april 2017 two construction companies fined after worker ... · april 2017 two construction...

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April 2017

Two construction companies fined after worker suffers severe electric shock from overhead power line

BAM Construction Limited and Shoreland Projects Limited

have been fined after a man suffered multiple life changing

injuries including severe burns to his neck.

Winchester Crown Court heard how BAM Construction Ltd had

been appointed by Network Rail to construct a new railway

operating centre in Basingstoke.

BAM later appointed Shoreland Projects Ltd as the

groundworks contractor for this project.

On 26 January 2015, when work began to install lampposts on

the site entrance road, the fifth lamp post touched the 11kV

overhead power lines when it was being lifted into position by

an excavator, causing Mark Bradley to suffer his injuries. A

colleague rushed to Mark’s aid, using a piece of timber to push

him away from the lamp column.

An investigation by the Health and Safety Executive (HSE)

found a failure to properly identify the presence of the

overhead power lines and appropriately plan this work

activity. No suitable control measures were in place to

prevent contact with the overhead power lines. A number of

workers were put at risk, including Mr Bradley.

BAM Construction Limited pleaded guilty to breaching

Regulation 14 of the Electricity at Work Regulations 1989. The

company has been fined £260,000 and ordered to pay costs of

£9415.13.

Shoreland Projects Limited of Woodhouse Lane, Botley also

pleaded guilty to contravening Regulation 14 of the Electricity

at Work Regulations 1989, has been fined £22,000 and

ordered to pay costs of £8442.53.

Speaking after the case HSE inspector William Christie said:

“While this entirely preventable incident has had a permanent

and very substantial effect on Mark’s life, his very serious

injuries could have been even worse had it not been for the

quick thinking of his colleague.

“This case highlights the importance for all work to be planned

properly by all duty holders. Overhead power lines pose a

significant threat to the safety of workers. Construction work

in the vicinity of live conductors must be properly planned,

managed and monitored to ensure the risks are controlled.”


April 2017

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April 2017

Roofing contractors sentenced over unsafe roof work

Two roofing contractors have been sentenced after putting

their workers at risk of harm during roof replacement works in

Oldham.

MKM Fabrications Ltd had been employed as the principal

contractor to carry out a roof replacement on one of the

buildings at Valley Mills, Millgate, Delph, Oldham which is

currently used for textile production.

The company subcontracted part of the project, which

involved replacing a northern light roof structure with a

modern composite roof, to Clad-It Limited, which effectively

meant employees from two companies were alongside one

another.

Concerns were raised to the Health and Safety Executive (HSE)

claiming that men were working on the roof with nothing in

place to prevent them falling off the edge or through the roof

onto mill workers below.

The subsequent HSE investigation confirmed hazardous

working conditions were in place, with workers from both

MKM and Clad-It at risk. Inspectors also established that these

working practices continued during snowy weather.

The roof was covered in fragile skylights which had not been

covered to prevent any person stepping onto them and falling

through, nor were any measures taken to prevent a worker

falling through the large gap created after the skylight had

been removed. Mill employees were also at risk from being hit

by falling tools or debris.

Prohibition Notices were

served stopping the works

until a safe method could be

found and put into place.

As principal contractor for

the works, MKM Fabrications

had the primary

responsibility for the health

and safety of workers. MKM

failed to effectively plan the

safe completion of the

project and failed to put in

place measures to prevent

anyone falling from the

unguarded sections of the

roof.

MKM Fabrications pleaded

guilty at Manchester

Magistrates’ Court to

breaching Sections 2(1) and 3(1) of the Health and Safety at

Work etc Act 1974 and was fined £66,000 with £3938.38 costs.

As subcontractor for the works Clad-It had a duty to protect its

own workers as well as anyone affected by its works. By

allowing its employees onto site without a suitable and

sufficient planning being in place, or any physical safeguards to

prevent a fall from height, the company exposed its own

workers to those risks.

