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Message from Chief Executive Sarah Albon – My first International Workers’ Memorial Day

This year, International Workers’ Memorial Day (IWMD) feels more important than ever. It’s my first time commemorating the day both as HSE’s Chief Executive and personally, I can’t help but think on it in the context of these extraordinary times.

Before I started at HSE, I wasn’t that aware of the day. But clearly, it’s significance for us, as the national workplace health and safety regulator, really can’t be overstated. The opportunity to take a minute together (even virtually), to reflect and to remember those who’ve died at or because of work is so valuable and a clear reminder of why the Health and Safety Executive exists.

I believe firmly in our mission – that no-one should get ill, be injured or die because of work. And as I write this, I’m thinking about the key workers who are risking their own health and wellbeing during the coronavirus outbreak. I want to recognise them and their efforts which are so instrumental to the national effort. The extra levels of risk they’re now exposed to at work are in some cases unavoidable but let me be clear that all risk must be managed appropriately. I’m proud of how hard HSE is working to make sure employers put sensible and pragmatic approaches in place, and keeping our guidance, based on science and evidence, updated. These efforts are a vital part of keeping essential services going. So to my colleagues, and all those duty holders adapting to the current circumstances, thank you.

As well as all those affected by the coronavirus outbreak, I also want to think about everyone else we’ve lost.

In 2019, 147 people died while at work in Great Britain. That number is still far too high. But our work is about more than numbers. Work-related deaths fracture families, they shatter communities, and so many of them can be avoided. In my short time as HSE’s Chief Executive, I’ve seen first-hand, the continuing work by duty holders to assess and appropriately manage risk to their employees, to seek out guidance and to uphold the law so that no-one dies as a result of work in Great Britain.

Usually, we’d mark International Workers’ Memorial Day with small ceremonies at our offices around the country. We’d invite many of our partners and in some cases the families of victims to join us, and together reflect on our shared work to make our country the safest place to live and work in the world. Unfortunately, this year, we can’t do all of that in the same way.

Instead, we’ll be commemorating the day using our social media channels to share our message as widely as possible – that no-one should die because of work in Great Britain. On Tuesday, using the hashtag #IWMD20, I hope you’ll help us spread that message.

I’d also like to invite you to join HSE and people nationwide observing a minute’s silence at 11am on Tuesday to remember the people behind the numbers and all those who’ve been made ill, injured or died from doing their job.

Thank you.

Sarah Albon

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HSE assembles specialist unit to support UK’s coronavirus response

Britain’s workplace regulator has assembled a team of specialists to assist the Government’s national effort to get personal protective equipment (PPE) to frontline health care workers fighting the coronavirus (COVID-19) pandemic.

Supporting the Government’s PPE Plan, the Health and Safety Executive’s (HSE) PPE Unit is made up of regulatory inspectors, policy makers and scientists. It has been evaluating materials and specifications against relevant PPE requirements, to rapidly provide agreement that new and novel sources of supply have been properly assessed and can be deployed to frontline workers without unnecessary delay.

Working closely with the Department for Health and Social Care, as well as Public Health England, the NHS and other government departments, HSE’s expertise in managing workplace risk combined with its knowledge of PPE material science and regulations is helping the Government’s aims to ensure there is a continued supply to where PPE is needed.

The unprecedented global demand for PPE during the coronavirus pandemic has meant that the UK is sourcing products from new suppliers and HSE is providing the reassurance that these are of the right quality to protect NHS workers.

Rick Brunt, Head of Operational Strategy, explains: “For PPE to be effective and provide protection to the worker, it’s not just a question of supply. It must also be suitable for the task in hand and we need to be assured that protective equipment will actually protect people.

“At this time of unprecedented national emergency, we’re working very hard with other agencies to ensure those maximising supply of PPE have our support and assurance when they need it. Our advice is grounded in science and experience, not just our understanding of the regulations.

