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    JUNE 2008

    PROSECUTIONS AND OTHER ENFORCEMENT

    Substantial fine imposed after change in work process led to fatality

    The company involved in this case has been ordered to pay over £170k in fines and prosecution costs after an HGV driver died when he fell 4m from a trailer.The firm were about to start supplying metal poles as a new product line and the deceased (who was concerned about the height of the new product load) fell when he climbed onto the vehicle. Comment: This case highlights the importance of procedures to identify the impact that the introduction of new or changed products or processes might have on existing safety systems and levels of risks. Policy in this area needs to be driven by the Boardroom which is why the Institute of Directors/HSE Guide to Leadership (see page 4) refers specifically to this issue. If this death had occurred post April 2008 it may have been prosecuted under the Corporate Manslaughter Act 2007 and the starting point for the fine imposed would have been around 5% of turnover. Every year some 2000 workers are seriously injured after falling from a vehicle and there a range of solutions are available to reduce the risk. See also Boardroom Leadership topic below.

    Scaffolding contractor jailed after failing to train and equip scaffolders

    The owner of a scaffolding firm has been jailed for 3 months after failing to provide adequate training and equipment. The prosecution followed an incident in which untrained workers were dismantling a scaffold that collapsed causing one man to fall 6m. The defendant was found guilty of contravening the requirements of a Prohibition Notice served by HSE after previous incidents. Comment: This case illustrates the importance of acting on clear established guidance and of ensuring compliance with the requirements of any notice etc served by an HSE Inspector.  The Courts take a very dim view of failure to follow HSE advice or well established written guidance. In this case the outcome was a prison sentence for the business owner.

    Excavator operator sentenced to 12 months imprisonment

    The defendant pleaded guilty to manslaughter after the excavator bucket became detached and struck a fellow worker causing fatal injuries. The safety pin was not inserted in the semi-automatic quick hitch. Comment: There have been a number of  deaths involving semi-automatic quick hitches in recent years and has HSE issued a safety alert explaining the problem and providing advice on the required precautions. The EC is considering quick hitches and it is possible that they may be banned on new machines. Meanwhile, there are many semi-automatic quick hitches still in use and it is vital that contractors follow the HSE advice contained in the safety alert.   

    Prosecutions added to the HSE database in the last 7 days

    The above link finds 4 prosecutions taken by HSE Construction Division which were added to the database in the last week.  These involved: reversing telehandler; overturning telehandler; fall from flat roof and; asbestos removal.

    Notices added to HSE database in the last 7 days

    The above link finds the 48 Prohibition and Improvement Notices issued by HSE Construction Division and added to the database in the last week.

    RECENT INCIDENTS

    Construction worker dies in possible excavator incident

    Police are are working with HSE to establish the full circumstances surrounding the death of a construction worker on 24 June 2008 near a rail bridge in Lincolnshire. Our enquiries suggest the incident may have involved an excavator. We are aware of a second construction fatality during the last week that occurred when a thatcher fell from the roof of a building on a farm.

    BOARDROOM LEADERSHIP

    HSE plan to promote Institute of Directors (IoD)/HSE leadership guidance

    The HSE Business Plan (page 10) has announced that HSE will undertake a programme of action to promote the IOD/HSE Guidance on Leadership during 2008/09. Directors and board members have a crucial role in leading their organisations to high standards of health and safety performance. The Guidance sets out what Boardrooms need to do to be effective and will be used as a benchmark should a death at work be investigated for the offence of Corporate Manslaughter. HSE will communicate and promote the guidance through:

    • conferences, house journals, trade press etc;
    • survey of director awareness to help shape further action that might be needed;
    • inspectors employing the guidance during inspection, investigation etc. and;
    • encouragement of benchmarking and practical workshops;

    Comment: The Corporate Manslaughter Act 2007 did not go far enough for those stakeholders who called for greater personal legal responsibility to be placed upon company directors. However, legislators were persuaded that the IoD/HSE Guidance would be sufficient to prompt effective action in UK Boardrooms. There is a commitment by HSE to review the impact of the Guidance and propose further regulation if required. The Boardrooms of construction clients and contractors will need to act swiftly if further legislation on director duties is to be avoided. A good starting point is to review how well your organisation measures up to the IOD/HSE Leadership Guidance test and then take action in any areas of weakness. 

    Boardrooms fail to recognise risk management

    A survey suggests that risk management has yet to be fully integrated into board-level decision-making.

    WORK AT HEIGHT

    Safety whilst working at height depends upon securing safe access to a safe place of work. The two industry organisations below are dedicated to this aim and one has just published a new Code of Practice on edge protection systems.

    Edge Protection Federation (EPF) publish new Code of Practice

    EPF aims to provide a single, authoritative body to act as a representative voice and ensure that high standards in manufacture, supply and application of edge protection systems are maintained and advanced. Their new Code covers use of all popular edge protection systems in typical site situations, including concrete and steel frame structures and provides information for those involved in the installation, use and control of modern edge protection systems. EPF members include CITB-Construction Skills and a number of other well known organisations.

    Access Industry Forum (AIF)

    AIF is an umbrella organisation for trade bodies and associations involved in the access industry. It is committed to: advancing safety and best practice; being a collective voice of the industry and; bringing together those organisations with an interest in all types of scaffolding and cradles, rope access, ladders and powered access. AIF support the HSE Work at Height Solutions database. Questions asked go to an AIF member organisation and enquirers can then choose from a range of solution that best fit their work at height problem.

