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t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsleer email us at: [email protected] | © HSQE Ltd (2021) May 2021 A construcon company has been fined aſter pung employees at significant risk of a fall from height while working on a roof. Blackpool MagistratesCourt heard how on two occasions, 10 and 11 July 2019, two employees of Ron Richardson Construcon Ltd were observed waterproofing a flat roof at fiſth floor level in Harrow Place, Blackpool close to an unprotected edge without the means to prevent a fall. The workers were not being monitored and had accessed the roof to do the work as they were unable to carry out the task from below with the equipment, which had been provided for them. Enforcement Noces had previously been served against the company for work at height failures at the same site. An invesgaon by the Health and Safety Execuve (HSE) found that the company had not followed its own procedures and was not sufficiently supervising the work. Suitable edge protecon to prevent a fall from height was not provided and the workers had not been given sufficient training in working safely on roofs. Ron Richardson Construcon Limited pleaded guilty to breaching Regulaon 4 (1) of The Work at Height Regulaons 2005. They were fined £18,000 and ordered to pay costs of £3,342. Company fined for failing to comply with Work at Height Regulaons STAY SAFE

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t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2021)

May 2021

A construction company has been fined after putting

employees at significant risk of a fall from height while working

on a roof.

Blackpool Magistrates’ Court heard how on two occasions, 10

and 11 July 2019, two employees of Ron Richardson

Construction Ltd were observed waterproofing a flat roof at

fifth floor level in Harrow Place, Blackpool close to an

unprotected edge without the means to prevent a fall.

The workers were not being monitored and had accessed the

roof to do the work as they were unable to carry out the task

from below with the equipment, which had been provided for

them. Enforcement Notices had previously been served against

the company for work at height failures at the same site.

An investigation by the Health and Safety Executive (HSE)

found that the company had not followed its own procedures

and was not sufficiently supervising the work. Suitable edge

protection to prevent a fall from height was not provided and

the workers had not been given sufficient training in working

safely on roofs.

Ron Richardson Construction Limited pleaded guilty to

breaching Regulation 4 (1) of The Work at Height Regulations

2005. They were fined £18,000 and ordered to pay costs of

£3,342.

Company fined for failing to comply with Work at Height Regulations

STAY SAFE

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May 2021

Sole trader, Ian Pitman, has been fined after a sub-contractor

fell five metres through a sky light onto a concrete floor.

Bristol Magistrates’ Court heard how on 20 July 2017 a man

working for Ian Pitman was renewing the guttering between

two buildings in Bristol. While fitting a roof panel back into

place he fell backwards through a sky light, hitting the rail of a

lift truck below and landing on the concrete floor. He suffered

multiple injuries including a fractured skull and broken ribs.

An investigation by the Health and Safety Executive (HSE)

found that Mr Pitman failed to ensure that work at height was

properly planned, appropriately supervised and safe in such a

way as to ensure that persons not in their employment were

not exposed to risks to their health and safety.

Ian Pitman pleaded guilty to contravening Regulation 4(1) of

the Work at Height Regulations 2005. He received a four-

month custodial sentence, suspended for 18 months and given

180 hours of unpaid community work. He was ordered to pay

costs of £13,500 and a victim surcharge of £115.

Speaking after the hearing, HSE inspector Stacey Gamwell,

said: “Falls from height remain one of the most common

causes of work-related fatalities in this country and the risks

associated with working at height are well known. This serious

incident could have been avoided if basic safeguards had been

put in place.

“HSE will not hesitate to take appropriate enforcement action

against those that fall below the required standards.”

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May 2021

A construction

company director has

been fined for leaving

a gas boiler at a

domestic property in

a dangerous condition

as he worked to build

an extension.

During the building

work, the residents of

the property in

Newcastle were

placed at a serious

risk of ill health,

including carbon

monoxide poisoning.

Newcastle-upon-Tyne Magistrates’ Court heard that

commencing in April 2018, construction work was carried out

at a domestic property on Lichfield Avenue, which affected the

safe working condition of the gas boiler and flue at the

property. The family of three, a mother and her two children,

remained living in the house while the extension was built.