“We want to ensure that any PPE destined for our frontline workers, regardless of its provenance, is appropriately tested so that we know it will serve its purpose.”

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Coronavirus – open letter to the food industry

Note: This addresses concerns raised by bakeries but is of relevance to the whole of the food industry.

As you will appreciate this is a fast moving and unprecedented situation. In these extraordinary times, we are constantly reviewing how we can support the national effort to tackle COVID-19 and continue to protect Britain’s workforce.

In support of the Government and to help businesses and workers, we are clarifying and promoting guidance for those continuing to work away from the home.

In bakeries, breathing in flour dust can be a significant risk as it can cause occupational asthma. We are aware that currently there is a restricted supply of dust masks (PPE) across many parts of the food industry and that many employers still rely on them to control exposure to hazardous substances. However, suitable control can often be achieved using good working practices and local exhaust ventilation (engineering controls) which then means that employees do not need to wear dust masks; reducing overall pressure on the supply chain. To advise bakeries on what they can do we have produced the guidelines in Annex 1.

During the COVID-19 outbreak we do not anticipate an increase in cases of occupational asthma. Employers that effectively control exposure to flour dust using good working practices, engineering controls and PPE will not see an increase in cases. However, whenever cases are reported, in line with our publicly available Incident Selection Criteria, we will investigate them to understand the circumstances.

https://www.hse.gov.uk/enforce/incidselcrits.pdf

Guidance on what to report to HSE under the Reporting of Injuries, Disease and Dangerous Occurrences Regulations (RIDDOR) is available on our website. The guidance includes the restricted circumstances under which cases of COVID-19 amongst employees are reportable:

https://www.hse.gov.uk/riddor/index.htm

Following an investigation HSE cannot give a guarantee that, regardless of the circumstances, we would not prosecute, or take one of the other enforcement actions open to us. We will, however, continue to take decisions on enforcement action in accordance with our publicly available Enforcement Policy Statement, which requires that prosecution, must be both proportionate to the seriousness of the breach and in the public interest – it is a course of action used for the most serious breaches of legislation. Employers that can demonstrate effective control of risks with the appropriate combination of good working practices, engineering control and PPE are not likely to face enforcement action.

HSE is doing everything we can to support the nation at this time of crisis. We are working across government and with industry on the response to COVID-19 by agreeing sensible and pragmatic approaches to workplace safety that ensure essential services continue.

Addressing the Temporary Unavailability of PPE in the Food Industry due to COVID-19

Options for using PPE with an APF of 10

If dust masks (PPE) are necessary to assist in reducing exposure to flour dust to a level as low as is reasonably practicable (ALARP), HSE guidance is that it should have an assigned protection factor (APF) of at least 20 (e.g. FFP3, re-useable respirator with a P3 filter or a TH2/3 powered air respirator).

HSE recognises however that the availability of PPE with an APF of 20 may be reduced due to COVID-19. Where an employer is anticipating that their supplies of PPE with an APF of at least 20 will be exhausted and they are unable to source another supply, then they must carry out a COSHH risk assessment.  This should identify the combination of additional dust exposure minimising measures in place to maintain adequate protection and ensure that the risk to workers is not increased by providing PPE with an APF of 10 (e.g. FFP2, re-useable respirator with a P2 filter).  The additional measures should include:

Using non-stick coatings on conveyor belts and greaseproof paper on trays instead of flouring the surfaces.

Using low-dust flours as a lubricant and for dusting.

Using flour improvers in paste or liquid form instead of powder to reduce the airborne dust generated when adding ingredients.

Separating the weighing and dispensing of flour and powdered ingredients from the remainder of the production area using enclosures to contain the flour dust within the enclosure to minimise flour dust spreading.

Using mixers with lids to contain the dust at the start of mixing cycles.

Using effective, adequately designed and maintained local exhaust ventilation for dusty tasks such as bulk flour sieving, dispensing, weighing, tipping powdered ingredients.

