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OFFICE OF RAIL AND ROAD (ORR)

Fitness for work

This guidance aims to bring together the key legal requirements associated with the management of fitness to work in the rail sector.

Prosecution for unsafe storage of unauthorised biocides

A Lowestoft-based pest control company and one of its Directors has been sentenced for the unsafe storage of non-approved biocides and pesticides.

The HSE carried out in the inspection after an initial investigation by Natural England into the alleged secondary poisoning of a tawny owl by a rodenticide.

The HSE identified that unauthorised biocidal compounds were held at the premises. The HSE investigation found that part filled canisters of phostoxin, which releases the poisonous gas phosphine in contact with moisture, was stored within a filing cabinet.

Breaches

Rodent Service (East Anglia) Ltd pleaded guilty to breaching Section 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. A Director of the business, Donald Eric Martin, also pleaded guilty to breaching Section 37 of the same Act.

• Section 2(1) requires that every employer ensures, so far as is reasonably practicable, the health, safety and welfare at work of all employees.
• Section 3(1) requires that employers conduct their activities in a way to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected are not exposed to risks to their health and safety.
• Section 37 makes directors, managers, secretaries or similar officers of an organisation liable where the offence was committed with their consent or connivance or was attributable to negligence.

Penalties

Rodent Service (East Anglia) Ltd was fined £100,000 and ordered to pay costs of £10,000 with a victim surcharge of £170.

Donald Eric Martin was sentenced to six months in prison, suspended for 12 months, and ordered to pay costs of £1,000 and a victim surcharge of £115.

Principal contractor and sub-contractor sentenced after road worker fatality

A Principal contractor (Kier Integrated Services Ltd) and sub-contractor (Sean Hegarty Ltd) have been fined after an employee was struck by a vehicle during road surface repair operations.

The incident occurred on 13 May 2015, when employees of Sean Hegarty Ltd were using a road planer to remove tar from the south bound side of the road, while the north bound side was under traffic light control. The driver of the company’s flatbed lorry observed a colleague lying in the road to the rear of the vehicle, which had been reversing slowly behind the road planer to collect debris.

The injured man was taken to hospital but later died of his injuries.

An HSE investigation found that the companies had failed to ensure the road planer could operate in a way to allow vehicles and pedestrians to move safely around the roadworks.

Breaches

Kier Integrated Services Ltd pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.

Sean Hegarty Ltd pleaded guilty to breaching Section 2(2) of the same Act.

• Section 2(2) sets out particular requirements on the duty to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.

Penalty

Kier Integrated Services Ltd was fined £1.8million, with £12,405 in costs plus a victim surcharge of £120.

Sean Hegarty Ltd was fined £75,000 and ordered to pay £12,405 in costs (plus a victim surcharge of £120).

Fines after man electrocuted at livestock feed supplier

A feed supplier has been prosecuted after a man was fatally electrocuted in January 2015.

The injury occurred when the arm of a loader crane in use during a scrap metal collection hit overhead power lines.

The HSE investigation of the incident identified that scrap metal had been left under live 11kV power lines. When operating the crane to move the scrap metal, the grab touched the lines and became entangled in them. The operator of the crane received an electric shock and died. A friend of the crane operator attempted to rescue him, and was also electrocuted.

Breach

JH Willis & Sons pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974.

Penalty

JH Willis & Sons was fined £85,000 and ordered to pay costs of £11,823.50.