An investigation by the Health and Safety Executive (HSE)

found that the director of Coulson Constructions North East

Ltd, did not make the gas system in the house safe before or

during the construction work, allowing the fumes and

poisonous gases from the boiler to flow into the extended

house. He was not Gas Safe registered.

The director pleaded guilty to breaching Section 37 and Section

20 (2)(j) of the Health and Safety at Work etc. Act 1974. He was

sentenced to 12 months imprisonment suspended for 24

months, given 250 hours of unpaid work and ordered to pay

costs of £5,200

Speaking after the hearing, HSE inspector Paul Wilson, said:

“Construction work can and must be planned properly to

ensure the health and safety of those potentially affected

throughout the building project.

“Any work on a gas system, including the boiler in our houses,

must always be carried out by competent gas engineers,

namely those accredited with Gas Safe Registration. Not to do

so is both illegal and potentially very dangerous.

Ineos Chemicals Grangemouth Limited has been fined after

ethylene, a flammable gas, was released from a cracked pipe at

the KF Ethylene Plant.

Falkirk Sheriff Court heard that on 2 May 2017 approximately

17 tonnes of ethylene was released from the pipe. This leak

precipitated the formation of a flammable gas cloud of around

65,000m³. The gas cloud was seen to move through a

congested area of the plant reaching ground level.

An investigation by the Health and Safety Executive (HSE)

identified that the immediate cause of an unplanned shutdown

on the compressor was due to a ‘non-routine’ maintenance

activity related to the changeover of a redundant electronic

control card in the compressor anti-surge system. The line

should have been designed for all potential operating

conditions and should not have failed as a result of the rapid

opening of the valve and the sudden inrush of hot gas.

Ineos Chemicals Grangemouth Limited pleaded guilty to

breaching Regulation 5(1) of the Control of Major Accident

Hazards Regulations 2015 and section 33(1) of the Health and

Safety at Work etc. Act 1974. They were fined £400,000.

Speaking after the hearing HSE inspector Mac Young said:

“While there were no injuries as a result of this incident and it

was brought under control relatively quickly, the level of fine

reflects the seriousness of what happened. It is important that

operators of high hazard sites remain vigilant and control the

risks that arise as a result of their processes to prevent major

incidents.”

Director fined after residents exposed to carbon monoxide Fine after major gas leak

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May 2021

A contractor has been fined after an employee was hit by

falling debris from a wall that was being demolished in an

unsafe manner.

Blackpool Magistrates’ Court heard that on 10 January 2020,

Barrowbridge Construction Limited had been contracted to

demolish a garage in Lancashire. Three operatives pushed

over part of an external wall. As they did so, one of them was

struck at shoulder height by falling debris and fell to the

ground, with the material falling on top of him. He sustained

injuries to his shoulder and a fractured heel and ankle.

An investigation by the Health and Safety Executive (HSE)

found that the demolition was not planned or carried out in a

manner to prevent danger. The risk assessments and method

statement required the use of hand tools, including

sledgehammers, to demolish the walls of the garage. No

measures were identified or implemented which would

maintain the stability of the wall throughout the demolition,

resulting in a risk that the structure would become unstable

and potentially collapse.

On their second day on site, the operatives decided that it

would be safer to simply push the remaining wall over. This

change was made without consultation with the project

manager and resulted in the operatives working in an unsafe

area. The wall collapsed in two directions when pushed.

Barrowbridge Construction Limited pleaded guilty to breaching

Regulation 20(1) of the Construction (Design and

Management) Regulations 2015 and was fined £600 with costs

of £1,947.00.

A specialist roofing and cladding company has been sentenced

after an employee suffered serious injuries when he fell

through an asbestos roof whilst undertaking gutter cleaning

and roof repairs.

North Staffordshire Magistrates’ Court heard that on 1 March

2017, DPM Industrial Roofing (UK) Limited (DPM), was engaged

by PD Edenhall, to undertake work on the fragile pitched roof

on units at its premises in Burslem, Stoke-on-Trent. The work

involved cleaning valley gutters and over-sheeting six damaged

asbestos roof sheets with corrugated metal sheets.

Two DPM employees accessed the roof via a cherry picker and

proceeded to clean the first valley gutter which was 35m long

and two feet wide.

During the work one of the men stepped off the crawling

board and onto the fragile asbestos cement roof, which gave

way causing him to fall 7.5 metres to the concrete floor below.

