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Managing Director Sentenced Following Gas Explosion

Emma — Fri, 17 Feb 2012 10:06:12 +0000

The managing director of a St Helens gas supply firm has appeared in court after he and an employee suffered multiple burns in an explosion.

John Webster was prosecuted by the Health and Safety Executive (HSE) after he and another worker received burns to their faces, hands and legs at North West Gases Ltd. A third employee sustained minor injuries in the explosion, which lifted the roof off the building on Alma Street in St Helens.

Liverpool Crown Court heard that Mr Webster, 55, and another worker, who has asked not to be named, had been attempting to remove the valve on an LPG (liquefied petroleum gas) cylinder on 10 April 2008.

The HSE investigation found Mr Webster, whose company provides LPG for a range of uses including powering forklift trucks, had failed to ensure the cylinder was empty and there was no ignition source present before starting work.

Subsequently, gas escaped from the cylinder and ignited. The resulting fire and explosion set Mr Webster’s clothing on fire and his employee was thrown across the building.

Both men were treated in a specialist burns unit and the employee suffered post-traumatic stress disorder. A third man who was working outside the workshop also suffered minor injuries.

John Webster was found guilty of a breach of the Health and Safety at Work etc Act 1974 by failing to take reasonable care of himself and his employees, following a trial at Liverpool Crown Court. Mr Webster, of Archer Grove in St Helens, was fined £22,500 and ordered to pay prosecution costs of £2,500 on 13 February 2012.

Speaking after the hearing, HSE Inspector Warren Pennington said:

“Mr Webster’s failure to carry out even the most basic of safety checks led to what was an entirely preventable incident.

“He failed to ensure that the cylinder was empty and didn’t check for any potential sources of ignition in the building, any of which could have caused this explosion.

“In this case, the fact that no one was killed was simply down to luck.”

Information on the safe use of LPG is available at www.hse.gov.uk/gas.

Cleaners Hand Crushed

Emma — Fri, 20 Jan 2012 15:15:29 +0000

Two Norfolk companies have been fined after a cleaner’s hand was crushed in machinery.

Richard Beane, 34, from Watton in Norfolk was working as a cleaner for SGA House Services Limited which was contracted by Watton Produce Company Limited to work at their Attleborough vegetable packing plant.

Today, Norwich Magistrates’ Court heard that on the 8 October 2010, Mr Beane was cleaning the underside of a conveyor belt on a carrot processing line when his left hand became trapped between two conveyor belts and was crushed.

Mr Beane’s hand was severely damaged, and required extensive surgery and skin grafts. He was off work for nine months and has been left with only 45% use of his damaged hand.

A Health and Safety Executive (HSE) investigation found that Watton Produce Company Limited failed to protect the safety of their employees and contracted staff by not preventing access to dangerous parts of machinery. SGA House Services did not provide sufficient and suitable information, instruction, training and supervision to their employees, particularly in relation to the correct cleaning method of the moving belts on the underside of the conveyor.

HSE Inspector Paul Unwin said:

“Mr Beane suffered an awful injury to his left hand which left him unable to use it for months. This was debilitating and traumatic. A simple guard on the conveyor belt as well as basic instruction and training on how to clean the equipment without being put at risk would have protected his hand from being dragged into the machinery. Organisations have a duty to protect their own workforce as well as contracted staff working on their premises.

“HSE will not hesitate to prosecute those who break the law in this way.”

Watton Produce Company Limited of Hargham Road, Shropham, Attleborough pleaded guilty to Regulation 11 of the provision and use of Work Equipment Regulations 1988 and were fined £6,000 with costs of £7,402.

SGA House services Limited of Unit 1, Empire building, Trafalgar industrial Estate, Sovereign Way, Downham Market pleaded guilty to Section 2 (1) of the Health and Safety at work etc. Act 1974 and were fined £2,000 with costs of £2,467.

Illegal gas work puts lives at risk

Emma — Tue, 10 Jan 2012 10:35:00 +0000

A Milton Keynes plumber who put a householder at risk by illegally installing and working on a gas boiler has been sentenced.

Trading as C&H Services, Christopher Johnson, 45, of 2 Bogart Place, installed a new gas boiler in the kitchen of a residential property in Fairfield Road, Dunstable in April 2010.He was called back to the house in October 2010 as the resident reported a banging sound coming from the appliance. Mr Johnson determined that the boiler needed a new part. He left the appliance with its casing off but still connected to the gas supply.

