-construction phase – which is crucial to the management of any successful construction project – will rest with an existing member of the design team.
A global drinks (AD) firm has been ordered to over £277,000 in fines and costs after a contractor was killed as a result of falling six metres through a fragile skylight on a warehouse roof.
Further to this, the worker’s employer (P) must pay just over £30,000 for his failure to protect his staff.
Mr Rogers was working for P in November 2010 on a contract from AD to fix a leak in the warehouse roof and to clean gutters. The judge said the eight-metre high roof was made of corrugated asbestos panels which were fragile along with skylights. The Judge commented: “Yet neither of the brothers – who had to travel a significant distance –was given the proper crawling boards despite the dangers “being blindingly obvious as a matter of common sense”.