CONSTRUCTION HEALTH amp SAFETY CONSULTANTS amp TRAINERS

WWWCALLSAFE-SERVICESCOUK

ISSU

E 15

8 bull

AUG

2016

4 HSE hikes FFI charge to coverspiralling costs

10 HSE reviews equipment inspection laws

12 Latest Projects

2

A Yardley House 11 Horsefair Rugeley Staffordshire WS15 2EJT 01889 577 701 E enquiriescallsafe-servicescouk W wwwcallsafe-servicescouk

callsafeservicesltd callsafesvcsltd callsafe-services-limited

We will continuously seek feedback from you our readers on the content and format of CALLSAFE TODAY so if you have any suggestions for improvements please let us know by sending your comments via enquiriescallsafe-servicescouk

Also if you have any particular subject related to health and safety that you would like further information andor our opinions on these requests can also be sent

to us through the above address

It is likely that most of our readers have had their summer holidays and are therefore returning to work suitably refreshed at least we hope so

Please remember that we are here to help with advice assistance and training So if we can help just contact us at the above email address

editorswelcomeDave Carr Managing Director Callsafe Services

3

4 HSE hikes FFI charge to cover spiralling costs

THE CONTENT OF CALLSAFE TODAY IS AN ENHANCED VERSION OF THE CONSTRUCTION HEALTH AND SAFETY NEWS CONTAINING SIMILAR BUT ENHANCED INFORMATION

10 HSE reviews equipment inspection laws

7 Baldwins Crane Hire loses vehicle licences over rest breaks

12 Latest Projects

HSE HIKES FFI CHARGE TO COVERSPIRALLING COSTS

Charge to increase by pound5 an hour

The HSE has increased the amount that it charges under the Fee for Intervention (FFI) programme by 4 in an apparent attempt to claw back some of its spiralling costs

The new hourly fee of pound129 ndash up from pound124 ndash has been applied to invoices submitted since 6 April the beginning of the financial year According to the most recent figures for FebruaryMarch 2016 the average cost of an FFI invoice was pound650 At the new rate this would become pound675

This is the first increase since FFI was introduced in October 2012 It was designed to recover the costs of regulating businesses that break the law shifting the financial burden from the taxpayer to non-compliant businesses

However with the exception of the first six months of operation the income generated by FFI has not matched the HSErsquos staff costs and other overheads with the shortfall increasing each year

In addition the Treasury claws back most of the revenue from FFI only allowing the HSE to retain funds up to a ldquocaprdquo Until last year the regulator consistently failed to generate as much as the cap

The shortfall in revenue from FFI came as the number of proactive inspections carried out by the HSE fell last year to their lowest since the scheme was introduced

Income from the programme increased sharply in the year to April 2016 from pound101M in 2014ndash15 to pound147M However the staff and operating costs of the scheme also increased totalling pound174M compared to pound119M the previous year leaving a shortfall of pound27MLast year the HSE retained pound11M out of the pound147M it generated through FFI

latestnews

4

latestnews

However along with the revised hourly rate the Treasury has agreed to increase the amount of FFI revenue that the HSE can retain In 2016ndash17 the cap is due to be set at pound17M

Applying the 4 increase in the cost of FFI would not have made the income generated by the scheme in 2015ndash16 match its costs To cover its operating costs the HSE would have to increase the hourly fee by around 18 to pound147 per hour

The shortfall in revenue from FFI came as the number of proactive inspections carried out by the HSE fell last year to their lowest since the scheme was introduced

In 2013ndash14 the Executive carried out 22240 inspections but this fell to 18131 in 2015ndash16

Figures from the HSErsquos latest invoice run which was carried out in June and covered work carried out in February and March show that the average cost of an invoice fell to pound650 from pound844 ndash which was an all-time high ndash in the previous two-month period

Despite this the number of invoices issued was at the highest ever There were 3719 invoices issued in June which compares to 3125 sent in the invoice run one year before

The majority of invoices continue to be for sums below pound500 though companies can be issued with multiple invoices if the HSE investigation spans more than one invoice period

In FebruaryMarch 2016 35 of invoices were for less than pound200 One in three was for between pound200 and pound500 Ten invoices were issued for sums in excess of pound10000

However in both the two previous invoice runs for breaches occurring between October and November 2015 and December 2015 and January 2016 there were 28 bills for over pound10000

The manufacturing sector continues to be hardest hit by FFI In June 1460 invoices were sent to businesses in the manufacturing sector totalling pound962081 This brings the total bill facing the sector over the last year to pound52M

The construction sector is not far behind In the same period 1248 invoices were issued for a total bill of pound696771 The bill for the year came to pound42M

Invoices sent to businesses in the service sector in June totalled pound544971

The FFI regime has failed to deliver the receipts the HSE expected A 2011 impact assessment that accompanied the HSE consultation on FFI estimated that the scheme would recover up to pound436M from non-compliant businesses

The HSE has not changed its fee since FFI was introduced though the consultation estimated that it would be pound133 per hour

5

BALDWINS CRANE HIRE LOSES VEHICLE LICENCES OVER REST BREAKSHeavy mobile crane operator Baldwins Crane Hire is to be stripped of vehicle licences held at its two main UK depots after drivers were found to have been falsifying records to make it appear they had taken rest breaks

In statements heard at the public inquiry on 20 and 21 July in Leeds it was claimed the company and its directors had lsquoinstructedrsquo them to do so Four directors will now be disqualified from holding a goods vehicles operatorrsquos licence in any traffic area as a result when the ruling takes effect on 10 September although the length of their banning varies

Traffic Commissioner for the North East Kevin Rooney who took the decision to revoke the licences said five out of seven drivers investigated in 2014 by the Driver amp Vehicle Standards Agency (DVSA) had been faking their breaks A follow-up investigation in 2015 found the situation had in fact worsened with eighteen drivers found to be offending

Drivers were hiding periods of time spent working in order to show lsquoapparent compliancersquo with daily and weekly rest requirements he said

Some drivers alleged that the company lsquoin generalrsquo and director Wayne Baldwin had lsquoinstructedrsquo them to remove their cards to make it look they had had a break and ensure cranes would be on-site ready to work on time

Mr Rooney said the failures at Baldwin Crane Hire were so significant so deep-routed and so inspired by the very top of the business that it was appropriate to revoke their vehicle operating licences

The revocation affects licences held at Baldwins Crane Hire Ltd depots in Leeds and Langley near Slough where it operates a fleet of commercial vehicles and HGVs

In a statement on the firmrsquos website Director and Executive Chairman Richard Baldwin said the company was appealing against the decisions

It operates 18 vehicles of around 100 tonnes and 21 trailers in total from these depots The firm had made a new application for a third licence for a site in Newport South Wales according to the inquiry

Directors Richard Baldwin Wayne Baldwin

6

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

latestnews

latestnews

However along with the revised hourly rate the Treasury has agreed to increase the amount of FFI revenue that the HSE can retain In 2016ndash17 the cap is due to be set at pound17M

Applying the 4 increase in the cost of FFI would not have made the income generated by the scheme in 2015ndash16 match its costs To cover its operating costs the HSE would have to increase the hourly fee by around 18 to pound147 per hour

The shortfall in revenue from FFI came as the number of proactive inspections carried out by the HSE fell last year to their lowest since the scheme was introduced

In 2013ndash14 the Executive carried out 22240 inspections but this fell to 18131 in 2015ndash16

Figures from the HSErsquos latest invoice run which was carried out in June and covered work carried out in February and March show that the average cost of an invoice fell to pound650 from pound844 ndash which was an all-time high ndash in the previous two-month period

Despite this the number of invoices issued was at the highest ever There were 3719 invoices issued in June which compares to 3125 sent in the invoice run one year before

The majority of invoices continue to be for sums below pound500 though companies can be issued with multiple invoices if the HSE investigation spans more than one invoice period

In FebruaryMarch 2016 35 of invoices were for less than pound200 One in three was for between pound200 and pound500 Ten invoices were issued for sums in excess of pound10000

However in both the two previous invoice runs for breaches occurring between October and November 2015 and December 2015 and January 2016 there were 28 bills for over pound10000

The manufacturing sector continues to be hardest hit by FFI In June 1460 invoices were sent to businesses in the manufacturing sector totalling pound962081 This brings the total bill facing the sector over the last year to pound52M

The construction sector is not far behind In the same period 1248 invoices were issued for a total bill of pound696771 The bill for the year came to pound42M

Invoices sent to businesses in the service sector in June totalled pound544971

The FFI regime has failed to deliver the receipts the HSE expected A 2011 impact assessment that accompanied the HSE consultation on FFI estimated that the scheme would recover up to pound436M from non-compliant businesses

The HSE has not changed its fee since FFI was introduced though the consultation estimated that it would be pound133 per hour

5

BALDWINS CRANE HIRE LOSES VEHICLE LICENCES OVER REST BREAKSHeavy mobile crane operator Baldwins Crane Hire is to be stripped of vehicle licences held at its two main UK depots after drivers were found to have been falsifying records to make it appear they had taken rest breaks

In statements heard at the public inquiry on 20 and 21 July in Leeds it was claimed the company and its directors had lsquoinstructedrsquo them to do so Four directors will now be disqualified from holding a goods vehicles operatorrsquos licence in any traffic area as a result when the ruling takes effect on 10 September although the length of their banning varies

Traffic Commissioner for the North East Kevin Rooney who took the decision to revoke the licences said five out of seven drivers investigated in 2014 by the Driver amp Vehicle Standards Agency (DVSA) had been faking their breaks A follow-up investigation in 2015 found the situation had in fact worsened with eighteen drivers found to be offending

Drivers were hiding periods of time spent working in order to show lsquoapparent compliancersquo with daily and weekly rest requirements he said

Some drivers alleged that the company lsquoin generalrsquo and director Wayne Baldwin had lsquoinstructedrsquo them to remove their cards to make it look they had had a break and ensure cranes would be on-site ready to work on time

Mr Rooney said the failures at Baldwin Crane Hire were so significant so deep-routed and so inspired by the very top of the business that it was appropriate to revoke their vehicle operating licences

The revocation affects licences held at Baldwins Crane Hire Ltd depots in Leeds and Langley near Slough where it operates a fleet of commercial vehicles and HGVs

In a statement on the firmrsquos website Director and Executive Chairman Richard Baldwin said the company was appealing against the decisions

It operates 18 vehicles of around 100 tonnes and 21 trailers in total from these depots The firm had made a new application for a third licence for a site in Newport South Wales according to the inquiry

Directors Richard Baldwin Wayne Baldwin

6

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

latestnews

BALDWINS CRANE HIRE LOSES VEHICLE LICENCES OVER REST BREAKSHeavy mobile crane operator Baldwins Crane Hire is to be stripped of vehicle licences held at its two main UK depots after drivers were found to have been falsifying records to make it appear they had taken rest breaks

In statements heard at the public inquiry on 20 and 21 July in Leeds it was claimed the company and its directors had lsquoinstructedrsquo them to do so Four directors will now be disqualified from holding a goods vehicles operatorrsquos licence in any traffic area as a result when the ruling takes effect on 10 September although the length of their banning varies

Traffic Commissioner for the North East Kevin Rooney who took the decision to revoke the licences said five out of seven drivers investigated in 2014 by the Driver amp Vehicle Standards Agency (DVSA) had been faking their breaks A follow-up investigation in 2015 found the situation had in fact worsened with eighteen drivers found to be offending

Drivers were hiding periods of time spent working in order to show lsquoapparent compliancersquo with daily and weekly rest requirements he said

Some drivers alleged that the company lsquoin generalrsquo and director Wayne Baldwin had lsquoinstructedrsquo them to remove their cards to make it look they had had a break and ensure cranes would be on-site ready to work on time

Mr Rooney said the failures at Baldwin Crane Hire were so significant so deep-routed and so inspired by the very top of the business that it was appropriate to revoke their vehicle operating licences

The revocation affects licences held at Baldwins Crane Hire Ltd depots in Leeds and Langley near Slough where it operates a fleet of commercial vehicles and HGVs

In a statement on the firmrsquos website Director and Executive Chairman Richard Baldwin said the company was appealing against the decisions

It operates 18 vehicles of around 100 tonnes and 21 trailers in total from these depots The firm had made a new application for a third licence for a site in Newport South Wales according to the inquiry

Directors Richard Baldwin Wayne Baldwin

6

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

latestnews

Andrew Skelton and Lorraine Baldwin will be disqualified from applying for or holding a goods vehicles operatorrsquos licence in any traffic area from 2359 on 10 September 2016 Richardrsquos son Wayne Baldwin will be disqualified for five years Richard Baldwin for one year Andrew Skelton for two years and Lrraine Baldwin for lsquoan indefinite periodrsquo

However Baldwinsrsquo business may still survive unscathed In a report on Construction Index it says that the Traffic Commissioners disqualification order applies only to commercial vehicles Mobile cranes by an historic quirk of law are engineering plant not commercial vehicles therefore they are not subject to the same legislation as lorries Baldwins needs HGVs to support the operations of its heavy cranes to carry ballast for example but cranes of up to five-axles can generally get to site with all necessary ancillary equipment on board it says

Richard Baldwinrsquos statement seemed to back this up ldquoFor the sake of clarification this disqualification only relates to the individuals being directors or senior managers in a company that holds an operators licence (that is to say a company carrying out haulage activities whether for hire or reward or for use in connection with the companys own business) The disqualification does not prevent them being a director or senior

manager in any other company ndash for example the crane hire company he writes

The decision comes after Baldwins Crane Hire - one of the largest crane hire firms in the UK with a turnover of pound2274m in 2015 - was convicted of Corporate Manslaughter and fined pound700000 on 1 December 2015 Mobile-crane driver Lindsay Easton died when he crashed after losing control of his 130-tonne mobile crane down a steep hill at Scout Moor Quarry near Rochdale Investigations by the Health amp Safety Executive subsequently identified that the cranersquos braking systems were seriously defective The HSE is reviewing regulations that govern the examination The HSE is reviewing regulations that govern the examination of work equipment to make them more ldquoproportionaterdquo in a new phase of its ongoing deregulation programme

Businesses are being invited to use an online survey to share their experiences of complying with four sets of regulations

The HSE hopes to find out what constitutes proportionate equipment inspection with a view to making improvements that will make compliance easier

The regulations under the spotlight some of which were last assessed in the 1990s are

7

latestnews

courseschedule

8

DISCOUNTS AVAILABLE FOR MULTIPLE

BOOKINGS ON A SINGLE COURSE ANDOR

PAYMENT ONE MONTH BEFORE THE COURSE

COMMENCEMENT

21 amp 22 September 2016ADRM160921APS DESIGN RISK MANAGEMENT AND CDM2015 FOR DESIGNERSLondonpound63000-------------------------------------------------29 September 2016CDMA160929APS CDM2015 AWARENESSLondonpound31000-------------------------------------------------04 - 06 October 2016MPHS161004APS MANAGEMENT OF PRE-CONSTRUCTION HEALTH AND SAFETYLondonpound84000-------------------------------------------------11 October 2016CDMF161011CDM2015 FOR FACILITIES MANAGERSLondonpound30000-------------------------------------------------11 amp 12 October 2016ADRM161011APS DESIGN RISK MANAGEMENT AND CDM2015 FOR DESIGNERSStaffordshirepound62000-------------------------------------------------25 October 2016CDMA161025APS CDM2015 AWARENESSStaffordshirepound30000

15 - 17 November 2016MPHS161115APS MANAGEMENT OF PRE-CONSTRUCTION HEALTH AND SAFETYStaffordshirepound81000-------------------------------------------------24 November 2016CDMA161124APS CDM2015 AWARENESSLondonpound31000-------------------------------------------------29 November 2016CDMF161129CDM2015 FOR FACILITIES MANAGERSLondonpound30000-------------------------------------------------6 amp 7 December 2016ADRM161206APS DESIGN RISK MANAGEMENT AND CDM2015 FOR DESIGNERSLondonpound63000-------------------------------------------------13 - 15 December 2016MPHS161213APS MANAGEMENT OF PRE-CONSTRUCTION HEALTH AND SAFETYLondonpound84000-------------------------------------------------

courseschedule

8

DISCOUNTS AVAILABLE FOR MULTIPLE

BOOKINGS ON A SINGLE COURSE ANDOR

PAYMENT ONE MONTH BEFORE THE COURSE

COMMENCEMENT

21 amp 22 September 2016ADRM160921APS DESIGN RISK MANAGEMENT AND CDM2015 FOR DESIGNERSLondonpound63000-------------------------------------------------29 September 2016CDMA160929APS CDM2015 AWARENESSLondonpound31000-------------------------------------------------04 - 06 October 2016MPHS161004APS MANAGEMENT OF PRE-CONSTRUCTION HEALTH AND SAFETYLondonpound84000-------------------------------------------------11 October 2016CDMF161011CDM2015 FOR FACILITIES MANAGERSLondonpound30000-------------------------------------------------11 amp 12 October 2016ADRM161011APS DESIGN RISK MANAGEMENT AND CDM2015 FOR DESIGNERSStaffordshirepound62000-------------------------------------------------25 October 2016CDMA161025APS CDM2015 AWARENESSStaffordshirepound30000

15 - 17 November 2016MPHS161115APS MANAGEMENT OF PRE-CONSTRUCTION HEALTH AND SAFETYStaffordshirepound81000-------------------------------------------------24 November 2016CDMA161124APS CDM2015 AWARENESSLondonpound31000-------------------------------------------------29 November 2016CDMF161129CDM2015 FOR FACILITIES MANAGERSLondonpound30000-------------------------------------------------6 amp 7 December 2016ADRM161206APS DESIGN RISK MANAGEMENT AND CDM2015 FOR DESIGNERSLondonpound63000-------------------------------------------------13 - 15 December 2016MPHS161213APS MANAGEMENT OF PRE-CONSTRUCTION HEALTH AND SAFETYLondonpound84000-------------------------------------------------

9

TRAINING amp EVENTSCALLSAFE PUBLIC COURSES We have programmed a number of public courses as follows The detailed programme of courses is shown on the previous page

MANAGEMENT OF PRE-CONSTRUCTION HEALTH AND SAFETY 3 DAY COURSEThis APS accredited course is aimed at those persons who will be performing the duties of the Principal Designer on behalf of their employer who has been appointed to this role by the Client

It provides knowledge on the requirements methods that could be used to achieve these requirements and the personal qualities necessary The course also provides for the additional services that could be offered by the Principal Designer or as a separate commission for advising and assisting the Client with the Clientrsquos duties

DESIGN RISK MANAGEMENT AND CDM2015 FOR DESIGNERS 2 DAY COURSEThis APS accredited course is aimed at Designers and Design Risk Managers providing a full understanding of the Designersrsquo duties under CDM2015 and the options that are available for achieving these obligations

The course could also be suitable for Principal Designers if they are experienced in the design requirements of CDM2007 Discussions and debates are encouraged throughout this course

CDM2015 AWARENESS1 DAY COURSEThis APS accredited course is designed to provide all persons

involved in construction projects including current and potential clients project managers principal designers designers principal contractors and contractors with a broad overview on the CDM Regulations 2015

CDM2015 FOR FACILITIES MANAGERS1 DAY COURSEThis non-accredited course is designed to provide Facilities Managers and designers and contractors working for Facilities Managers with an understanding of their duties under the CDM Regulations 2015 Larger fit-out and refurbishment projects will be discussed as well as planned maintenance and reactive repair activities

Further details of these and other courses can be found on our website wwwcallsafe-servicescouk or by contacting Gemma Esprey at gemmaespreycallsafe-servicescouk or by phone on 01889 577701

IN-HOUSE COURSES

The above public courses and many other CDM and other health and safety courses are offered as lsquoin-housersquo courses where the trainer presents the course at a venue provided by the delegatesrsquo employer and are priced at a daily rate

Details of all courses offered can be found atwwwcallsafe-servicescouk most of which can be customised to a particular customerrsquos needs

The HSE is reviewing regulations that govern the examination of work equipment to make them more ldquoproportionaterdquo in a new phase of its ongoing deregulation programme

Businesses are being invited to use an online survey to share their experiences of complying with four sets of regulations

The HSE hopes to find out what constitutes proportionate equipment inspection with a view to making improvements that will make compliance easier

The survey which is open until at least the end of September asks 11 questions about who undertakes equipment inspections the annual cost of exams

and whether it is a reasonable expense sources of information the benefits of inspections and suggestions for improvements

The review forms part of the HSEs broader deregulation programme which has been prompted by the governments commitment to cut pound10bn of regulatory costs by the end of the current parliamentary term in 2020 ndash a goal overseen by the governmentrsquos Better Regulation Executive

While the coalition governments deregulation drive principally focused on regulation with the removal or improvement of 84 of health and safety laws including the Construction (Head Protection) Regulations and the Notification of

HSE REVIEWS EQUIPMENT INSPECTION LAWS IN ONGOING DEREGULATION DRIVE

latestnews

Conventional Tower Cranes Regulations the HSE has said that its future focus will be on processes and practices

Details of the current priorities are contained in the minutes to the Small Business Trade Association Forum (SBTAF) meeting on 9 June posted on the HSErsquos website

According to the minutes Clive Fleming head of the HSEs regulation and international policy division told attendees The scope of regulatory activity to be captured is broader than before and the HSE work to deliver the new strategy will also help deliver deregulatory savings without reducing protections

One option Flemingrsquos team is considering is merging three sets of regulations the Control of Substances Hazardous to Health Regulations the Control of Lead at Work Regulations and the Dangerous Substances and Explosive Atmospheres Regulations

According to the minutes the HSE is keen to bear down on ldquoblue taperdquo or administrate burdens placed on businesses by other businesses

The minutes state Despite the reviews and many years of better regulation activity health and safety regulation is still perceived by many to be a burden It appears that this perception is driven to a considerable extent not by the regulations but blue tape (business on business) activity

There are also concerns that management standards principally BS OHSAS 18001 place undue burdens on businesses particularly small ones

The HSE says that this is unlikely to change when the international standard ISO 45001 which replaces the 18001 is released next year Through its industry liaison groups the HSE is seeking evidence of the impact of the current British Standard

According to the SBTAF minutes other deregulation work underway includes

bull Simplifying licensing systems including asbestos licence applications and notifications

bull Easing requirements on who can remove gas meters as part of the Smart meter roll out

bull Reducing the burden of written risk assessments

bull Increasing basement occupancy time in non-radon affected areas and

bull Making annual gas checks for landlords more flexible

The minutes report that members of the SBTAF gave enthusiastic support for the HSEs deregulation work and agreed that ISO 45001 could be very burdensome for small businesses

latestnews

Transport for London (TfL) is set to introduce the worldrsquos first ldquodirect visionrdquo standard to reduce HGV driversrsquo blind spots in an attempt to reduce the disproportionate number of cyclist deaths attributed to large vehicles on the capitalrsquos roads

The standard due to be released in the next two weeks is likely to force firms to use HGVs with vision panels in the passenger doors larger windscreens and low entry cabs with driverrsquos seats that are closer to the ground

The announcement came as new research showed that construction lorries pose a greater risk to cyclists and pedestrians than other HGVs because their blinds spots are up to three times larger than other lorries

Val Shawcross the capitalrsquos deputy mayor for transport speaking at a recent event suggested that the new standard could be incorporated into TfLrsquos Safer Lorry Scheme which only allows HGVs fitted with basic safety equipment onto Greater Londons roads

Addressing New London Architecturersquos annual cycling summit on 3 August she said ldquoTfL is working now on a world first direct vision standard The Safer Lorry Scheme was launched in 2015 and wersquore looking as I said at how we can strengthen thatrdquo

A Mercedes Benz HGV prototype with glass panel in the passenger door

A spokesperson for TfL said that measures to address HGV safety would be announced in the coming weeks London mayor Sadiq Khan also backed the standard as a component of his election campaign

Between 2000 and 2012 the numbers of cyclists killed or seriously injured in London increased by 59 and by 21 nationally despite the numbers of casualties on Britainrsquos roads declining in the same period

Research carried out by Loughborough University released on 29 July found that in general HGV blinds spots were larger when the seating position of the driver was higher concluding that this could be a contributing factor in accidents between construction vehicles and cyclists and pedestrians

The research team from the universityrsquos Design School scanned 19 of the most popular HGVs to determine which design variables can affect the size of blind spots

It compared HGVs with low entry cab designs vehicles used in the distribution of goods within city centres (category N3 vehicles) lorries used to transport materials for the construction industry with off-road specifications (category N3G vehicles) and vehicles used for long distance haulage (also N3)If you seriously want to reduce the number of collisions involving vulnerable road users and HGVs you have to improve the direct field of vision for drivers

The researchers recreated accidents involving

TFL POISED TO RELEASE DIRECT VISION STANDARD FOR HGVS

latestnews

cyclists and pedestrians placing them in a number of locations adjacent to the HGVs and plotted where blind spots existed in both driversrsquo ldquodirect visionrdquo (areas that they can see themselves) and ldquoindirect visionrdquo (areas that drivers can see only with mirrors)

The study found that cabs configured for the construction industry are 32 higher than the same model configured for distribution vehicles

This means that the blind spot immediately in front of a construction HGV is up to three times greater than that on the distribution variant

Similarly a cyclist would have to be up to twice the distance from the passenger side of a construction lorry before they can be spotted than on the distribution variant

For example a driver in the distribution variant of a Scania P would be able to see a cyclist directly adjacent to the passenger side door However the driver of the construction variant who sits around 34cm higher would only be able to see a cyclist if they were more than 13m away