Ensuring all workers have been provided with information, instruction and training on careful flour handling techniques, including:

Ensuring supervision to ensure all workers carry out the careful flour working techniques to minimise their exposure to flour dust, and they raise any concerns or defects immediately.

Safe working practices to minimise flour dust:

Avoiding hand dusting; using a sieve / dredger with minimal drop height.

Using high efficiency industrial vacuum cleaners and avoid dry sweeping with a brush.

Not using compressed airlines for cleaning off dust from equipment.

Ensuring ingredients in powder form are not tipped from a height into mixing bowls.

Minimising airborne dust when folding and disposing of empty bags i.e. rolling the bag from the bottom while tipping avoiding the need to flatten or fold empty bags.

Starting-up mixers on slow speed until wet and dry ingredients are combined.

Note:  When sourcing alternative PPE and choosing; disposable, reusable or powered air respirators, a fit test is required for any tight-fitting PPE provided as a control measure unless you can source the same mask, in the same size, for which the worker has been fit tested before.  Inadequate fit can reduce the protection provided to the wearer.  Further guidance on fit-testing can be found at https://www.hse.gov.uk/pubns/indg479.pdf.  Advice on undertaking face fit testing to avoid transmission of COVID-19 can be found at https://www.hse.gov.uk/news/face-mask-ppe-PPE-coronavirus.htm.

Alternatively, devices such as loose-fitting powered helmets or hoods, which do not require face-fitting, could be selected for the affected workers.  Further information on these types of devices can be found in the guidance document HSG 53 (Respiratory protective equipment at work – A practical guide), available at the following link: https://www.hse.gov.uk/pubns/priced/hsg53.pdf.

Complying with COSHH

All control measures must be determined through risk assessment and applied to the extent where they are reasonably practicable. Exposed workers should wear the most practical PPE with the highest APF, necessary to control exposure to flour dust.  If PPE with an APF of at least 20 cannot be sourced, PPE with an APF of 10  used in a combination of the above measures may control exposure to ALARP, achieving compliance with Regulation 7 of COSHH.

Conserve the stocks of suitable PPE

In order to optimise the stocks of suitable PPE, employers are encouraged to take steps which will help preserve them. These could include:

Only providing PPE to those workers who need it.

Issuing PPE specific to the level of risk for specific tasks i.e. use lower APF PPE, that of an APF of 10, where the level of personal flour dust exposure is lower.

Providing instruction on maximising the use life of all PPE, by ensuring adequate user checks, cleaning and storage.

Note:  This guidance will be temporary and limited to the duration of this COVID-19 crisis – HSE is responding to the current challenges faced by the baking industry, in respect of the potential for temporary unavailability of PPE used to protect workers from food ingredient dusts.

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HSE advises on the importance of fitting RPE correctly

The Health and Safety Executive (HSE) is advising healthcare workers currently using respiratory protective equipment (RPE) on the importance of ensuring it is fitted correctly. A respirator that is incorrectly fitted will not protect the wearer.

Tight-fitting respirators rely on having a good seal with the wearer’s face. It is vital that before using a respirator for the first time, or before using a different brand of respirator, wearers pass a fit test for the model and size of respirator they are going to use. This is to make sure the equipment fits to their particular facial characteristics.

In these unprecedented times, to protect front line health care workers and reduce the risk of transmission during the coronavirus outbreak, if support is required in carrying out a fit test, it should be done following government advice on social distancing. This means making sure instructions are delivered verbally and observations are made from a distance of two metres (6ft) where possible. If closer observation is required, those being fitted should keep their respirator on to minimise the risk of transmission.

Once the wearer has been fit tested for the model of respirator they intend to use, they must ensure they have put it on correctly to protect themselves and others. Wearers should follow three simple steps: R-P-E

Read the guidance

HSE has step-by-step guidance on the correct way to fit the respirator and carry out a fit check. Wearers must familiarise themselves with the guidance and follow the manufacturer’s instructions when fitting their equipment.