After Mr Johnson’s visit, the resident contacted the boiler manufacturer which classified it as “immediately dangerous” and disconnected the gas supply to prevent it being used.

An engineer from Gas Safe also inspected the work and confirmed the existence of immediately dangerous defects which posed a significant risk to people in the house. Gas Safe found the boiler and flue were not compatible and the boiler casing had not been replaced resulting in the seal between the boiler and the kitchen becoming ineffective.

Both defects could have resulted in potentially lethal carbon monoxide escaping. The investigation also found that Mr Johnson was not registered with Gas Safe and so was working illegally.

At Luton & South Bedfordshire Magistrates’ Court today, Mr Johnson pleaded guilty to breaching Regulations 3(1) and 3(3) of the Gas Safety (Installation & Use) Regulations 1998. Along with a three month community order, he was ordered to pay £475 costs.

HSE Inspector Stephen Manley said:

“It is against the law for anyone who is not registered with Gas Safe to carry out work on a gas appliance – and for good reason. When unqualified people try to bypass the law in this way they are not only putting themselves at risk of prosecution, and potentially a large fine or a spell in prison – they are also putting their customers’ lives at risk.

“Working with gas appliances is difficult, specialised and potentially very dangerous. Only engineers who are qualified and registered should attempt it.

“HSE will not hesitate to prosecute those who break the law in this way.”

Paul Johnston, Chief Executive of Gas Safe Register added:

“If you’re employing an engineer to fit, fix or service gas appliances, you should always make sure that person is Gas Safe registered. If they say they are, don’t just take their word for it. Check they are on the Gas Safe Register and check their ID card when they arrive at your door.

“You shouldn’t take any risks, badly fitted and poorly serviced gas appliances can cause fires, explosions, gas leaks and carbon monoxide poisoning.”

CRANE CRUSH – Manchester worker paralysed

Emma — Tue, 10 Jan 2012 10:24:56 +0000

A scaffolder from Manchester will never walk again after being crushed by metal tubes which fell from a crane.

David Collins, a 31-year-old father of two who worked for Bury firm Spectra Scaffolding, suffered severe injuries to his head, back and leg and is now paraplegic.

The Health and Safety Executive (HSE) prosecuted Spectra Scaffolding following the incident on 7 November 2008 at Festival Park, Hanley, Stoke-on-Trent, where refurbishment to retail premises was being undertaken.

Stoke-on-Trent Crown Court heard how Mr Collins was unloading 21ft long scaffolding tubes from the back of a truck using a vehicle-mounted crane.

As he stood under the load operating the crane controls, one of the lifting slings detached from the crane hook, causing the metal tubes, which weighed nearly one and a half tonnes, to fall onto him.

HSE’s investigation into the incident found Mr Collins had not been properly trained or supervised and Spectra Scaffolding had failed to plan the work adequately.

The court also heard that a safety catch on the crane hook was faulty, which led to the scaffolding tubes falling. Although the company had known about this for some time before the incident, no action was taken to replace the catch and Mr Collins had not been trained to realise its importance.

HSE inspector Mr Lindsay Hope said after the hearing:

“As a result of this incident Mr Collins has been severely disabled and could easily have been killed.

“Companies that operate lorry-mounted cranes must ensure their operators undertake appropriate, recognised training in all aspects. Operators of lorry-mounted cranes must be competent to use the equipment properly and plan safe lifting in variable site conditions.

“In this instance, the lift wasn’t properly planned or supervised and Mr Collins hadn’t been sufficiently trained in how to use the crane and slings properly.

“Furthermore, the equipment had not been properly maintained and should never have been used.”

Spectra Scaffolding, of Warth Road Industrial Estate, Bury, pleaded guilty to breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998 and Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £40,000 and ordered to pay £45,000 costs.

Nottinghamshire Company Fined after Worker Breaks Neck

Emma — Fri, 23 Dec 2011 09:44:49 +0000

An East Midlands sign company has been fined after a worker fractured his neck falling from a vehicle-mounted lift.

