Builder receives prison sentence for safety and RIDDOR failures
A builder has been imprisoned after he failed to report a serious incident at a construction site he was in charge of.
On 8 January 2019, a worker was clearing a site in New Malden with an excavator so a new house could be built. The excavator tipped while undertaking digging operation and trapped the operator’s leg. This resulted in an amputation.
An HSE investigation found that the worker had no formal training for operating excavators and had requested a 3-ton model was provided for the work. However, only a smaller 1.7-ton excavator was provided and the worker was put under pressure to use this.
The incident was not reported to the HSE within ten days as required under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. Additionally, the defendant had not investigated the incident. As a result, the HSE was only able to start an investigation more than eight months later when the victim complained. By this time crucial evidence relating to the cause of the incident was unobtainable and the work was almost completed.
There was no health and safety related documentation and there was no employer’s insurance cover for the worker claim against. The builder had not obtained any health and safety related training during his 50 years in the construction industry.
Breach
The builder pleaded guilty to a breach of Regulation 3(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
- Regulation 3(1) defines the responsible person for reporting and recording incidents under these regulations.
Penalty
The man received a 24-week custodial sentence and was ordered to pay costs of £2,033.
Automotive manufacturer fined after employee had allergic reaction at work
An automotive company has been sentenced after an employee developed an allergic form of dermatitis after contact with metalworking fluids.
On 24 April 2019, an employee was splashed on the face and upper body with metalworking fluid whilst cleaning out a grinding machine at a manufacturing site in Thatcham. As a result of the contact, the employee had an allergic reaction, consisting of a very painful burning sensation, inflamed, broken and oozing skin. The employee was diagnosed with allergic contact dermatitis.
Allergic contact dermatitis is a permanent allergy, which means that even small quantities of this substance can result in a further serious reactions. The employee received medical advice that they could no longer continue in their job as it was a risk to their health.
An HSE investigation found that Xtrac Ltd had failed to carry out a suitable and sufficient risk assessment to identify the potential for exposure to the hazardous chemicals. The company had not implemented necessary controls to prevent skin contact. This was particularly important in this case as the company was aware the employee had a history of dermatitis.
Breach
Xtrac Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974:
- Section 2(1) requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees.
Penalty
Xtrac Ltd was fined £100,000 and ordered to pay costs of £639.59
Manufacturer fined for failing to maintain a truck in an acceptable condition
A metal manufacturer has been fined following an incident involving a work vehicle.
On 20 November 2017, the side loader fork truck was involved in an incident where an employee was trapped between the truck and a rack containing metal pipes at the site in Nottingham.
The company had failed to maintain the side loader fork truck by ensuring that it was in efficient working order and in good repair.
An HSE investigation found that the company did not maintain the side loader as per the manufacturer’s specifications. This left the company’s employees exposed to risk.
Breach
Fabrikat (Nottingham) Limited pleaded guilty to breaching Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998.
- Regulation 5(1) requires that every employer ensures work equipment is maintained in an efficient state, in efficient working order and in good repair
Penalty
Fabrikat (Nottingham) Limited was fined £80,000 and ordered to pay costs of £6,478.
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