Put your respirator on using a mirror

When fitting a respirator, wearers must make sure the straps are in the correct place and are not twisted or crossed over. The easiest way to do this is using a mirror.

Ensure your own safety

Dr David Fishwick, Chief Medical Adviser for HSE and respiratory physician said: “Before entering the workplace, wearers must carry out a fit check to ensure their respirator is on correctly. This allows the wearer to check they are experiencing no leakage around the face seal, and that they have put the respirator on correctly.”

Andrew Curran, Chief Scientific Adviser for HSE said: “Ensuring RPE is put on correctly is crucial. Any gaps between the wearer’s face and the mask face seal, whether through incorrect moulding of the nose clip or by facial hair, will compromise the protection of the wearer.

“Users must ensure they have been fit tested for the size and model of respirator they are going to use, and that they carry out a fit check each time RPE is used.”

For further information, see HSE’s related RPE videos. You can also sign up to our newsletter to receive updates and ongoing information.

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Coronavirus – A joint statement with The Partnership on Health and Safety in Scotland

This is an extremely worrying time for businesses and workers. We know many workers, union reps and employers have questions and concerns about safe working – especially for those continuing to attend a place of work away from their homes.

This statement by the Partnership on Health and Safety in Scotland1 (PHASS) is intended to clarify the position. The health and safety of workers remains paramount. Employers must continue to provide workers with information about risks to their health and the actions their employers must take.

We have high expectations of how fair work principles should be applied during the current crisis. This means an approach where workers, trade unions and employers work together constructively to reach the right decisions on all workplace issues that arise throughout this crisis.  The dimensions of fair work as defined by the Fair Work Convention: effective voice; security; respect; opportunity and fulfilment, applied to the current context, offer a framework for taking these decisions.

Social distancing is a key public health measure supported by the Scottish Government to reduce the spread of infection but certain businesses are required to close by law.  Businesses unsure of the guidance should visit: https://www.gov.scot/news/social-distancing-guidance-for-business/.  Those that can safely stay open, keeping the country running, must also follow government guidance.

Most employers are going to great lengths to ensure social distancing.  PHASS wishes to publicly support these efforts.  But if it comes to the HSE’s attention that employers are not complying with the relevant public heath guidance (by enabling social distancing when it is practical to do so before personal protective measures), HSE will consider a range of actions ranging from providing specific advice to employers through to issuing enforcement notices, including prohibition notices.  Local authorities also have enforcement powers in specific premises under health and safety legislation and also powers – including to be able to close non-essential businesses – under new public health Coronavirus legislation in Scotland.

Where a worker has a genuine concern about health and safety which cannot be resolved through speaking with their employer or trade union, they should contact the relevant enforcement agency – either their local authority, or the HSE through https://www.hse.gov.uk/contact/concerns.htm

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Manufacturer fined after an agency worker was dragged into a press roller

A manufacturing company has been fined after an employee’s arm was dragged into a press roller.

Chelmsford Magistrates’ Court heard that on 19 June 2019, an agency worker at E.G.L. Homecare Limited suffered a severe crush injury to his arm as he attempted to remove dirt from a press roller at the address on Campfield Road, Shoeburyness. He was working on a production line that glued sponge to abrasive sheets to make scourer sponges. His job was to remove the sheets of scourer sponges from the conveyor onto a pallet when his right hand got dragged into the nip point of two in-running rollers up to his shoulder. He was diagnosed with forearm compartment syndrome, a painful condition caused by bleeding or swelling within an enclosed bundle of muscles. He had an operation on his arm and had to stay in hospital for six days.

An investigation by the Health and Safety Executive (HSE) found that the company failed to provide a tunnel guard on the press roller to prevent access to the rollers.

E.G.L. Homecare Limited of Campfield Road, Shoeburyness has pleaded guilty of Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. The company has been fined £80,000 and ordered to pay costs of £5,314.08.