    WORKPLACE TRANSPORT

    Workplace transport report published

    HSE have reported on an initiative involving audits of workplace transport (WPT) risks. The main findings are:

    • More could be done to reduce WPT risks but there are difficulties e.g. financial constraints and lack of management ‘buy in';
    • Cultural barriers exist to making WPT changes e.g. awareness, attitudes and behaviour of employees;
    • International drivers can lead to language confusion, differences in expectations of safe behaviours and inappropriate PPE. Prior use of multi-lingual instruction cards are one solution and;
    • Audits were seen as positive and a chance to work with HSE Inspectors in a cooperative rather than enforcement environment. The audits provided an opportunity to highlight WPT issues and gain or reaffirm management commitment.

    Road safety statistics show significant improvement

    The risk to those undertaking work related driving on public roads appears to be reducing. The National Statistics on road casualties in GB for 2007 show that the number of people killed in road accidents fell by 7 per cent from 3,172 in 2006 to 2,943 in 2007 and that 4% fewer people were killed or seriously injured in 2007 than in 2006. This is the first time since records began that road deaths have fallen below 3000 per year.

    CHILD SAFETY

    Construction companies advised to act as school holidays draw near

    HSE is alerting the construction industry and parents to the practical advice that needs to be followed by parents and workers so as to help keep children safe this summer.

    OTHER NEWS

    HSE refurbishment initiative in Newcastle reveals further problems

    MPs debate teenagers killed at work

    Corporate Social Responsibility is affecting supply chain relationships

    US Congressmen call for new Crane safety code to be published

    AND FINALLY…

    Bus takes crane into river…a scary incident that thankfully caused no injury.

    Latest Construction Health and Safety News

    HSE ENFORCEMENT WEEKLY UPDATE 18th JULY 2018

    hselogo1Prosecutions and enforcement notices register latest version

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    Posted on 18th July 2018

    MASSIVE FINE OVER USE OF UNSAFE GAS FITTINGS

    College gas installation contractor exposed after multiple gas leaks

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    Posted on 17th July 2018

    TEMP WORKS DESIGNED BY MANAGER AND UNCHECKED

    Collapse of platform highlighted failure in temporary works management

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    Posted on 17th July 2018

    RAISING SAFETY STANDARDS FOR CRANE LIFTING OPS

    Major crane seminar seeks to raise standards and share best practice

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    Posted on 17th July 2018

    WORKMAN SURVIVES 6m FALL THROUGH ROOFLIGHT

    Unsecured boards provided to cover nearby fragile materials

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    Posted on 17th July 2018

    MAJOR FACILITIES FIRM FAILED ON FLAT ROOF SAFETY

    Site specific planning lacking and safety standards not monitored

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    Posted on 17th July 2018

    HSE ALERT: UNAUTHORISED ACCESS TO SCAFFOLDS

    hselogo1Regulator sets out new guidance to protect children and the public

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    Posted on 17th July 2018

    ASSUMING OTHERS WILL ACT IS NO DEFENCE

    Incomplete edge protection caused 8m fall from roof

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    Posted on 17th July 2018

    LEADING ROOFING SPECIALIST FOUND WANTING

    Risk to employees and the public after failure to meet required standard

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    Posted on 17th July 2018

    SCAFFOLDER DEVELOPMENT EMBRACED BY INDUSTRY

    CPD training attracts over 2500 scaffolders during first year of operation

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    Posted on 11th July 2018

    SECURITY PANELS FELL DESPITE EARLY WARNING

    Firm fined £1/4 million after worker crushed by falling fencing

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    Posted on 10th July 2018

    VEHICLE STRIKE TRIGGERED FALL OF ROOF TRUSSES

    Manufacturer failed to identify a suitable safe system of work

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    Posted on 10th July 2018

    INCIDENT: CHILD STRUCK BY FALLING OBJECT

    Wood falling from scaffold triggers arrest of two on construction site

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    Posted on 10th July 2018

    IGNITION OF THINNERS VAPOUR CLAIMED TWO LIVES

    Refurbishment project director jailed over fatal use of flammable solvent

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    Posted on 10th July 2018

    HSE LONDON REFURBISHMENT CAMPAIGN FINDINGS

    hselogo1Material breaches of law found at over 50% of London sites visited

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    Posted on 4th July 2018

    CURFEW AND TAGGING FOR RECALCITRANT SCAFFOLDER

    Suspended jail sentence handed down after unsafe work at height

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    Posted on 4th July 2018

    CONSTRUCTION SECTOR DEATHS RISE SHARPLY

    HSE report construction worker deaths increase by 27% during 2017/18

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    Posted on 4th July 2018

    BUILD UK UPDATE KEY CONSTRUCTION H&S ADVICE

    Majors industry body endorses “go to” source of H&S information

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    Posted on 2nd July 2018

    OXYGEN CYLINDER “FIRED” INTO WORKSHOP

    Violent discharge of gas bottle seriously injured two engineers

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    Posted on 2nd July 2018

    PRISON SENTENCE OVER FAILURE TO MANAGE RISK

    Sole trader contractor ignored HSE advice once too often

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    Posted on 2nd July 2018

    DEATH EXPOSED MINIMAL MEWP MAINTENANCE

    Court told about “almost complete” lack of MEWP maintenance

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    Posted on 21st June 2018

    CONTRACTOR FAILED TO IDENTIFY ASBESTOS PRESENCE

    ACMs disturbed during works and firm failed to take suitable actions

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    Posted on 21st June 2018

    FALL THROUGH ROOF ON LOCAL COUNCIL BUILDING

    Fragile rooflight fractured when workman ‘misplaced footing’

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    Posted on 21st June 2018

    YOUNG WORKER POSED SPECIAL RISK TO CONTROL

    Conviction highlights duty to young persons and the vulnerable

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    Posted on 21st June 2018

    TOWER DEFECTS AND UNSAFE SYSTEM CAUSED DEATH

    Maintenance supervisor fell to his death through roof opening

    Read the rest of this article »

    Posted on 21st June 2018
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