He fractured his spine in two places and also fractured his

pelvis, shoulder and rib.

An investigation by the Health and Safety Executive (HSE)

found the method of work was unsafe. There was no fall

protection on either side of the valley gutter to prevent the

workers falling through the pitched fragile roof and no fall

protection at the end of the valley gutter to prevent them

falling off the roof. This unsafe method of work was repeated

when the men cleaned the second valley gutter. The risk

assessment was not suitable and sufficient.

Although it identified working on a fragile roof as ‘high risk’ it

failed to identify falls from a leading edge and did not include

adequate control measures to prevent falls through or from

the roof.

DPM Industrial Roofing (UK) Limited pleaded guilty to

breaching Section 2 of the Health and Safety at Work etc Act

1974 and was fined £10,000 and ordered to pay costs of

£6,454.

Speaking after the hearing, HSE inspector Susan Ritchie said:

“This serious incident could easily have been prevented had

appropriate control measures been considered and put in

place to prevent falls from height.”

Unsafe demolition leads to fine Worker sustained serious injuries falling through an asbestos roof

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May 2021

Two construction companies have been fined after a worker

was seriously injured when a part of an air conditioning plant

fell on him while it was being lowered from a roof.

Southwark Crown Court heard that on 10 November 2017

three roofers had been working in London, finishing off a large

roof refurbishment project. The workers were instructed to

dismantle a decommissioned air conditioning plant and

remove it from the roof in high winds. As part of the plant was

being lowered, it became detached from the rope and hook. It

fell and struck one of the workers on the pavement below,

fracturing his left femur.

An investigation by the Health and Safety Executive (HSE)

found that only a basic manual gin wheel was provided to

lower the parts, no one was assigned to supervise and none of

the workers had any formal training on carrying out lifting

operations or slinging loads. There were also other failings at

the site relating to working at height, control of asbestos,

emergency arrangements, manual handling and a total lack of

any welfare facilities for the workers.

NMC Surfacing Limited (NMC) had subcontracted the roof

refurbishment work to a smaller local business, Fraden

Contracts Limited. The client was unaware NMC had

subcontracted the construction work. The Court heard NMC

provided them with modified versions of Fraden’s risk

assessment records with all references to Fraden erased.

NMC Surfacing Limited, who had been the Principal Contractor

for the project, was found guilty after a trial of a breach of

Regulation 13(1) of the Construction (Design and

Management) Regulations 2015. The company was fined

£350,000 and ordered to pay £45,122.36 in costs.

Fraden Contracts Limited, who had been contracted by NMC

Surfacing Limited to carry out the work, had already pleaded

guilty to a breach of 15(2) of the Construction (Design and

Management) Regulations 2015. This company was fined

£14,000 and ordered to pay £6,015.26 in costs.

HSE inspector, Andrew Verrall-Withers, commented after the

hearing: “Little thought was given to planning the lifting

operation by the companies and it was the workers who

identified passing members of the public were at risk and

borrowed some barriers to try and protect them.

“It is vital construction companies do not assume that because

workers have been in an industry for years, that they

automatically know everything about how to safely use

equipment.

“A worker suffered an injury which means he can no longer

work as a roofer despite three decades of previous experience.

He, or a passing member of the public, could have been killed.”

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Worker injured during lifting operation

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May 2021

Auberne Homes Limited and groundworks contractor W & E

Lammie have been fined after an employee of W & E Lammie

was crushed and severely injured during an excavation

collapse.

Ayr Sherriff Court heard that, on 20 February 2018, employees

of W & E Lammie were carrying out drainage works within an

excavation at a construction site in Cumnock when a section of

the unsupported wall of the excavation collapsed and crushed

one of the employees, causing serious injuries.

An investigation by the Health and Safety Executive (HSE)

identified that W & E Lammie failed to plan the precautions or

practicable steps necessary to prevent danger to any person

entering the excavation, failed to provide supports or battering

to ensure the excavation did not collapse and failed to provide

appropriate training and supervision to the employees carrying

out the drainage works.

The investigation also identified that in their role as principal

contractor, Auberne Homes Limited, failed to plan, manage

and monitor the drainage works being carried out on their

construction project.