Speaking after the case, HSE inspector Carla Barron, said: “This incident could have been avoided had the company properly assessed the guarding arrangements on the machine when it was installed. Unfortunately access to in-running rollers is a common cause of injury but it can be easily avoided by providing effective control measures such as the provision of tunnel guards.”

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HSE issues exemption for the manufacture and supply of biocidal hand sanitiser products in the UK

The Health and Safety Executive (HSE) has taken steps to support hand sanitiser manufacturers as UK production is increasing to tackle Coronavirus.

Due to unprecedented demand for biocidal hand sanitiser products during the coronavirus outbreak, HSE is providing derogations that will assist the UK manufacture and supply of biocidal hand-sanitiser products that use propanol as their active ingredients.

During the temporary exemption, biocidal hand sanitiser products containing Propan-2-ol will not be required to obtain a product authorisation if they meet the relevant WHO-specified formulation II.

Article 55 (1) of the Biocidal Products Regulation (BPR) enables HSE, in cases of danger to public health, animal health or the environment which cannot be contained by other means, to provide short term derogations from the requirements for product authorisation.

Manufacturers in scope of the derogation should read the advice provided in the link below.

Dr Richard Daniels, HSE’s Chemicals Regulation Director said: “It is vital that workers and members of the public are able to protect themselves and others from the spread of Coronavirus. The correct use of safe and effective biocidal hand sanitisers are part of the range of government measures to protect the NHS and UK citizens.

“Amid this national effort, we are working closely with other government agencies, manufacturers and their trade associations to help remove obstacles to the manufacture and supply of safe and effective biocidal hand sanitiser products and reduce supply chain issues.

“While this action will enable manufacturers to place hand sanitiser products on the UK market quickly, we still expect them to meet their responsibilities to adhere to the correct standards which protect the people and the environment from potentially harmful chemical effects.”

HSE’s updated guidance has been published on the HSE website.

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Tayside Health Board fined after three patients died in acute psychiatric ward

Tayside Health Board has been fined following three incidents where patients died by suicide using ligature points.

Perth Sheriff Court heard that, between 1 April 2012 and 4 November 2015, on the Moredun Ward at general adult psychiatry ward of Murray Royal Hospital, Muirhall Road, Perth, three patients were able to utilise ligature points to take their own lives. Patients on Moredun Ward are acutely unwell and often not in a position to ensure their own safety.

An investigation by the Health and Safety Executive (HSE) found that Tayside Health Board failed to assess, manage and control the risk of severe injury and death associated with ligature anchor points. Private bedrooms within the facility had multiple ligatures points which could have been removed to reduce the risk to patients on the ward. The Health Board failed to effectively communicate risks associated with the ligature points to staff who were required to monitor and assess patients. A previous attempt by one patient to secure a ligature to a ligature anchor point was not communicated to the staff who monitored her. She later successfully took her own life by the same method.

Tayside Health Board of Ninewells Hospital, Clepington Road, Dundee pleaded guilty to breaching Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work Act and was fined £120,000.

After the hearing, HSE inspector, Kerry Cringan said: “These tragic incidents led to the avoidable deaths of three women. These deaths could have been prevented if the Health Board had acted to ensure their ward met the required standards for acute mental health facilities.  This requires providers to ensure that spaces where service users are not continually supervised are designed, constructed and furnished to make self-harm or ligature as difficult as possible. HSE will not hesitate to take appropriate enforcement action if providers fail to meet these standards.”

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Poor management control puts workers at risk

A Blackburn logistics company has been fined after failing to provide fall protection for workers replacing the roof of its premises.

Blackpool Magistrates’ Court heard how, on 29 May 2019, Health and Safety Executive inspectors visited a warehouse in Blackburn and observed two workers on the roof without any physical protection or any work equipment in place to prevent or minimise the distance of a fall.

