No new health and safety publications or guidance were issued during October 2016.

Bolton night club owner fined over asbestos exposure

Charles McGrath, the sole director of UK Night Life Limited, had failed to carry out a survey for asbestos before starting the refurbishment of a night club in Bolton.

Up to 20 workers were potentially exposed to asbestos fibres in order for the club to open in time for university fresher’s week. The refurbishment took place without an experienced contractor in place to manage the site.

Breach

Charles McGrath pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974, and Regulations 5(a) and 16 of the Control of Asbestos Regulations 2012.

• Section 3(1) of the Health and Safety at Work etc Act 1974 states that is 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.
• Regulation 5(a) of the Control of Asbestos Regulations 2012 states that an employer must not undertake work in demolition, maintenance or any other work which exposes or is liable to expose employees of that employer to asbestos
• Regulation 16 of the Control of Asbestos Regulations 2012 states that every employer must prevent or reduce to the lowest level reasonably practicable the spread of asbestos from any place where work under the employer’s control is carried out.

Penalty

Mr McGrath was fined £5,720 with and ordered to pay costs of £3,535.86.

Supermarket in court after worker injured in roof fall

Tesco has been fined after health and safety breaches led to a worker falling through a skylight. The injury occurred at a store in Wallasey in June 2014. The injured party, an employee of Tesco Maintenance Ltd, fell 30 foot but suffered only minor injuries.

An investigation found that no risk assessment or method statement had been produced prior to the work. The fragile skylights should have been identified and precautions taken, but Tesco Maintenance Ltd had received no information relating to the fragility of the roof from their client Tesco Stores Ltd.

Breach

Tesco Stores Ltd pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and Regulation 10 of the Construction (Design and Management) Regulations 2007.

• Section 3(1) of the Health and Safety at Work etc Act 1974 states that is 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.
• Regulation 10 of the Construction (Design and Management) Regulations 2007 cover Client’s duties in relation to information. Every person designing the structure and every contractor appointed must be provided with pre-construction information.

Tesco Maintenance Ltd of pleaded guilty to breaching Regulation 9 of the Work at Height Regulations 2005 and Section 2(1) of the Health and Safety at Work etc. Act 1974.

• Regulation 9 of the Work at Height Regulations 2005 requires that every employer ensures that no person at work passes across or near, or works on, from or near, a fragile surface where it is reasonably practicable to carry out work safely and under appropriate ergonomic conditions without his doing so.
• Section 2(1) of the Health and Safety at Work Act etc. Act 1974 states that it shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

Penalty

Tesco Stores Ltd was fined £200,000 and ordered to pay costs of £712.70.

Tesco Maintenance Ltd was fined £300,000 and ordered to pay costs of £624.40.

Paper mill worker left with disabling crush injuries

A Halifax paper mill firm has been fined for safety breaches after a worker suffered severe crush injuries to his right hand.

The injury occurred when the worker was changing a couch roll on a board machine. Crushing injuries severed the worker’s middle finger, and subsequent amputation was required of his index and ring fingers. The injured worker is now registered as partly disabled.

The court heard that Sonoco Cores & Paper Ltd had not prepared a suitable and sufficient risk assessment for the task and had failed to provide a safe system of work.

Breach

Sonoco Cores & Paper Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

• Section 2(1) of the Health and Safety at Work Act etc. Act 1974 states that it shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

Penalty

Halifax Paper Mill was fined £120,000 with costs of £6,354.