The researchers said that the work has highlighted the need for a new standard that defines what should be visible through direct vision from the vehicle

While the indirect vision available to the driver is regulated by the European Commission the researchers point out that there are no standards to

ensure that cab windows allow drivers suitable direct vision

Steve Summerskill who led the research project said ldquoWe found that all standard vehicle configurations have blind spots which can hide vulnerable road users from the driverrsquos direct vision

ldquoHowever the height of the cab above the ground is the key vehicle factor which affects the size of direct vision and indirect vision blind spots Low entry cab designs which are the lowest of the 19 vehicles tested demonstrated real benefits in terms of reducing direct vision blind spots when compared to standard vehicle designs

ldquoIf you seriously want to reduce the number of collisions involving vulnerable road users and HGVs you have to improve the direct field of vision for drivers ndash and from our research this means lowering HGV cab designs or adopting low entry cab designsrdquo

Ian Wainwright TfLrsquos head of freight and fleet said ldquoThe best decisions are those based on evidence and the research that we commissioned Loughborough to undertake is another tool in the box to make the right choices to improve road safety This research into comparing direct vision of HGV drivers will create the platform to take efforts on road safety furtherrdquo

latestnews

14

latestprojects

A WEEK IN THE LIFE OF AN ENVIRONMENT AGENCY PRINCIPAL DESIGNER

My name is Brian Smith and I am employed by Callsafe Services Ltd based in Rugeley and seconded via CH2M to the Environment Agency

(EA) Based in Peterborough I cover East Anglia Together Hub (Essex Norfolk Suffolk Cambridgeshire amp Bedfordshire) and Lincolnshire amp Northamptonshire

Myself and a team of 4 panel principal designers providing Principal Designer (PD) services as well construction health and safety advice to the EA I also undertake a training support and mentoring role to EA staff and the panel PDrsquos

Monday

This week is already looking a busy week 3 meetings today

First at South Ferriby Depot North Lincolnshire the lock gates headgear and lock chamber along with other surrounding structures have been identified in need of works and it is the first site meeting to establish the exact extent of the works

This meeting proves very useful in understanding access issues the requirements for lifting operations and how our works will affect the adjacent main road which is also an access to a nearby cement factory It also highlighted the variety of skill sets required from designers engineers lifting specialists mechanical amp electrical specialists and diving specialists to name but a few

Second the EA Mechanical Electrical Integrated Controls and Automation (MEICA) team at Lincoln have a programme of 6 refurbishment projects some of which are on-site and others in preparation The works plan is progressing and the initial sites are just commencing the works replacing refurbishing the pumps at two pumping stations whilst two more projects dealing with sluice operations are reviewed By the end of the meeting we have an agreed start date

Lastly a meeting with the EA Hydrometry

From Google Maps

Plant distributing sand pumped ashore from the dredgePhotograph Courtesy of Team Van Oord

latestprojects

and Telemetry (HampT) team who have just completed their in-house CDM training and are undertaking a probationary period before being assessed by myself prior to being authorised to undertake duty holder roles The team are progressing well and my role at this visit is to provide reassurance that the work they have completed to date is up to the required standards and to provide guidance on the next steps

Tuesday

Audit of a beach re-nourishment project based at Anderby Creek on the Lincolnshire coast and report back to the National Health Safety amp Wellbeing team Arrival on-site is early 0730 as this project is a 24 hour operation maximising the tidal windowsGreeted by the team the audit begins focusing on all elements of the way the site is managed The audit covers site layout

general completion of statutory paperwork site activities traffic management waste management and environmental performance

Feedback given to the team and report written (a long day) leave site

Wednesday

Ipswich Tidal Barrier the final piece of the solution protecting the Suffolk town and a progress meeting covering various design elements Followed by a spatial awareness and MEICA meeting

A confined space issue is discussed and resolved within the project team resulting in a decision to build a full size mock up in timber to enable the team to test the theories This may seem to be a lot of effort but the designers did try 3D imagining of the tidal barrier with persons shown on the drawings

15

latestprojects

and models but the team felt that they were still not very confident from the information displayed in the graphic modelling

The timber mock-up has also provided an opportunity for the confined spaces team to be trained in a safe environment and the opportunity to make a video on how to enter the gate structure what the layout will be

This video will then be stored within the health safety file for reference by future teams maintaining the tidal barrier over the coming years

Construction on-site is progressing well the foundation piles are being driven and work on other areas is progressing in line with the programme

Thursday

In the Peterborough office with the EA national capital programme management service (ncpms) team The day is spent dealing with

16

Two photographs of the tidal barrier mock up and confined space issuesAbove Photos courtesy of Volkerstevin Boskalis Atkins consortium

Foundation piles being driven

latestprojects

Friday PM a teleconference with the team to catch up on what the team have achieved and issues that have arisen during the week

This teleconference results in a number of good practices getting acknowledge and circulated There are also some items that need further attention in particular an issue in relation to HydrogenMethanol powered plant regarding CE marking fire risks signage and storage of fuel cells and site layout when using it

Final job Friday afternoon finish email replies paperwork and make the last few calls to finalise arrangements for meetings site visits and audits planned for next week

Photograph of the Cawood BargePhotograph courtesy of the EA Spalding Field Team

current and future projects Pre-Construction Information considerationsrequirements progress and design reviews

Also performed liaison with Independent Technical Advisors and a routine catch up with the business manager PD resource planning

Friday

In the Spalding office meeting the local field team who are planning offshore work using plant from an EA barge to stone mud banks in tidal estuaries The work plan is to load an excavator with grab at Boston docks then return to the normal berth and load the stone before sailing out and depositing the stone within the estuaries to assist in maintaining the training walls (mud banks that deflect flow of water to keep it running in the desired direction minimising mudflat movement)The pre-construction information is gathered and produced with the methodologies previously used to be fully reviewed and updated Voyage plans Notice to Mariners and information is sent to the Marine Management Organisation

17

18

latestprosecutions

ROOFING FIRMS FINED AFTER WORKER FELL TO HIS DEATHTwo roofing companies and one of their directors have been fined after a worker fell to his death through a skylight

Cardiff Crown Court heard how 46-year old Lance Davies a father of seven died after falling over seven metres through a roof light at industrial premises in the Crumlin area of South Wales

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 15th December 2011 found that the work at height on the roof was not properly planned managed or monitored There were inadequate control measures in place to prevent a fall through the roof lights

SPAN Roofing Contractors Limited pleaded guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007 and was fined pound65000 and ordered to pay costs of pound37500

B amp T Roofing Solutions Limited pleaded guilty

to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound20000

Kristian Griffiths a director of B amp T Roofing Solutions Ltd pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 by virtue of Section 37 of the Health and Safety at work etc Act 1974 and was given a 160 hours community service order

B amp T Roofing Solutions and Kristian Griffiths were ordered to pay costs of pound32500 between them

BULGARIAN FIRM FINED FOR POOR WORK AT HEIGHTA Bulgarian construction firm has been fined after a member of the public reported unsafe working practices during the construction of an adventure course in Markeaton Park Derby

Derby Magistratesrsquo Court heard how a passing member of the public noticed work at height being carried out from a pallet on the forks of

latestprosecutions

a telehandler at the site in Markeaton Park where a high ropes adventure course was being constructed by Bulgarian based firm Walltopia

The member of the public first reported this to the company but despite receiving assurances the matter would be dealt with unsafe work at height continued They then reported it to the HSE

The resulting HSErsquos investigation at the site found work was taking place on a section of roof 11 metres off the ground without the use of any means to prevent two workers falling from the open edges In addition these workers were accessing the roof by climbing from the basket of a cherry picker

Walltopia of Bulgaria Boulevard Letnitsa Bulgaria was fined pound500000 and ordered to pay costs of pound801325 after pleading guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005

CONSTRUCTION FIRM SENTENCED AFTER WORKER FALLS DOWN A LIFT PIT Cardiff-based construction company Jehu Project Services Ltd has been sentenced after a worker was seriously injured falling down a lift pit

The incident happened on 8th July 2015 at a construction site in Pontcanna Cardiff Stephen Harrison a specialist drilling contractor was employed by Jehu to help refurbish a 73-bed care home when he fell into the basement of a lift pit that was under construction

Mr Harrison stepped onto the ground floor having been working off a tower scaffold but stood on a loose concrete block causing him to fall backwards head-first into a skip full of

rubble on the floor below

A specialist Fire and Rescue team were nearby and after stabilising Mr Harrison attached him to the hook of a tower crane and winched him out of the pit over the site and into the carpark of a housing estate nearby where an ambulance was waiting

Mr Harrison suffered shattered vertebrae five broken ribs a punctured lung and spent 18 days in hospital He is still recovering and although not paralysed his injuries were life-changing and he will not return to work

The HSE investigated the incident and found that Jehu had been using a system of lightweight barriers around the edges of the drop along with bean bags at the bottom of the hole but these were incompatible with all of the work that needed to be done by the different contractors and had been removed Following the incident all of the danger areas were fenced with scaffolding

Newport Crown Court heard that there were numerous management failings associated with this project which included a lack of effective site management and supervision a construction plan that did not properly consider obvious working at height risks and a lack of an effective Temporary Works Management System

Jehu Project Services Ltd pleaded guilty to breaching Construction (Design and Management) Regulations 2015 Regulation 13(1) and Work at Height Regulations 2005 Regulation 6(3) and was fined pound143000 and ordered to pay full costs of pound1502930

HSE Inspector Liam Osborne who brought the case said ldquoJehu had been given many warnings in the past by HSE about the lack of effective planning managing and

19

latestprosecutions

monitoring on their construction sites as well as warnings about unsafe working at height The court heard some really positive steps the company are now taking to put these matters right including making substantial management changes

ldquoIt is crucial that construction firms properly think through the risks involved before starting work they then need to ensure there is a workable plan to iron-out or manage the resultant dangers

ldquoThere is a clear hierarchy for managing work at height risks site managers need to prevent it if possible and then provide suitable fixed barriers Lower-order measures such as soft-landing systems or the use of harnesses should only be selected as a last resort and if it is safe and appropriate to do sordquo

PRODUCERS OF STAR WARS PLEAD GUILTYFoodles Production (UK) Ltd has pleaded guilty to failing to protect actors and workers following an incident in which actor Harrison Ford was seriously injured during the filming of Star Wars The Force Awakens

Foodles Production (UK) Ltd appeared at Milton Keynes Magistrates Court on 26th July pleading guilty to two charges The case has now been transferred to Aylesbury Crown Court date to be confirmed

Mr Ford suffered a broken leg and other injuries when he was struck by a metal door on the set of the Millennium Falcon The incident happened on 12th June 2014 at Pinewood Studios

A spokesman for HSE said ldquoDuring the filming of Star Wars Episode Seven The Force Awakens the actor Harrison Ford was badly injured after he became trapped under a

rapidly closing metal-framed door The power of the doorrsquos drive system was comparable to the weight of a small car

ldquoThis was a foreseeable incident Foodles Production (UK) Ltd has accepted it failed to protect actors and staff and HSE welcomes the firmrsquos guilty plea

ldquoEvery employer in every industry has a legal duty to manage risks in the workplace Risks are part and parcel of everyday life and this is acknowledged by health and safety law but they still need to be identified and managed in a proportionate way

ldquoThe British film industry has a world renowned reputation for making exceptional films Managing on-set risks in a sensible and proportionate way for all actors and staff regardless of their celebrity status and is vital to protecting both on-screen and off-screen talent as well as protecting the reputation of the industryrdquo

NATIONAL STEEL FIRM FINED pound198MILLION FOR SAFETY FAILINGSTata Steel has been fined after two workers suffered injuries to their hands in two separate incidents involving machinery

Northampton Crown Court heard how a 26-year-old employee lost two thirds of his left hand and his middle and ring fingers whilst trying to clear a blockage on a steel tube manufacturing line which had unsuitable guarding and in a separate incident a 52-year-old team leader lost part of his little finger when his left hand was caught again in an inadequately guarded machine whilst he was receiving refresher training

An investigation by the HSE into the incidents which occurred on 12th September 2014 and 19th February 2015 found that there was a

20

latestprosecutions

failure to appropriately guard and manage the risks arising from dangerous parts of these items of machinery

Tata UK Limited pleaded guilty to two counts of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound198million (pound185000 was for the first offence and pound18m for the second offence) and ordered to pay costs of pound22500

BRADFORD FIRM FINED AFTER WORKER FELL THROUGH SKYLIGHTA company which manufactures signage and displays for high street retailer was sentenced today for safety breaches after a worker fell to his death through a roof light

Richard Perry 43 was working with a colleague covering roof lights with blackout vinyl in June 2014 at Whiteghyll Plastics Ltd This was in an attempt to block out the sunlight to reduce the heat within the factory Mr Perry fell 55 metres through a fragile roof light to the fabrications department below

The company failed to adequately supervise Mr Perry and another employee There were several missed opportunities by a number of managers to stop them from working on the roof The HSE prosecuted the firm over the incident

Whiteghyll Plastics Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined pound120000 with pound37655 costs by Bradford Crown Court

COMPANY DISMANTLING HGV FINED FOR SAFETY FAILINGSA North Lincolnshire company has been fined after a worker was injured whilst dismantling a HGV tipper lorry

Scunthorpe Magistratesrsquo Court heard how two employees of R Martinson Limited were dismantling an HGV lorry using a telehandler like a mobile crane for lifting operations

One employee operated the telehandler to remove a metal rail weighing about 44 kg from the chassis when it struck the second employee 68-year-old George Henry Johnson He suffered a traumatic skull fracture that have left him with permanent injuries and reliant on other family members for his care

The investigation by the HSE into the incident which occurred in April 2015 found that the company had failed to adequately plan organise control and monitor the way in which the operation was undertaken Using a telehandler to lift and move parts like a mobile crane is a high risk activity and the company failed to apply basic principles of health and safety management to reduce the risk of serious personal injury

R Martinson Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined pound53300 and ordered to pay costs of pound129310

AGENCY WORKER INJURED AT MALTING FACTORYA malting company based in Suffolk has been fined after an agency worker was injured when he fell from a ladder

Scarborough Magistratesrsquo Court heard how an agency worker employed with Pauls Malt Limited at their West Knapton malting factory near Malton was injured when he fell approximately two metres from a ladder He sustained two fractures to his right foot and bruising to his chest and head injuries

He was in the process of checking the fill level of the malt in a container that he was loading

21

latestprosecutions

for export prior to closing the hopper feed The container was fitted with a full-size fabric liner with a high level loading flap which would be zipped up once the container was full

An investigation by the HSE into the incident which occurred on 6th May 2015 found that the company had not carried out a suitable and sufficient risk assessment of the work at height involved in closing the zipped flaps on the fabric liners used to line containers that were being loaded with malt for export

A system of work had developed which involved propping a 4-metre long ladder against the rear of the container to gain access to the zip-up flap The ladder was too long for this purpose and was propped at too shallow an angle The ladder slipped outwards at the foot causing the agency worker to fall with the ladder

Pauls Malt Limited (trading as Boortmalt) pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined pound100000 and ordered to pay costs of pound2257

COMPANY EXPOSE FAMILY TO RISK OF ASBESTOSA Hertfordshire-based home improvement company has been fined after the unsafe removal of asbestos material from a domestic property

St Albans Magistratesrsquo Court heard how Ace of Hearts Home Improvement Limited (AOH) removed asbestos containing materials (ACM) from a domestic property in St Albans

The Asbestos Insulation Board (AIB) soffits surrounding the underside of the guttering around the front gable end and back of the property had been dismantled in an unsafe manner creating the serious risk of respiratory

exposure of asbestos fibres to the two workers and the residents of the property (family of four including two children)

An investigation by the HSE into the incident which occurred on 25th September 2015 found that the company were not licensed to remove asbestos

Ace of Hearts Home Improvements Limited pleaded guilty to breaching Regulation 8(1) and Regulation 16 of the Control of Asbestos at Work Regulations 2012 and The Health amp Safety at Work etc Act 1974 Section 33(1)(g) in that it failed to comply with an Improvement Notice and was fined pound100000 and ordered to pay costs of pound211850

TIMBER-FRAME FIRM FINED FOR FIRE SAFETY AND TRAFFIC OFFENCESJ G Hale Construction Ltd based in South Wales has been fined pound100000 for running an unsafe timber-frame construction site

Cwmbran Magistratesrsquo Court heard that the HSE launched an investigation on 27th July 2015 after making an unannounced visit to inspect Halersquos site in the centre of Blaenavon

Fifty-four timber-frame houses were under construction which carry a serious fire risk if not planned or managed properly as the structures are made from wood If a fire starts the speed and intensity of fire spread can be extreme putting workers and even members of the public at risk of harm

The HSE found that measures to prevent a fire starting and getting out of control had not been properly taken All the houses were under construction at broadly the same stage with little fire protection a lack of site management control insufficient means to detect a fire and raise the alarm poor control of ignition sources and a general lack of

22

latestprosecutions

emergency planning Workers were also at risk of being struck or crushed by construction vehicles on site

Improvement Notices were served regarding fire and vehicle safety issues and these were complied with after two further inspection visits

J G Hale Construction Limited who also manufacture timber frames for the construction industry pleaded guilty to breaching Regulations 27 and 29 of the Construction (Design and Management) Regulations 2015 and was fined pound40000 and pound60000 respectively They were ordered to pay full prosecution costs of pound463376 and a

statutory surcharge of pound120

After the hearing HSE inspector Liam Osborne said ldquoHale Construction had been given plenty of warnings about fire-safety and traffic risks in the recent past including from HSE

ldquoTimber-frame houses are perfectly safe once theyrsquore finished and protected but when under construction they can be very dangerous Stringent fire-safety standards need to be in place well before the build starts and then maintained and monitoredrdquo

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

23

Conventional Tower Cranes Regulations the HSE has said that its future focus will be on processes and practices

Details of the current priorities are contained in the minutes to the Small Business Trade Association Forum (SBTAF) meeting on 9 June posted on the HSErsquos website

According to the minutes Clive Fleming head of the HSEs regulation and international policy division told attendees The scope of regulatory activity to be captured is broader than before and the HSE work to deliver the new strategy will also help deliver deregulatory savings without reducing protections

One option Flemingrsquos team is considering is merging three sets of regulations the Control of Substances Hazardous to Health Regulations the Control of Lead at Work Regulations and the Dangerous Substances and Explosive Atmospheres Regulations

According to the minutes the HSE is keen to bear down on ldquoblue taperdquo or administrate burdens placed on businesses by other businesses

The minutes state Despite the reviews and many years of better regulation activity health and safety regulation is still perceived by many to be a burden It appears that this perception is driven to a considerable extent not by the regulations but blue tape (business on business) activity

There are also concerns that management standards principally BS OHSAS 18001 place undue burdens on businesses particularly small ones

The HSE says that this is unlikely to change when the international standard ISO 45001 which replaces the 18001 is released next year Through its industry liaison groups the HSE is seeking evidence of the impact of the current British Standard

According to the SBTAF minutes other deregulation work underway includes

bull Simplifying licensing systems including asbestos licence applications and notifications

bull Easing requirements on who can remove gas meters as part of the Smart meter roll out

bull Reducing the burden of written risk assessments

bull Increasing basement occupancy time in non-radon affected areas and

bull Making annual gas checks for landlords more flexible

The minutes report that members of the SBTAF gave enthusiastic support for the HSEs deregulation work and agreed that ISO 45001 could be very burdensome for small businesses

latestnews

Transport for London (TfL) is set to introduce the worldrsquos first ldquodirect visionrdquo standard to reduce HGV driversrsquo blind spots in an attempt to reduce the disproportionate number of cyclist deaths attributed to large vehicles on the capitalrsquos roads

The standard due to be released in the next two weeks is likely to force firms to use HGVs with vision panels in the passenger doors larger windscreens and low entry cabs with driverrsquos seats that are closer to the ground

The announcement came as new research showed that construction lorries pose a greater risk to cyclists and pedestrians than other HGVs because their blinds spots are up to three times larger than other lorries

Val Shawcross the capitalrsquos deputy mayor for transport speaking at a recent event suggested that the new standard could be incorporated into TfLrsquos Safer Lorry Scheme which only allows HGVs fitted with basic safety equipment onto Greater Londons roads

Addressing New London Architecturersquos annual cycling summit on 3 August she said ldquoTfL is working now on a world first direct vision standard The Safer Lorry Scheme was launched in 2015 and wersquore looking as I said at how we can strengthen thatrdquo

A Mercedes Benz HGV prototype with glass panel in the passenger door

A spokesperson for TfL said that measures to address HGV safety would be announced in the coming weeks London mayor Sadiq Khan also backed the standard as a component of his election campaign

Between 2000 and 2012 the numbers of cyclists killed or seriously injured in London increased by 59 and by 21 nationally despite the numbers of casualties on Britainrsquos roads declining in the same period

Research carried out by Loughborough University released on 29 July found that in general HGV blinds spots were larger when the seating position of the driver was higher concluding that this could be a contributing factor in accidents between construction vehicles and cyclists and pedestrians

The research team from the universityrsquos Design School scanned 19 of the most popular HGVs to determine which design variables can affect the size of blind spots

It compared HGVs with low entry cab designs vehicles used in the distribution of goods within city centres (category N3 vehicles) lorries used to transport materials for the construction industry with off-road specifications (category N3G vehicles) and vehicles used for long distance haulage (also N3)If you seriously want to reduce the number of collisions involving vulnerable road users and HGVs you have to improve the direct field of vision for drivers

The researchers recreated accidents involving

TFL POISED TO RELEASE DIRECT VISION STANDARD FOR HGVS

latestnews

cyclists and pedestrians placing them in a number of locations adjacent to the HGVs and plotted where blind spots existed in both driversrsquo ldquodirect visionrdquo (areas that they can see themselves) and ldquoindirect visionrdquo (areas that drivers can see only with mirrors)

The study found that cabs configured for the construction industry are 32 higher than the same model configured for distribution vehicles

This means that the blind spot immediately in front of a construction HGV is up to three times greater than that on the distribution variant

Similarly a cyclist would have to be up to twice the distance from the passenger side of a construction lorry before they can be spotted than on the distribution variant

For example a driver in the distribution variant of a Scania P would be able to see a cyclist directly adjacent to the passenger side door However the driver of the construction variant who sits around 34cm higher would only be able to see a cyclist if they were more than 13m away

The researchers said that the work has highlighted the need for a new standard that defines what should be visible through direct vision from the vehicle

While the indirect vision available to the driver is regulated by the European Commission the researchers point out that there are no standards to

ensure that cab windows allow drivers suitable direct vision

Steve Summerskill who led the research project said ldquoWe found that all standard vehicle configurations have blind spots which can hide vulnerable road users from the driverrsquos direct vision

ldquoHowever the height of the cab above the ground is the key vehicle factor which affects the size of direct vision and indirect vision blind spots Low entry cab designs which are the lowest of the 19 vehicles tested demonstrated real benefits in terms of reducing direct vision blind spots when compared to standard vehicle designs

ldquoIf you seriously want to reduce the number of collisions involving vulnerable road users and HGVs you have to improve the direct field of vision for drivers ndash and from our research this means lowering HGV cab designs or adopting low entry cab designsrdquo

Ian Wainwright TfLrsquos head of freight and fleet said ldquoThe best decisions are those based on evidence and the research that we commissioned Loughborough to undertake is another tool in the box to make the right choices to improve road safety This research into comparing direct vision of HGV drivers will create the platform to take efforts on road safety furtherrdquo

latestnews

14

latestprojects

A WEEK IN THE LIFE OF AN ENVIRONMENT AGENCY PRINCIPAL DESIGNER

My name is Brian Smith and I am employed by Callsafe Services Ltd based in Rugeley and seconded via CH2M to the Environment Agency

(EA) Based in Peterborough I cover East Anglia Together Hub (Essex Norfolk Suffolk Cambridgeshire amp Bedfordshire) and Lincolnshire amp Northamptonshire

Myself and a team of 4 panel principal designers providing Principal Designer (PD) services as well construction health and safety advice to the EA I also undertake a training support and mentoring role to EA staff and the panel PDrsquos

Monday

This week is already looking a busy week 3 meetings today

First at South Ferriby Depot North Lincolnshire the lock gates headgear and lock chamber along with other surrounding structures have been identified in need of works and it is the first site meeting to establish the exact extent of the works

This meeting proves very useful in understanding access issues the requirements for lifting operations and how our works will affect the adjacent main road which is also an access to a nearby cement factory It also highlighted the variety of skill sets required from designers engineers lifting specialists mechanical amp electrical specialists and diving specialists to name but a few

Second the EA Mechanical Electrical Integrated Controls and Automation (MEICA) team at Lincoln have a programme of 6 refurbishment projects some of which are on-site and others in preparation The works plan is progressing and the initial sites are just commencing the works replacing refurbishing the pumps at two pumping stations whilst two more projects dealing with sluice operations are reviewed By the end of the meeting we have an agreed start date

Lastly a meeting with the EA Hydrometry

From Google Maps

Plant distributing sand pumped ashore from the dredgePhotograph Courtesy of Team Van Oord

latestprojects

and Telemetry (HampT) team who have just completed their in-house CDM training and are undertaking a probationary period before being assessed by myself prior to being authorised to undertake duty holder roles The team are progressing well and my role at this visit is to provide reassurance that the work they have completed to date is up to the required standards and to provide guidance on the next steps