W & E Lammie, a now dissolved partnership pled guilty to

breaching Regulation 15(2) of The Construction (Design and

Management) Regulations 2015 and were fined £18,000.

Auberne Homes Limited pled guilty to breaching Regulation 13

(1) of The Construction (Design and Management) Regulations

2015 and were fined £35,000.

Speaking after the hearing, HSE inspector Duncan Officer said:

“This incident could so easily have been avoided had the

excavation work been properly planned and carried out by

suitably trained individuals to ensure that the appropriate

safety measures were implemented to prevent excavation

collapse. Had the principal contractor carried out suitable

checks they could have been identified that those carrying out

the work were untrained and that safe working practices were

not being followed on site.

“The requirement for control measures and safe working

practices during excavation work are well-known in the

construction industry. HSE will not hesitate to take appropriate

enforcement action against those responsible for the

excavation works and those in control of the construction site

where these required standards are not met.”

A construction company has been fined after HSE inspectors

found unsafe working at height practises and other unsafe site

operations during a routine inspection.

Kidderminster Magistrates’ Court heard that on 8 October

2019, a routine inspection was undertaken at a construction

site in Redditch, Worcestershire following a report of a fall

from height. During the inspection there was evidence of poor

management of work at height, and numerous other

uncontrolled site safety risks. This included unsafe work on a

flat roof where there was no edge protection as required by

the regulations to prevent a fall from height, despite there

having been a fall from the same flat roof eight days earlier.

Prohibition Notices were served immediately in response to

the work at height breach and for unsafe access and egress

into the building. An Improvement Notice was served in

relation to planning for work at height and a Notification of

Contravention was also served for other identified failings.

SSF Construction Limited pleaded guilty to breaching

Regulation 4(1) of the Work at Height Regulations 2005 and

Regulation 13(1) of the Construction (Design and

Management) Regulations 2015. They were fined £48,000 and

ordered to pay costs of £3,443.

Speaking after the hearing, HSE inspector Chris Gregory said:

“The company had not learnt the lesson from the recent fall

from height and failed to ensure that appropriate fall

prevention or mitigation measures had been put in place, so

there was the potential for further falls from height and

serious injuries or fatalities.”

Worker seriously injured in excavation collapse Work at height failings

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May 2021

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May 2021

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May 2021

A construction company has been sentenced for failing to

comply with work at height regulations after a worker fell

through a fibre cement roof sheet sustaining serious injuries.

High Wycombe Magistrates’ Court

heard that on 6 September 2018, a

worker was replacing the roof of an

agricultural building in Reading when he

stepped across a roof-light onto a fibre

cement roof sheet, which gave way. He

fell approximately four metres on to the

workshop floor, sustaining multiple

fractures to his spine.

An investigation by the Health and

Safety Executive (HSE) found that a sole

trader, trading as Mark Wakefield

Construction, had failed to take

reasonably practicable precautions to

safeguard his workers during the re-

roofing work.

The workers had been put at risk of

falling through fragile roof sheets above

areas of the buildings where safety nets

had not been installed, underneath the

fragile roof sheets. The employer had

also failed to put edge protection in

place around the perimeter of the main

building and workshop to prevent the

risk of a fall.

The sole trader pleaded guilty to breaching Regulation 4 (1) of

the Work at Height Regulations 2005 and was fined £1,400 and

ordered to pay costs of £2,000.

The Port of Sheerness Limited, one of the core terminals of

Peel Ports London Medway, has been fined following an

incident where an employee was seriously injured by a clamp

truck.

Folkstone Magistrates’ Court heard that on 28 October 2018,

an employee was hit by a five tonne clamp truck in a paper reel

shed on the Sheerness Port.

The employee sustained an open leg fracture and was knocked

unconscious. He was subsequently airlifted to hospital and had

to have his leg amputated.

An investigation by the Health and Safety Executive (HSE) into

the incident found that the Port of Sheerness Limited failed to

ensure pedestrians and vehicles could circulate and operate

safely, putting the employee and others at significant risk.

Supervisors were frequently working amongst five to six clamp

trucks whilst undertaking the supervision of the paper reel

unloads.