Clad-It Limited pleaded guilty at Manchester Crown Court to

breaching Sections 2(1) and 3(1) of the Health and Safety at

Work etc Act 1974 and was fined £66,000 with £3938.38 costs.

HSE inspector Matt Greenly said after the case: “MKM and

Clad-It failed in their duties to protect the roof workers and

anyone working below them in the mill from a foreseeable risk

of serious harm.

“The risks to workers here were obvious, and neither company

thought it necessary to manage the work at height risks

properly.”


April 2017

Fine after worker fatally crushed

CMF Ltd has been fined after 31-year-old sub-contractor

Richard Laco died when working on large construction project

in London.

Southwark Crown Court heard that Richard had been

contracted by CMF to work on the Frances Crick Institute

project. He was fatally crushed on 6 November 2013 by a

concrete staircase that was in the process of being installed.


found there was no safe system of work in place for the

installation of the staircases throughout this project. It was

also found the company failed to appropriately supervise this

work activity.

CMF Ltd pleaded guilty to breaching Section 3 (1) of the Health

and Safety at Work Act 1974, and has been fined £185,000 and

ordered to pay costs of £20,606.14.

South West Water has been sentenced following the death of

54-year-old Robert Geach.

Truro Crown Court heard Mr Geach, a catchment operator,

was working on the sand filtration unit of the Falmouth Waste

Water Treatment Works on 30 December 2013 when a

colleague discovered him face down in water. He died at the

scene having drowned.

Mr Geach was last seen working on the top of the unit several

hours before he was found by his colleague who was

responding to the lone worker system. An investigation by the

Health and Safety Executive (HSE) found the company failed to

identify the risk of drowning with the maintenance activity

which was undertaken by Mr Geach and his colleagues on a

regular basis.

South West Water Ltd of Peninsula House, Rydon Lane, Exeter

pleaded guilty of breaching Section 2 (1) of the Health and

Safety at Work Act 1974, was fined £1.8million and ordered to

pay costs of £41,607.71.

Speaking after the hearing HSE inspector Georgina Speake

said: “This tragic case could have been prevented if the

company had reduced the size of the hatch used to access the

sand filters, and properly considered the hazards of the

operation, including how close Mr Geach was to the water.

“Mr Geach was exposed to the risk of drowning which could

have been easily been controlled if the task had been properly

planned and simple measures adopted earlier which South

West Water failed to do so adequately.”

South West Water fined

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“Duty holders have the responsibility

of ensuring that safe and suitable

lifting plans are in place before

carrying out any work involved with

heavy loads.”

Stephen Farthing , HSE Inspector

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April 2017

£1m fine after a member of the public was struck by a vehicle

Nottinghamshire County Council has been sentenced after a

disabled member of the public was struck by a vehicle used for

collecting branches.

Nottingham Crown Court heard employees were working in

the County Park in Rufford Abbey on 1 June 2015, collecting

branches and transporting them, using a tractor mounted grab

attachment, to be burned.

At the same time a disabled man was on a guided walk in the

park. The worker using the tractor to transport branches

through the park could not see the member of public ahead

and collided with him. The 71-year-old man suffered serious

bruising and injuries to arms legs and head.


found the council failed to implement a safe system of work

for this activity in that they failed to segregate vehicle

movements from the public.

The council:

• Failed to train the workers to the required level to operate

the mounted grab and act as banksman.

• The machine was not suitable for transporting materials

long distances.

• The organisation also failed to supervise and adequately

plan the work sufficiently in a public place

As a result put their own employees and members of the

public at risk.

Rufford Abbey in Nottinghamshire

Nottinghamshire County Council pleaded guilty of breaching

Sections 2 (1) and 3 (1) of the Health and Safety at Work Act

1974, and were fined £1million and ordered to pay costs of

£10269.85.

Speaking after the hearing HSE inspector Martin Giles said:

“The failure to properly plan this work and put in place straight

forward control measures not only put the gentleman at risk

but also endangered other members of the public walking with

him.