Tuesday

Audit of a beach re-nourishment project based at Anderby Creek on the Lincolnshire coast and report back to the National Health Safety amp Wellbeing team Arrival on-site is early 0730 as this project is a 24 hour operation maximising the tidal windowsGreeted by the team the audit begins focusing on all elements of the way the site is managed The audit covers site layout

general completion of statutory paperwork site activities traffic management waste management and environmental performance

Feedback given to the team and report written (a long day) leave site

Wednesday

Ipswich Tidal Barrier the final piece of the solution protecting the Suffolk town and a progress meeting covering various design elements Followed by a spatial awareness and MEICA meeting

A confined space issue is discussed and resolved within the project team resulting in a decision to build a full size mock up in timber to enable the team to test the theories This may seem to be a lot of effort but the designers did try 3D imagining of the tidal barrier with persons shown on the drawings

15

latestprojects

and models but the team felt that they were still not very confident from the information displayed in the graphic modelling

The timber mock-up has also provided an opportunity for the confined spaces team to be trained in a safe environment and the opportunity to make a video on how to enter the gate structure what the layout will be

This video will then be stored within the health safety file for reference by future teams maintaining the tidal barrier over the coming years

Construction on-site is progressing well the foundation piles are being driven and work on other areas is progressing in line with the programme

Thursday

In the Peterborough office with the EA national capital programme management service (ncpms) team The day is spent dealing with

16

Two photographs of the tidal barrier mock up and confined space issuesAbove Photos courtesy of Volkerstevin Boskalis Atkins consortium

Foundation piles being driven

latestprojects

Friday PM a teleconference with the team to catch up on what the team have achieved and issues that have arisen during the week

This teleconference results in a number of good practices getting acknowledge and circulated There are also some items that need further attention in particular an issue in relation to HydrogenMethanol powered plant regarding CE marking fire risks signage and storage of fuel cells and site layout when using it

Final job Friday afternoon finish email replies paperwork and make the last few calls to finalise arrangements for meetings site visits and audits planned for next week

Photograph of the Cawood BargePhotograph courtesy of the EA Spalding Field Team

current and future projects Pre-Construction Information considerationsrequirements progress and design reviews

Also performed liaison with Independent Technical Advisors and a routine catch up with the business manager PD resource planning

Friday

In the Spalding office meeting the local field team who are planning offshore work using plant from an EA barge to stone mud banks in tidal estuaries The work plan is to load an excavator with grab at Boston docks then return to the normal berth and load the stone before sailing out and depositing the stone within the estuaries to assist in maintaining the training walls (mud banks that deflect flow of water to keep it running in the desired direction minimising mudflat movement)The pre-construction information is gathered and produced with the methodologies previously used to be fully reviewed and updated Voyage plans Notice to Mariners and information is sent to the Marine Management Organisation

17

18

latestprosecutions

ROOFING FIRMS FINED AFTER WORKER FELL TO HIS DEATHTwo roofing companies and one of their directors have been fined after a worker fell to his death through a skylight

Cardiff Crown Court heard how 46-year old Lance Davies a father of seven died after falling over seven metres through a roof light at industrial premises in the Crumlin area of South Wales

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 15th December 2011 found that the work at height on the roof was not properly planned managed or monitored There were inadequate control measures in place to prevent a fall through the roof lights

SPAN Roofing Contractors Limited pleaded guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007 and was fined pound65000 and ordered to pay costs of pound37500

B amp T Roofing Solutions Limited pleaded guilty

to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound20000

Kristian Griffiths a director of B amp T Roofing Solutions Ltd pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 by virtue of Section 37 of the Health and Safety at work etc Act 1974 and was given a 160 hours community service order

B amp T Roofing Solutions and Kristian Griffiths were ordered to pay costs of pound32500 between them

BULGARIAN FIRM FINED FOR POOR WORK AT HEIGHTA Bulgarian construction firm has been fined after a member of the public reported unsafe working practices during the construction of an adventure course in Markeaton Park Derby

Derby Magistratesrsquo Court heard how a passing member of the public noticed work at height being carried out from a pallet on the forks of

latestprosecutions

a telehandler at the site in Markeaton Park where a high ropes adventure course was being constructed by Bulgarian based firm Walltopia

The member of the public first reported this to the company but despite receiving assurances the matter would be dealt with unsafe work at height continued They then reported it to the HSE

The resulting HSErsquos investigation at the site found work was taking place on a section of roof 11 metres off the ground without the use of any means to prevent two workers falling from the open edges In addition these workers were accessing the roof by climbing from the basket of a cherry picker

Walltopia of Bulgaria Boulevard Letnitsa Bulgaria was fined pound500000 and ordered to pay costs of pound801325 after pleading guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005

CONSTRUCTION FIRM SENTENCED AFTER WORKER FALLS DOWN A LIFT PIT Cardiff-based construction company Jehu Project Services Ltd has been sentenced after a worker was seriously injured falling down a lift pit

The incident happened on 8th July 2015 at a construction site in Pontcanna Cardiff Stephen Harrison a specialist drilling contractor was employed by Jehu to help refurbish a 73-bed care home when he fell into the basement of a lift pit that was under construction

Mr Harrison stepped onto the ground floor having been working off a tower scaffold but stood on a loose concrete block causing him to fall backwards head-first into a skip full of

rubble on the floor below

A specialist Fire and Rescue team were nearby and after stabilising Mr Harrison attached him to the hook of a tower crane and winched him out of the pit over the site and into the carpark of a housing estate nearby where an ambulance was waiting

Mr Harrison suffered shattered vertebrae five broken ribs a punctured lung and spent 18 days in hospital He is still recovering and although not paralysed his injuries were life-changing and he will not return to work

The HSE investigated the incident and found that Jehu had been using a system of lightweight barriers around the edges of the drop along with bean bags at the bottom of the hole but these were incompatible with all of the work that needed to be done by the different contractors and had been removed Following the incident all of the danger areas were fenced with scaffolding

Newport Crown Court heard that there were numerous management failings associated with this project which included a lack of effective site management and supervision a construction plan that did not properly consider obvious working at height risks and a lack of an effective Temporary Works Management System

Jehu Project Services Ltd pleaded guilty to breaching Construction (Design and Management) Regulations 2015 Regulation 13(1) and Work at Height Regulations 2005 Regulation 6(3) and was fined pound143000 and ordered to pay full costs of pound1502930

HSE Inspector Liam Osborne who brought the case said ldquoJehu had been given many warnings in the past by HSE about the lack of effective planning managing and

19

latestprosecutions

monitoring on their construction sites as well as warnings about unsafe working at height The court heard some really positive steps the company are now taking to put these matters right including making substantial management changes

ldquoIt is crucial that construction firms properly think through the risks involved before starting work they then need to ensure there is a workable plan to iron-out or manage the resultant dangers

ldquoThere is a clear hierarchy for managing work at height risks site managers need to prevent it if possible and then provide suitable fixed barriers Lower-order measures such as soft-landing systems or the use of harnesses should only be selected as a last resort and if it is safe and appropriate to do sordquo

PRODUCERS OF STAR WARS PLEAD GUILTYFoodles Production (UK) Ltd has pleaded guilty to failing to protect actors and workers following an incident in which actor Harrison Ford was seriously injured during the filming of Star Wars The Force Awakens

Foodles Production (UK) Ltd appeared at Milton Keynes Magistrates Court on 26th July pleading guilty to two charges The case has now been transferred to Aylesbury Crown Court date to be confirmed

Mr Ford suffered a broken leg and other injuries when he was struck by a metal door on the set of the Millennium Falcon The incident happened on 12th June 2014 at Pinewood Studios

A spokesman for HSE said ldquoDuring the filming of Star Wars Episode Seven The Force Awakens the actor Harrison Ford was badly injured after he became trapped under a

rapidly closing metal-framed door The power of the doorrsquos drive system was comparable to the weight of a small car

ldquoThis was a foreseeable incident Foodles Production (UK) Ltd has accepted it failed to protect actors and staff and HSE welcomes the firmrsquos guilty plea

ldquoEvery employer in every industry has a legal duty to manage risks in the workplace Risks are part and parcel of everyday life and this is acknowledged by health and safety law but they still need to be identified and managed in a proportionate way

ldquoThe British film industry has a world renowned reputation for making exceptional films Managing on-set risks in a sensible and proportionate way for all actors and staff regardless of their celebrity status and is vital to protecting both on-screen and off-screen talent as well as protecting the reputation of the industryrdquo

NATIONAL STEEL FIRM FINED pound198MILLION FOR SAFETY FAILINGSTata Steel has been fined after two workers suffered injuries to their hands in two separate incidents involving machinery

Northampton Crown Court heard how a 26-year-old employee lost two thirds of his left hand and his middle and ring fingers whilst trying to clear a blockage on a steel tube manufacturing line which had unsuitable guarding and in a separate incident a 52-year-old team leader lost part of his little finger when his left hand was caught again in an inadequately guarded machine whilst he was receiving refresher training

An investigation by the HSE into the incidents which occurred on 12th September 2014 and 19th February 2015 found that there was a

20

latestprosecutions

failure to appropriately guard and manage the risks arising from dangerous parts of these items of machinery

Tata UK Limited pleaded guilty to two counts of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound198million (pound185000 was for the first offence and pound18m for the second offence) and ordered to pay costs of pound22500

BRADFORD FIRM FINED AFTER WORKER FELL THROUGH SKYLIGHTA company which manufactures signage and displays for high street retailer was sentenced today for safety breaches after a worker fell to his death through a roof light

Richard Perry 43 was working with a colleague covering roof lights with blackout vinyl in June 2014 at Whiteghyll Plastics Ltd This was in an attempt to block out the sunlight to reduce the heat within the factory Mr Perry fell 55 metres through a fragile roof light to the fabrications department below

The company failed to adequately supervise Mr Perry and another employee There were several missed opportunities by a number of managers to stop them from working on the roof The HSE prosecuted the firm over the incident

Whiteghyll Plastics Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined pound120000 with pound37655 costs by Bradford Crown Court

COMPANY DISMANTLING HGV FINED FOR SAFETY FAILINGSA North Lincolnshire company has been fined after a worker was injured whilst dismantling a HGV tipper lorry

Scunthorpe Magistratesrsquo Court heard how two employees of R Martinson Limited were dismantling an HGV lorry using a telehandler like a mobile crane for lifting operations

One employee operated the telehandler to remove a metal rail weighing about 44 kg from the chassis when it struck the second employee 68-year-old George Henry Johnson He suffered a traumatic skull fracture that have left him with permanent injuries and reliant on other family members for his care

The investigation by the HSE into the incident which occurred in April 2015 found that the company had failed to adequately plan organise control and monitor the way in which the operation was undertaken Using a telehandler to lift and move parts like a mobile crane is a high risk activity and the company failed to apply basic principles of health and safety management to reduce the risk of serious personal injury

R Martinson Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined pound53300 and ordered to pay costs of pound129310

AGENCY WORKER INJURED AT MALTING FACTORYA malting company based in Suffolk has been fined after an agency worker was injured when he fell from a ladder

Scarborough Magistratesrsquo Court heard how an agency worker employed with Pauls Malt Limited at their West Knapton malting factory near Malton was injured when he fell approximately two metres from a ladder He sustained two fractures to his right foot and bruising to his chest and head injuries

He was in the process of checking the fill level of the malt in a container that he was loading

21

latestprosecutions

for export prior to closing the hopper feed The container was fitted with a full-size fabric liner with a high level loading flap which would be zipped up once the container was full

An investigation by the HSE into the incident which occurred on 6th May 2015 found that the company had not carried out a suitable and sufficient risk assessment of the work at height involved in closing the zipped flaps on the fabric liners used to line containers that were being loaded with malt for export

A system of work had developed which involved propping a 4-metre long ladder against the rear of the container to gain access to the zip-up flap The ladder was too long for this purpose and was propped at too shallow an angle The ladder slipped outwards at the foot causing the agency worker to fall with the ladder

Pauls Malt Limited (trading as Boortmalt) pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined pound100000 and ordered to pay costs of pound2257

COMPANY EXPOSE FAMILY TO RISK OF ASBESTOSA Hertfordshire-based home improvement company has been fined after the unsafe removal of asbestos material from a domestic property

St Albans Magistratesrsquo Court heard how Ace of Hearts Home Improvement Limited (AOH) removed asbestos containing materials (ACM) from a domestic property in St Albans

The Asbestos Insulation Board (AIB) soffits surrounding the underside of the guttering around the front gable end and back of the property had been dismantled in an unsafe manner creating the serious risk of respiratory

exposure of asbestos fibres to the two workers and the residents of the property (family of four including two children)

An investigation by the HSE into the incident which occurred on 25th September 2015 found that the company were not licensed to remove asbestos

Ace of Hearts Home Improvements Limited pleaded guilty to breaching Regulation 8(1) and Regulation 16 of the Control of Asbestos at Work Regulations 2012 and The Health amp Safety at Work etc Act 1974 Section 33(1)(g) in that it failed to comply with an Improvement Notice and was fined pound100000 and ordered to pay costs of pound211850

TIMBER-FRAME FIRM FINED FOR FIRE SAFETY AND TRAFFIC OFFENCESJ G Hale Construction Ltd based in South Wales has been fined pound100000 for running an unsafe timber-frame construction site

Cwmbran Magistratesrsquo Court heard that the HSE launched an investigation on 27th July 2015 after making an unannounced visit to inspect Halersquos site in the centre of Blaenavon

Fifty-four timber-frame houses were under construction which carry a serious fire risk if not planned or managed properly as the structures are made from wood If a fire starts the speed and intensity of fire spread can be extreme putting workers and even members of the public at risk of harm

The HSE found that measures to prevent a fire starting and getting out of control had not been properly taken All the houses were under construction at broadly the same stage with little fire protection a lack of site management control insufficient means to detect a fire and raise the alarm poor control of ignition sources and a general lack of

22

latestprosecutions

emergency planning Workers were also at risk of being struck or crushed by construction vehicles on site

Improvement Notices were served regarding fire and vehicle safety issues and these were complied with after two further inspection visits

J G Hale Construction Limited who also manufacture timber frames for the construction industry pleaded guilty to breaching Regulations 27 and 29 of the Construction (Design and Management) Regulations 2015 and was fined pound40000 and pound60000 respectively They were ordered to pay full prosecution costs of pound463376 and a

statutory surcharge of pound120

After the hearing HSE inspector Liam Osborne said ldquoHale Construction had been given plenty of warnings about fire-safety and traffic risks in the recent past including from HSE

ldquoTimber-frame houses are perfectly safe once theyrsquore finished and protected but when under construction they can be very dangerous Stringent fire-safety standards need to be in place well before the build starts and then maintained and monitoredrdquo

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

23

Transport for London (TfL) is set to introduce the worldrsquos first ldquodirect visionrdquo standard to reduce HGV driversrsquo blind spots in an attempt to reduce the disproportionate number of cyclist deaths attributed to large vehicles on the capitalrsquos roads

The standard due to be released in the next two weeks is likely to force firms to use HGVs with vision panels in the passenger doors larger windscreens and low entry cabs with driverrsquos seats that are closer to the ground

The announcement came as new research showed that construction lorries pose a greater risk to cyclists and pedestrians than other HGVs because their blinds spots are up to three times larger than other lorries

Val Shawcross the capitalrsquos deputy mayor for transport speaking at a recent event suggested that the new standard could be incorporated into TfLrsquos Safer Lorry Scheme which only allows HGVs fitted with basic safety equipment onto Greater Londons roads

Addressing New London Architecturersquos annual cycling summit on 3 August she said ldquoTfL is working now on a world first direct vision standard The Safer Lorry Scheme was launched in 2015 and wersquore looking as I said at how we can strengthen thatrdquo

A Mercedes Benz HGV prototype with glass panel in the passenger door

A spokesperson for TfL said that measures to address HGV safety would be announced in the coming weeks London mayor Sadiq Khan also backed the standard as a component of his election campaign

Between 2000 and 2012 the numbers of cyclists killed or seriously injured in London increased by 59 and by 21 nationally despite the numbers of casualties on Britainrsquos roads declining in the same period

Research carried out by Loughborough University released on 29 July found that in general HGV blinds spots were larger when the seating position of the driver was higher concluding that this could be a contributing factor in accidents between construction vehicles and cyclists and pedestrians

The research team from the universityrsquos Design School scanned 19 of the most popular HGVs to determine which design variables can affect the size of blind spots

It compared HGVs with low entry cab designs vehicles used in the distribution of goods within city centres (category N3 vehicles) lorries used to transport materials for the construction industry with off-road specifications (category N3G vehicles) and vehicles used for long distance haulage (also N3)If you seriously want to reduce the number of collisions involving vulnerable road users and HGVs you have to improve the direct field of vision for drivers

The researchers recreated accidents involving

TFL POISED TO RELEASE DIRECT VISION STANDARD FOR HGVS

latestnews

cyclists and pedestrians placing them in a number of locations adjacent to the HGVs and plotted where blind spots existed in both driversrsquo ldquodirect visionrdquo (areas that they can see themselves) and ldquoindirect visionrdquo (areas that drivers can see only with mirrors)

The study found that cabs configured for the construction industry are 32 higher than the same model configured for distribution vehicles

This means that the blind spot immediately in front of a construction HGV is up to three times greater than that on the distribution variant

Similarly a cyclist would have to be up to twice the distance from the passenger side of a construction lorry before they can be spotted than on the distribution variant

For example a driver in the distribution variant of a Scania P would be able to see a cyclist directly adjacent to the passenger side door However the driver of the construction variant who sits around 34cm higher would only be able to see a cyclist if they were more than 13m away

The researchers said that the work has highlighted the need for a new standard that defines what should be visible through direct vision from the vehicle

While the indirect vision available to the driver is regulated by the European Commission the researchers point out that there are no standards to

ensure that cab windows allow drivers suitable direct vision

Steve Summerskill who led the research project said ldquoWe found that all standard vehicle configurations have blind spots which can hide vulnerable road users from the driverrsquos direct vision

ldquoHowever the height of the cab above the ground is the key vehicle factor which affects the size of direct vision and indirect vision blind spots Low entry cab designs which are the lowest of the 19 vehicles tested demonstrated real benefits in terms of reducing direct vision blind spots when compared to standard vehicle designs

ldquoIf you seriously want to reduce the number of collisions involving vulnerable road users and HGVs you have to improve the direct field of vision for drivers ndash and from our research this means lowering HGV cab designs or adopting low entry cab designsrdquo

Ian Wainwright TfLrsquos head of freight and fleet said ldquoThe best decisions are those based on evidence and the research that we commissioned Loughborough to undertake is another tool in the box to make the right choices to improve road safety This research into comparing direct vision of HGV drivers will create the platform to take efforts on road safety furtherrdquo

latestnews

14

latestprojects

A WEEK IN THE LIFE OF AN ENVIRONMENT AGENCY PRINCIPAL DESIGNER

My name is Brian Smith and I am employed by Callsafe Services Ltd based in Rugeley and seconded via CH2M to the Environment Agency

(EA) Based in Peterborough I cover East Anglia Together Hub (Essex Norfolk Suffolk Cambridgeshire amp Bedfordshire) and Lincolnshire amp Northamptonshire

Myself and a team of 4 panel principal designers providing Principal Designer (PD) services as well construction health and safety advice to the EA I also undertake a training support and mentoring role to EA staff and the panel PDrsquos

Monday

This week is already looking a busy week 3 meetings today

First at South Ferriby Depot North Lincolnshire the lock gates headgear and lock chamber along with other surrounding structures have been identified in need of works and it is the first site meeting to establish the exact extent of the works

This meeting proves very useful in understanding access issues the requirements for lifting operations and how our works will affect the adjacent main road which is also an access to a nearby cement factory It also highlighted the variety of skill sets required from designers engineers lifting specialists mechanical amp electrical specialists and diving specialists to name but a few

Second the EA Mechanical Electrical Integrated Controls and Automation (MEICA) team at Lincoln have a programme of 6 refurbishment projects some of which are on-site and others in preparation The works plan is progressing and the initial sites are just commencing the works replacing refurbishing the pumps at two pumping stations whilst two more projects dealing with sluice operations are reviewed By the end of the meeting we have an agreed start date

Lastly a meeting with the EA Hydrometry

From Google Maps

Plant distributing sand pumped ashore from the dredgePhotograph Courtesy of Team Van Oord

latestprojects

and Telemetry (HampT) team who have just completed their in-house CDM training and are undertaking a probationary period before being assessed by myself prior to being authorised to undertake duty holder roles The team are progressing well and my role at this visit is to provide reassurance that the work they have completed to date is up to the required standards and to provide guidance on the next steps

Tuesday

Audit of a beach re-nourishment project based at Anderby Creek on the Lincolnshire coast and report back to the National Health Safety amp Wellbeing team Arrival on-site is early 0730 as this project is a 24 hour operation maximising the tidal windowsGreeted by the team the audit begins focusing on all elements of the way the site is managed The audit covers site layout

general completion of statutory paperwork site activities traffic management waste management and environmental performance

Feedback given to the team and report written (a long day) leave site

Wednesday

Ipswich Tidal Barrier the final piece of the solution protecting the Suffolk town and a progress meeting covering various design elements Followed by a spatial awareness and MEICA meeting

A confined space issue is discussed and resolved within the project team resulting in a decision to build a full size mock up in timber to enable the team to test the theories This may seem to be a lot of effort but the designers did try 3D imagining of the tidal barrier with persons shown on the drawings

15

latestprojects

and models but the team felt that they were still not very confident from the information displayed in the graphic modelling

The timber mock-up has also provided an opportunity for the confined spaces team to be trained in a safe environment and the opportunity to make a video on how to enter the gate structure what the layout will be

This video will then be stored within the health safety file for reference by future teams maintaining the tidal barrier over the coming years

Construction on-site is progressing well the foundation piles are being driven and work on other areas is progressing in line with the programme

Thursday

In the Peterborough office with the EA national capital programme management service (ncpms) team The day is spent dealing with

16

Two photographs of the tidal barrier mock up and confined space issuesAbove Photos courtesy of Volkerstevin Boskalis Atkins consortium

Foundation piles being driven

latestprojects

Friday PM a teleconference with the team to catch up on what the team have achieved and issues that have arisen during the week

This teleconference results in a number of good practices getting acknowledge and circulated There are also some items that need further attention in particular an issue in relation to HydrogenMethanol powered plant regarding CE marking fire risks signage and storage of fuel cells and site layout when using it

Final job Friday afternoon finish email replies paperwork and make the last few calls to finalise arrangements for meetings site visits and audits planned for next week

Photograph of the Cawood BargePhotograph courtesy of the EA Spalding Field Team

current and future projects Pre-Construction Information considerationsrequirements progress and design reviews

Also performed liaison with Independent Technical Advisors and a routine catch up with the business manager PD resource planning

Friday

In the Spalding office meeting the local field team who are planning offshore work using plant from an EA barge to stone mud banks in tidal estuaries The work plan is to load an excavator with grab at Boston docks then return to the normal berth and load the stone before sailing out and depositing the stone within the estuaries to assist in maintaining the training walls (mud banks that deflect flow of water to keep it running in the desired direction minimising mudflat movement)The pre-construction information is gathered and produced with the methodologies previously used to be fully reviewed and updated Voyage plans Notice to Mariners and information is sent to the Marine Management Organisation

17

18

latestprosecutions

ROOFING FIRMS FINED AFTER WORKER FELL TO HIS DEATHTwo roofing companies and one of their directors have been fined after a worker fell to his death through a skylight

Cardiff Crown Court heard how 46-year old Lance Davies a father of seven died after falling over seven metres through a roof light at industrial premises in the Crumlin area of South Wales

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 15th December 2011 found that the work at height on the roof was not properly planned managed or monitored There were inadequate control measures in place to prevent a fall through the roof lights

SPAN Roofing Contractors Limited pleaded guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007 and was fined pound65000 and ordered to pay costs of pound37500

B amp T Roofing Solutions Limited pleaded guilty

to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound20000

Kristian Griffiths a director of B amp T Roofing Solutions Ltd pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 by virtue of Section 37 of the Health and Safety at work etc Act 1974 and was given a 160 hours community service order

B amp T Roofing Solutions and Kristian Griffiths were ordered to pay costs of pound32500 between them

BULGARIAN FIRM FINED FOR POOR WORK AT HEIGHTA Bulgarian construction firm has been fined after a member of the public reported unsafe working practices during the construction of an adventure course in Markeaton Park Derby

Derby Magistratesrsquo Court heard how a passing member of the public noticed work at height being carried out from a pallet on the forks of

latestprosecutions

a telehandler at the site in Markeaton Park where a high ropes adventure course was being constructed by Bulgarian based firm Walltopia

The member of the public first reported this to the company but despite receiving assurances the matter would be dealt with unsafe work at height continued They then reported it to the HSE

The resulting HSErsquos investigation at the site found work was taking place on a section of roof 11 metres off the ground without the use of any means to prevent two workers falling from the open edges In addition these workers were accessing the roof by climbing from the basket of a cherry picker

Walltopia of Bulgaria Boulevard Letnitsa Bulgaria was fined pound500000 and ordered to pay costs of pound801325 after pleading guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005

CONSTRUCTION FIRM SENTENCED AFTER WORKER FALLS DOWN A LIFT PIT Cardiff-based construction company Jehu Project Services Ltd has been sentenced after a worker was seriously injured falling down a lift pit

The incident happened on 8th July 2015 at a construction site in Pontcanna Cardiff Stephen Harrison a specialist drilling contractor was employed by Jehu to help refurbish a 73-bed care home when he fell into the basement of a lift pit that was under construction

