1101BRN.pdf (859.64 kb)

Recycling company fined after man dies from being struck

Defendant:	Ling Metals Ltd
Offences:	s2, s3 HSWA, Lifting Operations and Lifting Appliances Regulations 1998
Penalty:	Fine:	£200,000	Costs:	£11,384.11

 

A recycling company has been fined £200,000 and ordered to pay £11,384.11 costs after a machine overturned and the loading bucket hit a man at a site in Minster, Kent.

The HSE prosecuted Ling Metals Ltd of Parham Road, Canterbury, Kent for breaching HSWA 1974 s2 & s3 and two counts from the Lifting Operations and Lifting Appliances Regulations 1998. 

Canterbury Crown Court heard that on the 19 March 2007, Darren Baker, 35, of Thanington, was helping to lay a new horseriding surface of crumbled rubber at Brambles Stables, Watchester Lane, Minster, Ramsgate.

A colleague was driving a telehandler - a forklift truck with an extendable arm. The vehicle was fitted with a loading bucket containing the rubber.  It had extended its boom more than 6m. It was resting on its wheels and the hydraulic stabilisers fitted at the front of the machine were not being used.

Mr Baker walked across the path of the boom just as the telehandler reached its balance point and tipped forward. The bucket hit him on the head and forced him to the ground. The operator managed to bring the vehicle upright by lowering the front stabilisers. Mr Baker died in hospital two days later from multiple injuries.

The telehandler was fitted with a 'Safe Load Indicator' device. These devices help operators to stay within safe limits by using a series of lights and an alarm. The Safe Load Indicator should be calibrated so that when the alarm goes off there is still sufficient capacity to prevent an overturn. The HSE investigation found that the Safe Load Indicator was not correctly calibrated and was unusable at the time.

In addition, the machine's previous safety certificate (called a Certificate of Thorough Examination) had expired prior to the incident. Although an engineer had visited on two separate occasions to inspect and repair the telehandler they were unable to complete this due to the poor condition of the machine.

The operator had not been told how much the bucket weighed when it was empty or full, or how heavy a load of crumbled rubber was. Lastly, the operator lacked understanding of the machine instructions, which showed how much it could lift and to what maximum distance the boom could be extended.

HSE Inspector John Underwood said:

"I would like to remind owners and operators of machines fitted with older style Safe Load Indicators that these need checking and recalibrating on a regular basis as some older machines do not tell the operator when they have decalibrated.  It is vital that the owner and operator have a robust procedure to ensure workers knows how to correctly use the machine; how to recognise when it may be going out of calibration and what to do about it. Each machine should be checked by plant fitters and maintained in line with the manufacturer's recommendations.

"This was a wholly avoidable incident which led to unnecessary loss of life. I hope this fine will be an example to those involved in the use of telehandlers that machine maintenance is critical to enable safe operation."

Ed -

Regulation 7(c) of the Lifting Operations and Lifting Equipment Regulations 1998 requires that "Every employer shall ensure that accessories for lifting are also marked in such a way that it is possible to identify the characteristics necessary for their safe use".

Regulation 10(3) of the Lifting Operations and Lifting Equipment Regulations 1998 requires that "Every employer who has been notified - by a person making a thorough examination of any defect in the lifting equipment which in his opinion is or could become a danger to persons - shall ensure that the lifting equipment is not used before the defect is rectified."

BS EN 15000:2008 is a European Standard that now includes a specification for safety devices in new Telescopic Material Handlers that will lock out the machine controls once the load being carried reaches the outer limit of the operating envelope. Previous designs relied on the operator stopping at the limit. This coupled with safety devices that tell the operator when the device has gone out of calibration provides an inherently safer design. (BS EN 15000: 2008 'Safety of industrial trucks. Self propelled variable reach trucks. Specification, performance and test requirements for longitudinal load moment indicators and longitudinal load moment limiters')

 The telehandler

BUPA Care homes fined after pensioner dies

Defendant:	BUPA Care Homes (BNH) Ltd
Offences:	s3 HSWA x2
Penalty:	Fine:	£150,000	Costs:	£150,000

BUPA Care Homes (BNH) Ltd has been fined £150,000 after a pensioner died at a nursing home in Birmingham.

