New publications this month:
HEALTH AND SAFETY EXECUTIVE
Operating a complaints system for building safety in a high-rise residential building
This document sets out duties and responsibilities of principal accountable persons for high-rise residential buildings.
Safety Notices
Safety notice: Overfill of vapour recovery units
This notice concerns an investigation into gasoline overfills of carbon adsorption vapour recovery units, which identified design concerns.
Safety notice: Lorry loaders crush risk from powered tilting stabilisers
This notice concerns risks posed by lorry loaders with powered ‘tilting’ stabilisers, which can lead to persons being crushed against the bodywork of the vehicle when the stabilisers are being retracted.
MARITIME AND COASTGUARD AGENCY (MCA)
The following notes and notices relevant to occupational health and safety were published or updated during December 2023:
Textiles firm fined £100,000 after worker loses hand
A linen services company has been fined £100,000 after a man’s hand had to be amputated.
On 24 June 2021, the worker suffered serious injuries to his hand after it became trapped in machinery at the laundry operated by Johnsons Textile Services Limited in Chester. The injuries were so serious that the worker’s hand was later surgically amputated above the wrist.
The worker had been investigating a fault on a large commercial dryer when he was caught by the machine. He had been working on a step ladder and as he lost his balance, he reached out to prevent a fall, resulting in his arm being crushed by the mechanism. The worker was left trapped and in extreme pain as he tried to call for help.
The moving parts of the dryer were unguarded. Although there was a one metre exclusion rule around the machine, this was vague and took no account of a person making an involuntary movement towards the danger area.
An HSE investigation found that Johnsons Textile Services Limited had not fully assessed the risks involved, had not provided suitable guarding, and failed to put in place an adequate safe system of work.
Breach
Johnsons Textile Services Limited pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998:
Penalty
Johnsons Textile Services Limited was fined £100,000 and was ordered to pay £10,741.69 in costs.
Six-figure fine following worker fatality
Nationwide Platforms Limited has received a £900,000 fine after a father-of-two was crushed to death at its premises in Liskeard, Cornwall.
On 4 November 2021, the man was operating a scissor lift from the ground to clear an access path so he could move pieces of machinery out of the workshop and load it onto his lorry in the yard. The worker was working for Nationwide as an LGV driver. The moveable controls on the scissor lift were in a position meaning that their direction was inverted, so when the man operated the machinery, it came towards him and crushed him against a static scissor lift.
An HSE investigation found that Nationwide Platforms Limited had failed to sufficiently consider the dangers of operating machinery via moveable controls, and failed to provide appropriate monitoring and supervision during the morning when drivers were loading machinery onto their lorries.
Nationwide Platforms Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974:
Nationwide Platforms Limited was fined £900,000 and ordered to pay £12,405 in costs.
Joinery firm pleads guilty to health and safety failings
A London joinery firm has been fined for health and safety failings, including putting its workers at risk of exposure to wood dust.
In May 2022, DLD Joinery Limited was inspected by the HSE as part of the workplace regulator’s ‘Dust Kills’ campaign. This campaign targeted woodworking businesses due to the significant health risks associated with wood dust.
The HSE inspector identified multiple failings related to control of exposure to wood dust, including excessive levels of settled dust around the site, as well as unguarded woodworking machinery and unclean toilets.
Some of the company’s local exhaust ventilation (LEV) systems, which are used to extract wood dust at source during machining of wood, were damaged, and the arrangements to clean up residual wood dust not captured by these systems were ineffective.
The company had also failed to carry out repairs to its LEV systems recommended by external examiners four years previously to ensure they would extract wood dust more effectively. In addition, the employee toilets were extremely dirty and there was no system in place to ensure they were regularly cleaned.
The company had been served with enforcement notices relating to its control of exposure to wood dust on two previous occasions in 2009 and 2014.
Following the inspection in May 2022, the company was served four improvement notices by the HSE. However, the firm failed to comply with two of these notices by the deadlines set, which related to face-fit testing for respiratory protective equipment and health surveillance for occupation asthma.
Breaches
DLD Joinery Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974, as well as failing to comply with two Improvement Notices.
DLD Joinery Limited was fined £14,000 and ordered to pay £5,092.62 in costs.