Further investigation by HSE also found that the roof of the warehouse was fragile and the employees were at risk of coming through it. The company, Speed Drop Logistics Ltd, did not have any measures in place to prevent workers falling from or through the roof from which they could suffer personal injury or even death. The removal of tiles should have been carried out from underneath the roof using a scissor lift or a cherry picker. Scaffold should have been in place to create a barrier against and to minimise the distance of a possible fall.

Speed Drop Logistics Ltd of Manner Sutton Street, Blackburn, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005. The company was fined £80,000 and ordered to pay costs of £1570.60.

Speaking after the hearing, HSE inspector Stuart Hadfield, 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. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standard.”

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Plymouth landlord receives suspended prison sentence after gas safety failings

A landlord from Plymouth has been sentenced after failing to maintain gas appliances and failing to have landlord’s gas safety checks undertaken at his rental property in Canterbury Drive, Plymouth.

Plymouth Crown Court heard how, in August 2018, a concern was raised with the Health and Safety Executive (HSE) by a previous tenant that no landlord’s gas safety checks had been carried out for three years. HSE made numerous attempts to contact the landlord, Mr Thomas Brumby, but received no replies or representations.

Having failed to provide HSE with a copy of any landlord’s gas safety records for his tenanted property, a formal Improvement Notice was served on Mr Brumby requiring him to arrange for the gas appliances at his tenanted property to be checked and maintained. Mr Brumby ignored this Improvement Notice.

Thomas Brumby of Canterbury Drive, Plymouth, pleaded guilty to breaching Regulations 36(3)(a) and 36(2)(a) of the Gas Safety (Installation and Use) Regulations 1998. He has been sentenced to 15 weeks in prison for each offence, both suspended for 18 months, and ordered to pay costs of £1,500.

Speaking after the hearing HSE inspector Simon Jones said: “Thomas Brumby put the residents and other members of the public at risk of harm by failing to maintain gas appliances in a domestic property. He showed contempt of the law surrounding gas safety at a tenanted property.

“Landlords must ensure they obtain a landlord’s gas safety record and they maintain all gas appliances in accordance with the law.”

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Building firm fined after worker injured

Stan England Builders Limited has been fined following an incident when a worker suffered serious injuries after falling from a mezzanine level and wooden platform.

Aberdeen Sheriff Court heard that on 31 March 2016, Alan Ness was working at a residential property in Banchory. He began taping areas on the ceiling of a mazzine level. He gained access to this level by a wooden platform which had a ladder propped against it. As he was working close to the edge of the mezzanine level, he lost his footing and stumbled a drop of 18.5cm onto the wooden platform. He was unable to regain his footing and fell a further 2.5 metres head first onto the floor below. He sustained head, back and neck injuries.

An investigation by the Health and Safety Executive (HSE) found that there was no edge protection on the wooden platform and no safe system of work had been put in place. Mr Ness had received no formal training for work at height or working on ladders, he had a lack of knowledge and awareness of the hazards associated with work at height. Stan England Builders Limited had failed to supervise appropriately and had not corrected deficiencies, despite visiting shortly before the accident there was no written risk assessments for this task.

Stan England Builders Limited of Raemoir Road, Banchory pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005 and was fined £6,000.

After the hearing, HSE inspector, Connor Gibson said: “Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of working.

“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. In this case a different and simple approach of using edge protection on the wooden platform could have prevented the life changing injuries sustained by the employee.”

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Company fined after worker loses thumb

A poultry processing company was fined for safety breaches after an agency worker had her thumb severed on a moving part of a processing line.

Sheffield Magistrate’s Court heard that, on 24 April 2017, the Chesterfield Poultry Ltd worker was rehanging chickens on a hook coming from an overhead conveyor at a site on Coulman Street, Coulman Road Industrial Estate, when one of the chicken’s feet came out of the shackle. As she went to insert the foot back into the hook, her thumb got stuck, and she was pulled around with the conveyor. Further around the line there was a fixed upright post attached to a drip tray and as she got to this point her thumb met the post and her thumb was traumatically severed.

