New publications this month:

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

L121: Work with ionising radiation Approved Code of Practice (ACoP) and Guidance

The HSENI has approved this ACoP for use in Northern Ireland in connection with the Ionising Radiations Regulations (Northern Ireland) 2017.

Company fined after employee suffers serious burns

Mettech (Hereford) Limited, a company that produces metal sheet components, has been fined after a worker suffered burns to his face, ears and head.

The employee had been attempting to light a gas burner present within a powder coating oven.

An HSE investigation found that the gas oven did not meet current health and safety standards. The oven did not have a flame failure device to prevent the accumulation of unlit gas within it. Additionally, the gas oven had not been adequately maintained or inspected by a person competent in gas safety and the company had failed to ensure that their employees followed a safe system of work.

Breaches

Mettech (Hereford) Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

• Under Section 2 (1) every employer is required to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.

Penalty

Mettech (Hereford) Limited was fined £20,000 and ordered to pay costs of £2,685.45.

Company fined after worker injured by wall collapse

Award Winning Greenfingers Limited, a landscaping services company, has been fined after an employee suffered serious injuries when a retaining wall collapsed into a trench.

The employee had been undertaking groundworks to install a new timber retaining structure. While excavating a trench in front of an existing blockwork wall, a section of the wall collapsed and fell onto the worker, trapping them. The worker suffered a complex fracture to their pelvis which required surgery. The worker has not been able to return to work since the incident.

An HSE investigation established that the company failed to properly plan and manage the installation of the timber structure. The company had failed not to put sufficient control measures in place to prevent the collapse of the existing blockwork wall.

Breaches

Award Winning Greenfingers Ltd pleaded guilty to breaching Regulation 19(1) of the Construction (Design and Management) Regulations 2015.

• Regulation 19(1) requires that all practicable steps are taken during construction to prevent new and existing structures from collapsing if they may become unstable or are in a temporary state of weakness of instability.

Penalty

Award Winning Greenfingers Ltd was fined £20,000 and ordered to pay costs of £1,048.86 with a victim surcharge of £220.

Company fined after a Legionnaires’ disease outbreak and an explosion occurred at the same plant within a year

Faltec Europe Limited has been fined in relation to two incidents that occurred within 12 months.

Between October 2014 and June 2015 two employees, two agency workers and a local resident fell ill with Legionnaires’ disease. An HSE investigation found the illness was caused by Faltec’s failure to effectively manage its water cooling systems within the factory. This resulted in colonies of legionella bacteria growing to potentially lethal levels.

On 16 October 2015 an employee attempted to recover a part that came off production rollers at the plant in Boldon in Tyne and Wear. The part being retrieved came into contact within an electrostatic grid, which created a spark and caused a dust explosion. An explosive atmosphere was present within the machine during normal production. The employee suffered first degree burns to his face and arms.

The HSE found that adequate measures were not put in place to protect operators from explosion risks, despite previous explosions having occurred.

Breaches

Concerning the legionella incident, Faltec Europe Limited pleaded guilty to breaches of Section 2 (1) and Section 3 (1) of the Health and Safety at Work etc. Act 1974. Regarding the explosion, the company pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974.

• Section 3(1) requires every employer to ensure that people not in their employment but who may be affected by their actions do not have their health and safety put at risk. 

Penalty

Faltec Europe Limited received a fine of £800,000 for the Legionella incident and a further £800,000 for the explosion. The company was also ordered to pay costs of £75,159.73 and a victim surcharge of £120.