The 44-year-old City and County Signs Ltd employee from Hucknall, Nottinghamshire, was using the lift to remove a sign from a commercial property in Hucknall High Street when the incident happened.
Southern Derbyshire Magistrates’ Court heard the worker was standing in the basket but as it elevated one of two levelling rods that keep the basket horizontal at all times broke, causing the basket to tip backwards.
The man, who does not want to be named, fell around 1.5 metres and suffered minor injuries in addition to breaking his neck. He was in hospital for six days following the 5 November 2009 incident and when discharged was initially unable to drive or undertake routine tasks. He was off work for nine weeks.
A Health and Safety Executive (HSE) investigation found City and County Signs Ltd had failed to ensure the vehicle-mounted lift was thoroughly examined in the six months before the incident, as required by law.
City and County Signs Ltd, of Market Place, Bingham, Nottinghamshire, pleaded guilty to breaching Regulation 9(3)(a)(i) of the Lifting Operations and Lifting Equipment Regulations 1998. The company was today fined £10,000 and ordered to pay costs of £8,032.
After the hearing HSE inspector Lorna Sherlock said:
“There is a legal requirement for all employers who use lifting equipment to ensure they have it thoroughly examined by a competent person every six months. Had the company done this the cracks in the levelling rod would have been identified and repaired and this incident avoided. Instead, a worker suffered some nasty injuries which could have easily been much worse.”

Firms Fined £100k over Forklift Death at Macclesfield Factory

Emma — Fri, 09 Dec 2011 16:02:38 +0000

Two companies have been fined a total of £100,000 following the death of a maintenance worker who fell from the forks of a forklift truck at a Macclesfield factory.
Martin Denton, 60, was being lifted in a metal container, known as a stillage, on 10 June 2006 when it slipped off and he fell approximately four metres to the concrete floor below. The father-of-three from Rotherham died in hospital later that day from head injuries.

Millennium Rubber International Ltd and United Crane Services Ltd were both prosecuted by the Health and Safety Executive (HSE) following the incident at Millennium Rubber’s factory at Nab Works, Long Lane, Pott Shrigley.

Chester Crown Court was told United Crane Services had been hired to repair an overhead crane at the factory but had allowed Mr Denton to be lifted in a container designed for materials rather than people.

The HSE investigation found that it had been standard practice for Millennium Rubber to use containers and pallets on forklift trucks to lift workers, despite neither being designed, nor safe, for that purpose.

Mr Denton’s widow, Kitty, said:

“The day Martin was killed was the worst day of our lives, sending shock through the family. After five years we still feel the hurt every day, and it doesn’t get any easier.

“Martin went to work that morning a fit and healthy, loving family man, and didn’t come home to us. Life without him is very different and very difficult. Everyday life will never be the same.

“His death has left a massive hole in not only my life, but that of his three grown-up children and eight grandchildren, and the rest of our family and friends.

“We feel really let down by the companies he was working for. The accident should never have happened and we wouldn’t want anyone else to go through what we are going through.”

Millennium Rubber, which produces rubber surfaces for running tracks and children’s playgrounds, admitted two breaches of the Health and Safety at Work etc Act 1974 by putting workers’ safety at risk. It was fined £90,000 and ordered to pay £21,411 in prosecution costs in a sentencing hearing a Warrington Crown Court on 9 December 2011.

United Crane Services, of Claywheels Lane in Sheffield, also pleaded guilty to one breach of the same act for failing to ensure the safety of its employee, Mr Denton. It was fined £10,000 with costs of £5,000.

HSE Principal Inspector Tanya Stewart added:

“Mr Denton died because neither company followed basic health and safety procedures for working at height. He should never have been expected to stand in a metal stillage, balanced dangerously on the forks of a forklift truck.

“The companies simply did not consider the risks Mr Denton might face if he carried out the repair work to the overhead crane in this way. They should have made sure a safe system for the work was in place before allowing him to start.

“It’s disgraceful that the practice of lifting workers on forklift trucks had taken place on many other occasions. Sadly, it was therefore almost inevitable that someone would be seriously injured or killed.”

A total of 27 workers were killed and more than 3,800 suffered major injuries in the manufacturing industry in Great Britain in 2010/11. Information on preventing injuries is available at www.hse.gov.uk/manufacturing.

Wakefield Builder Fined for Dangerous Gas Work

Emma — Fri, 09 Dec 2011 09:54:18 +0000

A Batley family was put in danger after a local builder carried out defective gas fitting work while constructing an extension to their home, a court has been told.
Nigel Parker of Tingley, Wakefield, illegally modified the flue of a gas combi-boiler, extended pipework and moved the bayonet fitting for a gas cooker. He also left a gas meter unsafely perched on a plank above trenches that had been dug for the extension.

