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HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

Tips for purchasing occupational health services

This document provides guidance on occupational health support available to businesses.

Fine following fatality at Lincolnshire recycling plant

Mid-UK Recycling Limited has been fined following the death of an agency worker at its waste transfer station in Ancaster in 2013.

The worker was cleaning near a conveyor when it commenced operation and drew him into the machinery. The worker was drawn through a trammel and ultimately into an industrial waste shredder.

An investigation by the HSE found that a fixed gate which prevented access to the conveyor area had been removed before the incident. Management were aware of the missing gate at the time of the fatal accident.

Additionally, it was found the company had failed to design and install a recycling line that was safe to work with and around, including providing pedestrian safe routes. Machine guarding was found to be missing and agency workers were not adequately trained or supervised.

Breaches

Mid-UK Recycling pleaded guilty to breaching Section 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. The Managing Director and Operations Director 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.

Penalty

Mid-UK Recycling was fined £880,000 and ordered to pay costs of £100,000.

The Managing Director was given a 20 week prison sentence, suspended for two years and fined £50,000.

The Operations Director was given a 20 week prison sentence and suspended for two years.

Diver sentenced for certificate fraud

A man has been sentenced for supplying falsified medical certificates to a client in 2016 in order to work as a commercial diver.

The man, Daniel Tennant, did not hold a valid medical certificate of fitness to dive. An HSE investigation found that the man had altered a certificate previously issued to provide a false expiry date.

Breaches

Daniel Tennant pleaded guilty to six breaches of Regulation 12(1)(b) of the Diving at Work Regulations 1997 and one breach of Section 33 (1)(m) of the Health and Safety at Work etc. Act 1974.

• Regulation 12(1)(b) of the Diving at Work Regulations 1997 prohibits divers from diving unless they have a valid certificate of medical fitness to dive.
• Section 33 (1)(m) of the Health and Safety at Work etc. Act 1974 makes it an offence to forge or use a document issued under an item of health and safety legislation.

Penalty

Daniel Tennant was sentenced to 32 weeks imprisonment suspended for 12 months, 150 hours community service and ordered to pay costs of £12,000.

Firm sentenced for inadequate legionella risk control.

De-Met Colourcoat Limited has been fined for failing to put in place effective management controls against legionella bacteria arising from the use of tunnel wash associated with a powder coating process.

An investigation by the HSE identified that employees and contractors had been placed at risk of exposure to legionella. The company did not have any controls in place for its water system at the firm’s plant in Dudley.

Breach

The company pleaded guilty to breaching Section 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974.

Penalty

De-Met Colourcoat was fined £10,000 and ordered to pay costs of £5,067.68.