An investigation by the Health and Safety Executive (HSE) found there was no emergency stop for the worker to stop the conveyor from her working position when she became caught in it.

Chesterfield Poultry Ltd (CPL) trading as Iqbal Poultry (IQP) of Coulman Street, Thorne, Doncaster pleaded guilty to breaching Section 3(1) of the Health & Safety at Work Act 1974. The company has been fined £300,000 and ordered to pay £5,046.29 in costs.

Speaking after the hearing, HSE inspector Eddy Tarn commented: “The moving shackles passing the fixed pole – that supported the drip tray – created the danger zone that the worker was drawn into.

“Companies must ensure that measures are in place to prevent access to dangerous parts of machinery and provide a means to stop machinery should an emergency happen.”

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Plymouth landlord receives suspended prison sentence after gas safety failings

A landlord from Plymouth has been sentenced after failing to maintain gas appliances and failing to have landlord’s gas safety checks undertaken at his rental property in Canterbury Drive, Plymouth.

Plymouth Crown Court heard how, in August 2018, a concern was raised with the Health and Safety Executive (HSE) by a previous tenant that no landlord’s gas safety checks had been carried out for three years. HSE made numerous attempts to contact the landlord, Mr Thomas Brumby, but received no replies or representations.

Having failed to provide HSE with a copy of any landlord’s gas safety records for his tenanted property, a formal Improvement Notice was served on Mr Brumby requiring him to arrange for the gas appliances at his tenanted property to be checked and maintained. Mr Brumby ignored this Improvement Notice.

Thomas Brumby of Canterbury Drive, Plymouth, pleaded guilty to breaching Regulations 36(3)(a) and 36(2)(a) of the Gas Safety (Installation and Use) Regulations 1998. He has been sentenced to 15 weeks in prison for each offence, both suspended for 18 months, and ordered to pay costs of £1,500.

Speaking after the hearing HSE inspector Simon Jones said: “Thomas Brumby put the residents and other members of the public at risk of harm by failing to maintain gas appliances in a domestic property. He showed contempt of the law surrounding gas safety at a tenanted property.

“Landlords must ensure they obtain a landlord’s gas safety record and they maintain all gas appliances in accordance with the law.”

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Building firm fined after worker injured

Stan England Builders Limited has been fined following an incident when a worker suffered serious injuries after falling from a mezzanine level and wooden platform.

Aberdeen Sheriff Court heard that on 31 March 2016, Alan Ness was working at a residential property in Banchory. He began taping areas on the ceiling of a mazzine level. He gained access to this level by a wooden platform which had a ladder propped against it. As he was working close to the edge of the mezzanine level, he lost his footing and stumbled a drop of 18.5cm onto the wooden platform. He was unable to regain his footing and fell a further 2.5 metres head first onto the floor below. He sustained head, back and neck injuries.

An investigation by the Health and Safety Executive (HSE) found that there was no edge protection on the wooden platform and no safe system of work had been put in place. Mr Ness had received no formal training for work at height or working on ladders, he had a lack of knowledge and awareness of the hazards associated with work at height. Stan England Builders Limited had failed to supervise appropriately and had not corrected deficiencies, despite visiting shortly before the accident there was no written risk assessments for this task.

Stan England Builders Limited of Raemoir Road, Banchory pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005 and was fined £6,000.

After the hearing, HSE inspector, Connor Gibson said: “Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of working.

“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. In this case a different and simple approach of using edge protection on the wooden platform could have prevented the life changing injuries sustained by the employee.”

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Surrey metal fabricator fined after girl crushed by steel gate at primary school

A manufacturer of bespoke gates has been fined after an eight-year-old girl was crushed by a steel gate at a London school.

Westminster Magistrates’ Court heard that on 17 May 2018 the girl had been leaving an evening gymnastics club at the school in Streatham. when the sliding gate fell on her. She suffered multiple fractures to her pelvis as well as internal injuries.