The Health and Safety Executive (HSE), which brought the prosecution, told Dewsbury Magistrates that the self-employed builder was hired to build the extension to the semi-detached property in Batley and started work at the end of September 2009.

During excavations, the incoming gas main was cut through. The gas authorities were called and they repaired the pipe but disconnected the supply as the gas meter had been left supported dangerously by just a wooden board spanning the excavations for the building’s footings.

Mr Parker later used the wrong type of parts, did not tighten joints enough and used duct tape to hold things in place.

The offences came to light a few months later when the boiler broke down and the householder called out a properly registered gas engineer to repair it. He immediately spotted the dangers and disconnected the boiler. He reported what he had found to the Gas Safe Register and one of their inspectors visited and declared the boiler flue modification to be ‘immediately dangerous’.

HSE Inspector John Micklethwaite, who investigated, said:

“Mr Parker was fully aware of the legal requirement that gas fitting work should only be carried out by a registered Gas Safe engineer yet he undertook the fitting work himself and left a family exposed to danger.

“The family has been badly affected by this experience but the outcome could have been much more serious if carbon monoxide had leaked into the house from the defective flue. Their safety was at risk, their lives were disrupted for some weeks during winter when the gas supply was cut off and they have suffered financially because of the need to get remedial work carried out.

“This case should serve as a lesson to any builder who is tempted to undertake gas work when not qualified and not registered. With the onset of winter, demand for heating repairs and maintenance goes up and householders should be extra vigilant in checking that any gas work is carried out only by registered engineers.”

Paul Johnston, chief executive of Gas Safe Register, said:

“This highlights the importance of always using a suitably qualified and competent Gas Safe registered engineer to carry out any work on gas appliances or installations. Not only could illegal work put you or your family at risk of CO poisoning there can also be a financial cost in having work put right.”

Nigel Parker of Haigh Moor Road, Tingley, who traded as Tingley Joinery and Building Services, pleaded guilty to three breaches of the Gas Safety (Installation & Use) Regulations 1998 between 1 October 2009 and 20 April 2010, and a further breach on or before 9 October 2009. He was fined a total of £5,000 with £1,620 costs.

Warwickshire County Council fined for man’s injuries

Emma — Wed, 07 Dec 2011 10:08:23 +0000

Warwickshire County Council has been prosecuted by the Health and Safety Executive after a self-employed heating contractor lost most of two fingers in poorly guarded machinery.

John Shields, 64, who traded as Shieldson Heating and was a nominated heating contractor at the Council’s Headquarters at Shire Hall, Warwick, was checking a heating pump in the basement plant room on 4 October 2009 when his hand was pulled into the running belts of a hot water pump.
Two of his fingers were amputated below the first knuckle as a result, leaving him with a permanent tingling and stinging sensation in his hand. He still needs to take medication for the pain, which is exacerbated by cold weather. He has been unable to return to work and has difficulty carrying out a number of everyday tasks.
A Health and Safety Executive (HSE) investigation into the incident found that the back of the machine was not adequately guarded to the legal requirements, exposing dangerous moving parts.
Nuneaton Magistrates’ Court heard that Mr Shields, whom the council had employed as the main heating contractor for the building for more than a decade before the incident, believed the pump was not running.
Warwickshire County Council, based at Shire Hall, Warwick, pleaded guilty today to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. The council was fined £7,000 and ordered to pay £5,235 costs.
HSE Inspector Paul Thompson said:
“Anyone, being an employer or in control of work equipment, must ensure that dangerous parts of machinery are adequately guarded and it is unacceptable that Warwickshire County Council failed to do this.
“As a result, Mr Shields has unfortunately suffered serious injuries which have had a permanent effect on him – in an incident that should have been easily avoided if the necessary steps had been taken by the council.”

