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RECENT ENFORCEMENT ACTIVITY ++
Read details of some recent HSE prosecutions and enforcement action in the
construction sector and find sources of relevant advice.
Work at height
23 November 2009 - HSE prosecuted Mark Wilson, trading as MWS Scaffolding Services,
in Hemel Hempstead, Hertfordshire, after uncovering breaches of health and safety
law on a site in Waltham Forest, north east London.
Mr Wilson was fined £5,000 and ordered to pay costs of £2,566.80 after pleading
guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
On 21 November 2008 a scaffolding employee, working under the direct supervision and
instruction of Mr Wilson, was attempting to fix scaffolding when he fell through an
unprotected fragile roof light and landed more than 10 metres below in an open
store. The employee suffered a broken leg, cuts and was unable to work for more than
three months.
http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=408833&SubjectId=16&AdvancedSearch=true
Further information
Working at height - http://www.hse.gov.uk/falls/index.htm?ebul=cons/nov09&cr=8
Work at height solutions -
http://webcommunities.hse.gov.uk/inovem/inovem.ti/workheight/view?objectId=14419?ebul=cons/nov09&cr=9
Scaffolding
23 November 2009 - Two construction firms involved in a major scaffolding collapse
at Milton Keynes were fined £126,000 for their role in the incident which left one
man dead and two others seriously injured.
McAleer & Rushe Limited of Cookstown, N.Ireland was fined £90,000 and ordered to pay
costs of £42,000. The cladder on the site, Lee Smith Carpentry Limited of Romsey,
Hampshire was fined £36,000 and ordered to pay costs of £28,000.
The court heard that a combination of failures led to the scaffolding collapse. The
scaffolding was not strong or stable enough for the work being carried out.
Inspection of the scaffold was also inadequate, despite specific instructions from
HSE and McAleer's health and safety manager.
http://www.hse.gov.uk/press/2009/coie10009.htm?ebul=cons/nov09&cr=10
25 November 2009 - An eagle-eyed safety inspector was lied to after he stopped to
investigate unsafe scaffolding he was driving past, a court heard.
HSE inspector Steve Woods was driving past the Coach & Horses Inn in Billinghay,
Lincolnshire, on 11 June 2008 when he saw three employees of Bracknell Roofing Co
Ltd using an unsafe tower scaffold to repair a flat roof.
The roof and tower scaffold had no edge protection, inadequate boarding which was
not properly attached and it was propped up on bricks and blocks. A manager had
visited the site and allowed work to continue only 45 minutes before Mr Woods
arrived and found dangerous safety defects.
Bracknell Roofing Co Ltd, of Sevenoaks, Kent, was fined £8,000 and ordered to pay
full costs of £2572.80 after pleading guilty to breaching Regulations 4(1) and 8b(1)
of the Work at Height Regulations 2005.
http://www.hse.gov.uk/press/2009/coiem9509.htm?ebul=cons/nov09&cr=11
Further information
Scaffold checklist -
http://www.hse.gov.uk/construction/scaffoldinginfo.htm?ebul=cons/nov09&cr=12
Asbestos
28 October 2009 - Two businesses and a company director have been fined after
workers in Manchester were exposed to potentially deadly asbestos fibres.
Recon Packaging Ltd, of Ashton-under-Lyne, pleaded guilty to breaching Regulation
4(3) of the Control of Asbestos at Work Regulations 2002 and was fined £3,000 and
ordered to pay costs of £5,000.
Industrial & Commercial Building Services Ltd (ICBS) of Stockport and its Managing
Director, Kevin Bennett, pleaded guilty to breaching Section 2(1) of the Health and
Safety at Work etc Act 1974, and Regulation 3(1) of the Asbestos Licensing
Regulations 1983. They were each fined £2,000.
The court heard that ICBS employees came into contact with asbestos while
demolishing part of the Recon Packaging recycling plant on Bower Street in Miles
Platting in early 2006.
http://www.hse.gov.uk/press/2009/coinw032recon09.htm?ebul=cons/nov09&cr=13
11 November 2009 - Edinburgh Council has been fined £14,000 after 14 of its
employees, were potentially exposed to asbestos while carrying out refurbishment
work.
The workers, including joiners, had been instructed to remove laboratory doors from
Castlebrae Community High School back in April 2007 and carry out alterations at the
council's workshop on Murrayburn Road. This involved cutting the doors which
disturbed the asbestos core inside.
The council pleaded guilty at Edinburgh Sheriff Court of breaching the Control of
Asbestos Regulations 2006, Regulations 4(9)(c)(i), 6(1), 11(1)(a) and 7(1).
The court heard how the council had failed to keep accurate records of the location
and condition of asbestos and did not have suitable procedures in place to inform
those working on or near the substance that it was there.
http://www.hse.gov.uk/press/2009/coisco17709.htm?ebul=cons/nov09&cr=14
Further Information
http://www.hse.gov.uk/asbestos/index.htm?ebul=cons/nov09&cr=15
http://www.hse.gov.uk/asbestos/hiddenkiller/index.htm?ebul=cons/nov09&cr=16
H&S management
27 October 2009 - A London-based plumber has been fined following the death of a
labourer in Essex.