Seventy-four-year-old Brigid O'Callaghan, known as Vera, died after being strangled by a lap belt when she was left strapped in a wheelchair overnight.

Birmingham Crown Court heard that staff at the company's Amberley Court Nursing Home, on Edgbaston Road, Edgbaston, did not check properly on Mrs O'Callaghan on the night of 27 October 2005, leaving her in a wheelchair in her room rather than helping her to bed.

She was discovered dead the next morning by a member of staff having slipped from the seat of the wheelchair to the floor, with the lap belt strap around her neck.

An HSE investigation into safety standards at the home following Mrs O'Callaghan's death found more than 15 failings in her treatment.

The court heard that the home had failed to carry out a proper risk assessment and care plan for Mrs O'Callaghan's stay, did not communicate her needs to staff, failed to ensure she could call for help and did not monitor whether night time checks were carried out.

The HSE inspectors also identified more than ten further potential hazards that put residents at risk, ranging from a cluttered corridor to dirty conditions.

These included the absence of window restraints; excessive water temperature in two bathrooms; failure to secure a laundry room; tripping hazards and charging a battery in a corridor; storing lifting slings over a handrail; inappropriate treatment of waste items and laundry; dirty conditions of a shower and toilet; inappropriate storage of items in bathrooms; failure to secure a housekeeping room; a cluttered corridor; insufficient resources for an adequate maintenance programme; insufficient monitoring of the management of the home and lack of staff training.

BUPA Care Homes (BNH) Ltd  pleaded guilty to two breaches of Section 3(1) HSWA. The first charge focused on the issues most closely connected to Mrs O'Callaghan's death and the second on the potential hazards for the other residents. The company was fined £150,000 in total and ordered to pay £150,000 in costs.

HSE inspector Sarah Palfreyman said:

"Mrs O'Callaghan's death was a preventable tragedy caused by a shocking case of mismanagement. The managers of this, and indeed all care homes, have a duty of care for their residents. At the very least they should be making sure that residents are comfortable and safe at night, not left in a wheelchair.  There were some awful conditions for the elderly residents to live in and hazards that could easily have caused them serious injury.

"The home's managers were not given appropriate monitoring or supervision and as a result the staff were not being properly trained or monitored.  Working in a care home is a specialised job and it's vital that all employees have the correct training in place, which in this instance, they did not."

 

West Lothian Council fined after pensioner's fatal fall

Defendant:	West Lothian Council
Offences:	s3 HSWA
Penalty:	Fine:	£80,000	Costs:	Nil - Scotland

 

An elderly lady died when she fell through an access hole in her hallway floor which had been left uncovered by council employees working on her property.

On 2 July 2009, Mrs Catherine Walker, 90, walked into the hallway of her house in Broompark View, East Calder, to go to her bathroom. She fell into an unguarded access hole and suffered major injuries from which she later died.

West Lothian Council employees were carrying out gas repair works as part of a programme to upgrade the central heating systems in all of the council's domestic properties. The work involved fitting new radiators, pipework, a boiler and electrical control systems. As the pipework runs under the floors, the floorboards were lifted in order to do the job.

West Lothian Council pleaded guilty to breaching section 3(1) HSWA and was fined £80,000 by Livingston Sheriff Court.

Following the case, HSE Inspector Garry Stimpson said:

"This tragedy could have been avoided. The council employees should have covered the access hole or erected a barrier around it - this would have ensured the safety of Mrs Walker.

"Those working on central heating systems in a residential property must ensure that suitable and sufficient measures are taken to protect the residents.

"Every year thousands of projects involving central heating installation and upgrading are carried out across Scotland. Every time work is carried out contractors must take positive steps to prevent incidents - otherwise this type of incident will happen again."

 

Firms sentenced after Bolton steeplejack falls to death

Defendant:	Bailey International Steeplejack Company Ltd
Offences:	S2 HSWA
Penalty:	Fine:	£75,000	Costs:	£80,000

Defendant:	Ken Brogden Ltd
Offences:	S3 HSWA
Penalty:	Fine:	£10,000	Costs:	£16,000

Two companies have been fined a total of £85,000 after a steeplejack fell 50m to his death from an Edwardian chimney in Bolton, and a colleague was left clinging on for his life.