Companies Fined after Arsenal Stadium Injury

Emma — Mon, 05 Dec 2011 15:18:45 +0000

Three construction companies were fined after a worker helping build Arsenal’s Ashburton Grove stadium was injured so badly, his leg had to be amputated.
A dumper truck drove over the right leg of Michael O’Donovan, 41, from Bromley, while he was kneeling to clean steel ‘shuttering’ used to form reinforced structures and pillars.
His injuries were so severe his leg required amputation above the knee. His pelvis was also fractured in the incident on 30 June 2005.
Principal contractor Sir Robert McAlpine Limited and sub-contractors McNicholas Plc (now Skanska Utilities Ltd) and Maylim Limited were all prosecuted by the Health and Safety Executive (HSE) over the incident.
The City of London Magistrates’ Court heard the HSE investigation showed all three companies had failed to ensure vehicles and pedestrians were properly segregated on site.
It also found the cleaning of shuttering was neither properly planned nor carried out safely.
Following the hearing HSE inspector Loraine Charles said:
“Traffic needs to be managed effectively on all construction sites. Had proper controls been in place, this appalling incident would never have happened. As it is, Michael O’Donovan has suffered a severe injury and his life has been changed forever.
“At construction sites, workers and vehicles need to be separated wherever reasonably practicable. There was no demarcation between the route the dumper took and areas where people could work or were working on this site.
“None of these three companies had carried out a meaningful assessment of the risk to workers of being struck by plant in general and the dumper in particular.”
Sir Robert McAlpine Limited, of Maylands Avenue, Hemel Hempstead, admitted breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £19,000 and ordered to pay costs of £10,000.
Sub-contractor Skanska Utilities Limited, of Denham Way, Maple Cross, Rickmansworth, admitted breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £17,000 and ordered to pay costs of £10,000.
Maylim Limited, of Evans Avenue, Watford – sub-contracted by McNicholas Plc to undertake the work on the South Bridge area of the site – pleaded guilty to the same breach and was fined £18,000 and ordered to pay costs of £10,000.

Firms in Court over Liverpool Highways Workers Fatal Fall

Emma — Fri, 02 Dec 2011 14:20:48 +0000

Two construction companies have been fined a total of £60,000 following the death of a worker who fell from a cherry picker on a dual carriageway in Liverpool.

The Health and Safety Executive (HSE) prosecuted Amey Infrastructure Services Ltd and Mouchel Parkman Services Ltd following the incident on the A5036 Princess Way in Seaforth on 20 August 2006.
Liverpool Crown Court heard that Peter Cole, from Lymm in Cheshire, had been replacing the lights on the central reservation when the cherry picker’s lifting arm collapsed.
The 61-year-old, who was married with three children and three grandchildren, fell nearly eight metres and landed on the back of the vehicle. He died from his injuries in hospital later that day.
The court was told Mr Cole was employed by Amey Infrastructure Services Ltd, part of the Amey Mouchel joint venture with Mouchel Parkman Services Ltd.
The HSE investigation found neither company had adequate systems for checking and maintaining the cherry picker, both when it was first delivered or throughout the hire period.
The cherry picker needed to be repaired on several occasions while it was on hire to the companies, and had been subjected to heavy use in all weather conditions for almost a decade.
Speaking after the hearing, Mr Cole’s brother, Len, 71, from Lydiate in Merseyside, said:
“His death has destroyed the lives of his whole family. Peter and I were totally different characters but we got on great together. He was my closest friend as well as my brother.
“We both loved the countryside and used to go shooting together. We also met up to go to car boot sales and antiques fares. I just miss the banter there used to be between us.
“Everyone had a good word for Peter and he was well respected and liked. He was a decent man and would have trusted that the cherry picker was safe when he climbed into it.
“It’s unbelievable that it wasn’t regularly checked and tested, and instead was just put out into use. It happened to be him in that cherry picker on that day but it could have been anyone. We all miss him so much.”
The investigating inspector at HSE, Dave Guyers, added:
“Both companies had a legal duty to ensure Mr Cole remained safe but their checking and maintenance systems were inadequate and thus allowed him to use a cherry picker that was in a poor condition.
“Heavy usage and a regular repair record demand that checking and maintenance procedures are carried out thoroughly. This is vital with cherry pickers which place users at great risk when working at height.
“All companies must have effective checking and maintenance systems in place and act upon the findings from them. Ageing machinery should be maintained properly and responsibly – not doing so increases the likelihood of this sort of incident.”
Amey Infrastructure pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of its employees. The company, of Edmund Halley Road, Oxford, was fined £30,000 and ordered to pay £32,500 in prosecution costs on 1 December.
Mouchel Parkman, also of Edmund Halley Road, Oxford, pleaded guilty to breaching Section 3(1) of the same act for failing to ensure Mr Cole’s safety. The company was fined £30,000 with costs of £32,500.
Last year (2010/11), 38 people are killed in Great Britain as a result of a fall and more than 4,000 suffered major injuries.