It was found that there had been previous incidents where

supervisors had been in close proximity of the vehicle

operations on the port and had been hit by vehicles or

product. Port of Sheerness Limited had only reviewed the

immediate work relating to the incidents.

Port of Sheerness Limited pleaded guilty to breaching Section 2

of the Health and Safety at Work Act 1974. They were fined

£60,000 and ordered to pay costs of £10,886.

Sole trader fined after worker breaks back in fall from height Port fined after truck incident

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May 2021

A construction company has been fined after workers were

exposed to asbestos whilst refurbishing a flat in Westminster.

Westminster Magistrates’ Court heard that between 14 May

and 31 August 2018, ASAI Construction Ltd, the Principal

Contractor for the project, failed to obtain a Refurbishment

and Demolition asbestos survey prior to commencing work on

site. During the project ASAI Construction Ltd was made aware

by a subcontractor that there was asbestos containing material

(ACM) within the flat, however the company allowed work to

continue and failed to ensure that the ACMs were removed

safely. As a result, several people were exposed to asbestos

fibres over a prolonged period.

An investigation by the Health and Safety Executive (HSE)

found that ASAI Construction Ltd failed to take reasonably

practicable steps to prevent the people working on site being

exposed to asbestos.

ASAI Construction Ltd pleaded guilty to breaching Section 3(1)

of the Health and Safety at Work etc Act 1974. The company

was fined £30,000 and ordered to pay costs of £2,837.

Speaking after the hearing, HSE inspector Owen Rowley said:

“There are currently more than 5,000 asbestos-related deaths

each year in the UK. Any asbestos on site should be identified

before refurbishment or demolition work takes place and

suitable steps must be taken to control the risk of exposure.

“In this case ASAI Construction Ltd’s failure to manage the risk

of exposure to asbestos was compounded by their lack of

response when concerns were raised regarding its presence on

site.”

Arnold Laver & Company Ltd

have been sentenced for safety

breaches after a worker was

struck by objects falling from an

articulated trailer.

Bradford Magistrates’ Court

heard that on 24 July 2019, the

45-year-old worker had been

unloading the bottom deck of

the double deck articulated

trailer, which was being used for

overflow storage at the

company’s Manningham

Sawmill site in Canal Road,

Bradford.

An investigation by the Health

and Safety Executive (HSE)

found that the trailer was being

used to store mainly composite decking on the lower deck. The

upper deck contained packs of MDF architrave, timber stock,

and various promotional materials.

Another operative needed to place a pallet of decking on the

bottom deck, and to make more space to do that he removed a

side support, which helped to hold the top deck of the trailer

up. However, another side support had already been

disengaged and when the second support was removed the

loaded top deck of the trailer partially collapsed. Part of a pack

of architrave slid off the top deck and hit the worker. He

suffered a broken left femur and other bones in his left foot.

Arnold Laver & Company Ltd of Bramall Lane Sheffield South

Yorkshire pleaded guilty to breaching Section 2 (1) of the

Health & Safety at Work etc Act 1974.

The company has been fined £150,000 and ordered to pay

£1,719 in costs.

Speaking after the hearing, HSE inspector David Beaton said:

“The use of the trailer as a storage facility had not been

properly risk assessed.

“This incident could so easily have been avoided by simply

using correct control measures and safe working practices.”

Workers exposed to asbestos Fine after worker suffered multiple leg injuries

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May 2021

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Printed plastics manufacturer Alfaplas Limited has been fined

after a worker became unconscious as a result of asphyxiation

when his tabard was entangled in the rotating spindle of a print

machine.

Kidderminster Magistrates’ Court heard how on 29 January

2019, an employee who was a supervisor at Alfaplas Limited in

Hereford, attempted to realign a reel of product on a print

machine whilst it was running at half speed. The employee’s

high visibility tabard became entangled in an unguarded

rotating spindle, drawing in his clothing. He became

unconscious as a result of asphyxiation from the entangled

clothing. An operator on an adjacent machine intervened to

stop the print machine.

An investigation by the Health and Safety Executive (HSE) found

the company failed to prevent access to the dangerous parts of

machinery or stop dangerous parts before access was gained.

They later fitted electro sensitive protection devices, which

stopped the machine when the roller was active in the

operator zone and the light beam was broken.