John Alty and another worker were at the top of the disused chimney at Swan Lane Mills in Great Lever on 4 June 2007 when the scaffolding they were on collapsed.

The 40-year-old father-of-one from Blackburn was pronounced dead at the scene but his colleague survived by clinging to a ladder on the outside of the chimney. Bailey International Steeplejack Company Ltd and Ken Brogden Ltd were both prosecuted by the HSE.

Manchester's Minshull Street Crown Court heard that Mr Alty's employer, Bailey International, had been hired to carry out repairs to the brickwork on the chimney, and its two employees had been taking down the scaffolding when it gave way.

The HSE investigation concluded that the company had not used strong enough anchor fixings to attach the scaffolding to the chimney, despite knowing that the brickwork at the top was in a poor condition.

The Macclesfield-based firm, which employs around 30 people, also failed to check the scaffolding design and to test the fixings before they were used.

The court was told that the scaffolding had been damaged on a previous job, and that Heywood-based Ken Brogden had been hired to repair it. But instead of grinding out the joints and welding them back together, the company welded over the weakened joints.

HSE Inspector Stuart Kitchingman said:

"If the work had been properly managed, and carried out to industry standards, then Mr Alty would still be alive today.  Our investigation found that the most likely cause of the scaffolding collapsing was the weak anchor fixings. But we could not rule out the poorly repaired joints on the scaffolding as a possible cause of Mr Alty's death.

"Working as a steeplejack is a potentially dangerous job, and they need to be able to rely on their employers to provide equipment that keeps them safe. Unfortunately, the scaffolding and fixings that were provided simply weren't up to the job."

Bailey International Steeplejack Company Ltd, of Grimshaw Lane in Bollington, admitted breaching s2(1) HSWA. The company was fined £75,000 and ordered to pay £80,000 towards the cost of the prosecution at Manchester Crown Court on 28 January 2011.

Ken Brogden Ltd, of Manchester Street in Heywood, pleaded guilty to breaching s3(1) HSWA. The company was fined £10,000 with costs of £16,000.

The Chimney

 The collapsed scaffolding

 

Plumber jailed after 'Rogue Traders' exposes illegal gas work

Defendant:	Andrew John Carslak
Offences:	HSWA 1974 s33 reg 3(3) Gas Safety (Installation and Use) Regulations 1998
Penalty:	Prison	6 Months	Costs:	NIl

 

A plumber who was caught carrying out illegal gas work by BBC's Rogue Traders has been jailed after ignoring a previous order to stop.

Andrew John Carslake, 42, who traded as Aqua Plumbing, admitted breaching health and safety laws at Chelmsford Crown Court.

In 2008 the HSE received a complaint from a householder concerning gas work undertaken by Mr Carslake of Upper Bridge Road, Chelmsford. He was served with a prohibition notice ordering him not to carry out further gas work until he registered with CORGI - now Gas Safe Register - or was supervised by another registered gas engineer.

However Mr Carslake ignored the notice and continued to carry out further illegal gas work - and was caught on camera in July 2009 breaking the law by the BBC consumer affairs programme.

Mr Carslake admitted breaching health and safety law and was sentenced to a six month term of imprisonment. He also admitted breaching reg 3(3) Gas Safety (Installation and Use) Regulations 1998 for which he was sentenced to an additional six month term of imprisonment to be served concurrently.

HSE Inspector Toni Drury said:

"It is illegal for an unregistered person to carry out work on any gas appliances. When unregistered workers try to bypass the law in this way they are not only putting themselves at risk of prosecution and a large fine, they are also putting their customers' lives at risk.

"HSE served Mr Carslake with a prohibition notice to protect the public's safety but he chose to ignore it. Failure to comply with a prohibition notice is a serious offence which HSE will pursue through the courts.

"There's no doubt that Watchdog's Rogue Traders has struck a blow for gas safety with their undercover report. They played a big part in helping us get this case to court and securing justice. We applaud their efforts to expose illegal gas work and help the public understand the importance of getting qualified, registered professionals in to do gas work."