“Duty holders have the responsibility to assess the work they

do in public areas to lower the risk of harm and injury,

particularly when they introduce new plant or

equipment.”,000 and ordered to pay prosecution costs of

£22,000.

PD Lift Services Limited has been fined £36,000 after a worker

lost his thumb while working on passenger lifts in north

London.

Westminster Magistrates Court heard how the worker was

replacing the lifts at Tufnell Park underground station. On

26th October 2015, while lowering and guiding weights down

the lift void, the load fell and amputated his thumb.


found the lifting activity was not properly planned, or carried

out safely. All four employees of PD Lifts were also exposed to

serious work at height risks.

PD Lift Services Limited of Wimpole Street, London pleaded

guilty, was fined £36,000 and was ordered to pay full costs of

£1173.60, plus a victim surcharge of £120.

Fine after lifting operation accident

“This was a preventable incident which

happened as a direct result of the

failure of PD Lift Services Limited to

plan the lifting operation, or carry it

out safely.”

Sarah Robinson , HSE Inspector


April 2017

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£300k fine for safety failings

Window and door manufacturer Munster Joinery (UK) has

been fined after a member of staff was knocked out while

unloading a triple-glazed door at a construction site.

Oxford Crown Court heard that in October 2013 Michael

Jephcott was working as part of team at a housing site in

Fairmile. He was knocked unconscious by the triple glazed

unit when it hit him on the head, leaving him with whiplash

and headaches. He also required physiotherapy.


found there had been several previous injuries to Munster

site workers and the company had been warned by the

regulator and its own safety consultant. It was found that the

Munster had failed to properly investigate incidents and had

not ensured loads were secured safely.

Munster Joinery (UK) Ltd pleaded guilty to breaching the

Health and Safety at Work etc Act 1974. It was fined

£300,000 and ordered to pay costs of £18,424.98.

HSE inspector Dominic Goacher said: "Our investigation

found that workers at Munster were unable to follow a safe

system of work. There is no excuse for this level of

negligence when workers are required to handle heavy

products regularly.

"This case and the penalty awarded sends out a very strong

message. The aim should be to move heavy objects

mechanically wherever possible and to reduce the risk of

injuries by other means where some manual handling is still

required. Too many workers experience long term suffering

because of unsafe manual handling."

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April 2017

Fatality during lifting operation

Hague Construction Limited has been sentenced following the

death of Daniel Clifford Yeowell.

Lewes Crown Court heard Mr Yeowell was employed by Hague

as a ground worker and on 4 October 2013 he and his

colleagues were constructing and installing drainage boxes at a

site at Langley Green Primary School, Crawley, West Sussex.

Mr Yeowell was struck by a concrete drainage cover as he was

standing in the excavation area and later died as a result of his

severe head injuries.


found that Hague failed to properly plan this lifting operation

and also failed to supply workers with the safe and

appropriate equipment to carry the work. It was also found

the lifting chains used were too long for the work and were not

attached safely to the cover or the excavator.

Hague Construction Limited pleaded guilty to breaching

Section 2 (1) of the Health and Safety at Work Etc Act 1974

and has been fined £100,000 and ordered to pay costs of

£16,918.

Speaking after the hearing HSE inspector Andrew Cousins said:

“Our investigation was prompted in the most tragic of

circumstances. Hague Construction should have properly

planned the lifting operation regarding this work activity. If the

company had done so Mr Yeowell’s death could have been

avoided.”

A company that supplies bacon products to the catering

industry has been fined £366,666 after a worker’s hand was

crushed in a meat separating machine.

Coventry-based Beckett’s Foods has been fined at Coventry

Magistrates’ Court.

The court heard that on 11 May 2016, a 22 year old worker

was loading meat into the machine, when he fell and his hand

was drawn into it.

The worker suffered serious injuries to his hand, later requiring

surgery and skin grafts.

The HSE found that the company failed to implement a safe

system of work for separating the meat using this machinery,

and that it had failed to provide the appropriate level of

guarding to protect the workers.