Alfaplas Limited pleaded guilty to breaching Regulation 11(1) of

the Provision and Use of Work Equipment Regulations 1998

and Regulation 3(1) of the Management of Health and Safety

Regulations 1999. They were fined £150,000 and ordered to

pay costs of £14,379.

Speaking after the hearing, HSE inspector Sara Lumley said:

“This incident could so easily have been avoided by simply

ensuring that dangerous parts of machinery were guarded.

A builder has been imprisoned for 24 weeks after he failed to

report a serious incident at a construction site he was in charge

of.

Westminster Magistrates’ Court heard that on 8 January 2019,

worker Simon Lewis had been clearing a site on Clarence

Avenue, New Malden with an excavator so a new house could

be built. The excavator tipped while digging and it trapped Mr

Lewis’ leg, resulting in an amputation.

An investigation by the Health and Safety Executive (HSE) found

that Mr Lewis had no formal training for operating excavators

and had requested a 3-ton model was provided for the work.

However, only a smaller 1.7-ton excavator was provided, and

Mr Lewis was put under pressure to use this.

The incident was not reported to the HSE within ten days as

required and the defendant had not investigated the incident.

HSE was only able to start an investigation more than eight

months later when the injured person complained. By this time

crucial evidence relating to the cause of the incident was

unobtainable and the work was almost completed. There was

no health and safety related documentation and there was no

employer’s insurance cover for Mr Lewis to claim against. Mr

Adams had not obtained any health and safety related training

during his 50 years in the construction industry.

The builder, trading as Surrey Conversions pleaded guilty to a

breach of Regulation 3(1) of the Reporting of Injuries, Diseases

and Dangerous Occurrences Regulations 2013. He received a

24-week custodial sentence and was ordered to pay costs of

£2,033.

Worker entangled in machinery

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Builder imprisoned for 24 weeks

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May 2021

Esseco UK Ltd has been sentenced for safety breaches after an

employee fell 2.7 metres onto a concrete floor and suffered a

fracture to his skull.

The company was also fined for an explosion at a chemical

plant in Wakefield in November 2014.

Leeds Crown Court heard that on 11 May 2015, the employee

entered the first floor of a building on Calder Vale Road,

Wakefield known as ‘the Wendy House’, in order to inspect the

building prior to demolition.

As he walked across the metal decking on the first floor, he fell

through a gap, which had been created by removal of a piece

of equipment, to the floor below. He suffered a fractured skull,

fractures to five vertebrae a broken clavicle, broken ribs, a cut

on the leg and a dislocated finger.

An investigation by the Health and Safety Executive (HSE)

found that the building was redundant and due for demolition.

The section of the metal decking floor had previously been

removed on 24 April 2015 leaving a gap measuring 0.9m by

0.7m.

Esseco UK Ltd pleaded guilty to breaching Section 2 (1) of the

Health & Safety at Work etc Act 1974. The company has been

fined £140,000 and ordered to pay costs of £7,642.

Esseco was also prosecuted by HSE following an explosion at

the company’s chemical plant, also in Wakefield.

Nobody was hurt in the blast on 19 November 2014, which

caused damage to the steel structure and a release of sulphur

dioxide into the atmosphere.

The construction of a new process plant at the site was near

completion and commissioning of the plant had started in

September 2014.

Trials were being run on the new plant, which involved the use

of the chemicals used in the production process of

agricultural liquid fertilizer, including sulphur prill (granules of

solid sulphur). There were problems with the enclosed bucket

conveyor feed system, which transported the prill from a

hopper into the chemical reactor tank. Sulphur dust was

created within the conveyor due to physical break down of the

prill. The sulphur dust cloud ignited, which caused the

explosion.

An investigation by HSE found that commissioning of the plant

with inert materials would have identified that the conveyor

system was not aligned correctly, resulting in physical

degradation of the prill to form an explosive dust cloud.

The specification of components of the conveyor system had

not been checked by the dutyholder resulting in the presence

of potential of ignition sources within the conveyor system.

The company pleaded guilty to breaching Regulation 4 of the

Control of Major Accident Hazard Regulations 1999, was fined

£90,000 and ordered to pay costs of £7,642.

An asbestos removal contractor has been fined after a worker

was fatally injured and another worker seriously injured in a

gas explosion.