 

Halifax firm in court for series of asbestos charges

 

Defendant:	MA Estates Limited
Offences:	S3 HSWA, Control of Asbestos at Work Regulations 2006 x7
Penalty:	Fine:	£30,100	Costs:	£2,475.40

 

A property management company has been fined £30,100 after admitting a series of offences which led to workers being exposed to asbestos fibres.

MA Estates Limited of Holmfield, Halifax, the owner and landlord of a factory building in Holdsfield Road, was prosecuted by the HSE for failing to manage properly the removal of asbestos-containing materials when employees were replacing a roof at the factory in June 2007.

Halifax Magistrates' Court was told that up to 15 employees from two businesses, both part of the same group as MA Estates and both occupants of the building, were working to upgrade the roof. This included stripping materials from support beams which, when later tested by HSE, were found to contain asbestos in limpet/spray form.

A local business complained to HSE after seeing the stripped materials, suspecting that they included asbestos fibres. After visiting the premises, HSE served a Prohibition Notice on MA Estates to stop work immediately.

The HSE investigation found the company had failed to carry out an asbestos survey or risk assessment, had no licence to remove asbestos, had given staff no instruction or training in removing it, and had left workers exposed - with no attempts to limit the spread of asbestos or exposure to it.

HSE inspector, Rachel Brittain, said:

"The dangers of asbestos should never be underestimated and are well known in the property industry and beyond. For a company to put workers at this level of risk shows a total disregard for their safety and welfare.  I can't stress enough how important it is for anyone carrying out building work to obtain the proper asbestos surveys and then act upon them."

MA Estates Limited pleaded guilty to 7 charges under the Control of Asbestos Regulations 2006 and of breaching s 3(1) HSWA. The company was also ordered to pay £2,475.40 in costs.

 

Food packaging firm in court over Rochdale worker's injuries

Defendant:	Elliott Absorbent Products Ltd
Offences:	Reg 11 PUWER  1998
Penalty:	Fine:	£27,500	Costs:	£4,389

A food packaging firm has been fined £27,500 after one of its workers was badly injured when he was dragged into a machine at a Rochdale factory.

The 35 year old from Wardle was working on a laminator, used to produce absorbent pads for meat packaging, when he was pulled in by two giant rollers.

Elliott Absorbent Products Ltd was prosecuted by the HSE following the incident at its Greenvale Business Park factory, on Todmorden Road in Littleborough, on 22 October 2009.

 The gaint rollers that caused the injuries

The worker, who has asked not to be named, suffered severe friction burns to his arms, chest and stomach, requiring skin grafts to both his arms. He had been working for the company for just over six months.

Manchester's Minshull Street Crown Court heard that Elliotts had disabled an infra-red sensor, designed to stop the machine operating when someone approached the rollers. The company, which supplies major supermarket chains across Europe, had shut off the sensor because paper dust generated by the machine had been triggering it.

The HSE investigation found that the company failed to provide an alternative safety guard until after the incident, when it installed a pressure mat which stopped the machine working when someone stepped on it.

The court also heard that HSE served Elliotts with three Improvement Notices in May 2008, regarding inadequate guards on three other machines at its factory at Blueberry Business Park, on Kingsway in Rochdale. The company complied with the notices within a month of them being issued.

Elliott Absorbent Products Ltd pleaded guilty to breaching reg 11(1) PUWER 1998. The company was ordered to pay costs of £4,389 in addition to the fine. 

Sarah Taylor, the investigating inspector at the HSE, said:

"Sadly a worker has suffered permanent scarring because Elliotts didn't do enough to look after the safety of its workers.

"The three enforcement notices HSE served following a visit to the company's Rochdale factory in 2008 should have acted as a wake-up call to check the guards on all its machines.

"But the infra-red sensor on the machine at the company's Littleborough factory was disabled without considering why it was there in the first place - to prevent workers being injured."

Ed

Regulation 11(1) PUWER states: "Every employer shall ensure that measures are taken...to prevent access to any dangerous part of machinery or to any rotating stock-bar, or to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone."

Cardiff company fined over worker fall

Defendant:	Watts Truck & Van (Cardiff) Ltd
Offences:	Reg 4(1) Work at Height Regulations 2005
Penalty:	Fine:	£20,000	Costs:	£3,070.70

A Cardiff-based truck and van company Watts Truck & Van (Cardiff) Ltd has been fined £20,000 after a mechanic fell from a makeshift platform attached to a forklift truck.

