Fines for vehicle sales company and occupational health provider
A Doncaster motor sales company and their Occupational Health & Safety Consultants have been sentenced for safety breaches after a worker developed Hand-Arm Vibration Syndrome (HAVS).
In 2013 an employee was working as a small to medium area repair technology (SMART) repairer at the site. The worker regularly used handheld power tools as part of this role and was diagnosed with HAVS.
An HSE investigation found that the motor sales company had failed to adequately assess and control the foreseeable risk to SMART repairers. Following the diagnosis, the company took no action to protect the employee from further damage to his health and his condition was not reported to the authorities as required by law.
S & Ash Ltd was engaged by the company to provide HAVS health surveillance for employees. The HSE investigation also found that following the health surveillance, S & Ash Ltd failed to provide suitable and accurate advice to the employer and had not informed the employee of the results of his health surveillance, even when specifically requested to do so by him.
Breaches
Perrys Motor Sales Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and Regulation 8 of The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013.
S & Ash Ltd (previously known as Sound Advice Safety and Health Ltd.) pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. 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 heath and safety.
Penalties
Perrys Motor Sales Ltd was fined £140,000 and ordered to pay £7,658.67 in costs.
S & Ash Ltd was fined £4,000 and ordered to pay £8,716.17 in costs.
Company fined after worker receives serious burns
A plumbing and heating company has been fined after an employee suffered serious burns following an explosion at a domestic property in Preesall, Lancashire.
On 13 March 2019, an employee of John Leadley Limited was replacing a gas boiler in the hallway of a bungalow. As part of this work, the employee was installing new water pipes. When soldering the water pipes there was a sudden explosion, which caused serious burn injuries to a worker. The homeowners were in the property at the time of the explosion and were also put at risk of serious injury.
An HSE investigation found that a flammable atmosphere had developed within the hallway of the property, which was subsequently ignited by a blow torch. A gas supply pipe has been cut prior to installation of the new boiler, but the open end of that pipe had not been sealed with an appropriate fitting. The gas supply had also not been correctly isolated from the property, allowing gas to pass through the open-ended pipe into the hallway.
Breaches
John Leadley Limited pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health & Safety at Work etc Act 1974.
Penalty
John Leadley Limited was fined £5,000 and ordered to pay costs of £4,756.35.
Fines for concrete manufacturer after employee injured and another dies
The concrete manufacturer Treanor Pujol Ltd has been sentenced for safety breaches following two separate incidents, including the death of an employee and series injuries to a second worker. Fines were also applied for severe electrical safety failings found.
Fatality
On 5 June 2014 an employee was operating a mobile saw unit on Line 12 at the factory in Stourton, Leeds, while another employee was operating a mobile bed cleaner on Line 11. The first employee was standing on the footwell of the saw unit when the other machine passed on the adjacent production line.
As the bed cleaner came past, the employee’s head was crushed between the frames of the two machines. The worker was killed instantly.
An HSE Investigation found that it was the nature of production for machines to routinely pass each other on adjacent lines. On lines 11 and 12 the gap between the passing bed cleaner and saw machines was very small (between 65 and 93mm at different parts of the frames).
It was identified that the company had failed to identify the risk of crushing posed by the passing machines, failed to devise a safe system of work to control this risk and failed to provide adequate training in such a procedure to employees.
Severe Injuries in Second Incident
On 12 April 2018 a 47-year-old employee was operating a hooks machine, which embeds hooks into precast concrete when a fault developed. While attempting to reset the machine, the worker’s elbow leant on a concrete dispenser box and a metal shutter designed to close off the flow of concrete. The metal shutter closed, trapping his hand. This resulted in a fracture and partial de-gloving of his left hand.
An HSE investigation found that the machine was not fitted with working interlocks, meaning that several of the machine doors could be opened to gain access to dangerous moving parts while the machine was operating.
Electrical Safety Failings
During the early stages of the HSE investigation into the fatality, HSE inspectors noticed several electrical safety concerns with the equipment in the manufacturing shed.
During visits between 2014 and 2018, HSE inspectors discovered further failings, one of which related to electrical equipment not being suitably constructed or protected from the environment. It was left in wet, dirty, dusty and corrosive conditions, which resulted in rapid deterioration and safety features becoming inoperable over time. This exposed employees to a risk of serious personal injury or death.
Breaches
Treanor Pujol Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998, and Regulation 3(1)(a) of the Electricity at Work Regulations 1989 by failing to comply with Regulation 6(c).
Penalty
Treanor Pujol Ltd was fined £285,000 and ordered to pay costs of £56,324.97.
|
