Hull Crown Court heard how, on 23 April 2010, TS (an employee of Tata Steel) was examining a crane as part of his inspection duties as a maintenance electrician. Whilst carrying out this work, an overhead crane travelled over the cage he was in, trapping and then crushing him. TS died instantly.

An investigation by the Health and Safety Executive (HSE) found that Tata Steel had failed to enforce its own safety procedures, despite having two previous incidents before TS’s death. The HSE investigation also found Tata Steel failed to put in place essential control measures which would have prevented the overhead crane that killed TS from even being in operation.

Tata Steel UK Limited of Millbank, London, pleaded guilty to breaching Section 2 and Section 3 of the Health and Safety at Work Act 1974 and was given a fine of £1.4 million along with costs of £140,000.

The fine is large, but the effect on the family is impossible for others to comprehend. Speaking after the hearing, a member of TS’s family said:

“T’s death has devastated us as a family. There’s not a day goes by when we don’t think about him. We miss him always, especially on family occasions when he should be with us. He was well loved by everyone who knew him, and had lots of friends. Every day we think about what might have been if he had still been here. We would like to thank, once again, all those who have helped and supported us over the course of the last eight years. It means a great deal to us.”

HSE principal inspector Kirsty Storer commented:

“This tragic loss of life could have been avoided had the company adhered to and enforced its own safety procedures. Despite two previous incidents sharing features with the one which ultimately cost Mr Standerline his life, the company failed both to take these as a warning sign and to act on safety recommendations.”

To avoid such tragedies: Carry out good quality (meaningful) Risk Assessments and introduce Active Monitoring of the effectiveness of the Control Measures identified. Investigate any weaknesses or failures and improve the system.

Nobody wants to have a death at work. All too frequently, the simple steps to prevent a death at work are neglected.

The post Death at Work – Fine of £1.4 Million appeared first on LRB.

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 post Control measures need to be managed appeared first on LRB.

The HSE investigation found that DGS (Director of Stead Construction Services (SCS)) had failed to ensure that waste material was burned safely. In May 2015, the 17-year-old worker (BR) was instructed to stand on top of a skip and to pour a drum of flammable thinners onto the burning waste to aid the burning process. The HSE found that the thinners ignited and created a fireball, which blew BR from the skip, inflicting substantial burns to his arms and legs. Following the incident, DGS did not give the worker first aid, nor did he send him to the hospital. Further to this, he ignored a legal requirement to inform the HSE of the accident, which was only reported later by a third party.

RGS did not co-operate with the HSE investigation and argued SCS had closed and was no longer able to trade. SCS and a second construction company, Quality Builders (Pontypridd) are listed at Companies House as being dissolved. However, investigating officers found that Stead was listed as being director of a third company, DS Quality Construction Services, which is still actively trading.

The case was first heard at Merthyr Tydfil Magistrates’ Court in January 2017 where Stead made an early guilty plea to breaching section 37 of the Health and Safety at Work Act and section 4(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). It was passed for sentencing at Cardiff Crown Court on 6 February 2017, where Judge Jeremy Jenkins took into account the fact that neither BR nor another worker present had received any training. He also noted that RGS’s employer’s liability insurance had lapsed and had not been renewed and that the effect of the injuries on the young worker had been profound. Judge Jenkins said: “The fact that you didn’t phone for an ambulance was unforgivable”.

He determined that Stead’s culpability was very high, and the harm fell in Category 2 (of the new Sentencing Guidelines) as the incident resulted in “physical or mental impairment which has a substantial and long-term effect on the sufferer’s ability to carry out normal day-to-day activities”.

Judge Jenkins imposed a 32-week prison sentence, which took into account RGS’s early guilty plea. Jail for Director – RGS was taken into immediate custody to serve his sentence concurrently with half served on release under licence. The judge also disqualified him from being a company director for seven years. No compensation or costs were awarded but RGS was required to pay a £140 victim surcharge.

The post Jail for Director – following serious fire injury to worker appeared first on LRB.

Lone worker death – A manufacturing company based in Hemel Hampstead has been fined £1,000,000 (one million pounds) after a worker (who was on his own) was crushed to death by falling machinery.

CR (aged 48) from Lincolnshire, was involved in moving a large CNC milling machine within the company’s Grantham factory on 30 April 2015. During this operation the CNC machine overturned, crushing him fatally. The machine had been lifted using jacks and placed onto skates to give CR access to use an angle grinder to cut and remove the bolts that had secured it to the floor. CR was working alone at the time of the incident.

Lincoln Magistrates Court heard how Parker Hannifin Manufacturing Ltd had not ensured that workers who were tasked with lifting and moving the machine were sufficiently trained and had the right experience and training for carrying out such a potentially dangerous activity. During its investigation, the HSE found that the work was not properly planned. The centre of gravity of the machine had not been properly assessed and taken into account before the move took place. This resulted in an unsafe system of work being used for the job, with fatal consequences.