HSE brought the case after Ajet Krasniqi, 24, died when he was hit on the head by a
reinforced steel joist in Buckhurst Hill, Essex.
His employer, Leonard Gibson of London, was fined £10,000 and was also ordered to
pay £3,230 costs. Mr Gibson, a plumber and sole trader, had already pleaded guilty
on 22 September 2009 to a breach of Section 2(1) of the Health and Safety at Work
etc. Act 1974.
Mr Krasniqi had been employed by Mr Gibson as a labourer to help with the complete
refurbishment of a domestic property. On 24 October 2006, he was helping to lift a
reinforced steel joist with four others when it fell and struck him on the head.
Although Mr Krasniqi was taken to hospital he was pronounced dead on arrival.
http://www.hse.gov.uk/press/2009/coie29.htm?ebul=cons/nov09&cr=17
12 November 2009 - A construction company in Leigh has been ordered to pay £11,517
after one of its workers was seriously injured when a wall collapsed on him in
Wigan.
Hughes Brothers Building & Joinery Ltd pleaded guilty to a charge under Section
2(1) of the Health and Safety at Work etc Act. It was fined £8,000 and ordered to
pay costs of £3,517.
The court heard that the worker - Scott Hutchinson of Golborne - was helping to
demolish offices at the site on 15 July 2008 when a wall collapsed on him. He
suffered multiple injuries including fractures to his left leg, collar bone and arm,
and injuries to the vertebrae in his upper and lower back and is has yet to return
to work..
http://www.hse.gov.uk/press/2009/coinw04309.htm?ebul=cons/nov09&cr=18
13 November 2009 - A London property developer and landlord was fined £10,000 after
workers on two of his developments were put at risk.
HSE prosecuted Lahrie Mohamed of South Woodford, London, after uncovering breaches
of health and safety law on two sites in Waltham Forest, north east London.
Mr Mohamed was fined £10,000 and ordered to pay costs of £4,103 after pleading
guilty to breaching regulations 4(1)(a) and 9(1)(a) of the Construction (Design &
Management) Regulations for offences committed at 78-80 Spruce Hills Road and
breaching regulations 9(1)(a) and 4(1)(a)of the Construction (Design & Management)
Regulations 2007 for offences committed at 67-67a Chingford Mount Road.
The court heard how Mr Mohammed failed on both sites to appoint a competent
contractor and failed to take reasonable steps to ensure that proper arrangements
were in place for work to be managed safely - putting workers and neighbours at
risk.
http://www.hse.gov.uk/press/2009/coildn0211.htm?ebul=cons/nov09&cr=19
Further Information
CDM Regulations - http://www.hse.gov.uk/construction/cdm.htm?ebul=cons/nov09&cr=20
Property development -
http://www.hse.gov.uk/construction/property-developer/index.htm?ebul=cons/nov09&cr=21
Risk management - http://www.hse.gov.uk/risk/index.htm?ebul=cons/nov09&cr=22
Two companies and a managing director have been fined a total of £170,000 after a 23-year old worker from Kettering fell more than nine metres, leaving him paralysed from the chest down.
The Health and Safety Executive (HSE) today prosecuted SDI Group UK Ltd of Main Street, Hardwick, Cambridge, Steel Construction Ltd of Bodmin Road, Coventry, and Richard Mark Berwick, the managing director of RM Berwick Steel Erection Services Ltd of Fairfield Road, Isham, Northamptonshire, after the incident on 8 February 2007 in Glossop, Derbyshire.
SDI Group UK Ltd pleaded guilty to breaching section 3(1) of the Health and Safety at Work Act 1974 and today at Lincoln Crown Court were fined £80,000 and ordered to pay costs of £20,000.
Steel Construction Ltd pleaded guilty to the same offence and were fined £50,000 and ordered to pay £22,000 costs.
Richard Mark Berwick pleaded guilty to breaching section 37 of the Health and Safety at Work etc Act 1974. He was fined £40,000 and ordered to pay costs of £5,000. He was also disqualified as a director for four years commencing today.
The court heard that Wayne Simpson, now 26, from Kettering, Northamptonshire, was working at a construction site off Waterside, Hadfield in Glossop on the day of the incident. He was installing a new racking system when he fell more than nine metres to the concrete floor below.
The incident has left Mr Simpson paralysed from the chest down and he is likely to use a wheelchair for the rest of his life.
Almost three years on, he relies on family and friends for assistance. He has not been able to return to work.
Following the hearing, HSE inspector Kevin Wilson said:
"It is unacceptable that a young man should suffer such life-changing injuries while just trying to do his job. Mr Simpson has been left with a long-term debilitating condition because the two companies and Richard Berwick failed to ensure his health and safety.
"Employers must understand the importance of protecting their workforce. Mr Simpson should have been provided with an appropriate safe system of work to protect against falls. This could have included personal fall protection, such as a harness and work restraint lanyard fitted to a running line, and properly fitted safety nets.
"Companies should adequately plan for working at height and ensure fall protection and mitigation measures are in place so incidents like this do not happen."
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