The 21-year-old HGV mechanic fractured his hip when he fell 15 feet at Fairwood Truck Centre in Rogerstone, Newport on 27 August 2009.

Watts Truck & Van (Cardiff) Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation into the incident

 The makeshift platform from which the worker fell

Newport Magistrates' Court heard how the worker was standing on the platform while repairing a light at the top of a high-sided vehicle. The makeshift platform had been put together by a colleague from a wire surround, which had been screwed to a wooden pallet and placed on a fork lift truck.

The platform had not been securely fixed to the fork lift, so when the worker leant to catch a light bulb thrown up to him by a colleague, it fell, taking him with it.

The father-of-one needed an operation on his hip, was off work for a month, and has had to undergo numerous physiotherapy sessions since. He still suffers continuous pain in his hip and is no longer able to go running or boxing.

The HSE investigation found Watts Truck & Van (Cardiff) Ltd failed to ensure that work at height by its employees was properly planned and supervised and carried out safely.

The company pleaded guilty to breaching reg 4(1) of the Work at Height Regulations 2005. It was fined £20,000 and ordered to pay £3,070.70 costs.

HSE inspector Paul Cartwright said:

"It's extremely fortunate that the injuries in this case were not more serious.

"Falls from height can easily be fatal. Where possible, employers should avoid the need for employees to work at height. Where it can't be avoided, they must assess the risks, ensure suitable access equipment is used, and make sure there is effective planning, training and supervision in place."

Ed:

Regulation 4(1) Work at Height Regulations 2005 states:

"Every employer shall ensure that work at height is

(a) properly planned;

(b) appropriately supervised; and

(c) carried out in a manner which is so far as is reasonably practicable safe, and that its planning includes the selection of work equipment in accordance with regulation 7."

Steel firm fined after cherry picker plunge

Defendant:	BHC Ltd
Offences:	Reg 4(1) Work at Height Regulations 2005
Penalty:	Fine:	£20,000	Costs:	£Nil - Scotland

A man was left with multiple broken bones when the scissor lift he was working in was struck by an overhead crane and fell to the ground.

Steel erector Alexander Struthers, 36, was using a cherry picker - to drill holes in the roof at a paint workshop at steel fabrication firm BHC Ltd in Carnwarth on 3 April 2008.

There was an overhead crane installed in the workshop to move steel around and Mr Struthers was working with his back towards it at the time of the incident. He did not hear the crane moving towards him as it hit the scissor lift basket he was in, knocking it 5.5m to the ground.

As a result, Mr Struthers broke his hip, pelvis, thigh bone, knee, ankle and nose. He was in hospital for six days and endured a nine-hour operation to repair various bones.

A subsequent operation has left him with an 18-inch pin in his thigh bone as well as various pins, metal plates and screws in his hip, pelvis and ankle. He is in constant pain, still attends physiotherapy and walks with the aid of sticks.

BHC Ltd pleaded guilty to breaking reg 4 Work at Height Regulations 2005 at Lanark Sheriff Court. The firm admitted failing to ensure the work at height was properly planned, appropriately supervised and carried out in a reasonably practicable safe manner and was fined £20,000.

Following the case, HSE Inspector Eve Macready said:

"This completely avoidable incident has had an enormous impact on Mr Struthers' life.  If BHC Ltd construction had properly planned or supervised the work they would have recognised that the overhead crane was a hazard and stopped it being used while Mr Struthers and his colleagues were working on the roof."

Liverpool nursing home fined £18k after 81-year-old woman falls from sling

Defendant:	Catholic Blind Institute
Offences:	Regulation 9(3) of the Lifting Operations and Lifting Equipment Regulations 1998.
Penalty:	Fine:	£18,000	Costs:	£13,876

A Liverpool nursing home has been fined £18,000 after an 81-year-old woman fell to the ground while being lifted out of bed.

Frances Shannon fell three feet and suffered a broken shoulder as well as injuries to her back and elbow. The wife, mother of two and grandmother of one died in the Royal Liverpool University Hospital the following day.