Parker Hannifin Manufacturing Ltd, Maylands Avenue, Hemel Hempstead, Hertfordshire pleaded guilty to breaching Reg 3(1) of Management of Health and Safety at Work Regulations 1999 and Section 2(1) of the Health and Safety at Work, etc. Act 1974. They were fined £1million for breaching Section 2, with full costs £6,311 and a victim surcharge of £120.

HSE Inspector Martin Giles said:

“CR’s death was entirely preventable. Parker Hannifin Manufacturing Ltd had already tried unsuccessfully to lift the machine using a fork lift truck but instead of learning from this failure they carried on. Their ad hoc approach to managing dangerous tasks resulted in one of their workers losing his life.

“All companies can learn from this incident and make sure they have properly risk assessed the situation before they start and that they have trained staff with the right type of experience to carry out the task in hand safely. Taking an extra few minutes to properly think through a problem could save a worker’s life.”

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Truro Crown Court heard how RS was stacking 3m roofing sheets on the flat roof of the property without any edge protection. The safety railing had been removed to allow access to the flat roof so the sheets could be stacked. The court also heard how one of the defendants replaced the safety rail following the incident to cover up the cause of the incident.

The Health and Safety Executive’s investigation, alongside Devon and Cornwall police found that Colin Marshall Scaffolding was not qualified to erect the scaffolding, and there was evidence no personal protective equipment, such as harnesses, was used. The condition of the scaffolding also failed to meet current safety standards. Another worker dies from a fall; another family suffers the loss of a loved one.

Colin Marshall, of St Austell, founder of the business pleaded guilty to Section 2(1) of the Health and Safety at Work, etc. Act 1974 and was given a four-month prison sentence suspended for two years. James Marshall (Colin’s son and business partner) was handed an eight-month sentence suspended for two years. They were ordered to pay costs of £25,661.

HSE inspector said,

“Construction is one of the most dangerous industries in Great Britain and businesses have to take the safety of their workers seriously. Colin Marshall and James Marshall are responsible for the death of RS. It was entirely preventable and should not have happened. The risks of working at height are known. Scaffolders must ensure they use the right protective equipment and have sufficient edge protection in place to prevent workers falling.”

All too often we report that another Worker dies from a fall – like this one, most of them are avoidable

The post Worker dies from a fall – another work at height tragedy appeared first on LRB.

Key Facts:

• A roofer and national timber supplier prosecuted after death of worker.
• Serious safety failings were identified at the site where the employee fell over 8m to his death.
• Both parties pleaded guilty to breaching sections of the Health and Safety at Work etc Act 1974.

The Case:

A roofer and a national timber supplier have both been prosecuted following a worker’s fell to his death whilst working at height.

The employee  was working for the roofer at the timber supplier’s site when he plunged over 8m through a fragile roof.

The subsequent HSE investigation found that the timber firm had contracted the roofer to fix a leaking roof at the site, but had failed to check his competence before the work began, nor had they assessed the risks associated with the work.

The investigation found that the roofer had not planned the work appropriately, and had failed to carry out a suitable risk assessment, or provide an method statement detailing how work would be carried out. No safe access to the roof was provided; access was via an incorrectly assembled tower scaffold and an untied ladder. No suitable working platform, covering or guard rails were provided.

The case was heard at Southwark Crown Court in May 2015, where the roofer pleaded guilty to a breach of Section 3(2) of the Health and Safety at Work etc Act 1974. He was sentenced to 4 months in prison, suspended for 12 months, and fined £3,000 plus costs of £11,756.The timber supply pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. They were subsequently fined £93,750 and ordered to pay costs of £12,580.

What the HSE inspector had to say:

Speaking after the incident, HSE inspector Chris Tilley said:

‘Falls through fragile roofs are sadly all too common but this tragic incident could have been avoided if adequate checks had been carried out on the contractor’s competence, the work been planned properly and carried out with the correct equipment.

The dangers of working at height are well-known in the construction industry and guidance is widely available. The work here should ideally have been undertaken without the need to directly access the roof, for example by using a Mobile Elevated Working Platform, or, if that is not possible, with safety measures to minimise the risk of falling such as or netting, crawling boards and fall arrest harnesses.

Falls from height continue to be the most common cause of fatality to workers and accounted for 29% of deaths reported to HSE in 2013/14 – meaning that 19 workers lost their lives in falls that were avoidable.’

What the law states: 

Section 3(1) of the Health and Safety at Work etc Act 1974 states:

‘It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.’

Section 3(2) of the Health and Safety at Work etc Act 1974 states: ‘

It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.’

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The post Health and Safety Failings – Timber Supplier and Roofer Prosecuted After Worker’s Death appeared first on LRB.