Mr Harrison stepped onto the ground floor having been working off a tower scaffold but stood on a loose concrete block causing him to fall backwards head-first into a skip full of

rubble on the floor below

A specialist Fire and Rescue team were nearby and after stabilising Mr Harrison attached him to the hook of a tower crane and winched him out of the pit over the site and into the carpark of a housing estate nearby where an ambulance was waiting

Mr Harrison suffered shattered vertebrae five broken ribs a punctured lung and spent 18 days in hospital He is still recovering and although not paralysed his injuries were life-changing and he will not return to work

The HSE investigated the incident and found that Jehu had been using a system of lightweight barriers around the edges of the drop along with bean bags at the bottom of the hole but these were incompatible with all of the work that needed to be done by the different contractors and had been removed Following the incident all of the danger areas were fenced with scaffolding

Newport Crown Court heard that there were numerous management failings associated with this project which included a lack of effective site management and supervision a construction plan that did not properly consider obvious working at height risks and a lack of an effective Temporary Works Management System

Jehu Project Services Ltd pleaded guilty to breaching Construction (Design and Management) Regulations 2015 Regulation 13(1) and Work at Height Regulations 2005 Regulation 6(3) and was fined pound143000 and ordered to pay full costs of pound1502930

HSE Inspector Liam Osborne who brought the case said ldquoJehu had been given many warnings in the past by HSE about the lack of effective planning managing and

19

latestprosecutions

monitoring on their construction sites as well as warnings about unsafe working at height The court heard some really positive steps the company are now taking to put these matters right including making substantial management changes

ldquoIt is crucial that construction firms properly think through the risks involved before starting work they then need to ensure there is a workable plan to iron-out or manage the resultant dangers

ldquoThere is a clear hierarchy for managing work at height risks site managers need to prevent it if possible and then provide suitable fixed barriers Lower-order measures such as soft-landing systems or the use of harnesses should only be selected as a last resort and if it is safe and appropriate to do sordquo

PRODUCERS OF STAR WARS PLEAD GUILTYFoodles Production (UK) Ltd has pleaded guilty to failing to protect actors and workers following an incident in which actor Harrison Ford was seriously injured during the filming of Star Wars The Force Awakens

Foodles Production (UK) Ltd appeared at Milton Keynes Magistrates Court on 26th July pleading guilty to two charges The case has now been transferred to Aylesbury Crown Court date to be confirmed

Mr Ford suffered a broken leg and other injuries when he was struck by a metal door on the set of the Millennium Falcon The incident happened on 12th June 2014 at Pinewood Studios

A spokesman for HSE said ldquoDuring the filming of Star Wars Episode Seven The Force Awakens the actor Harrison Ford was badly injured after he became trapped under a

rapidly closing metal-framed door The power of the doorrsquos drive system was comparable to the weight of a small car

ldquoThis was a foreseeable incident Foodles Production (UK) Ltd has accepted it failed to protect actors and staff and HSE welcomes the firmrsquos guilty plea

ldquoEvery employer in every industry has a legal duty to manage risks in the workplace Risks are part and parcel of everyday life and this is acknowledged by health and safety law but they still need to be identified and managed in a proportionate way

ldquoThe British film industry has a world renowned reputation for making exceptional films Managing on-set risks in a sensible and proportionate way for all actors and staff regardless of their celebrity status and is vital to protecting both on-screen and off-screen talent as well as protecting the reputation of the industryrdquo

NATIONAL STEEL FIRM FINED pound198MILLION FOR SAFETY FAILINGSTata Steel has been fined after two workers suffered injuries to their hands in two separate incidents involving machinery

Northampton Crown Court heard how a 26-year-old employee lost two thirds of his left hand and his middle and ring fingers whilst trying to clear a blockage on a steel tube manufacturing line which had unsuitable guarding and in a separate incident a 52-year-old team leader lost part of his little finger when his left hand was caught again in an inadequately guarded machine whilst he was receiving refresher training

An investigation by the HSE into the incidents which occurred on 12th September 2014 and 19th February 2015 found that there was a

20

latestprosecutions

failure to appropriately guard and manage the risks arising from dangerous parts of these items of machinery

Tata UK Limited pleaded guilty to two counts of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound198million (pound185000 was for the first offence and pound18m for the second offence) and ordered to pay costs of pound22500

BRADFORD FIRM FINED AFTER WORKER FELL THROUGH SKYLIGHTA company which manufactures signage and displays for high street retailer was sentenced today for safety breaches after a worker fell to his death through a roof light

Richard Perry 43 was working with a colleague covering roof lights with blackout vinyl in June 2014 at Whiteghyll Plastics Ltd This was in an attempt to block out the sunlight to reduce the heat within the factory Mr Perry fell 55 metres through a fragile roof light to the fabrications department below

The company failed to adequately supervise Mr Perry and another employee There were several missed opportunities by a number of managers to stop them from working on the roof The HSE prosecuted the firm over the incident

Whiteghyll Plastics Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined pound120000 with pound37655 costs by Bradford Crown Court

COMPANY DISMANTLING HGV FINED FOR SAFETY FAILINGSA North Lincolnshire company has been fined after a worker was injured whilst dismantling a HGV tipper lorry

Scunthorpe Magistratesrsquo Court heard how two employees of R Martinson Limited were dismantling an HGV lorry using a telehandler like a mobile crane for lifting operations

One employee operated the telehandler to remove a metal rail weighing about 44 kg from the chassis when it struck the second employee 68-year-old George Henry Johnson He suffered a traumatic skull fracture that have left him with permanent injuries and reliant on other family members for his care

The investigation by the HSE into the incident which occurred in April 2015 found that the company had failed to adequately plan organise control and monitor the way in which the operation was undertaken Using a telehandler to lift and move parts like a mobile crane is a high risk activity and the company failed to apply basic principles of health and safety management to reduce the risk of serious personal injury

R Martinson Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined pound53300 and ordered to pay costs of pound129310

AGENCY WORKER INJURED AT MALTING FACTORYA malting company based in Suffolk has been fined after an agency worker was injured when he fell from a ladder

Scarborough Magistratesrsquo Court heard how an agency worker employed with Pauls Malt Limited at their West Knapton malting factory near Malton was injured when he fell approximately two metres from a ladder He sustained two fractures to his right foot and bruising to his chest and head injuries

He was in the process of checking the fill level of the malt in a container that he was loading

21

latestprosecutions

for export prior to closing the hopper feed The container was fitted with a full-size fabric liner with a high level loading flap which would be zipped up once the container was full

An investigation by the HSE into the incident which occurred on 6th May 2015 found that the company had not carried out a suitable and sufficient risk assessment of the work at height involved in closing the zipped flaps on the fabric liners used to line containers that were being loaded with malt for export

A system of work had developed which involved propping a 4-metre long ladder against the rear of the container to gain access to the zip-up flap The ladder was too long for this purpose and was propped at too shallow an angle The ladder slipped outwards at the foot causing the agency worker to fall with the ladder

Pauls Malt Limited (trading as Boortmalt) pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined pound100000 and ordered to pay costs of pound2257

COMPANY EXPOSE FAMILY TO RISK OF ASBESTOSA Hertfordshire-based home improvement company has been fined after the unsafe removal of asbestos material from a domestic property

St Albans Magistratesrsquo Court heard how Ace of Hearts Home Improvement Limited (AOH) removed asbestos containing materials (ACM) from a domestic property in St Albans

The Asbestos Insulation Board (AIB) soffits surrounding the underside of the guttering around the front gable end and back of the property had been dismantled in an unsafe manner creating the serious risk of respiratory

exposure of asbestos fibres to the two workers and the residents of the property (family of four including two children)

An investigation by the HSE into the incident which occurred on 25th September 2015 found that the company were not licensed to remove asbestos

Ace of Hearts Home Improvements Limited pleaded guilty to breaching Regulation 8(1) and Regulation 16 of the Control of Asbestos at Work Regulations 2012 and The Health amp Safety at Work etc Act 1974 Section 33(1)(g) in that it failed to comply with an Improvement Notice and was fined pound100000 and ordered to pay costs of pound211850

TIMBER-FRAME FIRM FINED FOR FIRE SAFETY AND TRAFFIC OFFENCESJ G Hale Construction Ltd based in South Wales has been fined pound100000 for running an unsafe timber-frame construction site

Cwmbran Magistratesrsquo Court heard that the HSE launched an investigation on 27th July 2015 after making an unannounced visit to inspect Halersquos site in the centre of Blaenavon

Fifty-four timber-frame houses were under construction which carry a serious fire risk if not planned or managed properly as the structures are made from wood If a fire starts the speed and intensity of fire spread can be extreme putting workers and even members of the public at risk of harm

The HSE found that measures to prevent a fire starting and getting out of control had not been properly taken All the houses were under construction at broadly the same stage with little fire protection a lack of site management control insufficient means to detect a fire and raise the alarm poor control of ignition sources and a general lack of

22

latestprosecutions

emergency planning Workers were also at risk of being struck or crushed by construction vehicles on site

Improvement Notices were served regarding fire and vehicle safety issues and these were complied with after two further inspection visits

J G Hale Construction Limited who also manufacture timber frames for the construction industry pleaded guilty to breaching Regulations 27 and 29 of the Construction (Design and Management) Regulations 2015 and was fined pound40000 and pound60000 respectively They were ordered to pay full prosecution costs of pound463376 and a

statutory surcharge of pound120

After the hearing HSE inspector Liam Osborne said ldquoHale Construction had been given plenty of warnings about fire-safety and traffic risks in the recent past including from HSE

ldquoTimber-frame houses are perfectly safe once theyrsquore finished and protected but when under construction they can be very dangerous Stringent fire-safety standards need to be in place well before the build starts and then maintained and monitoredrdquo

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

23

cyclists and pedestrians placing them in a number of locations adjacent to the HGVs and plotted where blind spots existed in both driversrsquo ldquodirect visionrdquo (areas that they can see themselves) and ldquoindirect visionrdquo (areas that drivers can see only with mirrors)

The study found that cabs configured for the construction industry are 32 higher than the same model configured for distribution vehicles

This means that the blind spot immediately in front of a construction HGV is up to three times greater than that on the distribution variant

Similarly a cyclist would have to be up to twice the distance from the passenger side of a construction lorry before they can be spotted than on the distribution variant

For example a driver in the distribution variant of a Scania P would be able to see a cyclist directly adjacent to the passenger side door However the driver of the construction variant who sits around 34cm higher would only be able to see a cyclist if they were more than 13m away

The researchers said that the work has highlighted the need for a new standard that defines what should be visible through direct vision from the vehicle

While the indirect vision available to the driver is regulated by the European Commission the researchers point out that there are no standards to

ensure that cab windows allow drivers suitable direct vision

Steve Summerskill who led the research project said ldquoWe found that all standard vehicle configurations have blind spots which can hide vulnerable road users from the driverrsquos direct vision

ldquoHowever the height of the cab above the ground is the key vehicle factor which affects the size of direct vision and indirect vision blind spots Low entry cab designs which are the lowest of the 19 vehicles tested demonstrated real benefits in terms of reducing direct vision blind spots when compared to standard vehicle designs

ldquoIf you seriously want to reduce the number of collisions involving vulnerable road users and HGVs you have to improve the direct field of vision for drivers ndash and from our research this means lowering HGV cab designs or adopting low entry cab designsrdquo

Ian Wainwright TfLrsquos head of freight and fleet said ldquoThe best decisions are those based on evidence and the research that we commissioned Loughborough to undertake is another tool in the box to make the right choices to improve road safety This research into comparing direct vision of HGV drivers will create the platform to take efforts on road safety furtherrdquo

latestnews

14

latestprojects

A WEEK IN THE LIFE OF AN ENVIRONMENT AGENCY PRINCIPAL DESIGNER

My name is Brian Smith and I am employed by Callsafe Services Ltd based in Rugeley and seconded via CH2M to the Environment Agency

(EA) Based in Peterborough I cover East Anglia Together Hub (Essex Norfolk Suffolk Cambridgeshire amp Bedfordshire) and Lincolnshire amp Northamptonshire

Myself and a team of 4 panel principal designers providing Principal Designer (PD) services as well construction health and safety advice to the EA I also undertake a training support and mentoring role to EA staff and the panel PDrsquos

Monday

This week is already looking a busy week 3 meetings today

First at South Ferriby Depot North Lincolnshire the lock gates headgear and lock chamber along with other surrounding structures have been identified in need of works and it is the first site meeting to establish the exact extent of the works

This meeting proves very useful in understanding access issues the requirements for lifting operations and how our works will affect the adjacent main road which is also an access to a nearby cement factory It also highlighted the variety of skill sets required from designers engineers lifting specialists mechanical amp electrical specialists and diving specialists to name but a few

Second the EA Mechanical Electrical Integrated Controls and Automation (MEICA) team at Lincoln have a programme of 6 refurbishment projects some of which are on-site and others in preparation The works plan is progressing and the initial sites are just commencing the works replacing refurbishing the pumps at two pumping stations whilst two more projects dealing with sluice operations are reviewed By the end of the meeting we have an agreed start date

Lastly a meeting with the EA Hydrometry

From Google Maps

Plant distributing sand pumped ashore from the dredgePhotograph Courtesy of Team Van Oord

latestprojects

and Telemetry (HampT) team who have just completed their in-house CDM training and are undertaking a probationary period before being assessed by myself prior to being authorised to undertake duty holder roles The team are progressing well and my role at this visit is to provide reassurance that the work they have completed to date is up to the required standards and to provide guidance on the next steps

Tuesday

Audit of a beach re-nourishment project based at Anderby Creek on the Lincolnshire coast and report back to the National Health Safety amp Wellbeing team Arrival on-site is early 0730 as this project is a 24 hour operation maximising the tidal windowsGreeted by the team the audit begins focusing on all elements of the way the site is managed The audit covers site layout

general completion of statutory paperwork site activities traffic management waste management and environmental performance

Feedback given to the team and report written (a long day) leave site

Wednesday

Ipswich Tidal Barrier the final piece of the solution protecting the Suffolk town and a progress meeting covering various design elements Followed by a spatial awareness and MEICA meeting

A confined space issue is discussed and resolved within the project team resulting in a decision to build a full size mock up in timber to enable the team to test the theories This may seem to be a lot of effort but the designers did try 3D imagining of the tidal barrier with persons shown on the drawings

15

latestprojects

and models but the team felt that they were still not very confident from the information displayed in the graphic modelling

The timber mock-up has also provided an opportunity for the confined spaces team to be trained in a safe environment and the opportunity to make a video on how to enter the gate structure what the layout will be

This video will then be stored within the health safety file for reference by future teams maintaining the tidal barrier over the coming years

Construction on-site is progressing well the foundation piles are being driven and work on other areas is progressing in line with the programme

Thursday

In the Peterborough office with the EA national capital programme management service (ncpms) team The day is spent dealing with

16

Two photographs of the tidal barrier mock up and confined space issuesAbove Photos courtesy of Volkerstevin Boskalis Atkins consortium

Foundation piles being driven

latestprojects

Friday PM a teleconference with the team to catch up on what the team have achieved and issues that have arisen during the week

This teleconference results in a number of good practices getting acknowledge and circulated There are also some items that need further attention in particular an issue in relation to HydrogenMethanol powered plant regarding CE marking fire risks signage and storage of fuel cells and site layout when using it

Final job Friday afternoon finish email replies paperwork and make the last few calls to finalise arrangements for meetings site visits and audits planned for next week

Photograph of the Cawood BargePhotograph courtesy of the EA Spalding Field Team

current and future projects Pre-Construction Information considerationsrequirements progress and design reviews

Also performed liaison with Independent Technical Advisors and a routine catch up with the business manager PD resource planning

Friday

In the Spalding office meeting the local field team who are planning offshore work using plant from an EA barge to stone mud banks in tidal estuaries The work plan is to load an excavator with grab at Boston docks then return to the normal berth and load the stone before sailing out and depositing the stone within the estuaries to assist in maintaining the training walls (mud banks that deflect flow of water to keep it running in the desired direction minimising mudflat movement)The pre-construction information is gathered and produced with the methodologies previously used to be fully reviewed and updated Voyage plans Notice to Mariners and information is sent to the Marine Management Organisation

17

18

latestprosecutions

ROOFING FIRMS FINED AFTER WORKER FELL TO HIS DEATHTwo roofing companies and one of their directors have been fined after a worker fell to his death through a skylight

Cardiff Crown Court heard how 46-year old Lance Davies a father of seven died after falling over seven metres through a roof light at industrial premises in the Crumlin area of South Wales

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 15th December 2011 found that the work at height on the roof was not properly planned managed or monitored There were inadequate control measures in place to prevent a fall through the roof lights

SPAN Roofing Contractors Limited pleaded guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007 and was fined pound65000 and ordered to pay costs of pound37500

B amp T Roofing Solutions Limited pleaded guilty

to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound20000

Kristian Griffiths a director of B amp T Roofing Solutions Ltd pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 by virtue of Section 37 of the Health and Safety at work etc Act 1974 and was given a 160 hours community service order

B amp T Roofing Solutions and Kristian Griffiths were ordered to pay costs of pound32500 between them

BULGARIAN FIRM FINED FOR POOR WORK AT HEIGHTA Bulgarian construction firm has been fined after a member of the public reported unsafe working practices during the construction of an adventure course in Markeaton Park Derby

Derby Magistratesrsquo Court heard how a passing member of the public noticed work at height being carried out from a pallet on the forks of

latestprosecutions

a telehandler at the site in Markeaton Park where a high ropes adventure course was being constructed by Bulgarian based firm Walltopia

The member of the public first reported this to the company but despite receiving assurances the matter would be dealt with unsafe work at height continued They then reported it to the HSE

The resulting HSErsquos investigation at the site found work was taking place on a section of roof 11 metres off the ground without the use of any means to prevent two workers falling from the open edges In addition these workers were accessing the roof by climbing from the basket of a cherry picker

Walltopia of Bulgaria Boulevard Letnitsa Bulgaria was fined pound500000 and ordered to pay costs of pound801325 after pleading guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005

CONSTRUCTION FIRM SENTENCED AFTER WORKER FALLS DOWN A LIFT PIT Cardiff-based construction company Jehu Project Services Ltd has been sentenced after a worker was seriously injured falling down a lift pit

The incident happened on 8th July 2015 at a construction site in Pontcanna Cardiff Stephen Harrison a specialist drilling contractor was employed by Jehu to help refurbish a 73-bed care home when he fell into the basement of a lift pit that was under construction

Mr Harrison stepped onto the ground floor having been working off a tower scaffold but stood on a loose concrete block causing him to fall backwards head-first into a skip full of

rubble on the floor below

A specialist Fire and Rescue team were nearby and after stabilising Mr Harrison attached him to the hook of a tower crane and winched him out of the pit over the site and into the carpark of a housing estate nearby where an ambulance was waiting

Mr Harrison suffered shattered vertebrae five broken ribs a punctured lung and spent 18 days in hospital He is still recovering and although not paralysed his injuries were life-changing and he will not return to work

The HSE investigated the incident and found that Jehu had been using a system of lightweight barriers around the edges of the drop along with bean bags at the bottom of the hole but these were incompatible with all of the work that needed to be done by the different contractors and had been removed Following the incident all of the danger areas were fenced with scaffolding

Newport Crown Court heard that there were numerous management failings associated with this project which included a lack of effective site management and supervision a construction plan that did not properly consider obvious working at height risks and a lack of an effective Temporary Works Management System

Jehu Project Services Ltd pleaded guilty to breaching Construction (Design and Management) Regulations 2015 Regulation 13(1) and Work at Height Regulations 2005 Regulation 6(3) and was fined pound143000 and ordered to pay full costs of pound1502930

HSE Inspector Liam Osborne who brought the case said ldquoJehu had been given many warnings in the past by HSE about the lack of effective planning managing and

19

latestprosecutions

monitoring on their construction sites as well as warnings about unsafe working at height The court heard some really positive steps the company are now taking to put these matters right including making substantial management changes

ldquoIt is crucial that construction firms properly think through the risks involved before starting work they then need to ensure there is a workable plan to iron-out or manage the resultant dangers

ldquoThere is a clear hierarchy for managing work at height risks site managers need to prevent it if possible and then provide suitable fixed barriers Lower-order measures such as soft-landing systems or the use of harnesses should only be selected as a last resort and if it is safe and appropriate to do sordquo

PRODUCERS OF STAR WARS PLEAD GUILTYFoodles Production (UK) Ltd has pleaded guilty to failing to protect actors and workers following an incident in which actor Harrison Ford was seriously injured during the filming of Star Wars The Force Awakens

Foodles Production (UK) Ltd appeared at Milton Keynes Magistrates Court on 26th July pleading guilty to two charges The case has now been transferred to Aylesbury Crown Court date to be confirmed

Mr Ford suffered a broken leg and other injuries when he was struck by a metal door on the set of the Millennium Falcon The incident happened on 12th June 2014 at Pinewood Studios

A spokesman for HSE said ldquoDuring the filming of Star Wars Episode Seven The Force Awakens the actor Harrison Ford was badly injured after he became trapped under a

rapidly closing metal-framed door The power of the doorrsquos drive system was comparable to the weight of a small car

ldquoThis was a foreseeable incident Foodles Production (UK) Ltd has accepted it failed to protect actors and staff and HSE welcomes the firmrsquos guilty plea

ldquoEvery employer in every industry has a legal duty to manage risks in the workplace Risks are part and parcel of everyday life and this is acknowledged by health and safety law but they still need to be identified and managed in a proportionate way

ldquoThe British film industry has a world renowned reputation for making exceptional films Managing on-set risks in a sensible and proportionate way for all actors and staff regardless of their celebrity status and is vital to protecting both on-screen and off-screen talent as well as protecting the reputation of the industryrdquo

NATIONAL STEEL FIRM FINED pound198MILLION FOR SAFETY FAILINGSTata Steel has been fined after two workers suffered injuries to their hands in two separate incidents involving machinery

Northampton Crown Court heard how a 26-year-old employee lost two thirds of his left hand and his middle and ring fingers whilst trying to clear a blockage on a steel tube manufacturing line which had unsuitable guarding and in a separate incident a 52-year-old team leader lost part of his little finger when his left hand was caught again in an inadequately guarded machine whilst he was receiving refresher training

An investigation by the HSE into the incidents which occurred on 12th September 2014 and 19th February 2015 found that there was a

20

latestprosecutions

failure to appropriately guard and manage the risks arising from dangerous parts of these items of machinery

Tata UK Limited pleaded guilty to two counts of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound198million (pound185000 was for the first offence and pound18m for the second offence) and ordered to pay costs of pound22500

BRADFORD FIRM FINED AFTER WORKER FELL THROUGH SKYLIGHTA company which manufactures signage and displays for high street retailer was sentenced today for safety breaches after a worker fell to his death through a roof light

Richard Perry 43 was working with a colleague covering roof lights with blackout vinyl in June 2014 at Whiteghyll Plastics Ltd This was in an attempt to block out the sunlight to reduce the heat within the factory Mr Perry fell 55 metres through a fragile roof light to the fabrications department below

The company failed to adequately supervise Mr Perry and another employee There were several missed opportunities by a number of managers to stop them from working on the roof The HSE prosecuted the firm over the incident

Whiteghyll Plastics Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined pound120000 with pound37655 costs by Bradford Crown Court

COMPANY DISMANTLING HGV FINED FOR SAFETY FAILINGSA North Lincolnshire company has been fined after a worker was injured whilst dismantling a HGV tipper lorry

Scunthorpe Magistratesrsquo Court heard how two employees of R Martinson Limited were dismantling an HGV lorry using a telehandler like a mobile crane for lifting operations

One employee operated the telehandler to remove a metal rail weighing about 44 kg from the chassis when it struck the second employee 68-year-old George Henry Johnson He suffered a traumatic skull fracture that have left him with permanent injuries and reliant on other family members for his care

The investigation by the HSE into the incident which occurred in April 2015 found that the company had failed to adequately plan organise control and monitor the way in which the operation was undertaken Using a telehandler to lift and move parts like a mobile crane is a high risk activity and the company failed to apply basic principles of health and safety management to reduce the risk of serious personal injury

R Martinson Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined pound53300 and ordered to pay costs of pound129310

AGENCY WORKER INJURED AT MALTING FACTORYA malting company based in Suffolk has been fined after an agency worker was injured when he fell from a ladder

Scarborough Magistratesrsquo Court heard how an agency worker employed with Pauls Malt Limited at their West Knapton malting factory near Malton was injured when he fell approximately two metres from a ladder He sustained two fractures to his right foot and bruising to his chest and head injuries

He was in the process of checking the fill level of the malt in a container that he was loading

21

latestprosecutions

for export prior to closing the hopper feed The container was fitted with a full-size fabric liner with a high level loading flap which would be zipped up once the container was full

An investigation by the HSE into the incident which occurred on 6th May 2015 found that the company had not carried out a suitable and sufficient risk assessment of the work at height involved in closing the zipped flaps on the fabric liners used to line containers that were being loaded with malt for export

A system of work had developed which involved propping a 4-metre long ladder against the rear of the container to gain access to the zip-up flap The ladder was too long for this purpose and was propped at too shallow an angle The ladder slipped outwards at the foot causing the agency worker to fall with the ladder

Pauls Malt Limited (trading as Boortmalt) pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined pound100000 and ordered to pay costs of pound2257

COMPANY EXPOSE FAMILY TO RISK OF ASBESTOSA Hertfordshire-based home improvement company has been fined after the unsafe removal of asbestos material from a domestic property

