Companies fined after racking collapse, killing two workers
Two companies have been fined following an incident which resulted in the deaths of two workers in West Yorkshire.
On 29 October 2020, a self-employed worker was attending the site in Bingley on behalf of a company called Collins Site Services. A racking system at the site, which belonged to Space Productiv Ltd, was being tested in the presence of the managing director of this company. When test weights were applied, some of which weighed up to two tonnes, when the structure began to collapse.
The two men had been working from a mobile elevating work platform (MEWP) next to the racking structure as it was being loaded. The collapsing racking struck the MEWP, causing it to overturn while both men were inside. Both men sustained fatal injuries and died shortly afterwards.
An HSE investigation found that both companies failed to adequately assess the risks arising from the work being undertaken and failed to put in place a safe system of work to ensure the health and safety of those involved.
The HSE found that the planned and implemented systems of work were unsafe. Workers were positioned within the collapse zone of the racking during testing, placing them at serious risk should the structure fail.
Breaches
Space Productiv Ltd pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974:
- Section 2(1) applies a duty on employers 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 employers to conduct their undertaking in such a way to ensure, so far as is reasonably practicable, persons they do not employ who may be affected are not exposed to risks to their heath or safety.
Collins Site Services Ltd pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
Penalties
Space Productiv Ltd was fined £97,500 and ordered to pay £17,377 in costs.
Collins Site Services Ltd was fined £60,000 and ordered to pay £10,292 in costs.
Forge in the West Midlands fined for death of employee who became entangled in a lathe
A forge in Halesowen has been fined three-quarters of a million pounds after an employee died due to entanglement with a lathe.
On 8 December 2023, the worker was using a handheld emery cloth to finish a rotating component on a 20-metre long lathe. The man was employed as a machinist at the forge. While using the cloth, the man became entangled in the dangerous moving parts of the lathe and sustained catastrophic injuries. Despite efforts by the emergency services, the worker died later that evening.
An HSE investigation found that Somers Forge Limited had failed to:
- prohibit the use of handheld emery cloth on lathes;
- prevent access to dangerous moving parts of the lathe;
- ensure that personal protective equipment (PPE) worn by workers did not create a risk of being injured by, or drawn into, the lathe; and
- Undertake a suitable and sufficient risk assessment for the lathe, or establish a safe operating procedure.
The HSE has provided guidance on using emery cloth on metalworking lathes. This states that it is never acceptable to apply emery cloth by hand to a rotating component, as there is a risk of the operator becoming entangled or dragged into the danger zone.
Breach
Somers Forge Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
Penalty
Somers Forge Limited was fined £750,000 and ordered to pay £38,314 in costs.
Housing association maintenance company fined after employee fatality
A maintenance company has been handed a six-figure fine after an employee died from inhaling toxic vapours while laying a floor.
On 9 December 2020, a worker was laying a vinyl bathroom floor at a domestic property in Hoddesdon, Hertfordshire. The worker’s employer had purchased an adhesive containing Dichloromethane (DCM), which is a highly volatile solvent. The use of small volumes of DCM products large amounts of colourless, low odour vapour, even at room temperature. The employee used this regularly during his employment.
On the day of the worker’s death, the hose to the pressurised glue canister became damaged. This led to the release of a large amount of adhesive into the poorly ventilated bathroom. The worker lost consciousness and collapsed. Emergency services had to force entry to the bathroom to reach him.
An HSE investigation found that Connect Property Services Limited had failed to take appropriate precautions to ensure substances hazardous to health were not used when safer alternatives are available.
HSE guidance on Dichloromethane (DCM) prioritises avoiding the use of DCM-based products whenever reasonably practicable, by using suitable and safer alternative products or methods. DCM-based products should only be used in well-ventilated areas to prevent the build-up of vapour.
Breach
Connect Property Services Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
Penalty
Connect Property Services Limited was fined £400,000 and ordered to pay costs of £9676.81 with a surcharge of £190.
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