Companies fined after the death of a security guard from hypothermia
Two companies have been fined after a security guard died after being found lying face down and hypothermic, in deep snow, at a remote hillside in Ayrshire.
Just after midnight on 22 January 2018 a 74-year-old security guard was found by Police Scotland’s Mountain Rescue Team at Afton Windfarm, a remote site near New Cumnock. The man later died having never regained consciousness.
Corporate Service Management Limited was contracted by Northstone (NI) Limited, who trade as Farrans, to provide security for the site. Following a site visit by the managing director and operations director of Corporate Service Management it was agreed that two guards would be required as it was known that mobile phone signals offsite are very poor.
Around lunchtime on 21 January, as forecasted, the weather deteriorated resulting in deep drifts on the road to the site and the road between the gatehouse where the security guard worked and the compound where his colleague was stationed. Although mobile phone communications were known to be poor and inconsistent, there was no landline. Two-way radios were available, but these could only be used for the guards to speak with each other and not offsite.
An HSE investigation found that when preparing their emergency weather plan, Northstone (NI) Ltd had failed to include times when nobody from the company would be present at the site. The company also failed to ensure there was a back-up generator at either of the guard’s locations to ensure that their welfare area would have heating and lighting should the main generator fail, despite this having occurred on several occasions previously. Northstone (NI) Ltd did not ensure that the security guard or his colleague had a reliable means of calling for help.
At around 17:00, the security guard’s colleague managed to obtain a signal on his mobile phone and reported to Corporate Service Management’s control room that the generator failed and the only means of transporting the men offsite, a 4×4 vehicle, had become trapped in the deep snow at the site compound. Despite this, Corporate Service Management did not call the emergency services until after 21:00.
Breaches
Northstone (NI) Limited pleaded guilty to breaching Section 3(1) of Health and Safety at Work Act 1974:
- Section 3(1) requires that employers ensure, so far as is reasonably practicable, that persons they do not employ who may be affected are not exposed to risks to their health and safety.
Corporate Service Management Limited 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.
Penalties
Northstone (NI) Limited was fined £768,000.
Corporate Service Management Limited was fined £100,800.
Galvaniser prosecuted after fatal injuries to an employee
A company that undertakes hot dip galvanizing for the corrosion protection of steelwork has been fined after an employee fatality.
On 2 February 2019 an employee was operating an overhead crane adjacent to the molten zinc bath. During this activity a tubular steel brace exploded during galvanizing, causing it to ‘rocket’ across the workshop floor, fatally striking the employee who was standing in its path. The hollow steel brace failed as it did not feature vent holes to prevent the build-up of pressure inside it during galvanizing process.
A quantity of liquid entered the brace during earlier stages of the galvanizing process. When immersed into the 450°C zinc bath, the trapped liquid turned rapidly into steam. This generated very high internal pressures which were sufficient to cause the failure of the brace, resulting in a violent explosion that propelled the steel brace across the workshop floor.
An HSE investigation found that the Hereford-based company had failed to adequately assess the risk and had not implemented suitable safe systems and methods of work for venting checks. Employees were not adequately trained or supervised when completing venting checks.
Breach
Hereford Galvanizers Limited, which operates under the trading umbrella name ‘Hereford and Shropshire Galvanizers’, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974.
Penalty
Hereford Galvanizers Limited was fined £266,000 and ordered to pay costs of £14,635.29 plus a victim surcharge £170.
Director imprisoned for failing to comply with HSE enforcement notices
A director of a former car salvage company has been jailed for failing to comply with HSE enforcement notices. These notices were served to protect the health and safety of workers in his workplace and visitors to the site.
Between 2018 and 2021 the director was in control of activities and persons working at the site known as Long Life Spares, at Graddfa Industrial Estate, Llanbradach. The director was issued four prohibition notices with respect to structural safety and the use of unsafe forklift trucks. The director failed to comply with these notices.
An HSE investigation found that the director had failed to comply with all of the prohibition notices served. However, he was aware of the risks and directed workers to act in a way that contravened the prohibitions and risked their own safety.
Breach
The director pleaded guilty to four offences that contravened Section 33 of the Health and Safety at Work Act 1974:
- Section 33 defines offences under the Act, including contravening improvement and prohibition notices.
Penalty
The director was sentenced to 12 months imprisonment.
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