St Albans Magistratesrsquo Court heard how Ace of Hearts Home Improvement Limited (AOH) removed asbestos containing materials (ACM) from a domestic property in St Albans

The Asbestos Insulation Board (AIB) soffits surrounding the underside of the guttering around the front gable end and back of the property had been dismantled in an unsafe manner creating the serious risk of respiratory

exposure of asbestos fibres to the two workers and the residents of the property (family of four including two children)

An investigation by the HSE into the incident which occurred on 25th September 2015 found that the company were not licensed to remove asbestos

Ace of Hearts Home Improvements Limited pleaded guilty to breaching Regulation 8(1) and Regulation 16 of the Control of Asbestos at Work Regulations 2012 and The Health amp Safety at Work etc Act 1974 Section 33(1)(g) in that it failed to comply with an Improvement Notice and was fined pound100000 and ordered to pay costs of pound211850

TIMBER-FRAME FIRM FINED FOR FIRE SAFETY AND TRAFFIC OFFENCESJ G Hale Construction Ltd based in South Wales has been fined pound100000 for running an unsafe timber-frame construction site

Cwmbran Magistratesrsquo Court heard that the HSE launched an investigation on 27th July 2015 after making an unannounced visit to inspect Halersquos site in the centre of Blaenavon

Fifty-four timber-frame houses were under construction which carry a serious fire risk if not planned or managed properly as the structures are made from wood If a fire starts the speed and intensity of fire spread can be extreme putting workers and even members of the public at risk of harm

The HSE found that measures to prevent a fire starting and getting out of control had not been properly taken All the houses were under construction at broadly the same stage with little fire protection a lack of site management control insufficient means to detect a fire and raise the alarm poor control of ignition sources and a general lack of

22

latestprosecutions

emergency planning Workers were also at risk of being struck or crushed by construction vehicles on site

Improvement Notices were served regarding fire and vehicle safety issues and these were complied with after two further inspection visits

J G Hale Construction Limited who also manufacture timber frames for the construction industry pleaded guilty to breaching Regulations 27 and 29 of the Construction (Design and Management) Regulations 2015 and was fined pound40000 and pound60000 respectively They were ordered to pay full prosecution costs of pound463376 and a

statutory surcharge of pound120

After the hearing HSE inspector Liam Osborne said ldquoHale Construction had been given plenty of warnings about fire-safety and traffic risks in the recent past including from HSE

ldquoTimber-frame houses are perfectly safe once theyrsquore finished and protected but when under construction they can be very dangerous Stringent fire-safety standards need to be in place well before the build starts and then maintained and monitoredrdquo

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

23

14

latestprojects

A WEEK IN THE LIFE OF AN ENVIRONMENT AGENCY PRINCIPAL DESIGNER

My name is Brian Smith and I am employed by Callsafe Services Ltd based in Rugeley and seconded via CH2M to the Environment Agency

(EA) Based in Peterborough I cover East Anglia Together Hub (Essex Norfolk Suffolk Cambridgeshire amp Bedfordshire) and Lincolnshire amp Northamptonshire

Myself and a team of 4 panel principal designers providing Principal Designer (PD) services as well construction health and safety advice to the EA I also undertake a training support and mentoring role to EA staff and the panel PDrsquos

Monday

This week is already looking a busy week 3 meetings today

First at South Ferriby Depot North Lincolnshire the lock gates headgear and lock chamber along with other surrounding structures have been identified in need of works and it is the first site meeting to establish the exact extent of the works

This meeting proves very useful in understanding access issues the requirements for lifting operations and how our works will affect the adjacent main road which is also an access to a nearby cement factory It also highlighted the variety of skill sets required from designers engineers lifting specialists mechanical amp electrical specialists and diving specialists to name but a few

Second the EA Mechanical Electrical Integrated Controls and Automation (MEICA) team at Lincoln have a programme of 6 refurbishment projects some of which are on-site and others in preparation The works plan is progressing and the initial sites are just commencing the works replacing refurbishing the pumps at two pumping stations whilst two more projects dealing with sluice operations are reviewed By the end of the meeting we have an agreed start date

Lastly a meeting with the EA Hydrometry

From Google Maps

Plant distributing sand pumped ashore from the dredgePhotograph Courtesy of Team Van Oord

latestprojects

and Telemetry (HampT) team who have just completed their in-house CDM training and are undertaking a probationary period before being assessed by myself prior to being authorised to undertake duty holder roles The team are progressing well and my role at this visit is to provide reassurance that the work they have completed to date is up to the required standards and to provide guidance on the next steps

Tuesday

Audit of a beach re-nourishment project based at Anderby Creek on the Lincolnshire coast and report back to the National Health Safety amp Wellbeing team Arrival on-site is early 0730 as this project is a 24 hour operation maximising the tidal windowsGreeted by the team the audit begins focusing on all elements of the way the site is managed The audit covers site layout

general completion of statutory paperwork site activities traffic management waste management and environmental performance

Feedback given to the team and report written (a long day) leave site

Wednesday

Ipswich Tidal Barrier the final piece of the solution protecting the Suffolk town and a progress meeting covering various design elements Followed by a spatial awareness and MEICA meeting

A confined space issue is discussed and resolved within the project team resulting in a decision to build a full size mock up in timber to enable the team to test the theories This may seem to be a lot of effort but the designers did try 3D imagining of the tidal barrier with persons shown on the drawings

15

latestprojects

and models but the team felt that they were still not very confident from the information displayed in the graphic modelling

The timber mock-up has also provided an opportunity for the confined spaces team to be trained in a safe environment and the opportunity to make a video on how to enter the gate structure what the layout will be

This video will then be stored within the health safety file for reference by future teams maintaining the tidal barrier over the coming years

Construction on-site is progressing well the foundation piles are being driven and work on other areas is progressing in line with the programme

Thursday

In the Peterborough office with the EA national capital programme management service (ncpms) team The day is spent dealing with

16

Two photographs of the tidal barrier mock up and confined space issuesAbove Photos courtesy of Volkerstevin Boskalis Atkins consortium

Foundation piles being driven

latestprojects

Friday PM a teleconference with the team to catch up on what the team have achieved and issues that have arisen during the week

This teleconference results in a number of good practices getting acknowledge and circulated There are also some items that need further attention in particular an issue in relation to HydrogenMethanol powered plant regarding CE marking fire risks signage and storage of fuel cells and site layout when using it

Final job Friday afternoon finish email replies paperwork and make the last few calls to finalise arrangements for meetings site visits and audits planned for next week

Photograph of the Cawood BargePhotograph courtesy of the EA Spalding Field Team

current and future projects Pre-Construction Information considerationsrequirements progress and design reviews

Also performed liaison with Independent Technical Advisors and a routine catch up with the business manager PD resource planning

Friday

In the Spalding office meeting the local field team who are planning offshore work using plant from an EA barge to stone mud banks in tidal estuaries The work plan is to load an excavator with grab at Boston docks then return to the normal berth and load the stone before sailing out and depositing the stone within the estuaries to assist in maintaining the training walls (mud banks that deflect flow of water to keep it running in the desired direction minimising mudflat movement)The pre-construction information is gathered and produced with the methodologies previously used to be fully reviewed and updated Voyage plans Notice to Mariners and information is sent to the Marine Management Organisation

17

18

latestprosecutions

ROOFING FIRMS FINED AFTER WORKER FELL TO HIS DEATHTwo roofing companies and one of their directors have been fined after a worker fell to his death through a skylight

Cardiff Crown Court heard how 46-year old Lance Davies a father of seven died after falling over seven metres through a roof light at industrial premises in the Crumlin area of South Wales

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 15th December 2011 found that the work at height on the roof was not properly planned managed or monitored There were inadequate control measures in place to prevent a fall through the roof lights

SPAN Roofing Contractors Limited pleaded guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007 and was fined pound65000 and ordered to pay costs of pound37500

B amp T Roofing Solutions Limited pleaded guilty

to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound20000

Kristian Griffiths a director of B amp T Roofing Solutions Ltd pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 by virtue of Section 37 of the Health and Safety at work etc Act 1974 and was given a 160 hours community service order

B amp T Roofing Solutions and Kristian Griffiths were ordered to pay costs of pound32500 between them

BULGARIAN FIRM FINED FOR POOR WORK AT HEIGHTA Bulgarian construction firm has been fined after a member of the public reported unsafe working practices during the construction of an adventure course in Markeaton Park Derby

Derby Magistratesrsquo Court heard how a passing member of the public noticed work at height being carried out from a pallet on the forks of

latestprosecutions

a telehandler at the site in Markeaton Park where a high ropes adventure course was being constructed by Bulgarian based firm Walltopia

The member of the public first reported this to the company but despite receiving assurances the matter would be dealt with unsafe work at height continued They then reported it to the HSE

The resulting HSErsquos investigation at the site found work was taking place on a section of roof 11 metres off the ground without the use of any means to prevent two workers falling from the open edges In addition these workers were accessing the roof by climbing from the basket of a cherry picker

Walltopia of Bulgaria Boulevard Letnitsa Bulgaria was fined pound500000 and ordered to pay costs of pound801325 after pleading guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005

CONSTRUCTION FIRM SENTENCED AFTER WORKER FALLS DOWN A LIFT PIT Cardiff-based construction company Jehu Project Services Ltd has been sentenced after a worker was seriously injured falling down a lift pit

The incident happened on 8th July 2015 at a construction site in Pontcanna Cardiff Stephen Harrison a specialist drilling contractor was employed by Jehu to help refurbish a 73-bed care home when he fell into the basement of a lift pit that was under construction

Mr Harrison stepped onto the ground floor having been working off a tower scaffold but stood on a loose concrete block causing him to fall backwards head-first into a skip full of

rubble on the floor below

A specialist Fire and Rescue team were nearby and after stabilising Mr Harrison attached him to the hook of a tower crane and winched him out of the pit over the site and into the carpark of a housing estate nearby where an ambulance was waiting

Mr Harrison suffered shattered vertebrae five broken ribs a punctured lung and spent 18 days in hospital He is still recovering and although not paralysed his injuries were life-changing and he will not return to work

The HSE investigated the incident and found that Jehu had been using a system of lightweight barriers around the edges of the drop along with bean bags at the bottom of the hole but these were incompatible with all of the work that needed to be done by the different contractors and had been removed Following the incident all of the danger areas were fenced with scaffolding

Newport Crown Court heard that there were numerous management failings associated with this project which included a lack of effective site management and supervision a construction plan that did not properly consider obvious working at height risks and a lack of an effective Temporary Works Management System

Jehu Project Services Ltd pleaded guilty to breaching Construction (Design and Management) Regulations 2015 Regulation 13(1) and Work at Height Regulations 2005 Regulation 6(3) and was fined pound143000 and ordered to pay full costs of pound1502930

HSE Inspector Liam Osborne who brought the case said ldquoJehu had been given many warnings in the past by HSE about the lack of effective planning managing and

19

latestprosecutions

monitoring on their construction sites as well as warnings about unsafe working at height The court heard some really positive steps the company are now taking to put these matters right including making substantial management changes

ldquoIt is crucial that construction firms properly think through the risks involved before starting work they then need to ensure there is a workable plan to iron-out or manage the resultant dangers

ldquoThere is a clear hierarchy for managing work at height risks site managers need to prevent it if possible and then provide suitable fixed barriers Lower-order measures such as soft-landing systems or the use of harnesses should only be selected as a last resort and if it is safe and appropriate to do sordquo

PRODUCERS OF STAR WARS PLEAD GUILTYFoodles Production (UK) Ltd has pleaded guilty to failing to protect actors and workers following an incident in which actor Harrison Ford was seriously injured during the filming of Star Wars The Force Awakens

Foodles Production (UK) Ltd appeared at Milton Keynes Magistrates Court on 26th July pleading guilty to two charges The case has now been transferred to Aylesbury Crown Court date to be confirmed

Mr Ford suffered a broken leg and other injuries when he was struck by a metal door on the set of the Millennium Falcon The incident happened on 12th June 2014 at Pinewood Studios

A spokesman for HSE said ldquoDuring the filming of Star Wars Episode Seven The Force Awakens the actor Harrison Ford was badly injured after he became trapped under a

rapidly closing metal-framed door The power of the doorrsquos drive system was comparable to the weight of a small car

ldquoThis was a foreseeable incident Foodles Production (UK) Ltd has accepted it failed to protect actors and staff and HSE welcomes the firmrsquos guilty plea

ldquoEvery employer in every industry has a legal duty to manage risks in the workplace Risks are part and parcel of everyday life and this is acknowledged by health and safety law but they still need to be identified and managed in a proportionate way

ldquoThe British film industry has a world renowned reputation for making exceptional films Managing on-set risks in a sensible and proportionate way for all actors and staff regardless of their celebrity status and is vital to protecting both on-screen and off-screen talent as well as protecting the reputation of the industryrdquo

NATIONAL STEEL FIRM FINED pound198MILLION FOR SAFETY FAILINGSTata Steel has been fined after two workers suffered injuries to their hands in two separate incidents involving machinery

Northampton Crown Court heard how a 26-year-old employee lost two thirds of his left hand and his middle and ring fingers whilst trying to clear a blockage on a steel tube manufacturing line which had unsuitable guarding and in a separate incident a 52-year-old team leader lost part of his little finger when his left hand was caught again in an inadequately guarded machine whilst he was receiving refresher training

An investigation by the HSE into the incidents which occurred on 12th September 2014 and 19th February 2015 found that there was a

20

latestprosecutions

failure to appropriately guard and manage the risks arising from dangerous parts of these items of machinery

Tata UK Limited pleaded guilty to two counts of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound198million (pound185000 was for the first offence and pound18m for the second offence) and ordered to pay costs of pound22500

BRADFORD FIRM FINED AFTER WORKER FELL THROUGH SKYLIGHTA company which manufactures signage and displays for high street retailer was sentenced today for safety breaches after a worker fell to his death through a roof light

Richard Perry 43 was working with a colleague covering roof lights with blackout vinyl in June 2014 at Whiteghyll Plastics Ltd This was in an attempt to block out the sunlight to reduce the heat within the factory Mr Perry fell 55 metres through a fragile roof light to the fabrications department below

The company failed to adequately supervise Mr Perry and another employee There were several missed opportunities by a number of managers to stop them from working on the roof The HSE prosecuted the firm over the incident

Whiteghyll Plastics Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined pound120000 with pound37655 costs by Bradford Crown Court

COMPANY DISMANTLING HGV FINED FOR SAFETY FAILINGSA North Lincolnshire company has been fined after a worker was injured whilst dismantling a HGV tipper lorry

Scunthorpe Magistratesrsquo Court heard how two employees of R Martinson Limited were dismantling an HGV lorry using a telehandler like a mobile crane for lifting operations

One employee operated the telehandler to remove a metal rail weighing about 44 kg from the chassis when it struck the second employee 68-year-old George Henry Johnson He suffered a traumatic skull fracture that have left him with permanent injuries and reliant on other family members for his care

The investigation by the HSE into the incident which occurred in April 2015 found that the company had failed to adequately plan organise control and monitor the way in which the operation was undertaken Using a telehandler to lift and move parts like a mobile crane is a high risk activity and the company failed to apply basic principles of health and safety management to reduce the risk of serious personal injury

R Martinson Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined pound53300 and ordered to pay costs of pound129310

AGENCY WORKER INJURED AT MALTING FACTORYA malting company based in Suffolk has been fined after an agency worker was injured when he fell from a ladder

Scarborough Magistratesrsquo Court heard how an agency worker employed with Pauls Malt Limited at their West Knapton malting factory near Malton was injured when he fell approximately two metres from a ladder He sustained two fractures to his right foot and bruising to his chest and head injuries

He was in the process of checking the fill level of the malt in a container that he was loading

21

latestprosecutions

for export prior to closing the hopper feed The container was fitted with a full-size fabric liner with a high level loading flap which would be zipped up once the container was full

An investigation by the HSE into the incident which occurred on 6th May 2015 found that the company had not carried out a suitable and sufficient risk assessment of the work at height involved in closing the zipped flaps on the fabric liners used to line containers that were being loaded with malt for export

A system of work had developed which involved propping a 4-metre long ladder against the rear of the container to gain access to the zip-up flap The ladder was too long for this purpose and was propped at too shallow an angle The ladder slipped outwards at the foot causing the agency worker to fall with the ladder

Pauls Malt Limited (trading as Boortmalt) pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined pound100000 and ordered to pay costs of pound2257

COMPANY EXPOSE FAMILY TO RISK OF ASBESTOSA Hertfordshire-based home improvement company has been fined after the unsafe removal of asbestos material from a domestic property

St Albans Magistratesrsquo Court heard how Ace of Hearts Home Improvement Limited (AOH) removed asbestos containing materials (ACM) from a domestic property in St Albans

The Asbestos Insulation Board (AIB) soffits surrounding the underside of the guttering around the front gable end and back of the property had been dismantled in an unsafe manner creating the serious risk of respiratory

exposure of asbestos fibres to the two workers and the residents of the property (family of four including two children)

An investigation by the HSE into the incident which occurred on 25th September 2015 found that the company were not licensed to remove asbestos

Ace of Hearts Home Improvements Limited pleaded guilty to breaching Regulation 8(1) and Regulation 16 of the Control of Asbestos at Work Regulations 2012 and The Health amp Safety at Work etc Act 1974 Section 33(1)(g) in that it failed to comply with an Improvement Notice and was fined pound100000 and ordered to pay costs of pound211850

TIMBER-FRAME FIRM FINED FOR FIRE SAFETY AND TRAFFIC OFFENCESJ G Hale Construction Ltd based in South Wales has been fined pound100000 for running an unsafe timber-frame construction site

Cwmbran Magistratesrsquo Court heard that the HSE launched an investigation on 27th July 2015 after making an unannounced visit to inspect Halersquos site in the centre of Blaenavon

Fifty-four timber-frame houses were under construction which carry a serious fire risk if not planned or managed properly as the structures are made from wood If a fire starts the speed and intensity of fire spread can be extreme putting workers and even members of the public at risk of harm

The HSE found that measures to prevent a fire starting and getting out of control had not been properly taken All the houses were under construction at broadly the same stage with little fire protection a lack of site management control insufficient means to detect a fire and raise the alarm poor control of ignition sources and a general lack of

22

latestprosecutions

emergency planning Workers were also at risk of being struck or crushed by construction vehicles on site

Improvement Notices were served regarding fire and vehicle safety issues and these were complied with after two further inspection visits

J G Hale Construction Limited who also manufacture timber frames for the construction industry pleaded guilty to breaching Regulations 27 and 29 of the Construction (Design and Management) Regulations 2015 and was fined pound40000 and pound60000 respectively They were ordered to pay full prosecution costs of pound463376 and a

statutory surcharge of pound120

After the hearing HSE inspector Liam Osborne said ldquoHale Construction had been given plenty of warnings about fire-safety and traffic risks in the recent past including from HSE

ldquoTimber-frame houses are perfectly safe once theyrsquore finished and protected but when under construction they can be very dangerous Stringent fire-safety standards need to be in place well before the build starts and then maintained and monitoredrdquo

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

23

Plant distributing sand pumped ashore from the dredgePhotograph Courtesy of Team Van Oord

latestprojects

and Telemetry (HampT) team who have just completed their in-house CDM training and are undertaking a probationary period before being assessed by myself prior to being authorised to undertake duty holder roles The team are progressing well and my role at this visit is to provide reassurance that the work they have completed to date is up to the required standards and to provide guidance on the next steps

Tuesday

Audit of a beach re-nourishment project based at Anderby Creek on the Lincolnshire coast and report back to the National Health Safety amp Wellbeing team Arrival on-site is early 0730 as this project is a 24 hour operation maximising the tidal windowsGreeted by the team the audit begins focusing on all elements of the way the site is managed The audit covers site layout

general completion of statutory paperwork site activities traffic management waste management and environmental performance

Feedback given to the team and report written (a long day) leave site

Wednesday

Ipswich Tidal Barrier the final piece of the solution protecting the Suffolk town and a progress meeting covering various design elements Followed by a spatial awareness and MEICA meeting

A confined space issue is discussed and resolved within the project team resulting in a decision to build a full size mock up in timber to enable the team to test the theories This may seem to be a lot of effort but the designers did try 3D imagining of the tidal barrier with persons shown on the drawings

15

latestprojects

and models but the team felt that they were still not very confident from the information displayed in the graphic modelling

The timber mock-up has also provided an opportunity for the confined spaces team to be trained in a safe environment and the opportunity to make a video on how to enter the gate structure what the layout will be

This video will then be stored within the health safety file for reference by future teams maintaining the tidal barrier over the coming years

Construction on-site is progressing well the foundation piles are being driven and work on other areas is progressing in line with the programme

Thursday

In the Peterborough office with the EA national capital programme management service (ncpms) team The day is spent dealing with

16

Two photographs of the tidal barrier mock up and confined space issuesAbove Photos courtesy of Volkerstevin Boskalis Atkins consortium

Foundation piles being driven

latestprojects

Friday PM a teleconference with the team to catch up on what the team have achieved and issues that have arisen during the week

This teleconference results in a number of good practices getting acknowledge and circulated There are also some items that need further attention in particular an issue in relation to HydrogenMethanol powered plant regarding CE marking fire risks signage and storage of fuel cells and site layout when using it

Final job Friday afternoon finish email replies paperwork and make the last few calls to finalise arrangements for meetings site visits and audits planned for next week

Photograph of the Cawood BargePhotograph courtesy of the EA Spalding Field Team

current and future projects Pre-Construction Information considerationsrequirements progress and design reviews

Also performed liaison with Independent Technical Advisors and a routine catch up with the business manager PD resource planning

Friday

In the Spalding office meeting the local field team who are planning offshore work using plant from an EA barge to stone mud banks in tidal estuaries The work plan is to load an excavator with grab at Boston docks then return to the normal berth and load the stone before sailing out and depositing the stone within the estuaries to assist in maintaining the training walls (mud banks that deflect flow of water to keep it running in the desired direction minimising mudflat movement)The pre-construction information is gathered and produced with the methodologies previously used to be fully reviewed and updated Voyage plans Notice to Mariners and information is sent to the Marine Management Organisation

17

18

latestprosecutions

ROOFING FIRMS FINED AFTER WORKER FELL TO HIS DEATHTwo roofing companies and one of their directors have been fined after a worker fell to his death through a skylight

Cardiff Crown Court heard how 46-year old Lance Davies a father of seven died after falling over seven metres through a roof light at industrial premises in the Crumlin area of South Wales

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 15th December 2011 found that the work at height on the roof was not properly planned managed or monitored There were inadequate control measures in place to prevent a fall through the roof lights

SPAN Roofing Contractors Limited pleaded guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007 and was fined pound65000 and ordered to pay costs of pound37500

B amp T Roofing Solutions Limited pleaded guilty

to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound20000

Kristian Griffiths a director of B amp T Roofing Solutions Ltd pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 by virtue of Section 37 of the Health and Safety at work etc Act 1974 and was given a 160 hours community service order

B amp T Roofing Solutions and Kristian Griffiths were ordered to pay costs of pound32500 between them

BULGARIAN FIRM FINED FOR POOR WORK AT HEIGHTA Bulgarian construction firm has been fined after a member of the public reported unsafe working practices during the construction of an adventure course in Markeaton Park Derby

Derby Magistratesrsquo Court heard how a passing member of the public noticed work at height being carried out from a pallet on the forks of

latestprosecutions

a telehandler at the site in Markeaton Park where a high ropes adventure course was being constructed by Bulgarian based firm Walltopia

The member of the public first reported this to the company but despite receiving assurances the matter would be dealt with unsafe work at height continued They then reported it to the HSE

The resulting HSErsquos investigation at the site found work was taking place on a section of roof 11 metres off the ground without the use of any means to prevent two workers falling from the open edges In addition these workers were accessing the roof by climbing from the basket of a cherry picker

Walltopia of Bulgaria Boulevard Letnitsa Bulgaria was fined pound500000 and ordered to pay costs of pound801325 after pleading guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005

CONSTRUCTION FIRM SENTENCED AFTER WORKER FALLS DOWN A LIFT PIT Cardiff-based construction company Jehu Project Services Ltd has been sentenced after a worker was seriously injured falling down a lift pit

The incident happened on 8th July 2015 at a construction site in Pontcanna Cardiff Stephen Harrison a specialist drilling contractor was employed by Jehu to help refurbish a 73-bed care home when he fell into the basement of a lift pit that was under construction

Mr Harrison stepped onto the ground floor having been working off a tower scaffold but stood on a loose concrete block causing him to fall backwards head-first into a skip full of

rubble on the floor below

A specialist Fire and Rescue team were nearby and after stabilising Mr Harrison attached him to the hook of a tower crane and winched him out of the pit over the site and into the carpark of a housing estate nearby where an ambulance was waiting

Mr Harrison suffered shattered vertebrae five broken ribs a punctured lung and spent 18 days in hospital He is still recovering and although not paralysed his injuries were life-changing and he will not return to work

The HSE investigated the incident and found that Jehu had been using a system of lightweight barriers around the edges of the drop along with bean bags at the bottom of the hole but these were incompatible with all of the work that needed to be done by the different contractors and had been removed Following the incident all of the danger areas were fenced with scaffolding

Newport Crown Court heard that there were numerous management failings associated with this project which included a lack of effective site management and supervision a construction plan that did not properly consider obvious working at height risks and a lack of an effective Temporary Works Management System

Jehu Project Services Ltd pleaded guilty to breaching Construction (Design and Management) Regulations 2015 Regulation 13(1) and Work at Height Regulations 2005 Regulation 6(3) and was fined pound143000 and ordered to pay full costs of pound1502930

