Glass processor fined after fatal accident
A Ballynahinch-based glass processing company, Glas-Seal (NI) Ltd, has been fined for failing to ensure the safety of its employees.
On 19 May 2022, a large pack of glass, known in industry as an “end-cap”, collapsed and fatally struck a worker. This led to the death of the worker.
An HSENI investigation found that Glas-Seal (NI) Ltd failed to conduct a comprehensive risk assessment for the storage, handling, and processing of large glass packs. Further to this, the company did not have sufficient measures in place to ensure safe storage of the end-caps, which posed a significant hazard. Furthermore, the company failed to ensure that employees were properly trained to manage these risks.
Breach
Glas-Seal (NI) Ltd pleaded guilty to breaching Article 4(1) of the Health and Safety Work at Work Order (Northern Ireland) 1978:
- Article 4(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 his employees.
Penalty
Glas-Seal (NI) Ltd was fined £30,000.
Fines following explosion at an anaerobic digestion plant
A company which produces electricity from food waste by anaerobic digestion, has been fined more after an explosion led to life changing injuries to two employees.
On 20 September 2017, two employees were using a grinder to cut and replace pipework at the top of an 11-metre high metal tank containing waste slurry. They were not using harnesses. Sparks from the grinder ignited flammable gases, causing the tank to explode. The tank the men were working on was projected into the air before crashing to the ground nine seconds later.
One man was flung out of the mobile elevating work platform (MEWP) into the air and landed on the ground in the slurry around the tank. He suffered serious injuries to his back, head and torso and was in hospital for two months. His injuries were so severe that he was not able to work for more than two years. The man suffers from pre and post-traumatic amnesia and has no specific recollection of the events.
The second man was thrown into the air and landed back in the basket of the MEWP. Following the incident, this man’s leg was amputated and he remains wheelchair bound as treatment is still ongoing to receive a prosthesis. Also, he sustained a fractured skull and a piece of metal in his elbow that continues to affect his daily life.
A joint HSE and the Environment Agency investigation found that the company had failed to ensure the health and safety of its employees and others nearby. The company had also kept and treated waste in a manner likely to cause pollution to the environment. The explosion was caused by multiple failures in the company’s management system and exacerbated by multiple breaches of the company’s environmental permit.
Breaches
Bio Dynamic (UK) Limited pleaded guilty to breaching Section 2(1) and Section 3(1) to the Health and Safety at Work etc Act 1974:
- Section 2(1) applies a duty on every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.
- Section 3(1) applies a duty on every employer to ensure, so far as is reasonably practicable, that persons other than employers are not exposed to risks to their health or safety.
The company also pleaded guilty to breaches of the Environmental Permitting (England & Wales) Regulations 2016 and the Environmental Protection Act 1990.
Penalty
Bio Dynamic (UK) Limited was fined a total of £304,500 and ordered to pay £229,988 in costs.
Council fined after dog walker was killed by a falling tree
Cheshire East Council has been fined after a man was killed by a falling tree.
On 28 August 2020, the man was walking his dog in The Carrs in Wilmslow, when the large limb of a tree fell and struck him. He received multiple injuries and died at the scene.
An HSE investigation found that when same tree had shed another large limb in September 2019, no investigation was conducted by those responsible to assess whether the tree posed a future safety risk. The council, who controlled the park, did not have a formal overarching tree strategy to manage the risks from trees in public places, and their grounds services contractor, Ansa Environmental Services Limited, had no robust tree management policy.
Organisations who are responsible for trees in areas regularly used by members of the public often adopt a concept called “zoning,” where trees are prioritised for proactive checks based on frequency of public access. HSE guidance is available here.
Breach
Cheshire East Council pleaded guilty to breaching Section 3(1) to the Health and Safety at Work etc Act 1974.
Ansa Environmental Services Limited also pleaded guilty to breaching Section 3(1) to the Health and Safety at Work etc Act 1974.
Penalty
Cheshire East Council was fined £500,000 and ordered to pay £7,284 costs.
Ansa Environmental Services Limited did not receive a separate penalty but was ordered to pay a nominal fine of £500.
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