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PROSECUTION – ASBESTOS  

Refurbishment and asbestos contractors to pay over £1/4m

A refurbishment contractor who failed to manage asbestos has been fined £150k and ordered to pay £30k in prosecution costs. HSE inspectors visiting a 15 storey tower block found asbestos containing materials (ACM) in debris on floors and in black sacks.

The asbestos removal contractor was also prosecuted and fined £70k with costs of £13k. The building was contaminated and asbestos insulation board (AIB) had been removed without use of techniques to prevent fibre release.

Guidance to Inspectors on enforcement published

HSE has now published the asbestos enforcement guidance it provides to Construction and Local Authority Inspectors on when and how to enforce the provisions of the Control of Asbestos Regulations 2006. The guidance indicates in what circumstances inspectors are expected to consider serving enforcement notices and prosecution.

Comment: This detailed guidance provides for a more transparent policy and greater clarity as to the circumstances that may require contractors and others to take greater care. However, some may ask: (a) Will all inspectors remember such detailed prescription when carrying out their work? and (b) may it not limit inspector discretion that enables decisions to be framed by the facts of each case which often works be to the benefit of dutyholders?   

INCIDENT – WORKER TRAPPED

Workman saved from approaching tide 

A workman employed by a major civil engineering contractor has been saved from drowning after he was trapped in coastal mud flats as the tide approached.  

CORPORATE RESPONSIBILITY

Guidance on ‘Whistleblowing’ workplace risks

BSI has produced a publicly available specification PAS 1998 Whistleblowing Arrangements Code of Practice.  The guide is available to download and sets out good practice for effective whistleblowing arrangements as part of good governance.

Whistleblowing is the popular term used when an employee raises a concern about a possible fraud, crime, danger or other serious risk (including health and safety in the workplace) that could threaten customers, colleagues, shareholders, the public or organisational reputation.  

ENFORCEMENT ACTIVITY

Prosecution Cases taken by HSE Construction

Seven records relating to 5 prosecution cases have been added to the HSE database during week commencing 04/08/2008. The cases involved (fine in brackets): 

  1. Fatal accident to employee arising from loading and off loading pipes (£4k)
  2. Co-defendant with case 1 above (£4k)
  3. Working on flat roof without edge protection and risk to the public (£2k)
  4. Unlicensed asbestos removal and contamination of site (£7k)
  5. Injured person fell from a roof whilst dismantling AC clad shed (£10)
  
Prohibition and Improvement Notices issued by HSE Construction

There have been 22 enforcement notices added to the HSE database during week commencing 04/08/2008. 

MANSLAUGHTER 

Company director pleads guilty after fatal fall

A construction company director has pleaded guilty to manslaughter after a court heard how a Chinese worker fell to his death at a Norfolk building site. The workman fell from scaffolding in January 2008 while working as a labourer at a bakery and café undergoing refurbishment. The 44-year-old defendant was released on bail and will be sentenced in September 2008. He could face a period in prison.  

INCIDENT – EXCAVATION

Workman trapped after trench collapse

Firefighters have freed a workman trapped in an excavation on a Farm in near Newbury Berkshire.

Comment: This workman is very lucky to be alive. We have reported at least two excavation deaths in recent months. 

Latest Construction Health and Safety News

HSE ENFORCEMENT WEEKLY UPDATE 21st FEB 2018

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Posted on 21st February 2018

CLEANING ASBESTOS CEMENT ROOF CAUSED DANGER

High pressure jet washing spread asbestos fibres around premises

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Posted on 21st February 2018

HSE INSPECTOR GUIDE TO RISK ASSESSMENT

Regulator offers training course on all aspects of risk assessment

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Posted on 21st February 2018

PUZZLES HELP DELIVER HEALTH RISKS AWARENESS

Innovative puzzle products supplier extends the range of training aids

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Posted on 20th February 2018

NEW ISO 45001 MANAGEMENT STANDARD IMMINENT

Standard capable of replacing OHSAS 18001 with relative ease

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Posted on 20th February 2018

APPEAL COURT RULES ON LEGAL PRIVILEGE CASE

Decision may prompt further caution during internal investigations

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Posted on 20th February 2018

TIPPER TRUCK STRUCK PEDESTRIAN ON SITE ROAD

Contractor fined £500,000 over poor traffic management arrangements

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Posted on 16th February 2018

FALLING SCAFFOLD CLIP STRUCK PASSER-BY

Firm failed to follow risk assessment and method statement

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Posted on 16th February 2018

HSE ENFORCEMENT WEEKLY UPDATE 14th FEB 2018

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Posted on 16th February 2018

HOMES FIRM FINED £1/2M OVER DUMPER DEATH

Developer and contractor failed to manage people and plant interface

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Posted on 14th February 2018

SUPREME COURT RULES ON HSE ENFORCEMENT NOTICES

Post service evidence can be used to support HSE notice appeals

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Posted on 9th February 2018

SAFE INSTALLATION OF PRE-CAST FLOORING

Code of Practice for health and safety updated by industry federation

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Posted on 8th February 2018

HSE ENFORCEMENT WEEKLY UPDATE 8th FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

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Posted on 8th February 2018

MANUAL HANDLING MUST INVOLVE ‘REAL RISK’

Court provides clarity on manual handling risk assessment rules

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Posted on 7th February 2018

SKIP LORRY DRIVER FATALLY INJURED BY LOADER

Hire company fined after lorry driver crushed between two vehicles

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Posted on 5th February 2018

PUBLIC RISK COSTS CONTRACTOR DEARLY

Principal Contractor failed to assess and supervise work

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Posted on 5th February 2018

TUBES FELL WHILST LIFTING OVER PERSONS BELOW

Lifting operations were not carried out in safe manner

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Posted on 2nd February 2018

‘DAREDEVIL’ SCAFFOLDER LANDS IN DOCK

Former HSE Inspector snaps dangerous working practices at 60 feet

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Posted on 2nd February 2018

HSE ENFORCEMENT WEEKLY UPDATE 1st FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

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Posted on 1st February 2018

DIDCOT FATAL COLLAPSE: INVESTIGATION UPDATE

Police and HSE still seeking to understand why boiler house collapsed

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Posted on 1st February 2018

SCAFFOLDER TRAINING REACHES NEW HEIGHTS

CISRS training card renewal by CPD embraced by scaffolders

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Posted on 30th January 2018

HSE SUMMARY OF CONSTRUCTION SECTOR HARM

Infographic provides insight into industry priority hazards

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Posted on 29th January 2018

FIRM FAILED TO IMPLEMENT AGREED CONTROLS

Risk assessment carried out but precautions not taken

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Posted on 29th January 2018

HSE MUSCULOSKELETAL DISORDERS SUMMIT 2018

hselogo1Regulator focuses on MSDs in construction and others sectors

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Posted on 28th January 2018

LOAD FELL FROM MAGNET AND STRUCK WORKMAN

Firm failed to properly assess and revise crane safe working load

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Posted on 25th January 2018
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