HSE Inspector Liam Osborne who brought the case said ldquoJehu had been given many warnings in the past by HSE about the lack of effective planning managing and

19

latestprosecutions

monitoring on their construction sites as well as warnings about unsafe working at height The court heard some really positive steps the company are now taking to put these matters right including making substantial management changes

ldquoIt is crucial that construction firms properly think through the risks involved before starting work they then need to ensure there is a workable plan to iron-out or manage the resultant dangers

ldquoThere is a clear hierarchy for managing work at height risks site managers need to prevent it if possible and then provide suitable fixed barriers Lower-order measures such as soft-landing systems or the use of harnesses should only be selected as a last resort and if it is safe and appropriate to do sordquo

PRODUCERS OF STAR WARS PLEAD GUILTYFoodles Production (UK) Ltd has pleaded guilty to failing to protect actors and workers following an incident in which actor Harrison Ford was seriously injured during the filming of Star Wars The Force Awakens

Foodles Production (UK) Ltd appeared at Milton Keynes Magistrates Court on 26th July pleading guilty to two charges The case has now been transferred to Aylesbury Crown Court date to be confirmed

Mr Ford suffered a broken leg and other injuries when he was struck by a metal door on the set of the Millennium Falcon The incident happened on 12th June 2014 at Pinewood Studios

A spokesman for HSE said ldquoDuring the filming of Star Wars Episode Seven The Force Awakens the actor Harrison Ford was badly injured after he became trapped under a

rapidly closing metal-framed door The power of the doorrsquos drive system was comparable to the weight of a small car

ldquoThis was a foreseeable incident Foodles Production (UK) Ltd has accepted it failed to protect actors and staff and HSE welcomes the firmrsquos guilty plea

ldquoEvery employer in every industry has a legal duty to manage risks in the workplace Risks are part and parcel of everyday life and this is acknowledged by health and safety law but they still need to be identified and managed in a proportionate way

ldquoThe British film industry has a world renowned reputation for making exceptional films Managing on-set risks in a sensible and proportionate way for all actors and staff regardless of their celebrity status and is vital to protecting both on-screen and off-screen talent as well as protecting the reputation of the industryrdquo

NATIONAL STEEL FIRM FINED pound198MILLION FOR SAFETY FAILINGSTata Steel has been fined after two workers suffered injuries to their hands in two separate incidents involving machinery

Northampton Crown Court heard how a 26-year-old employee lost two thirds of his left hand and his middle and ring fingers whilst trying to clear a blockage on a steel tube manufacturing line which had unsuitable guarding and in a separate incident a 52-year-old team leader lost part of his little finger when his left hand was caught again in an inadequately guarded machine whilst he was receiving refresher training

An investigation by the HSE into the incidents which occurred on 12th September 2014 and 19th February 2015 found that there was a

20

latestprosecutions

failure to appropriately guard and manage the risks arising from dangerous parts of these items of machinery

Tata UK Limited pleaded guilty to two counts of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound198million (pound185000 was for the first offence and pound18m for the second offence) and ordered to pay costs of pound22500

BRADFORD FIRM FINED AFTER WORKER FELL THROUGH SKYLIGHTA company which manufactures signage and displays for high street retailer was sentenced today for safety breaches after a worker fell to his death through a roof light

Richard Perry 43 was working with a colleague covering roof lights with blackout vinyl in June 2014 at Whiteghyll Plastics Ltd This was in an attempt to block out the sunlight to reduce the heat within the factory Mr Perry fell 55 metres through a fragile roof light to the fabrications department below

The company failed to adequately supervise Mr Perry and another employee There were several missed opportunities by a number of managers to stop them from working on the roof The HSE prosecuted the firm over the incident

Whiteghyll Plastics Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined pound120000 with pound37655 costs by Bradford Crown Court

COMPANY DISMANTLING HGV FINED FOR SAFETY FAILINGSA North Lincolnshire company has been fined after a worker was injured whilst dismantling a HGV tipper lorry

Scunthorpe Magistratesrsquo Court heard how two employees of R Martinson Limited were dismantling an HGV lorry using a telehandler like a mobile crane for lifting operations

One employee operated the telehandler to remove a metal rail weighing about 44 kg from the chassis when it struck the second employee 68-year-old George Henry Johnson He suffered a traumatic skull fracture that have left him with permanent injuries and reliant on other family members for his care

The investigation by the HSE into the incident which occurred in April 2015 found that the company had failed to adequately plan organise control and monitor the way in which the operation was undertaken Using a telehandler to lift and move parts like a mobile crane is a high risk activity and the company failed to apply basic principles of health and safety management to reduce the risk of serious personal injury

R Martinson Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined pound53300 and ordered to pay costs of pound129310

AGENCY WORKER INJURED AT MALTING FACTORYA malting company based in Suffolk has been fined after an agency worker was injured when he fell from a ladder

Scarborough Magistratesrsquo Court heard how an agency worker employed with Pauls Malt Limited at their West Knapton malting factory near Malton was injured when he fell approximately two metres from a ladder He sustained two fractures to his right foot and bruising to his chest and head injuries

He was in the process of checking the fill level of the malt in a container that he was loading

21

latestprosecutions

for export prior to closing the hopper feed The container was fitted with a full-size fabric liner with a high level loading flap which would be zipped up once the container was full

An investigation by the HSE into the incident which occurred on 6th May 2015 found that the company had not carried out a suitable and sufficient risk assessment of the work at height involved in closing the zipped flaps on the fabric liners used to line containers that were being loaded with malt for export

A system of work had developed which involved propping a 4-metre long ladder against the rear of the container to gain access to the zip-up flap The ladder was too long for this purpose and was propped at too shallow an angle The ladder slipped outwards at the foot causing the agency worker to fall with the ladder

Pauls Malt Limited (trading as Boortmalt) pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined pound100000 and ordered to pay costs of pound2257

COMPANY EXPOSE FAMILY TO RISK OF ASBESTOSA Hertfordshire-based home improvement company has been fined after the unsafe removal of asbestos material from a domestic property

St Albans Magistratesrsquo Court heard how Ace of Hearts Home Improvement Limited (AOH) removed asbestos containing materials (ACM) from a domestic property in St Albans

The Asbestos Insulation Board (AIB) soffits surrounding the underside of the guttering around the front gable end and back of the property had been dismantled in an unsafe manner creating the serious risk of respiratory

exposure of asbestos fibres to the two workers and the residents of the property (family of four including two children)

An investigation by the HSE into the incident which occurred on 25th September 2015 found that the company were not licensed to remove asbestos

Ace of Hearts Home Improvements Limited pleaded guilty to breaching Regulation 8(1) and Regulation 16 of the Control of Asbestos at Work Regulations 2012 and The Health amp Safety at Work etc Act 1974 Section 33(1)(g) in that it failed to comply with an Improvement Notice and was fined pound100000 and ordered to pay costs of pound211850

TIMBER-FRAME FIRM FINED FOR FIRE SAFETY AND TRAFFIC OFFENCESJ G Hale Construction Ltd based in South Wales has been fined pound100000 for running an unsafe timber-frame construction site

Cwmbran Magistratesrsquo Court heard that the HSE launched an investigation on 27th July 2015 after making an unannounced visit to inspect Halersquos site in the centre of Blaenavon

Fifty-four timber-frame houses were under construction which carry a serious fire risk if not planned or managed properly as the structures are made from wood If a fire starts the speed and intensity of fire spread can be extreme putting workers and even members of the public at risk of harm

The HSE found that measures to prevent a fire starting and getting out of control had not been properly taken All the houses were under construction at broadly the same stage with little fire protection a lack of site management control insufficient means to detect a fire and raise the alarm poor control of ignition sources and a general lack of

22

latestprosecutions

emergency planning Workers were also at risk of being struck or crushed by construction vehicles on site

Improvement Notices were served regarding fire and vehicle safety issues and these were complied with after two further inspection visits

J G Hale Construction Limited who also manufacture timber frames for the construction industry pleaded guilty to breaching Regulations 27 and 29 of the Construction (Design and Management) Regulations 2015 and was fined pound40000 and pound60000 respectively They were ordered to pay full prosecution costs of pound463376 and a

statutory surcharge of pound120

After the hearing HSE inspector Liam Osborne said ldquoHale Construction had been given plenty of warnings about fire-safety and traffic risks in the recent past including from HSE

ldquoTimber-frame houses are perfectly safe once theyrsquore finished and protected but when under construction they can be very dangerous Stringent fire-safety standards need to be in place well before the build starts and then maintained and monitoredrdquo

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

23

latestprojects

and models but the team felt that they were still not very confident from the information displayed in the graphic modelling

The timber mock-up has also provided an opportunity for the confined spaces team to be trained in a safe environment and the opportunity to make a video on how to enter the gate structure what the layout will be

This video will then be stored within the health safety file for reference by future teams maintaining the tidal barrier over the coming years

Construction on-site is progressing well the foundation piles are being driven and work on other areas is progressing in line with the programme

Thursday

In the Peterborough office with the EA national capital programme management service (ncpms) team The day is spent dealing with

16

Two photographs of the tidal barrier mock up and confined space issuesAbove Photos courtesy of Volkerstevin Boskalis Atkins consortium

Foundation piles being driven

latestprojects

Friday PM a teleconference with the team to catch up on what the team have achieved and issues that have arisen during the week

This teleconference results in a number of good practices getting acknowledge and circulated There are also some items that need further attention in particular an issue in relation to HydrogenMethanol powered plant regarding CE marking fire risks signage and storage of fuel cells and site layout when using it

Final job Friday afternoon finish email replies paperwork and make the last few calls to finalise arrangements for meetings site visits and audits planned for next week

Photograph of the Cawood BargePhotograph courtesy of the EA Spalding Field Team

current and future projects Pre-Construction Information considerationsrequirements progress and design reviews

Also performed liaison with Independent Technical Advisors and a routine catch up with the business manager PD resource planning

Friday

In the Spalding office meeting the local field team who are planning offshore work using plant from an EA barge to stone mud banks in tidal estuaries The work plan is to load an excavator with grab at Boston docks then return to the normal berth and load the stone before sailing out and depositing the stone within the estuaries to assist in maintaining the training walls (mud banks that deflect flow of water to keep it running in the desired direction minimising mudflat movement)The pre-construction information is gathered and produced with the methodologies previously used to be fully reviewed and updated Voyage plans Notice to Mariners and information is sent to the Marine Management Organisation

17

18

latestprosecutions

ROOFING FIRMS FINED AFTER WORKER FELL TO HIS DEATHTwo roofing companies and one of their directors have been fined after a worker fell to his death through a skylight

Cardiff Crown Court heard how 46-year old Lance Davies a father of seven died after falling over seven metres through a roof light at industrial premises in the Crumlin area of South Wales

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 15th December 2011 found that the work at height on the roof was not properly planned managed or monitored There were inadequate control measures in place to prevent a fall through the roof lights

SPAN Roofing Contractors Limited pleaded guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007 and was fined pound65000 and ordered to pay costs of pound37500

B amp T Roofing Solutions Limited pleaded guilty

to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound20000

Kristian Griffiths a director of B amp T Roofing Solutions Ltd pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 by virtue of Section 37 of the Health and Safety at work etc Act 1974 and was given a 160 hours community service order

B amp T Roofing Solutions and Kristian Griffiths were ordered to pay costs of pound32500 between them

BULGARIAN FIRM FINED FOR POOR WORK AT HEIGHTA Bulgarian construction firm has been fined after a member of the public reported unsafe working practices during the construction of an adventure course in Markeaton Park Derby

Derby Magistratesrsquo Court heard how a passing member of the public noticed work at height being carried out from a pallet on the forks of

latestprosecutions

a telehandler at the site in Markeaton Park where a high ropes adventure course was being constructed by Bulgarian based firm Walltopia

The member of the public first reported this to the company but despite receiving assurances the matter would be dealt with unsafe work at height continued They then reported it to the HSE

The resulting HSErsquos investigation at the site found work was taking place on a section of roof 11 metres off the ground without the use of any means to prevent two workers falling from the open edges In addition these workers were accessing the roof by climbing from the basket of a cherry picker

Walltopia of Bulgaria Boulevard Letnitsa Bulgaria was fined pound500000 and ordered to pay costs of pound801325 after pleading guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005

CONSTRUCTION FIRM SENTENCED AFTER WORKER FALLS DOWN A LIFT PIT Cardiff-based construction company Jehu Project Services Ltd has been sentenced after a worker was seriously injured falling down a lift pit

The incident happened on 8th July 2015 at a construction site in Pontcanna Cardiff Stephen Harrison a specialist drilling contractor was employed by Jehu to help refurbish a 73-bed care home when he fell into the basement of a lift pit that was under construction

Mr Harrison stepped onto the ground floor having been working off a tower scaffold but stood on a loose concrete block causing him to fall backwards head-first into a skip full of

rubble on the floor below

A specialist Fire and Rescue team were nearby and after stabilising Mr Harrison attached him to the hook of a tower crane and winched him out of the pit over the site and into the carpark of a housing estate nearby where an ambulance was waiting

Mr Harrison suffered shattered vertebrae five broken ribs a punctured lung and spent 18 days in hospital He is still recovering and although not paralysed his injuries were life-changing and he will not return to work

The HSE investigated the incident and found that Jehu had been using a system of lightweight barriers around the edges of the drop along with bean bags at the bottom of the hole but these were incompatible with all of the work that needed to be done by the different contractors and had been removed Following the incident all of the danger areas were fenced with scaffolding

Newport Crown Court heard that there were numerous management failings associated with this project which included a lack of effective site management and supervision a construction plan that did not properly consider obvious working at height risks and a lack of an effective Temporary Works Management System

Jehu Project Services Ltd pleaded guilty to breaching Construction (Design and Management) Regulations 2015 Regulation 13(1) and Work at Height Regulations 2005 Regulation 6(3) and was fined pound143000 and ordered to pay full costs of pound1502930

HSE Inspector Liam Osborne who brought the case said ldquoJehu had been given many warnings in the past by HSE about the lack of effective planning managing and

19

latestprosecutions

monitoring on their construction sites as well as warnings about unsafe working at height The court heard some really positive steps the company are now taking to put these matters right including making substantial management changes

ldquoIt is crucial that construction firms properly think through the risks involved before starting work they then need to ensure there is a workable plan to iron-out or manage the resultant dangers

ldquoThere is a clear hierarchy for managing work at height risks site managers need to prevent it if possible and then provide suitable fixed barriers Lower-order measures such as soft-landing systems or the use of harnesses should only be selected as a last resort and if it is safe and appropriate to do sordquo

PRODUCERS OF STAR WARS PLEAD GUILTYFoodles Production (UK) Ltd has pleaded guilty to failing to protect actors and workers following an incident in which actor Harrison Ford was seriously injured during the filming of Star Wars The Force Awakens

Foodles Production (UK) Ltd appeared at Milton Keynes Magistrates Court on 26th July pleading guilty to two charges The case has now been transferred to Aylesbury Crown Court date to be confirmed

Mr Ford suffered a broken leg and other injuries when he was struck by a metal door on the set of the Millennium Falcon The incident happened on 12th June 2014 at Pinewood Studios

A spokesman for HSE said ldquoDuring the filming of Star Wars Episode Seven The Force Awakens the actor Harrison Ford was badly injured after he became trapped under a

rapidly closing metal-framed door The power of the doorrsquos drive system was comparable to the weight of a small car

ldquoThis was a foreseeable incident Foodles Production (UK) Ltd has accepted it failed to protect actors and staff and HSE welcomes the firmrsquos guilty plea

ldquoEvery employer in every industry has a legal duty to manage risks in the workplace Risks are part and parcel of everyday life and this is acknowledged by health and safety law but they still need to be identified and managed in a proportionate way

ldquoThe British film industry has a world renowned reputation for making exceptional films Managing on-set risks in a sensible and proportionate way for all actors and staff regardless of their celebrity status and is vital to protecting both on-screen and off-screen talent as well as protecting the reputation of the industryrdquo

NATIONAL STEEL FIRM FINED pound198MILLION FOR SAFETY FAILINGSTata Steel has been fined after two workers suffered injuries to their hands in two separate incidents involving machinery

Northampton Crown Court heard how a 26-year-old employee lost two thirds of his left hand and his middle and ring fingers whilst trying to clear a blockage on a steel tube manufacturing line which had unsuitable guarding and in a separate incident a 52-year-old team leader lost part of his little finger when his left hand was caught again in an inadequately guarded machine whilst he was receiving refresher training

An investigation by the HSE into the incidents which occurred on 12th September 2014 and 19th February 2015 found that there was a

20

latestprosecutions

failure to appropriately guard and manage the risks arising from dangerous parts of these items of machinery

Tata UK Limited pleaded guilty to two counts of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound198million (pound185000 was for the first offence and pound18m for the second offence) and ordered to pay costs of pound22500

BRADFORD FIRM FINED AFTER WORKER FELL THROUGH SKYLIGHTA company which manufactures signage and displays for high street retailer was sentenced today for safety breaches after a worker fell to his death through a roof light

Richard Perry 43 was working with a colleague covering roof lights with blackout vinyl in June 2014 at Whiteghyll Plastics Ltd This was in an attempt to block out the sunlight to reduce the heat within the factory Mr Perry fell 55 metres through a fragile roof light to the fabrications department below

The company failed to adequately supervise Mr Perry and another employee There were several missed opportunities by a number of managers to stop them from working on the roof The HSE prosecuted the firm over the incident

Whiteghyll Plastics Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined pound120000 with pound37655 costs by Bradford Crown Court

COMPANY DISMANTLING HGV FINED FOR SAFETY FAILINGSA North Lincolnshire company has been fined after a worker was injured whilst dismantling a HGV tipper lorry

Scunthorpe Magistratesrsquo Court heard how two employees of R Martinson Limited were dismantling an HGV lorry using a telehandler like a mobile crane for lifting operations

One employee operated the telehandler to remove a metal rail weighing about 44 kg from the chassis when it struck the second employee 68-year-old George Henry Johnson He suffered a traumatic skull fracture that have left him with permanent injuries and reliant on other family members for his care

The investigation by the HSE into the incident which occurred in April 2015 found that the company had failed to adequately plan organise control and monitor the way in which the operation was undertaken Using a telehandler to lift and move parts like a mobile crane is a high risk activity and the company failed to apply basic principles of health and safety management to reduce the risk of serious personal injury

R Martinson Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined pound53300 and ordered to pay costs of pound129310

AGENCY WORKER INJURED AT MALTING FACTORYA malting company based in Suffolk has been fined after an agency worker was injured when he fell from a ladder

Scarborough Magistratesrsquo Court heard how an agency worker employed with Pauls Malt Limited at their West Knapton malting factory near Malton was injured when he fell approximately two metres from a ladder He sustained two fractures to his right foot and bruising to his chest and head injuries

He was in the process of checking the fill level of the malt in a container that he was loading

21

latestprosecutions

for export prior to closing the hopper feed The container was fitted with a full-size fabric liner with a high level loading flap which would be zipped up once the container was full

An investigation by the HSE into the incident which occurred on 6th May 2015 found that the company had not carried out a suitable and sufficient risk assessment of the work at height involved in closing the zipped flaps on the fabric liners used to line containers that were being loaded with malt for export

A system of work had developed which involved propping a 4-metre long ladder against the rear of the container to gain access to the zip-up flap The ladder was too long for this purpose and was propped at too shallow an angle The ladder slipped outwards at the foot causing the agency worker to fall with the ladder

Pauls Malt Limited (trading as Boortmalt) pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined pound100000 and ordered to pay costs of pound2257

COMPANY EXPOSE FAMILY TO RISK OF ASBESTOSA Hertfordshire-based home improvement company has been fined after the unsafe removal of asbestos material from a domestic property

St Albans Magistratesrsquo Court heard how Ace of Hearts Home Improvement Limited (AOH) removed asbestos containing materials (ACM) from a domestic property in St Albans

The Asbestos Insulation Board (AIB) soffits surrounding the underside of the guttering around the front gable end and back of the property had been dismantled in an unsafe manner creating the serious risk of respiratory

exposure of asbestos fibres to the two workers and the residents of the property (family of four including two children)

An investigation by the HSE into the incident which occurred on 25th September 2015 found that the company were not licensed to remove asbestos

Ace of Hearts Home Improvements Limited pleaded guilty to breaching Regulation 8(1) and Regulation 16 of the Control of Asbestos at Work Regulations 2012 and The Health amp Safety at Work etc Act 1974 Section 33(1)(g) in that it failed to comply with an Improvement Notice and was fined pound100000 and ordered to pay costs of pound211850

TIMBER-FRAME FIRM FINED FOR FIRE SAFETY AND TRAFFIC OFFENCESJ G Hale Construction Ltd based in South Wales has been fined pound100000 for running an unsafe timber-frame construction site

Cwmbran Magistratesrsquo Court heard that the HSE launched an investigation on 27th July 2015 after making an unannounced visit to inspect Halersquos site in the centre of Blaenavon

Fifty-four timber-frame houses were under construction which carry a serious fire risk if not planned or managed properly as the structures are made from wood If a fire starts the speed and intensity of fire spread can be extreme putting workers and even members of the public at risk of harm

The HSE found that measures to prevent a fire starting and getting out of control had not been properly taken All the houses were under construction at broadly the same stage with little fire protection a lack of site management control insufficient means to detect a fire and raise the alarm poor control of ignition sources and a general lack of

22

latestprosecutions

emergency planning Workers were also at risk of being struck or crushed by construction vehicles on site

Improvement Notices were served regarding fire and vehicle safety issues and these were complied with after two further inspection visits

J G Hale Construction Limited who also manufacture timber frames for the construction industry pleaded guilty to breaching Regulations 27 and 29 of the Construction (Design and Management) Regulations 2015 and was fined pound40000 and pound60000 respectively They were ordered to pay full prosecution costs of pound463376 and a

statutory surcharge of pound120

After the hearing HSE inspector Liam Osborne said ldquoHale Construction had been given plenty of warnings about fire-safety and traffic risks in the recent past including from HSE

ldquoTimber-frame houses are perfectly safe once theyrsquore finished and protected but when under construction they can be very dangerous Stringent fire-safety standards need to be in place well before the build starts and then maintained and monitoredrdquo

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

23

latestprojects

Friday PM a teleconference with the team to catch up on what the team have achieved and issues that have arisen during the week

This teleconference results in a number of good practices getting acknowledge and circulated There are also some items that need further attention in particular an issue in relation to HydrogenMethanol powered plant regarding CE marking fire risks signage and storage of fuel cells and site layout when using it

Final job Friday afternoon finish email replies paperwork and make the last few calls to finalise arrangements for meetings site visits and audits planned for next week

Photograph of the Cawood BargePhotograph courtesy of the EA Spalding Field Team

current and future projects Pre-Construction Information considerationsrequirements progress and design reviews

Also performed liaison with Independent Technical Advisors and a routine catch up with the business manager PD resource planning

Friday

In the Spalding office meeting the local field team who are planning offshore work using plant from an EA barge to stone mud banks in tidal estuaries The work plan is to load an excavator with grab at Boston docks then return to the normal berth and load the stone before sailing out and depositing the stone within the estuaries to assist in maintaining the training walls (mud banks that deflect flow of water to keep it running in the desired direction minimising mudflat movement)The pre-construction information is gathered and produced with the methodologies previously used to be fully reviewed and updated Voyage plans Notice to Mariners and information is sent to the Marine Management Organisation

17

18

latestprosecutions

ROOFING FIRMS FINED AFTER WORKER FELL TO HIS DEATHTwo roofing companies and one of their directors have been fined after a worker fell to his death through a skylight

Cardiff Crown Court heard how 46-year old Lance Davies a father of seven died after falling over seven metres through a roof light at industrial premises in the Crumlin area of South Wales

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 15th December 2011 found that the work at height on the roof was not properly planned managed or monitored There were inadequate control measures in place to prevent a fall through the roof lights

SPAN Roofing Contractors Limited pleaded guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007 and was fined pound65000 and ordered to pay costs of pound37500

B amp T Roofing Solutions Limited pleaded guilty

to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound20000

Kristian Griffiths a director of B amp T Roofing Solutions Ltd pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 by virtue of Section 37 of the Health and Safety at work etc Act 1974 and was given a 160 hours community service order

B amp T Roofing Solutions and Kristian Griffiths were ordered to pay costs of pound32500 between them

BULGARIAN FIRM FINED FOR POOR WORK AT HEIGHTA Bulgarian construction firm has been fined after a member of the public reported unsafe working practices during the construction of an adventure course in Markeaton Park Derby

Derby Magistratesrsquo Court heard how a passing member of the public noticed work at height being carried out from a pallet on the forks of

latestprosecutions

a telehandler at the site in Markeaton Park where a high ropes adventure course was being constructed by Bulgarian based firm Walltopia

The member of the public first reported this to the company but despite receiving assurances the matter would be dealt with unsafe work at height continued They then reported it to the HSE

The resulting HSErsquos investigation at the site found work was taking place on a section of roof 11 metres off the ground without the use of any means to prevent two workers falling from the open edges In addition these workers were accessing the roof by climbing from the basket of a cherry picker

Walltopia of Bulgaria Boulevard Letnitsa Bulgaria was fined pound500000 and ordered to pay costs of pound801325 after pleading guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005

CONSTRUCTION FIRM SENTENCED AFTER WORKER FALLS DOWN A LIFT PIT Cardiff-based construction company Jehu Project Services Ltd has been sentenced after a worker was seriously injured falling down a lift pit

