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1. HSE, IOSH, IIRSM etc Updates & News
1.1 Contractor fined after worker crushed by wall
A contractor was recently fined £7,000 for breaching health and safety law after a builder broke his back and ribs when a wall fell on him at a construction site in Forest Gate. Jason Lunnon, 41, from Barnet was seriously injured when he was struck by the falling concrete blocks on the site in Field Road, Newham.
The Health and Safety Executive (HSE) prosecuted the principal contractor, Keith Gardner, trading as K P Gardner Builders, for failing to ensure Mr Lunnon's safety on the site. He was also ordered to pay costs of £6,969.50.
On 26 March 2009, Mr Lunnon was working on the first floor of a partially-constructed block of flats. A wall, built on the third floor the previous day, had not been properly secured and a gust of wind blew it over, sending concrete blocks more than seven metres below on top of Mr Lunnon. Mr Lunnon fractured seven ribs, broke his back in four places, fractured his right hand and also suffered serious damage to his internal organs.
A Health and Safety Executive (HSE) investigation showed that Keith Gardner had failed to properly plan, manage and monitor work at the site. Keith Gardner of Cairns Avenue, Woodford Green, Waltham Forest pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc Act 1974 at the City of London Magistrates' Court.
HSE Inspector Paul Hems said: "Despite his terrible injuries, Mr Lunnon is lucky to be alive. This could have so easily been a much more serious incident”. He went on to state "As the builder in charge of the project, Mr Gardner was responsible for ensuring the health and safety of everyone working at the site. This included ensuring the stability of walls during construction. Mr Gardner was made aware of the wind affecting the newly -built walls, but failed to take appropriate action to ensure their stability”.
The HSE investigation also found other safety failings at the site, including failure to properly manage risks of falling. There was a comprehensive failure to implement key elements of the construction phase plan.
1.2 One year on: Being part of the solution
In autumn 2010, HSE is planning to produce a special 'One Year On' report to show how industry is contributing to the new Strategy.
The report will feature examples of how organisations are acting to improve health and safety following the Strategy launch in June 2009. It will be available for viewing on the HSE website and a number of printed copies will also be produced. HSE plans to launch the report at their Parliamentary Reception this October. This should provide a good opportunity for organisations to showcase how they have responded to the challenges of the Strategy.
The aim is to help ideas and good practice to spread, as well as highlighting the good work that’s being done. The HSE say “We know there’s lots of great examples out there - we just need people to share them with us and, more importantly, with each other”. HSE hopes that this will encourage more people to ‘be part of the solution’ and make Britain’s workplaces healthier and safer.
1.3 Occupational health advice
The Government has launched an occupational health advice line which is being piloted within England, Scotland and Wales. The pilot will run until March 2011.
The advice line will apparently provide small business owners, managers and employees with early and easy access to high quality, professional advice. It will be tailored to business needs, as well as being able to respond to individual employee health issues.
To access this service please use the corresponding telephone number below.
England: Tel: 0800 0 77 88 44
Scotland: Tel: 0800 019 2211
Wales: Tel: 0800 107 0900
The service is available to:
- Owners and managers of businesses with 0-249 employees in England and Wales. In Scotland, the service is available to all businesses.
- Employees working in businesses that employ up to 249 people in England and Wales. In Scotland, the service is available to employees in businesses of all sizes.
- It is not yet clear if the service will be extended to cover larger organisations. However, it is important that Estates and Facilities do discuss Health and Safety issues with their own Occupational Health Department. Ensure that all required vaccinations are in place; work activity risk assessments developed, and that a procedure for working on, and in potentially contaminated equipment and areas exists and staff have been trained in these.
1.4 Firms fined after worker fractures vertebrae in seven-metre fall
A construction firm and building owner have been fined after a builder suffered fractured vertebrae when he fell from a factory roof in Hertfordshire. Danny Langdon (63) of Sudbury, Suffolk, injured his spine in the seven-metre fall on Christmas Eve 2008 and has been off work since. Mr Langdon fell through a factory roof light, hit a gantry crane and landed on machinery below.
His employer, Hartog Hutton Ltd, appeared at St Albans Crown Court today and admitted breaching three health and safety regulations. The company was fined £10,000 and ordered to pay £7,076 in costs.
Hartog Hutton Ltd's registered address is Winchester Road, Chandlers Ford, Hampshire, but it is based in Bury St Edmunds, Suffolk.
Fluorocarbon Company Ltd, of Caxton Hill, Hertford, which had contracted Hartog Hutton to carry out the repairs to its factory roof, appeared at East Hertfordshire Magistrates' Court in Hertford on 26 April 2010 and admitted one charge. It was fined £5,000 with £5,195 in costs.