Beckett’s Foods, of Aldermans Green, Coventry pleaded guilty

to breaching Sections 2 (1) and 33 (1) of the Health and Safety

at Work Act. As well as the fine, it was ordered to pay costs of

£10,978.

A second food manufacturer, SCLA Limited from Barking was

also fined after a worker suffered life changing hand injuries

while operating machinery.

Westminster Magistrates Court heard how on 17 December

2015 the worker was working to clear a blockage on one of the

noodle production lines when his index and middle fingers on

his right hand were severed by the machine.


found a number of failings. A risk assessment was in place but

was unsuitable and the company failed to ensure that the

guards on the machine being used provided the necessary

protection for the operators.

The company pleaded guilty to breaching Regulation 11 of the

Provision and Use of Work Equipment Regulations 1998, were

fined £30,000 and ordered to pay full costs.

Speaking after the hearing HSE inspector Nick Wright said:

“The consequences of not guarding dangerous machinery are

often catastrophic and life changing. This case demonstrates a

straightforward, systematic approach to assessing machinery

and ensuring that it is adequately guarded can play a

significant part in reducing the risk of injury.”

Two food manufacturing companies fined following hand injuries to workers

In both these incidents, the

organisations involved failed

to implement a safe system

of work and to conduct an

appropriate level of training.


April 2017

Gender differences in H&S guide

The TUC has

published a new

guide for trade union

representatives to

help them take

gender differences

between men and

women into account

when identifying

health and safety

concerns at work.

Gender in occupational health and safety says that historically

the health and safety needs of men in the workplace have

been prioritised over women. Risk prevention has focused on

visibly dangerous work – largely carried out by men – in

industries like construction and mining, with an assumption

that the kind of work that women do is safer.

However, the guidance argues that a gender-stereotyped or

‘one size fits all’ approach is now out-of-date.

Where the differences between men and women are taken

into account when assessing risk and deciding suitable risk

control solutions, there is a greater chance of ensuring that the

health, safety and welfare of all workers is protected, says the

TUC.

The guide can be accessed at:

https://www.tuc.org.uk/workplace-issues/health-and-safety/

new-tuc-guide-will-help-health-and-safety-reps-keep-both-

men-and

An engineer

suffered a fractured

spine after a gas pipe

fell into a trench he

was working in,

Maidstone Crown

Court heard.

Essex-based

Forefront Utilities

Limited has now

been found guilty of

health and safety

failings that led to

the accident at work.

The employee of the

specialist gas

infrastructure

company was

working in the trench in Rochester, Kent as he tried to connect

gas pipes. The new pipes had been resting on packing timber

across the trench. Their weight caused the tarmac underneath

to collapse, sending the pipes into the trench.

The blow fractured the man’s spine, paralysing him. He now

has no feeling in his bowel.

The way the company was jointing newly laid sections of pipe

to previously laid pipe was unsafe, according to an

investigation by the HSE into the incident.

Forefront Utilities Limited was found guilty of breaching

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

and was fined £200,000 and ordered to pay costs of £56,686.

HSE Inspector Andrew Cousins 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.”

Man paralysed after gas pipe falls on him

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April 2017

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Accredited online training courses at affordable prices £300,000 fine following leg injury

A Birmingham electrician has been ordered to carry out

unpaid work in the community after his trainee fell three

and a half metres through a plasterboard ceiling.

Birmingham Magistrates’ Court heard that the apprentice

spent 23 days in hospital after suffering head injuries. He

was installing wiring above a false ceiling.

A Health and Safety Executive (HSE) investigation found

there was no proper planning for work at height and

Alipour did not fulfil his duty of care.

Soheil Alipour pleaded guilty to breaching Work at Height

Regulations 9(2) 2005, was given 120 hours unpaid

Community work and ordered to pay full costs of £1152.24.

HSE Inspector Gareth Langston said: “It’s important that

employers put the safety of their workers, especially young

inexperienced apprentices, at the forefront of their plans

and consider precautions when working at height.”

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april 2017 two construction companies fined after worker ... · april 2017 two construction...

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