The incident happened on 8th July 2015 at a construction site in Pontcanna Cardiff Stephen Harrison a specialist drilling contractor was employed by Jehu to help refurbish a 73-bed care home when he fell into the basement of a lift pit that was under construction

Mr Harrison stepped onto the ground floor having been working off a tower scaffold but stood on a loose concrete block causing him to fall backwards head-first into a skip full of

rubble on the floor below

A specialist Fire and Rescue team were nearby and after stabilising Mr Harrison attached him to the hook of a tower crane and winched him out of the pit over the site and into the carpark of a housing estate nearby where an ambulance was waiting

Mr Harrison suffered shattered vertebrae five broken ribs a punctured lung and spent 18 days in hospital He is still recovering and although not paralysed his injuries were life-changing and he will not return to work

The HSE investigated the incident and found that Jehu had been using a system of lightweight barriers around the edges of the drop along with bean bags at the bottom of the hole but these were incompatible with all of the work that needed to be done by the different contractors and had been removed Following the incident all of the danger areas were fenced with scaffolding

Newport Crown Court heard that there were numerous management failings associated with this project which included a lack of effective site management and supervision a construction plan that did not properly consider obvious working at height risks and a lack of an effective Temporary Works Management System

Jehu Project Services Ltd pleaded guilty to breaching Construction (Design and Management) Regulations 2015 Regulation 13(1) and Work at Height Regulations 2005 Regulation 6(3) and was fined pound143000 and ordered to pay full costs of pound1502930

HSE Inspector Liam Osborne who brought the case said ldquoJehu had been given many warnings in the past by HSE about the lack of effective planning managing and

19

latestprosecutions

monitoring on their construction sites as well as warnings about unsafe working at height The court heard some really positive steps the company are now taking to put these matters right including making substantial management changes

ldquoIt is crucial that construction firms properly think through the risks involved before starting work they then need to ensure there is a workable plan to iron-out or manage the resultant dangers

ldquoThere is a clear hierarchy for managing work at height risks site managers need to prevent it if possible and then provide suitable fixed barriers Lower-order measures such as soft-landing systems or the use of harnesses should only be selected as a last resort and if it is safe and appropriate to do sordquo

PRODUCERS OF STAR WARS PLEAD GUILTYFoodles Production (UK) Ltd has pleaded guilty to failing to protect actors and workers following an incident in which actor Harrison Ford was seriously injured during the filming of Star Wars The Force Awakens

Foodles Production (UK) Ltd appeared at Milton Keynes Magistrates Court on 26th July pleading guilty to two charges The case has now been transferred to Aylesbury Crown Court date to be confirmed

Mr Ford suffered a broken leg and other injuries when he was struck by a metal door on the set of the Millennium Falcon The incident happened on 12th June 2014 at Pinewood Studios

A spokesman for HSE said ldquoDuring the filming of Star Wars Episode Seven The Force Awakens the actor Harrison Ford was badly injured after he became trapped under a

rapidly closing metal-framed door The power of the doorrsquos drive system was comparable to the weight of a small car

ldquoThis was a foreseeable incident Foodles Production (UK) Ltd has accepted it failed to protect actors and staff and HSE welcomes the firmrsquos guilty plea

ldquoEvery employer in every industry has a legal duty to manage risks in the workplace Risks are part and parcel of everyday life and this is acknowledged by health and safety law but they still need to be identified and managed in a proportionate way

ldquoThe British film industry has a world renowned reputation for making exceptional films Managing on-set risks in a sensible and proportionate way for all actors and staff regardless of their celebrity status and is vital to protecting both on-screen and off-screen talent as well as protecting the reputation of the industryrdquo

NATIONAL STEEL FIRM FINED pound198MILLION FOR SAFETY FAILINGSTata Steel has been fined after two workers suffered injuries to their hands in two separate incidents involving machinery

Northampton Crown Court heard how a 26-year-old employee lost two thirds of his left hand and his middle and ring fingers whilst trying to clear a blockage on a steel tube manufacturing line which had unsuitable guarding and in a separate incident a 52-year-old team leader lost part of his little finger when his left hand was caught again in an inadequately guarded machine whilst he was receiving refresher training

An investigation by the HSE into the incidents which occurred on 12th September 2014 and 19th February 2015 found that there was a

20

latestprosecutions

failure to appropriately guard and manage the risks arising from dangerous parts of these items of machinery

Tata UK Limited pleaded guilty to two counts of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound198million (pound185000 was for the first offence and pound18m for the second offence) and ordered to pay costs of pound22500

BRADFORD FIRM FINED AFTER WORKER FELL THROUGH SKYLIGHTA company which manufactures signage and displays for high street retailer was sentenced today for safety breaches after a worker fell to his death through a roof light

Richard Perry 43 was working with a colleague covering roof lights with blackout vinyl in June 2014 at Whiteghyll Plastics Ltd This was in an attempt to block out the sunlight to reduce the heat within the factory Mr Perry fell 55 metres through a fragile roof light to the fabrications department below

The company failed to adequately supervise Mr Perry and another employee There were several missed opportunities by a number of managers to stop them from working on the roof The HSE prosecuted the firm over the incident

Whiteghyll Plastics Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined pound120000 with pound37655 costs by Bradford Crown Court

COMPANY DISMANTLING HGV FINED FOR SAFETY FAILINGSA North Lincolnshire company has been fined after a worker was injured whilst dismantling a HGV tipper lorry

Scunthorpe Magistratesrsquo Court heard how two employees of R Martinson Limited were dismantling an HGV lorry using a telehandler like a mobile crane for lifting operations

One employee operated the telehandler to remove a metal rail weighing about 44 kg from the chassis when it struck the second employee 68-year-old George Henry Johnson He suffered a traumatic skull fracture that have left him with permanent injuries and reliant on other family members for his care

The investigation by the HSE into the incident which occurred in April 2015 found that the company had failed to adequately plan organise control and monitor the way in which the operation was undertaken Using a telehandler to lift and move parts like a mobile crane is a high risk activity and the company failed to apply basic principles of health and safety management to reduce the risk of serious personal injury

R Martinson Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined pound53300 and ordered to pay costs of pound129310

AGENCY WORKER INJURED AT MALTING FACTORYA malting company based in Suffolk has been fined after an agency worker was injured when he fell from a ladder

Scarborough Magistratesrsquo Court heard how an agency worker employed with Pauls Malt Limited at their West Knapton malting factory near Malton was injured when he fell approximately two metres from a ladder He sustained two fractures to his right foot and bruising to his chest and head injuries

He was in the process of checking the fill level of the malt in a container that he was loading

21

latestprosecutions

for export prior to closing the hopper feed The container was fitted with a full-size fabric liner with a high level loading flap which would be zipped up once the container was full

An investigation by the HSE into the incident which occurred on 6th May 2015 found that the company had not carried out a suitable and sufficient risk assessment of the work at height involved in closing the zipped flaps on the fabric liners used to line containers that were being loaded with malt for export

A system of work had developed which involved propping a 4-metre long ladder against the rear of the container to gain access to the zip-up flap The ladder was too long for this purpose and was propped at too shallow an angle The ladder slipped outwards at the foot causing the agency worker to fall with the ladder

Pauls Malt Limited (trading as Boortmalt) pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined pound100000 and ordered to pay costs of pound2257

COMPANY EXPOSE FAMILY TO RISK OF ASBESTOSA Hertfordshire-based home improvement company has been fined after the unsafe removal of asbestos material from a domestic property

St Albans Magistratesrsquo Court heard how Ace of Hearts Home Improvement Limited (AOH) removed asbestos containing materials (ACM) from a domestic property in St Albans

The Asbestos Insulation Board (AIB) soffits surrounding the underside of the guttering around the front gable end and back of the property had been dismantled in an unsafe manner creating the serious risk of respiratory

exposure of asbestos fibres to the two workers and the residents of the property (family of four including two children)

An investigation by the HSE into the incident which occurred on 25th September 2015 found that the company were not licensed to remove asbestos

Ace of Hearts Home Improvements Limited pleaded guilty to breaching Regulation 8(1) and Regulation 16 of the Control of Asbestos at Work Regulations 2012 and The Health amp Safety at Work etc Act 1974 Section 33(1)(g) in that it failed to comply with an Improvement Notice and was fined pound100000 and ordered to pay costs of pound211850

TIMBER-FRAME FIRM FINED FOR FIRE SAFETY AND TRAFFIC OFFENCESJ G Hale Construction Ltd based in South Wales has been fined pound100000 for running an unsafe timber-frame construction site

Cwmbran Magistratesrsquo Court heard that the HSE launched an investigation on 27th July 2015 after making an unannounced visit to inspect Halersquos site in the centre of Blaenavon

Fifty-four timber-frame houses were under construction which carry a serious fire risk if not planned or managed properly as the structures are made from wood If a fire starts the speed and intensity of fire spread can be extreme putting workers and even members of the public at risk of harm

The HSE found that measures to prevent a fire starting and getting out of control had not been properly taken All the houses were under construction at broadly the same stage with little fire protection a lack of site management control insufficient means to detect a fire and raise the alarm poor control of ignition sources and a general lack of

22

latestprosecutions

emergency planning Workers were also at risk of being struck or crushed by construction vehicles on site

Improvement Notices were served regarding fire and vehicle safety issues and these were complied with after two further inspection visits

J G Hale Construction Limited who also manufacture timber frames for the construction industry pleaded guilty to breaching Regulations 27 and 29 of the Construction (Design and Management) Regulations 2015 and was fined pound40000 and pound60000 respectively They were ordered to pay full prosecution costs of pound463376 and a

statutory surcharge of pound120

After the hearing HSE inspector Liam Osborne said ldquoHale Construction had been given plenty of warnings about fire-safety and traffic risks in the recent past including from HSE

ldquoTimber-frame houses are perfectly safe once theyrsquore finished and protected but when under construction they can be very dangerous Stringent fire-safety standards need to be in place well before the build starts and then maintained and monitoredrdquo

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

23

18

latestprosecutions

ROOFING FIRMS FINED AFTER WORKER FELL TO HIS DEATHTwo roofing companies and one of their directors have been fined after a worker fell to his death through a skylight

Cardiff Crown Court heard how 46-year old Lance Davies a father of seven died after falling over seven metres through a roof light at industrial premises in the Crumlin area of South Wales

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 15th December 2011 found that the work at height on the roof was not properly planned managed or monitored There were inadequate control measures in place to prevent a fall through the roof lights

SPAN Roofing Contractors Limited pleaded guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007 and was fined pound65000 and ordered to pay costs of pound37500

B amp T Roofing Solutions Limited pleaded guilty

to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound20000

Kristian Griffiths a director of B amp T Roofing Solutions Ltd pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 by virtue of Section 37 of the Health and Safety at work etc Act 1974 and was given a 160 hours community service order

B amp T Roofing Solutions and Kristian Griffiths were ordered to pay costs of pound32500 between them

BULGARIAN FIRM FINED FOR POOR WORK AT HEIGHTA Bulgarian construction firm has been fined after a member of the public reported unsafe working practices during the construction of an adventure course in Markeaton Park Derby

Derby Magistratesrsquo Court heard how a passing member of the public noticed work at height being carried out from a pallet on the forks of

latestprosecutions

a telehandler at the site in Markeaton Park where a high ropes adventure course was being constructed by Bulgarian based firm Walltopia

The member of the public first reported this to the company but despite receiving assurances the matter would be dealt with unsafe work at height continued They then reported it to the HSE

The resulting HSErsquos investigation at the site found work was taking place on a section of roof 11 metres off the ground without the use of any means to prevent two workers falling from the open edges In addition these workers were accessing the roof by climbing from the basket of a cherry picker

Walltopia of Bulgaria Boulevard Letnitsa Bulgaria was fined pound500000 and ordered to pay costs of pound801325 after pleading guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005

CONSTRUCTION FIRM SENTENCED AFTER WORKER FALLS DOWN A LIFT PIT Cardiff-based construction company Jehu Project Services Ltd has been sentenced after a worker was seriously injured falling down a lift pit

The incident happened on 8th July 2015 at a construction site in Pontcanna Cardiff Stephen Harrison a specialist drilling contractor was employed by Jehu to help refurbish a 73-bed care home when he fell into the basement of a lift pit that was under construction

Mr Harrison stepped onto the ground floor having been working off a tower scaffold but stood on a loose concrete block causing him to fall backwards head-first into a skip full of

rubble on the floor below

A specialist Fire and Rescue team were nearby and after stabilising Mr Harrison attached him to the hook of a tower crane and winched him out of the pit over the site and into the carpark of a housing estate nearby where an ambulance was waiting

Mr Harrison suffered shattered vertebrae five broken ribs a punctured lung and spent 18 days in hospital He is still recovering and although not paralysed his injuries were life-changing and he will not return to work

The HSE investigated the incident and found that Jehu had been using a system of lightweight barriers around the edges of the drop along with bean bags at the bottom of the hole but these were incompatible with all of the work that needed to be done by the different contractors and had been removed Following the incident all of the danger areas were fenced with scaffolding

Newport Crown Court heard that there were numerous management failings associated with this project which included a lack of effective site management and supervision a construction plan that did not properly consider obvious working at height risks and a lack of an effective Temporary Works Management System

Jehu Project Services Ltd pleaded guilty to breaching Construction (Design and Management) Regulations 2015 Regulation 13(1) and Work at Height Regulations 2005 Regulation 6(3) and was fined pound143000 and ordered to pay full costs of pound1502930

HSE Inspector Liam Osborne who brought the case said ldquoJehu had been given many warnings in the past by HSE about the lack of effective planning managing and

19

latestprosecutions

monitoring on their construction sites as well as warnings about unsafe working at height The court heard some really positive steps the company are now taking to put these matters right including making substantial management changes

ldquoIt is crucial that construction firms properly think through the risks involved before starting work they then need to ensure there is a workable plan to iron-out or manage the resultant dangers

ldquoThere is a clear hierarchy for managing work at height risks site managers need to prevent it if possible and then provide suitable fixed barriers Lower-order measures such as soft-landing systems or the use of harnesses should only be selected as a last resort and if it is safe and appropriate to do sordquo

PRODUCERS OF STAR WARS PLEAD GUILTYFoodles Production (UK) Ltd has pleaded guilty to failing to protect actors and workers following an incident in which actor Harrison Ford was seriously injured during the filming of Star Wars The Force Awakens

Foodles Production (UK) Ltd appeared at Milton Keynes Magistrates Court on 26th July pleading guilty to two charges The case has now been transferred to Aylesbury Crown Court date to be confirmed

Mr Ford suffered a broken leg and other injuries when he was struck by a metal door on the set of the Millennium Falcon The incident happened on 12th June 2014 at Pinewood Studios

A spokesman for HSE said ldquoDuring the filming of Star Wars Episode Seven The Force Awakens the actor Harrison Ford was badly injured after he became trapped under a

rapidly closing metal-framed door The power of the doorrsquos drive system was comparable to the weight of a small car

ldquoThis was a foreseeable incident Foodles Production (UK) Ltd has accepted it failed to protect actors and staff and HSE welcomes the firmrsquos guilty plea

ldquoEvery employer in every industry has a legal duty to manage risks in the workplace Risks are part and parcel of everyday life and this is acknowledged by health and safety law but they still need to be identified and managed in a proportionate way

ldquoThe British film industry has a world renowned reputation for making exceptional films Managing on-set risks in a sensible and proportionate way for all actors and staff regardless of their celebrity status and is vital to protecting both on-screen and off-screen talent as well as protecting the reputation of the industryrdquo

NATIONAL STEEL FIRM FINED pound198MILLION FOR SAFETY FAILINGSTata Steel has been fined after two workers suffered injuries to their hands in two separate incidents involving machinery

Northampton Crown Court heard how a 26-year-old employee lost two thirds of his left hand and his middle and ring fingers whilst trying to clear a blockage on a steel tube manufacturing line which had unsuitable guarding and in a separate incident a 52-year-old team leader lost part of his little finger when his left hand was caught again in an inadequately guarded machine whilst he was receiving refresher training

An investigation by the HSE into the incidents which occurred on 12th September 2014 and 19th February 2015 found that there was a

20

latestprosecutions

failure to appropriately guard and manage the risks arising from dangerous parts of these items of machinery

Tata UK Limited pleaded guilty to two counts of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound198million (pound185000 was for the first offence and pound18m for the second offence) and ordered to pay costs of pound22500

BRADFORD FIRM FINED AFTER WORKER FELL THROUGH SKYLIGHTA company which manufactures signage and displays for high street retailer was sentenced today for safety breaches after a worker fell to his death through a roof light

Richard Perry 43 was working with a colleague covering roof lights with blackout vinyl in June 2014 at Whiteghyll Plastics Ltd This was in an attempt to block out the sunlight to reduce the heat within the factory Mr Perry fell 55 metres through a fragile roof light to the fabrications department below

The company failed to adequately supervise Mr Perry and another employee There were several missed opportunities by a number of managers to stop them from working on the roof The HSE prosecuted the firm over the incident

Whiteghyll Plastics Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined pound120000 with pound37655 costs by Bradford Crown Court

COMPANY DISMANTLING HGV FINED FOR SAFETY FAILINGSA North Lincolnshire company has been fined after a worker was injured whilst dismantling a HGV tipper lorry

Scunthorpe Magistratesrsquo Court heard how two employees of R Martinson Limited were dismantling an HGV lorry using a telehandler like a mobile crane for lifting operations

One employee operated the telehandler to remove a metal rail weighing about 44 kg from the chassis when it struck the second employee 68-year-old George Henry Johnson He suffered a traumatic skull fracture that have left him with permanent injuries and reliant on other family members for his care

The investigation by the HSE into the incident which occurred in April 2015 found that the company had failed to adequately plan organise control and monitor the way in which the operation was undertaken Using a telehandler to lift and move parts like a mobile crane is a high risk activity and the company failed to apply basic principles of health and safety management to reduce the risk of serious personal injury

R Martinson Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined pound53300 and ordered to pay costs of pound129310

AGENCY WORKER INJURED AT MALTING FACTORYA malting company based in Suffolk has been fined after an agency worker was injured when he fell from a ladder

Scarborough Magistratesrsquo Court heard how an agency worker employed with Pauls Malt Limited at their West Knapton malting factory near Malton was injured when he fell approximately two metres from a ladder He sustained two fractures to his right foot and bruising to his chest and head injuries

He was in the process of checking the fill level of the malt in a container that he was loading

21

latestprosecutions

for export prior to closing the hopper feed The container was fitted with a full-size fabric liner with a high level loading flap which would be zipped up once the container was full

An investigation by the HSE into the incident which occurred on 6th May 2015 found that the company had not carried out a suitable and sufficient risk assessment of the work at height involved in closing the zipped flaps on the fabric liners used to line containers that were being loaded with malt for export

A system of work had developed which involved propping a 4-metre long ladder against the rear of the container to gain access to the zip-up flap The ladder was too long for this purpose and was propped at too shallow an angle The ladder slipped outwards at the foot causing the agency worker to fall with the ladder

Pauls Malt Limited (trading as Boortmalt) pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined pound100000 and ordered to pay costs of pound2257

COMPANY EXPOSE FAMILY TO RISK OF ASBESTOSA Hertfordshire-based home improvement company has been fined after the unsafe removal of asbestos material from a domestic property

St Albans Magistratesrsquo Court heard how Ace of Hearts Home Improvement Limited (AOH) removed asbestos containing materials (ACM) from a domestic property in St Albans

The Asbestos Insulation Board (AIB) soffits surrounding the underside of the guttering around the front gable end and back of the property had been dismantled in an unsafe manner creating the serious risk of respiratory

exposure of asbestos fibres to the two workers and the residents of the property (family of four including two children)

An investigation by the HSE into the incident which occurred on 25th September 2015 found that the company were not licensed to remove asbestos

Ace of Hearts Home Improvements Limited pleaded guilty to breaching Regulation 8(1) and Regulation 16 of the Control of Asbestos at Work Regulations 2012 and The Health amp Safety at Work etc Act 1974 Section 33(1)(g) in that it failed to comply with an Improvement Notice and was fined pound100000 and ordered to pay costs of pound211850

TIMBER-FRAME FIRM FINED FOR FIRE SAFETY AND TRAFFIC OFFENCESJ G Hale Construction Ltd based in South Wales has been fined pound100000 for running an unsafe timber-frame construction site

Cwmbran Magistratesrsquo Court heard that the HSE launched an investigation on 27th July 2015 after making an unannounced visit to inspect Halersquos site in the centre of Blaenavon

Fifty-four timber-frame houses were under construction which carry a serious fire risk if not planned or managed properly as the structures are made from wood If a fire starts the speed and intensity of fire spread can be extreme putting workers and even members of the public at risk of harm

The HSE found that measures to prevent a fire starting and getting out of control had not been properly taken All the houses were under construction at broadly the same stage with little fire protection a lack of site management control insufficient means to detect a fire and raise the alarm poor control of ignition sources and a general lack of

22

latestprosecutions

emergency planning Workers were also at risk of being struck or crushed by construction vehicles on site

Improvement Notices were served regarding fire and vehicle safety issues and these were complied with after two further inspection visits

J G Hale Construction Limited who also manufacture timber frames for the construction industry pleaded guilty to breaching Regulations 27 and 29 of the Construction (Design and Management) Regulations 2015 and was fined pound40000 and pound60000 respectively They were ordered to pay full prosecution costs of pound463376 and a

statutory surcharge of pound120

After the hearing HSE inspector Liam Osborne said ldquoHale Construction had been given plenty of warnings about fire-safety and traffic risks in the recent past including from HSE

ldquoTimber-frame houses are perfectly safe once theyrsquore finished and protected but when under construction they can be very dangerous Stringent fire-safety standards need to be in place well before the build starts and then maintained and monitoredrdquo

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

23

latestprosecutions

a telehandler at the site in Markeaton Park where a high ropes adventure course was being constructed by Bulgarian based firm Walltopia

The member of the public first reported this to the company but despite receiving assurances the matter would be dealt with unsafe work at height continued They then reported it to the HSE

The resulting HSErsquos investigation at the site found work was taking place on a section of roof 11 metres off the ground without the use of any means to prevent two workers falling from the open edges In addition these workers were accessing the roof by climbing from the basket of a cherry picker

Walltopia of Bulgaria Boulevard Letnitsa Bulgaria was fined pound500000 and ordered to pay costs of pound801325 after pleading guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005

CONSTRUCTION FIRM SENTENCED AFTER WORKER FALLS DOWN A LIFT PIT Cardiff-based construction company Jehu Project Services Ltd has been sentenced after a worker was seriously injured falling down a lift pit

The incident happened on 8th July 2015 at a construction site in Pontcanna Cardiff Stephen Harrison a specialist drilling contractor was employed by Jehu to help refurbish a 73-bed care home when he fell into the basement of a lift pit that was under construction

Mr Harrison stepped onto the ground floor having been working off a tower scaffold but stood on a loose concrete block causing him to fall backwards head-first into a skip full of

rubble on the floor below

A specialist Fire and Rescue team were nearby and after stabilising Mr Harrison attached him to the hook of a tower crane and winched him out of the pit over the site and into the carpark of a housing estate nearby where an ambulance was waiting

Mr Harrison suffered shattered vertebrae five broken ribs a punctured lung and spent 18 days in hospital He is still recovering and although not paralysed his injuries were life-changing and he will not return to work

The HSE investigated the incident and found that Jehu had been using a system of lightweight barriers around the edges of the drop along with bean bags at the bottom of the hole but these were incompatible with all of the work that needed to be done by the different contractors and had been removed Following the incident all of the danger areas were fenced with scaffolding

Newport Crown Court heard that there were numerous management failings associated with this project which included a lack of effective site management and supervision a construction plan that did not properly consider obvious working at height risks and a lack of an effective Temporary Works Management System

Jehu Project Services Ltd pleaded guilty to breaching Construction (Design and Management) Regulations 2015 Regulation 13(1) and Work at Height Regulations 2005 Regulation 6(3) and was fined pound143000 and ordered to pay full costs of pound1502930

HSE Inspector Liam Osborne who brought the case said ldquoJehu had been given many warnings in the past by HSE about the lack of effective planning managing and

19

latestprosecutions

monitoring on their construction sites as well as warnings about unsafe working at height The court heard some really positive steps the company are now taking to put these matters right including making substantial management changes

ldquoIt is crucial that construction firms properly think through the risks involved before starting work they then need to ensure there is a workable plan to iron-out or manage the resultant dangers

ldquoThere is a clear hierarchy for managing work at height risks site managers need to prevent it if possible and then provide suitable fixed barriers Lower-order measures such as soft-landing systems or the use of harnesses should only be selected as a last resort and if it is safe and appropriate to do sordquo

PRODUCERS OF STAR WARS PLEAD GUILTYFoodles Production (UK) Ltd has pleaded guilty to failing to protect actors and workers following an incident in which actor Harrison Ford was seriously injured during the filming of Star Wars The Force Awakens

Foodles Production (UK) Ltd appeared at Milton Keynes Magistrates Court on 26th July pleading guilty to two charges The case has now been transferred to Aylesbury Crown Court date to be confirmed

Mr Ford suffered a broken leg and other injuries when he was struck by a metal door on the set of the Millennium Falcon The incident happened on 12th June 2014 at Pinewood Studios