The manual sliding gate, which is more than five metres long and 1.7 metres high, was designed and manufactured by Metalart Fabrication Limited. It was installed by Metalart at the school, which is attended by 1700 pupils, in February 2018 after a paper delivery lorry damaged a previous, two-leaf swing gate.

However, an investigation by the Health and Safety Executive (HSE) found that the mechanism in place to prevent the sliding gate from overrunning and falling over as it was opened (a small stop welded to its guiding rail) was insufficient if the gate was opened robustly.

When the gate was opened at the time of the incident, it became disengaged from the rollers holding it up, when its momentum caused it to ‘ride over’ the stop. With nothing to hold it in position, it fell on the girl. The company made changes to the gate’s stop mechanism on the morning after the incident and a HSE specialist verified its safety.

Metalart Fabrication Limited, of Oldfields Road, Sutton, Surrey pleaded guilty to breaching Section 6(1)(a) of the Health and Safety at Work etc Act 1974. The company was fined £19,327, including full costs of £1,147 and a victim surcharge of £180.

Speaking after the hearing, HSE inspector Sarah Whittle said: “The failure to fit suitable end-stops meant that the gate was an accident waiting to happen and could have fallen on anyone at any time with life threatening consequences.”

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Paper-milling company fined after employee’s head was trapped in a machine

A paper-milling company has been fined after an employee suffered life changing injuries resulting in a nine-hour operation in hospital for facial reconstruction.

North Somerset Magistrates’ Court heard that, on 16 March 2017, an employee of De La Rue International Limited was helping colleagues to remove paper from the machine by standing in the gap between the size press and the after-dryer section of the machine in Bathford Paper Mill in Bathford, Bath. After a fixed guard was opened, the employee expected the spar drum to come towards him (clockwise), however, by the time he realised the cylinder was turning in the opposite direction (anti-clockwise), the spar drum had turned and his head became trapped between a spar and the base of the fixed guard.

An investigation by the Health and Safety Executive (HSE) found that De La Rue International Limited had not provided a safe system of work for the removal of broken paper from the after-dryer section of the paper-making machine when the machinery was operated in reverse.

De La Rue International Limited of Bathford, Bath pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974. The company has been fined £300,000 and ordered to pay costs of £11,191.70.

Speaking after the hearing, HSE inspector Tania Nickson said: “Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of working.

“If a suitable safe system of work had been in place prior to the incident, the life changing injuries sustained by the employee could have been prevented.”

[cdmscotland]

Electricity power station company fined after contractors injured

An electricity power station company was prosecuted after three contractors were injured by a sudden release of water and sludge while carrying out maintenance work at a Cheshire power station.

Manchester Magistrates’ Court heard that, on 18 January 2018, three workers contracted by Keadby Generation Limited, were removing a recirculation pump for maintenance in the Flue Gas Desulphurisation area of Fiddlers Ferry Power Station in Warrington. Approximately 38.5 metres cubed of diluted slurry and associated stored energy was released while the pump was being removed, resulting in the contractors being knocked off the concrete plinth where they had been working. The trio sustained multiple fracture injuries.

An investigation by the Health and Safety Executive (HSE) found that the pressurised contents of the pump and associated pipework had not been discharged prior to work commencing due to the drain pipe being blocked. This resulted in the release of stored energy during the removal of the pump instead of during the isolation process. Keadby Generation Ltd had failed to undertake a suitable and sufficient assessment of the hazards and risks associated with the work and had not implemented a safe system of work.

Keadby Generation Limited, of Keadby Power Station, Trentside, Keadby, Scunthorpe, pleaded guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £200,000 with costs of £7163.20.

Speaking after the hearing, HSE inspector Jane Carroll said: “This incident could so easily have been avoided if the company had identified and managed the risks involved and put a safe system of work in place.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”