Hamilton Sheriff’s Court heard how on 5 October 2017,

workers were removing a boiler and pipework, and

overspraying walls to remove asbestos residue, at the former

Pastoral Centre in Bonkle Road, Newmains in Wishaw.

The work was being carried out prior to demolition. The plan

was to cut the boiler and pipework into sections to make it

easier to remove. However, the gas supply had not been

isolated and the workers cut through a live gas outlet pipe, the

gas ignited causing an explosion.

Two workers received extensive burns to their body and

underwent surgery.

One of the employees died in hospital several days after the

incident.

An investigation by the Health and Safety Executive (HSE)

identified that the risk assessment and plan of work for the job

had identified services were present in the boiler room, but

the company failed to ensure the gas pipe was isolated and

purged of gas before work commenced.

Enviraz (Scotland) Limited pleaded guilty to breaching Section

2(1) of the Health and Safety at Work etc Act 1974.

The company was fined £150,000.

Chemical company fined after worker suffered multiple fractures Fatal gas explosion

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2021)

May 2021

A buy to let property developer

and company director have been

fined for poor health and safety

standards on their construction

site in Cardiff.

Cardiff Magistrates’ Court heard

that JNR Developers Limited had

consistently performed below

required health and safety

standards over a period of 10

years, despite interventions from

HSE and enforcement action to

remedy poor practice.

Health and Safety Executive (HSE)

inspections of refurbishment

projects under the control of JNR

Developers Limited in February,

March and April 2018 uncovered

serious management failings that

had resulted in site activities

being performed unsafely.

Multiple risks were identified

including structural safety

concerns, unsafe work at height,

poor electrical safety,

substandard plant management

and inadequate welfare that

resulted in immediate

enforcement action.

A subsequent HSE investigation

into JNR Developers Limited and

its director, identified a long

history of enforcement by HSE at

construction sites under his

control dating back over 10 years.

The investigation also identified

that poor safety management

and leadership had continued at

sites controlled by him despite

him receiving director health and

safety training as a result of

previous HSE enforcement action.

JNR Developers Limited pleaded

guilty to breaching Section 3(1) of

the Health and Safety at Work etc

Act 1974.

The company was fined £32,000

ordered to pay costs of £8,000.

The director pleaded guilty to

breaching Section 37(1) of the

Health and Safety at Work etc Act

1974. He received a six months

custodial sentence, suspended

for twelve months, and ordered

to undertake eighty hours of

unpaid work.

Company and director prosecuted for repeated poor standards of site safety

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2021)

May 2021

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May 2021

Greenway Partnership Limited, a Herefordshire based

construction company, has been fined after an apprentice fell

two metres during the demolition of part of a school premises.

Bristol Magistrates’ court heard that on 8 February 2018, the

apprentice electrician fell from height, causing facial and head

injuries. He was in the process of removing the flat roof of a

School in Lyndney when the incident occurred.

An investigation by the Health and Safety Executive (HSE)

found that the Greenway Partnership Limited did not

adequately plan for the removal of the flat roof. Operatives

had not been trained in working at height or demolition, and

there was inadequate supervision of the work. As a result, no

measures were put in place at the time to prevent or mitigate

a fall.

Greenway Partnership Limited pleaded guilty to breaching

Regulation 4(1) of the Work at Height Regulations 2005.

Despite being in liquidation the company was fined £21,319

and ordered to pay £6,284 in costs.

An MOT centre has been sentenced after oil drums supplied by

them exploded and killed an agricultural engineer.

Luton Magistrates’ Court heard how on 21 April 2017,

Christopher Chatfield, an experienced agricultural engineer,

was making metal pheasant feeders for the local game shoot.

This involved converting empty 200 litre oil containers by

cutting open the lids using a plasma torch. While cutting open

the third drum it violently exploded resulting in fatal injuries to

Mr Chatfield.

An investigation by the Health and Safety Executive (HSE)

found that the empty drums, labelled as having contained

motor oil, were found to have also previously contained highly

flammable gasoline, but had not been labelled correctly. The

residual gasoline vapour present within the drums violently

ignited upon the action of the hot cutting process, causing fatal

injuries to Mr Chatfield. There was a failure to provide any

labelling to show that the empty motor oil drums had been

repurposed to store gasoline and this created a risk of fire and

or explosion.