A spokesman for HSE said ldquoDuring the filming of Star Wars Episode Seven The Force Awakens the actor Harrison Ford was badly injured after he became trapped under a

rapidly closing metal-framed door The power of the doorrsquos drive system was comparable to the weight of a small car

ldquoThis was a foreseeable incident Foodles Production (UK) Ltd has accepted it failed to protect actors and staff and HSE welcomes the firmrsquos guilty plea

ldquoEvery employer in every industry has a legal duty to manage risks in the workplace Risks are part and parcel of everyday life and this is acknowledged by health and safety law but they still need to be identified and managed in a proportionate way

ldquoThe British film industry has a world renowned reputation for making exceptional films Managing on-set risks in a sensible and proportionate way for all actors and staff regardless of their celebrity status and is vital to protecting both on-screen and off-screen talent as well as protecting the reputation of the industryrdquo

NATIONAL STEEL FIRM FINED pound198MILLION FOR SAFETY FAILINGSTata Steel has been fined after two workers suffered injuries to their hands in two separate incidents involving machinery

Northampton Crown Court heard how a 26-year-old employee lost two thirds of his left hand and his middle and ring fingers whilst trying to clear a blockage on a steel tube manufacturing line which had unsuitable guarding and in a separate incident a 52-year-old team leader lost part of his little finger when his left hand was caught again in an inadequately guarded machine whilst he was receiving refresher training

An investigation by the HSE into the incidents which occurred on 12th September 2014 and 19th February 2015 found that there was a

20

latestprosecutions

failure to appropriately guard and manage the risks arising from dangerous parts of these items of machinery

Tata UK Limited pleaded guilty to two counts of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound198million (pound185000 was for the first offence and pound18m for the second offence) and ordered to pay costs of pound22500

BRADFORD FIRM FINED AFTER WORKER FELL THROUGH SKYLIGHTA company which manufactures signage and displays for high street retailer was sentenced today for safety breaches after a worker fell to his death through a roof light

Richard Perry 43 was working with a colleague covering roof lights with blackout vinyl in June 2014 at Whiteghyll Plastics Ltd This was in an attempt to block out the sunlight to reduce the heat within the factory Mr Perry fell 55 metres through a fragile roof light to the fabrications department below

The company failed to adequately supervise Mr Perry and another employee There were several missed opportunities by a number of managers to stop them from working on the roof The HSE prosecuted the firm over the incident

Whiteghyll Plastics Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined pound120000 with pound37655 costs by Bradford Crown Court

COMPANY DISMANTLING HGV FINED FOR SAFETY FAILINGSA North Lincolnshire company has been fined after a worker was injured whilst dismantling a HGV tipper lorry

Scunthorpe Magistratesrsquo Court heard how two employees of R Martinson Limited were dismantling an HGV lorry using a telehandler like a mobile crane for lifting operations

One employee operated the telehandler to remove a metal rail weighing about 44 kg from the chassis when it struck the second employee 68-year-old George Henry Johnson He suffered a traumatic skull fracture that have left him with permanent injuries and reliant on other family members for his care

The investigation by the HSE into the incident which occurred in April 2015 found that the company had failed to adequately plan organise control and monitor the way in which the operation was undertaken Using a telehandler to lift and move parts like a mobile crane is a high risk activity and the company failed to apply basic principles of health and safety management to reduce the risk of serious personal injury

R Martinson Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined pound53300 and ordered to pay costs of pound129310

AGENCY WORKER INJURED AT MALTING FACTORYA malting company based in Suffolk has been fined after an agency worker was injured when he fell from a ladder

Scarborough Magistratesrsquo Court heard how an agency worker employed with Pauls Malt Limited at their West Knapton malting factory near Malton was injured when he fell approximately two metres from a ladder He sustained two fractures to his right foot and bruising to his chest and head injuries

He was in the process of checking the fill level of the malt in a container that he was loading

21

latestprosecutions

for export prior to closing the hopper feed The container was fitted with a full-size fabric liner with a high level loading flap which would be zipped up once the container was full

An investigation by the HSE into the incident which occurred on 6th May 2015 found that the company had not carried out a suitable and sufficient risk assessment of the work at height involved in closing the zipped flaps on the fabric liners used to line containers that were being loaded with malt for export

A system of work had developed which involved propping a 4-metre long ladder against the rear of the container to gain access to the zip-up flap The ladder was too long for this purpose and was propped at too shallow an angle The ladder slipped outwards at the foot causing the agency worker to fall with the ladder

Pauls Malt Limited (trading as Boortmalt) pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined pound100000 and ordered to pay costs of pound2257

COMPANY EXPOSE FAMILY TO RISK OF ASBESTOSA Hertfordshire-based home improvement company has been fined after the unsafe removal of asbestos material from a domestic property

St Albans Magistratesrsquo Court heard how Ace of Hearts Home Improvement Limited (AOH) removed asbestos containing materials (ACM) from a domestic property in St Albans

The Asbestos Insulation Board (AIB) soffits surrounding the underside of the guttering around the front gable end and back of the property had been dismantled in an unsafe manner creating the serious risk of respiratory

exposure of asbestos fibres to the two workers and the residents of the property (family of four including two children)

An investigation by the HSE into the incident which occurred on 25th September 2015 found that the company were not licensed to remove asbestos

Ace of Hearts Home Improvements Limited pleaded guilty to breaching Regulation 8(1) and Regulation 16 of the Control of Asbestos at Work Regulations 2012 and The Health amp Safety at Work etc Act 1974 Section 33(1)(g) in that it failed to comply with an Improvement Notice and was fined pound100000 and ordered to pay costs of pound211850

TIMBER-FRAME FIRM FINED FOR FIRE SAFETY AND TRAFFIC OFFENCESJ G Hale Construction Ltd based in South Wales has been fined pound100000 for running an unsafe timber-frame construction site

Cwmbran Magistratesrsquo Court heard that the HSE launched an investigation on 27th July 2015 after making an unannounced visit to inspect Halersquos site in the centre of Blaenavon

Fifty-four timber-frame houses were under construction which carry a serious fire risk if not planned or managed properly as the structures are made from wood If a fire starts the speed and intensity of fire spread can be extreme putting workers and even members of the public at risk of harm

The HSE found that measures to prevent a fire starting and getting out of control had not been properly taken All the houses were under construction at broadly the same stage with little fire protection a lack of site management control insufficient means to detect a fire and raise the alarm poor control of ignition sources and a general lack of

22

latestprosecutions

emergency planning Workers were also at risk of being struck or crushed by construction vehicles on site

Improvement Notices were served regarding fire and vehicle safety issues and these were complied with after two further inspection visits

J G Hale Construction Limited who also manufacture timber frames for the construction industry pleaded guilty to breaching Regulations 27 and 29 of the Construction (Design and Management) Regulations 2015 and was fined pound40000 and pound60000 respectively They were ordered to pay full prosecution costs of pound463376 and a

statutory surcharge of pound120

After the hearing HSE inspector Liam Osborne said ldquoHale Construction had been given plenty of warnings about fire-safety and traffic risks in the recent past including from HSE

ldquoTimber-frame houses are perfectly safe once theyrsquore finished and protected but when under construction they can be very dangerous Stringent fire-safety standards need to be in place well before the build starts and then maintained and monitoredrdquo

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

23

latestprosecutions

monitoring on their construction sites as well as warnings about unsafe working at height The court heard some really positive steps the company are now taking to put these matters right including making substantial management changes

ldquoIt is crucial that construction firms properly think through the risks involved before starting work they then need to ensure there is a workable plan to iron-out or manage the resultant dangers

ldquoThere is a clear hierarchy for managing work at height risks site managers need to prevent it if possible and then provide suitable fixed barriers Lower-order measures such as soft-landing systems or the use of harnesses should only be selected as a last resort and if it is safe and appropriate to do sordquo

PRODUCERS OF STAR WARS PLEAD GUILTYFoodles Production (UK) Ltd has pleaded guilty to failing to protect actors and workers following an incident in which actor Harrison Ford was seriously injured during the filming of Star Wars The Force Awakens

Foodles Production (UK) Ltd appeared at Milton Keynes Magistrates Court on 26th July pleading guilty to two charges The case has now been transferred to Aylesbury Crown Court date to be confirmed

Mr Ford suffered a broken leg and other injuries when he was struck by a metal door on the set of the Millennium Falcon The incident happened on 12th June 2014 at Pinewood Studios

A spokesman for HSE said ldquoDuring the filming of Star Wars Episode Seven The Force Awakens the actor Harrison Ford was badly injured after he became trapped under a

rapidly closing metal-framed door The power of the doorrsquos drive system was comparable to the weight of a small car

ldquoThis was a foreseeable incident Foodles Production (UK) Ltd has accepted it failed to protect actors and staff and HSE welcomes the firmrsquos guilty plea

ldquoEvery employer in every industry has a legal duty to manage risks in the workplace Risks are part and parcel of everyday life and this is acknowledged by health and safety law but they still need to be identified and managed in a proportionate way

ldquoThe British film industry has a world renowned reputation for making exceptional films Managing on-set risks in a sensible and proportionate way for all actors and staff regardless of their celebrity status and is vital to protecting both on-screen and off-screen talent as well as protecting the reputation of the industryrdquo

NATIONAL STEEL FIRM FINED pound198MILLION FOR SAFETY FAILINGSTata Steel has been fined after two workers suffered injuries to their hands in two separate incidents involving machinery

Northampton Crown Court heard how a 26-year-old employee lost two thirds of his left hand and his middle and ring fingers whilst trying to clear a blockage on a steel tube manufacturing line which had unsuitable guarding and in a separate incident a 52-year-old team leader lost part of his little finger when his left hand was caught again in an inadequately guarded machine whilst he was receiving refresher training

An investigation by the HSE into the incidents which occurred on 12th September 2014 and 19th February 2015 found that there was a

20

latestprosecutions

failure to appropriately guard and manage the risks arising from dangerous parts of these items of machinery

Tata UK Limited pleaded guilty to two counts of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound198million (pound185000 was for the first offence and pound18m for the second offence) and ordered to pay costs of pound22500

BRADFORD FIRM FINED AFTER WORKER FELL THROUGH SKYLIGHTA company which manufactures signage and displays for high street retailer was sentenced today for safety breaches after a worker fell to his death through a roof light

Richard Perry 43 was working with a colleague covering roof lights with blackout vinyl in June 2014 at Whiteghyll Plastics Ltd This was in an attempt to block out the sunlight to reduce the heat within the factory Mr Perry fell 55 metres through a fragile roof light to the fabrications department below

The company failed to adequately supervise Mr Perry and another employee There were several missed opportunities by a number of managers to stop them from working on the roof The HSE prosecuted the firm over the incident

Whiteghyll Plastics Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined pound120000 with pound37655 costs by Bradford Crown Court

COMPANY DISMANTLING HGV FINED FOR SAFETY FAILINGSA North Lincolnshire company has been fined after a worker was injured whilst dismantling a HGV tipper lorry

Scunthorpe Magistratesrsquo Court heard how two employees of R Martinson Limited were dismantling an HGV lorry using a telehandler like a mobile crane for lifting operations

One employee operated the telehandler to remove a metal rail weighing about 44 kg from the chassis when it struck the second employee 68-year-old George Henry Johnson He suffered a traumatic skull fracture that have left him with permanent injuries and reliant on other family members for his care

The investigation by the HSE into the incident which occurred in April 2015 found that the company had failed to adequately plan organise control and monitor the way in which the operation was undertaken Using a telehandler to lift and move parts like a mobile crane is a high risk activity and the company failed to apply basic principles of health and safety management to reduce the risk of serious personal injury

R Martinson Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined pound53300 and ordered to pay costs of pound129310

AGENCY WORKER INJURED AT MALTING FACTORYA malting company based in Suffolk has been fined after an agency worker was injured when he fell from a ladder

Scarborough Magistratesrsquo Court heard how an agency worker employed with Pauls Malt Limited at their West Knapton malting factory near Malton was injured when he fell approximately two metres from a ladder He sustained two fractures to his right foot and bruising to his chest and head injuries

He was in the process of checking the fill level of the malt in a container that he was loading

21

latestprosecutions

for export prior to closing the hopper feed The container was fitted with a full-size fabric liner with a high level loading flap which would be zipped up once the container was full

An investigation by the HSE into the incident which occurred on 6th May 2015 found that the company had not carried out a suitable and sufficient risk assessment of the work at height involved in closing the zipped flaps on the fabric liners used to line containers that were being loaded with malt for export

A system of work had developed which involved propping a 4-metre long ladder against the rear of the container to gain access to the zip-up flap The ladder was too long for this purpose and was propped at too shallow an angle The ladder slipped outwards at the foot causing the agency worker to fall with the ladder

Pauls Malt Limited (trading as Boortmalt) pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined pound100000 and ordered to pay costs of pound2257

COMPANY EXPOSE FAMILY TO RISK OF ASBESTOSA Hertfordshire-based home improvement company has been fined after the unsafe removal of asbestos material from a domestic property

St Albans Magistratesrsquo Court heard how Ace of Hearts Home Improvement Limited (AOH) removed asbestos containing materials (ACM) from a domestic property in St Albans

The Asbestos Insulation Board (AIB) soffits surrounding the underside of the guttering around the front gable end and back of the property had been dismantled in an unsafe manner creating the serious risk of respiratory

exposure of asbestos fibres to the two workers and the residents of the property (family of four including two children)

An investigation by the HSE into the incident which occurred on 25th September 2015 found that the company were not licensed to remove asbestos

Ace of Hearts Home Improvements Limited pleaded guilty to breaching Regulation 8(1) and Regulation 16 of the Control of Asbestos at Work Regulations 2012 and The Health amp Safety at Work etc Act 1974 Section 33(1)(g) in that it failed to comply with an Improvement Notice and was fined pound100000 and ordered to pay costs of pound211850

TIMBER-FRAME FIRM FINED FOR FIRE SAFETY AND TRAFFIC OFFENCESJ G Hale Construction Ltd based in South Wales has been fined pound100000 for running an unsafe timber-frame construction site

Cwmbran Magistratesrsquo Court heard that the HSE launched an investigation on 27th July 2015 after making an unannounced visit to inspect Halersquos site in the centre of Blaenavon

Fifty-four timber-frame houses were under construction which carry a serious fire risk if not planned or managed properly as the structures are made from wood If a fire starts the speed and intensity of fire spread can be extreme putting workers and even members of the public at risk of harm

The HSE found that measures to prevent a fire starting and getting out of control had not been properly taken All the houses were under construction at broadly the same stage with little fire protection a lack of site management control insufficient means to detect a fire and raise the alarm poor control of ignition sources and a general lack of

22

latestprosecutions

emergency planning Workers were also at risk of being struck or crushed by construction vehicles on site

Improvement Notices were served regarding fire and vehicle safety issues and these were complied with after two further inspection visits

J G Hale Construction Limited who also manufacture timber frames for the construction industry pleaded guilty to breaching Regulations 27 and 29 of the Construction (Design and Management) Regulations 2015 and was fined pound40000 and pound60000 respectively They were ordered to pay full prosecution costs of pound463376 and a

statutory surcharge of pound120

After the hearing HSE inspector Liam Osborne said ldquoHale Construction had been given plenty of warnings about fire-safety and traffic risks in the recent past including from HSE

ldquoTimber-frame houses are perfectly safe once theyrsquore finished and protected but when under construction they can be very dangerous Stringent fire-safety standards need to be in place well before the build starts and then maintained and monitoredrdquo

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

23

latestprosecutions

failure to appropriately guard and manage the risks arising from dangerous parts of these items of machinery

Tata UK Limited pleaded guilty to two counts of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined a total of pound198million (pound185000 was for the first offence and pound18m for the second offence) and ordered to pay costs of pound22500

BRADFORD FIRM FINED AFTER WORKER FELL THROUGH SKYLIGHTA company which manufactures signage and displays for high street retailer was sentenced today for safety breaches after a worker fell to his death through a roof light

Richard Perry 43 was working with a colleague covering roof lights with blackout vinyl in June 2014 at Whiteghyll Plastics Ltd This was in an attempt to block out the sunlight to reduce the heat within the factory Mr Perry fell 55 metres through a fragile roof light to the fabrications department below

The company failed to adequately supervise Mr Perry and another employee There were several missed opportunities by a number of managers to stop them from working on the roof The HSE prosecuted the firm over the incident

Whiteghyll Plastics Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined pound120000 with pound37655 costs by Bradford Crown Court

COMPANY DISMANTLING HGV FINED FOR SAFETY FAILINGSA North Lincolnshire company has been fined after a worker was injured whilst dismantling a HGV tipper lorry

Scunthorpe Magistratesrsquo Court heard how two employees of R Martinson Limited were dismantling an HGV lorry using a telehandler like a mobile crane for lifting operations

One employee operated the telehandler to remove a metal rail weighing about 44 kg from the chassis when it struck the second employee 68-year-old George Henry Johnson He suffered a traumatic skull fracture that have left him with permanent injuries and reliant on other family members for his care

The investigation by the HSE into the incident which occurred in April 2015 found that the company had failed to adequately plan organise control and monitor the way in which the operation was undertaken Using a telehandler to lift and move parts like a mobile crane is a high risk activity and the company failed to apply basic principles of health and safety management to reduce the risk of serious personal injury

R Martinson Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined pound53300 and ordered to pay costs of pound129310

AGENCY WORKER INJURED AT MALTING FACTORYA malting company based in Suffolk has been fined after an agency worker was injured when he fell from a ladder

Scarborough Magistratesrsquo Court heard how an agency worker employed with Pauls Malt Limited at their West Knapton malting factory near Malton was injured when he fell approximately two metres from a ladder He sustained two fractures to his right foot and bruising to his chest and head injuries

He was in the process of checking the fill level of the malt in a container that he was loading

21

latestprosecutions

for export prior to closing the hopper feed The container was fitted with a full-size fabric liner with a high level loading flap which would be zipped up once the container was full

An investigation by the HSE into the incident which occurred on 6th May 2015 found that the company had not carried out a suitable and sufficient risk assessment of the work at height involved in closing the zipped flaps on the fabric liners used to line containers that were being loaded with malt for export

A system of work had developed which involved propping a 4-metre long ladder against the rear of the container to gain access to the zip-up flap The ladder was too long for this purpose and was propped at too shallow an angle The ladder slipped outwards at the foot causing the agency worker to fall with the ladder

Pauls Malt Limited (trading as Boortmalt) pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined pound100000 and ordered to pay costs of pound2257

COMPANY EXPOSE FAMILY TO RISK OF ASBESTOSA Hertfordshire-based home improvement company has been fined after the unsafe removal of asbestos material from a domestic property

St Albans Magistratesrsquo Court heard how Ace of Hearts Home Improvement Limited (AOH) removed asbestos containing materials (ACM) from a domestic property in St Albans

The Asbestos Insulation Board (AIB) soffits surrounding the underside of the guttering around the front gable end and back of the property had been dismantled in an unsafe manner creating the serious risk of respiratory

exposure of asbestos fibres to the two workers and the residents of the property (family of four including two children)

An investigation by the HSE into the incident which occurred on 25th September 2015 found that the company were not licensed to remove asbestos

Ace of Hearts Home Improvements Limited pleaded guilty to breaching Regulation 8(1) and Regulation 16 of the Control of Asbestos at Work Regulations 2012 and The Health amp Safety at Work etc Act 1974 Section 33(1)(g) in that it failed to comply with an Improvement Notice and was fined pound100000 and ordered to pay costs of pound211850

TIMBER-FRAME FIRM FINED FOR FIRE SAFETY AND TRAFFIC OFFENCESJ G Hale Construction Ltd based in South Wales has been fined pound100000 for running an unsafe timber-frame construction site

Cwmbran Magistratesrsquo Court heard that the HSE launched an investigation on 27th July 2015 after making an unannounced visit to inspect Halersquos site in the centre of Blaenavon

Fifty-four timber-frame houses were under construction which carry a serious fire risk if not planned or managed properly as the structures are made from wood If a fire starts the speed and intensity of fire spread can be extreme putting workers and even members of the public at risk of harm

The HSE found that measures to prevent a fire starting and getting out of control had not been properly taken All the houses were under construction at broadly the same stage with little fire protection a lack of site management control insufficient means to detect a fire and raise the alarm poor control of ignition sources and a general lack of

22

latestprosecutions

emergency planning Workers were also at risk of being struck or crushed by construction vehicles on site

Improvement Notices were served regarding fire and vehicle safety issues and these were complied with after two further inspection visits

J G Hale Construction Limited who also manufacture timber frames for the construction industry pleaded guilty to breaching Regulations 27 and 29 of the Construction (Design and Management) Regulations 2015 and was fined pound40000 and pound60000 respectively They were ordered to pay full prosecution costs of pound463376 and a

statutory surcharge of pound120

After the hearing HSE inspector Liam Osborne said ldquoHale Construction had been given plenty of warnings about fire-safety and traffic risks in the recent past including from HSE

ldquoTimber-frame houses are perfectly safe once theyrsquore finished and protected but when under construction they can be very dangerous Stringent fire-safety standards need to be in place well before the build starts and then maintained and monitoredrdquo

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

23

latestprosecutions

for export prior to closing the hopper feed The container was fitted with a full-size fabric liner with a high level loading flap which would be zipped up once the container was full

An investigation by the HSE into the incident which occurred on 6th May 2015 found that the company had not carried out a suitable and sufficient risk assessment of the work at height involved in closing the zipped flaps on the fabric liners used to line containers that were being loaded with malt for export

A system of work had developed which involved propping a 4-metre long ladder against the rear of the container to gain access to the zip-up flap The ladder was too long for this purpose and was propped at too shallow an angle The ladder slipped outwards at the foot causing the agency worker to fall with the ladder

Pauls Malt Limited (trading as Boortmalt) pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined pound100000 and ordered to pay costs of pound2257

COMPANY EXPOSE FAMILY TO RISK OF ASBESTOSA Hertfordshire-based home improvement company has been fined after the unsafe removal of asbestos material from a domestic property

St Albans Magistratesrsquo Court heard how Ace of Hearts Home Improvement Limited (AOH) removed asbestos containing materials (ACM) from a domestic property in St Albans

The Asbestos Insulation Board (AIB) soffits surrounding the underside of the guttering around the front gable end and back of the property had been dismantled in an unsafe manner creating the serious risk of respiratory

exposure of asbestos fibres to the two workers and the residents of the property (family of four including two children)

An investigation by the HSE into the incident which occurred on 25th September 2015 found that the company were not licensed to remove asbestos

Ace of Hearts Home Improvements Limited pleaded guilty to breaching Regulation 8(1) and Regulation 16 of the Control of Asbestos at Work Regulations 2012 and The Health amp Safety at Work etc Act 1974 Section 33(1)(g) in that it failed to comply with an Improvement Notice and was fined pound100000 and ordered to pay costs of pound211850

TIMBER-FRAME FIRM FINED FOR FIRE SAFETY AND TRAFFIC OFFENCESJ G Hale Construction Ltd based in South Wales has been fined pound100000 for running an unsafe timber-frame construction site

Cwmbran Magistratesrsquo Court heard that the HSE launched an investigation on 27th July 2015 after making an unannounced visit to inspect Halersquos site in the centre of Blaenavon

Fifty-four timber-frame houses were under construction which carry a serious fire risk if not planned or managed properly as the structures are made from wood If a fire starts the speed and intensity of fire spread can be extreme putting workers and even members of the public at risk of harm

The HSE found that measures to prevent a fire starting and getting out of control had not been properly taken All the houses were under construction at broadly the same stage with little fire protection a lack of site management control insufficient means to detect a fire and raise the alarm poor control of ignition sources and a general lack of

22

latestprosecutions

emergency planning Workers were also at risk of being struck or crushed by construction vehicles on site

Improvement Notices were served regarding fire and vehicle safety issues and these were complied with after two further inspection visits

J G Hale Construction Limited who also manufacture timber frames for the construction industry pleaded guilty to breaching Regulations 27 and 29 of the Construction (Design and Management) Regulations 2015 and was fined pound40000 and pound60000 respectively They were ordered to pay full prosecution costs of pound463376 and a

statutory surcharge of pound120

After the hearing HSE inspector Liam Osborne said ldquoHale Construction had been given plenty of warnings about fire-safety and traffic risks in the recent past including from HSE

ldquoTimber-frame houses are perfectly safe once theyrsquore finished and protected but when under construction they can be very dangerous Stringent fire-safety standards need to be in place well before the build starts and then maintained and monitoredrdquo

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

23

latestprosecutions

emergency planning Workers were also at risk of being struck or crushed by construction vehicles on site

Improvement Notices were served regarding fire and vehicle safety issues and these were complied with after two further inspection visits

J G Hale Construction Limited who also manufacture timber frames for the construction industry pleaded guilty to breaching Regulations 27 and 29 of the Construction (Design and Management) Regulations 2015 and was fined pound40000 and pound60000 respectively They were ordered to pay full prosecution costs of pound463376 and a

statutory surcharge of pound120

After the hearing HSE inspector Liam Osborne said ldquoHale Construction had been given plenty of warnings about fire-safety and traffic risks in the recent past including from HSE

ldquoTimber-frame houses are perfectly safe once theyrsquore finished and protected but when under construction they can be very dangerous Stringent fire-safety standards need to be in place well before the build starts and then maintained and monitoredrdquo

ALL THE LATEST INDUSTRY NEWS REPORTS PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX

23

A Yardley House 11 Horsefair Rugeley Staffordshire WS15 2EJT 01889 577 701 E enquiriescallsafe-servicescouk W wwwcallsafe-servicescouk

callsafeservicesltd callsafesvcsltd callsafe-services-limited