MARITIME AND COASTGUARD AGENCY (MCA)

Safety Bulletin 15: HSE Guidance welding fume 2019

This bulletin states actions to be taken regarding the control of mild steel welding fume on board vessels.

Football club fined after fatal fall through roof

A football club has been fined after a volunteer died when they fell through a fragile roof.

On 18 July 2017 a 71-year old volunteer at the club fell through fragile roof sheeting onto the terrace steps below.

An HSE investigation identified that St Albans City Football and Athletic Club Limited had failed to implement a suitable system to authorise certain work. The HSE also found that inadequate supervision was provided, while volunteers had been provided with keys allowing unrestricted access to the football ground. This had led to the volunteer accessing the roof to carry out repairs in an unsafe manner.

Breach

St Albans City Football and Athletic Club Ltd pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974.

• Section 3 requires that employers conduct their activities in a manner to ensure, so far as is reasonably practicable, that persons they do not employ are not exposed to risks to their health or safety.

Penalty

St Albans City Football and Athletic Club Limited was fined £1,000 and ordered to pay costs of £1,000.

Director fined after failing to comply with HSE Improvement Notice

A manufacturer of ‘glamping’ cabins and its director have been fined after failing to comply after HSE improvement notices were issued.

The HSE undertook an unannounced of inspection of the site in Beverley on 20 March 2017. This led to four improvement notices, which are required to be discharged by the deadline set. Despite three extensions, two notices remained outstanding months after the revised expiry date.

An improvement notice regarding the assessment of risks of noise exposure to employees remains outstanding.

Breaches

Glamping Cocoon Ltd was found guilty to breaching Section 33(1)(g) of the Health and Safety at Work etc. Act 1974.

The director, Nicholas Oaten was found guilty to breaching Section 33(1)(g) through Section 37(1) of the same Act.

• Section 33(1)(g) makes it an offence to breach any requirement or prohibition applied by an improvement or prohibition notice.
• Section 37(1) makes directors, managers, secretaries or other similar officers guilty of offences by the body corporate, where it is proved the offence was committed with the consent, connivance or was attributable to the neglect of these persons.

Penalties

Glamping Cocoon Ltd was fined £30,000 and ordered to pay £5,506 in costs

Nicholas Oaten was fined £2,640 and ordered to pay £5,506 in costs

Fines for two companies after worker fatally exposed to a toxic substance.

A flooring supplier and a flooring company have been fined following the death of a floor layer in London.

On 4 September 2015 the floor layer was found dead on the bathroom by the owner of a house in Mitcham. The adhesive the floor layer had been using contained a large amount of the toxic substance dichloromethane.

An HSE investigation found that T Brown Group Ltd had not implemented any systems or procedures adequately to control the risks to its employees from working in an enclosed space with a hazardous substance. The decision on the use of respiratory protection and on the type of protection required was left to the employee – the floor layer had been wearing a completely ineffectual face mask.

Altro Limited, the supplier of the adhesive, was found not to have ensured, so far as reasonably practicable, that the product supplied was safe to use at all times

Breaches

T Brown Group Ltd pleaded guilty to a breach under Section 2(1) of the Health and Safety at Work etc. Act 1974.

Altro Limited pleaded guilty to a breach under Section 6(4) of the same Act

• Section 2(1) makes it the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.
• Section 6(4) applies duties on manufacturers, importers or suppliers of substances, including to ensure, so far as is reasonably practicable, the substance will be safe and without risks to health and all times in use, handling, processing, storing or transport.

Penalties

T Brown Group Ltd was fined £250,000 and ordered to pay full costs of £23,936.

Altro Limited was fined £500,000 and ordered to pay full costs of £34,773.