HSE Inspector John Berezansky said: "This incident was entirely avoidable and should not have happened. Working at height is one of the most obvious and well-known dangers for those involved in repairing or maintenance of buildings. Mr Langdon is lucky to be alive”.
More than 4,000 employees suffered serious injury after falling from height last year and 15 were killed. Employers need to plan ahead and assess potential risks before carrying out any work at height. As such, the Estates and Facilities Departments are to ensure that their work activity and work environment assessments cover work at height, and that all required training, remedial measures and precautions are programmed. The HSE runs a high-profile Shattered Lives campaign all about slips, trips and falls in the workplace, you can find out more by visiting the website at www.hse.gov.uk/shatteredlives.
"HSE will continue to prosecute companies that fail to carry out their duties, which includes both employers and firms hiring contractors to do specialist work for them."
Hartog Hutton Ltd admitted the following charges:
- Breaching Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999 by failing to make a suitable and sufficient assessment of the risks of working on a roof.
- Breaching Regulation 9(1) of the Work at Height Regulations 2005 by failing to take reasonably practicable steps to prevent a person working near or on a fragile roof.
- Breaching Regulation 4(1)(c)(i) of the Construction (Design and Management) Regulations 2007 by failing to ensure that employees working on a roof were competent to do so.
Fluorocarbon Company Ltd admitted one charge:
- Breaching Regulation 4(1)(a) of the Construction (Design and Management) Regulations 2007 by failing to take reasonable steps to ensure that the contractor engaged to undertake the work was competent to do so.
1.5 HSE’s “Construction Infonet”
Construction Infonet is a free e-Bulletin from the Health and Safety Executive (HSE) to provide a regular update on health and safety issues for all in the construction industry. This appears to be relevant for anyone working in capital projects or with construction projects to manage. The e-bulletin can be accessed by visiting: www.hse.gov.uk/construction/ebulletins and registering your details.
1.6 Construction inspection initiative
Nearly one in four of the construction sites visited by the HSE during March failed safety checks.
During unannounced visits, inspectors focused on refurbishment and roofing work to ensure that any work at height was being done safely and that the sites were in good order.
- 2014 construction sites were visited
- 2414 contractors were inspected during the campaign.
- 691 enforcement notices were issued at 470 sites
Inspectors gave orders for work to be stopped immediately in 359 instances for either unsafe work being carried out at height or where sites lacked 'good order'.
As such it is critical to ensure that we comply fully with the CDM Regulations, and even when not applicable for all contractor activities that we have the following in place:
- a sound, understood and used, contractor control procedure;
- adequate, clear, understood and used site rules;
- a sound contractor pre-assessment system;
- an adequate contractor supervision, performance monitoring and competence evaluation system;
- designated responsible persons for the contract management;
- Regular performance meetings with formal minutes maintained;
- Post work completion inspections.
Many of the forms required for these tasks can be obtained at the Empathy Environmental Consultants Ltd (Empathy EC Ltd) on-line resource at www.empathyec.com/hsresource/ (see Resource section of this newsletter for further details).
1.7 HSE Myth of the Month May 2010: “You don’t need to secure your load if you’re just driving down the road”
The reality
If not properly secured, vehicle loads can become unsafe, even over a short distance. Loads that haven’t been firmly tied down increase the risk of vehicle rollover and spillage. They risk the lives of drivers and other road users, and can also cause annoying traffic disruption.
More than 1200 people a year are injured as a result of unsafe loads, and millions of pounds are lost in damaged goods. Don’t take the risk – make sure your load is restrained and contained!
1.8 Asbestos Surveying – New HSG 264
The new HSG264 (2010) is a well illustrated publication which replaces and expands on MDHS100, Surveying, sampling and assessment of asbestos-containing materials. Type 1, 2 and 3 surveys are replaced by “Management” and “Refurbishment” surveys. It is aimed at people carrying out asbestos surveys and people with specific responsibilities for managing asbestos in non-domestic premises under the Control of Asbestos Regulations 2006. The book covers competence and quality assurance and surveys, including: survey planning, carrying out surveys, the survey report and the duty holder’s use of the survey information. It includes extensive appendices and references. You can download the new HSG 264 at www.hse.gov.uk/pubns/books/hsg264.htm.
1.9 IIRSM HSW Website
Access to the International Institute of Risk and Safety Management (IIRSM) web-site www.healthandsafetyatwork.com is completely free of charge with individual membership of IIRSM. It includes the entire content of the HSW magazine, an online archive to research previous articles, and a community section which enables you to post particular problems and get answers from your peers or add your opinion to the latest health and safety debate. |