Stonehill MOT Centre Ltd pleaded guilty to breaching Section 6

(1)(c) of the Health and Safety at Work etc Act 1974. They were

fined £80,000 and ordered to pay costs of £8,167.

Speaking after the hearing, HSE inspector Parmjit Gahir said:

“Those who are involved in the sale or supply of an article or

substance, in this case used oil drums, have a responsibility to

ensure that adequate information is provided so that the

person buying the article can ensure that it can be safely used,

cleaned and maintained.

A manufacturing company has been fined after an apprentice’s

hand was caught in machinery.

Manchester Magistrates’ Court heard that on 21 November

2018, a 17-year-old apprentice, who had been working at

Amber Industries Limited in Oldham for 18 months, was

reaming work pieces using an unguarded pillar drill whilst

wearing gloves.

The glove on his right hand became entangled in the drill bit

resulting in three of his fingers being severed.

An investigation by the Health and Safety Executive (HSE)

found there were no guards in place to prevent access to

rotating parts and that the company had failed to provide

suitable information, instruction and training to the

apprentice, including clear instructions not to wear gloves.

They also failed to provide adequate supervision and

monitoring.

Amber Industries Limited pleaded guilty to breaching Section 2

(1) of the Health and Safety at Work etc Act 1974. The

company was fined £52,500 and ordered to pay costs of

£14,442.

Speaking after the hearing, HSE inspector Jane Carroll said:

“This injury was easily preventable, and the risk should have

been identified. Employers should make sure they properly

assess and apply effective control measures to minimise the

risk from dangerous parts of machinery”.

Fall from height Apprentice suffered hand injury Worker killed by oil drum explosion

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May 2021

The government has promised to "halt the decline of nature"

as part of a new drive to improve the environment.

More trees are to be planted, the sale of peat will be banned

and new targets will be set to return species such as wildcats

and beavers to the countryside.

The measures include a legally binding 2030 target to address

wildlife loss.

In a speech from Delamere Forest, in Cheshire, Environment

Secretary George Eustice, said: "We hope that this will be the

net zero equivalent for nature, spurring action of the scale

required to address the biodiversity crisis." He also described

the move as "a huge step forward".

The legally binding target will apply to England only, with

devolved administrations able to set their own policy.

The government has also set out new proposals to protect

England's peatlands as part of a drive to achieve its goal of

bringing greenhouse gas emissions to zero overall - known as

net zero - by 2050.

It plans to ban sales of peat compost to gardeners in England

by 2024 and provide funding to restore 35,000 hectares

(86,000 acres) of degraded peatlands in the next four years,

about 1% of the UK's total.

Healthy peatlands play an important role in storing carbon -

three times as much as forests. However, peatlands damaged

by draining, planting with trees, or farming, start to leak

carbon, contributing to greenhouse gas emissions.

Only a fifth of the UK's 2.6 million hectares (6.4 million acres)

of peat are in good condition. Estimates suggest the habitat -

which ranges from upland moors to rich agricultural lowland -

could give off as much as 23 million tonnes of carbon emissions

a year.

Just 20 companies are the source of more than half of all the

single-use plastic items thrown away globally.

That is the conclusion of analysis of the corporate network

behind plastic production.

The study looked at approximately 1,000 factories that make

the raw materials needed for single-use products.

Plastic bottles, food packages and bags are among billions of

items that are used once and then thrown away, often ending

up in the oceans.

The research, carried out by a consortium including the London

School of Economics, looked at which companies are at the

base of the plastic supply chain and make polymers, the

building blocks of all plastics.

It names 20 petrochemical companies which it says are the

source of 55 per cent of the world's single-use plastic waste.

The companies include ExxonMobil, Dow and Sinopec.

The study also assesses which countries generate most single-

use plastic waste, based on per head of population.

The UK comes in fourth, with more than 40kg of plastic waste

generated per person per year, the authors state, while

Australia is top and the United States second.

The information can be accessed at: https://

www.minderoo.org/plastic-waste-makers-index/

Government give the green light for 'net zero' equivalent for nature Single use plastic waste report

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May 2021

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