Climate Greenspace Health and Safety Legal Update: October 2014


Welcome to the Climate Greenspace Health and Safety Legal Update: October 2014 monthly email as part of your subscription to Waterman's Greenspace platform. The monthly updates show any:

  • new legal entries added to your register;
  • amendments to legal entries in your register; and
  • legal entries removed from your legal register.

It also contains links to new publications from Government and regulatory bodies and examples of relevant offences, highlighting how legislation is implemented and enforced in practice.
As well as receiving this update by email you will also find it saved on your Greenspace site under the Legal Register > Monthly Updates tab at the top of your Greenspace page.


 
 
 
 
October 2014
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 
  1. acquiring, keeping and transferring relevant explosives;
  2. manufacturing, storing, transferring and placing on the market civil explosives;
  3. manufacturing, possessing or transferring plastic explosives.
 
 
 
 
 
 
 
Offences
 
 

Somerset firm sentenced following worker’s death in explosion

A horticultural company has been fined after a worker died and three others were seriously injured in an explosion while emptying a pressurised tank used to heat greenhouses.

The court heard that two workers were asked to unbolt a hatch cover from a pressure vessel while there was still pressure in the system. This caused a devastating release of pressure that sent the hatch cover flying across the room followed by a large jet of water that swept everyone off their feet. 

 In addition to Mr James’s fatal injuries, the three other men standing nearby suffered severe injuries.

 Arek Kuchczynski, aged 29, was unconscious for two weeks following the incident and remained in hospital for many months after suffering injuries to his head and skull, and damage to his forearm, requiring three operations and a skin graft.

Roger Mees, a 43 year old horticultural manager, suffered serious trauma to his head including a broken jaw, heavy bruising to his face, damage to his teeth, a cut across the nose, black eyes and a two-inch deep cut to his lip. Horticultural technician Radoslau Dimitov, aged 25, also suffered a fractured arm.

HSE’s investigation found that the work was not properly planned, that workers had not been properly trained or supervised, and that at least one of them spoke very little English, which made it difficult to understand instructions.

The court was told the hatch should not have been removed until all the pressure had been safely released from the system.

Cantelo Nurseries Ltd, of Bradon Farm, Isle Abbotts, Taunton, pleaded guilty to two breaches of health and safety legislation and was fined a total of £80,000 and ordered to pay £59,812 in costs.

Paper firm fined for pallet fall failings

The UK division of a pan-European paper company has been fined for safety failings after a worker broke her leg in three places when poorly stacked pallets of paper collapsed.

The firm, part of the Holland-based Colombier Group, was prosecuted by the Health and Safety Executive (HSE) for failing to implement effective control measures in the stacking of heavy items.

Maidstone Magistrates Court heard (23 October) that the worker had helped to recover two pallet loads of paper that had collapsed and spilled from a stack at Colombier’s warehouse .

As she walked away further pallets slipped from the stack and struck her leg, causing the triple break.

HSE identified that although risks arising from falling stacks were identified by the company as a concern, the risk assessment did not address this particular work activity, so the actual process for controlling this risk was virtually non-existent. The system for stacking pallets in open areas of the warehouse did not follow HSE or industry guidance.

Magistrates were told there were two recorded incidents of stacks falling prior to the leg break incident, and that on a further three occasions the issue had been raised at management level. However, this information did not result in any practical change.

The company has since revised its management process.

Colombier (UK) Ltd, of the Eurolink Industrial Estate, Castle Road, Sittingbourne, was fined a total of £30,000 and ordered to pay £4,496 in costs after pleading guilty to two breaches of the Management of Health and Safety at Work Regulations 1999.

Oldham factory sentenced over worker’s death

An Oldham manufacturer has been ordered to pay £125,000 in fines and costs after an employee was killed when he was struck by a three-tonne piece of steel being lifted by an overhead crane.

Michael Wickstead, 63, from Radcliffe, was working for Refinery Supplies Ltd on the Greengate Industrial Estate in Chadderton when two overhead cranes collided. The impact sent a steel container toppling, striking Mr Wickstead and causing fatal crush injuries.

The company was prosecuted by the Health and Safety Executive (HSE) after an investigation into the incident, on 11 July 2011, found a safe system of work had not been in place at the factory.

Manchester Crown Court heard today (24 October 2014) that Mr Wickstead had been involved in manufacturing a large steel container, used to hold molten lead or zinc, which had been resting on a stand with chains hanging down to it from an overhead crane.

A colleague was using another crane on the same overhead rail to move another container when the cranes collided, knocking the one Mr Wickstead was working on off its stand.

The court was told Refinery Supplies should have had a clear working system in place to prevent workers from being injured by the cranes. This could have included fitting anti-collision devices to the cranes, or making sure there was a safe method in place to avoid the two cranes coming into contact with each other.

Refinery Supplies Ltd, of Greenside Way in Chadderton, was fined £90,000 and ordered to pay £35,000 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.

 
 
 
 
 
 
Kenny Wintle
e: kenny.wintle@watermangroup.com

Waterman Infrastructure & Environment Ltd
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Pickfords Wharf | Clink St | London | SE1 9DG, t: 0207 928 7888

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