Furniture retailer fined for not holding adequate insurance
A furniture retailer in Bedfordshire has been fined for not having current insurance.
An HSE investigation of Exclusive Oriental Classics Ltd was carried out after one of the company’s employees was injured at work on 1 March 2022. The HSE found that the company did not hold employers’ liability (compulsory) insurance.
The company and its Director were found to have failed to renew the insurance policy that expired on 13 May 2021.
Breaches
Exclusive Oriental Classics Ltd and the Director pleaded guilty to breaching Section 1(1) of the Employers’ Liability (Compulsory) Insurance Act 1969:
- Section 1(1) requires every employer carrying on any business in Great Britain to insure and maintain approved insurance against liability for bodily injury or disease sustained by his employees and arising out of and in the course of their employment in Great Britain in that business, but except in so far as regulations otherwise provide not including injury or disease suffered or contracted outside Great Britain.
Penalty
Exclusive Oriental Classics Ltd was fined £1,650, with a victim surcharge of £165 and costs of £1750.
The Director was fined £1,650, with a victim surcharge of £165 and costs of £1750.
Company fined after releasing a cloud of chlorine gas into their premises
A chemicals company has been fined after releasing a cloud of toxic chlorine gas that spread through its factory, yard and surrounding area. This release resulted in staff needing hospital treatment and significant damage to the factory.
On 12 June 2019, GEA Farm Technologies (UK) Ltd mistakenly mixed an Intermediate Bulk Container (IBC) containing approximately 700 kg of concentrated sulphuric acid into a mixing vessel which already contained 1,600 litres of sodium hypochlorite solution. This led to the chemicals reacting, releasing a large cloud of toxic chlorine gas.
CCTV footage showed the chlorine gas as it permeated the factory and surrounding area. There was no clear evacuation plan for workers caught on site, with several taken to hospital with breathing difficulties. Fortunately no one suffered long-term effects from exposure.
An HSE investigation found the incident occurred because a dedicated mixing plant had not been brought back into service after maintenance, and the company had failed to introduce effective records management for the temporary manual system.
Breach
GEA Farm Technologies (UK) 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
GEA Farm Technologies (UK) Ltd was fined £40,000 and ordered to pay costs of £22,000.
Company fined after worker fell from height through petrol station canopy
An engineering company has been fined after a worker fractured his pelvis and suffered internal injuries after falling through a petrol station forecourt canopy.
On 5 December 2019, the employee of G Nicholson (Engineers) Limited was replacing guttering at the top of the canopy on the company’s petrol station in Washington, Tyne and Wear. As the employee was removing corrugated metal sheets to access sections of the guttering below, he was knocked off balance when a gust of wind caught the sheet. This caused the employee to fall approximately four metres through a fragile section of the canopy onto concrete below.
An HSE investigation found that a risk assessment should have been carried out and had a method statement been produced, this would have identified the need for effective control measures to prevent employees falling from the edge of the canopy or through the exposed fragile roof surface.
Breach
G Nicholson (Engineers) Limited pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005:
Penalty
G Nicholson (Engineers) Limited was fined £20,000, with £7,825 costs and a victim surcharge of £190.
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