The Catholic Blind Institute, which runs the Christopher Grange nursing home, was prosecuted by the HSE for failing to carry out regular checks of the lifting sling being used. It pleaded guilty to the offence and was sentenced at Liverpool Crown Court on 17 January 2011.

The court heard that Mrs Shannon was being moved from her bed to a wheelchair at the Christopher Grange Nursing Home, on Youens Way in Knotty Ash, on 4 December 2008 when the sling failed.

Julie Lloyd-Shannon, Mrs Shannon's daughter, said:

"Since my mum was so tragically taken from me some seventeen months ago, a day has not passed without thinking of her. I miss her so much.  My last vision of my mum was seeing her connected to bleeping, flashing machines, and her being in so much pain. I could not even hold her and try to comfort her.

"Every time I think of the events of that day, I still have floods of tears thinking what my mum went though, how scared she must really have been, and how she must have died in pain without me holding her."

Sarah Wadham, the investigating inspector at HSE, said:

"Mrs Shannon's fall would have been prevented if the Catholic Blind Institute had complied with the law for using equipment to lift people.  There should have been regular checks of the sling and it should have been thoroughly examined at least once every six months. Sadly this did not happen.

"I would urge care providers, including NHS trusts, primary care trusts and care homes, to ensure that they carry out the necessary examinations and inspections of lifting equipment, to prevent similar tragic incidents in the future."

The Catholic Blind Institute was charged with breaching Regulation 9(3) of the Lifting Operations and Lifting Equipment Regulations 1998. It was ordered to pay £13,876 towards the cost of the prosecution in addition to the fine.

Editors

Regulation 9(3) of the Lifting Operations and Lifting Equipment Regulations 1998 states: "Every employer shall ensure that lifting equipment which is exposed to conditions causing deterioration which is liable to result in dangerous situations is thoroughly examined in the case of lifting equipment for lifting persons or an accessory for lifting, at least every 6 months...and if appropriate for the purpose, is inspected by a competent person at suitable intervals between thorough examinations, to ensure that health and safety conditions are maintained and that any deterioration can be detected and remedied in good time."

The Medicines and Healthcare products Regulatory Agency (MHRA) has published new guidance on inspecting the type of sling involved in Frances Shannon's death. It is available at www.mhra.gov.uk/publications/safetywarnings

 Frances Shannon

Gainsborough firm fined after worker hit by three-tonne steel tank

Defendant:	Wefco (Gainsborough) Ltd
Offences:	S2 HSWA
Penalty:	Fine:	£15,000	Costs:	£5,000

A steel manufacturing company Wefco (Gainsborough) Limited ('Wefco') has been fined after a process tank weighing three tonnes fell on an employee at one of its sites.

The HSE prosecuted Wefco for failing to ensure the safety of 29 year old employee Edward Baxter.  Mr Baxter of Hempdyke Road, Scunthorpe, sustained multiple fractures to his pelvis, spine and ribs, a fractured leg and ankle and head injuries as a result of the incident on 4 March 2008.

A process tank was being lifted with an overhead crane, chains and a temporary lifting bracket welded onto the tank. The lifting bracket came off the tank, which then fell onto Mr Baxter.

Wefco pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act 1974. The company was fined £15,000 and ordered to pay costs of £5,000 at Lincoln Crown Court today.

HSE Inspector, Steve Woods, said:

"This was an incident that resulted in very serious injuries to a young man which could have been even worse. His injuries could have been avoided had a safe system of work been followed.  Employers need to ensure that difficult lifting operations are planned beforehand and that correct lifting equipment is being used.

"An incident like this demonstrates how vital it is that safe working procedures are communicated to and understood by people who carry out such lifting tasks.  Supervision is also imperative and managers need to monitor the workplace of employees to ensure that safe working procedures are being followed and corners are not being cut."

 

Four workers fall suffering serious injuries

Defendant:	J & P Recruitment Ltd
Offences:	S2 HSWA
Penalty:	Fine:	£5,000	Costs:	£800
Defendant:	West End Cold Stores Limited
Offences:	S3 HSWA
Penalty:	Fine:	£15,000	Costs:	£1,862

Two Lincolnshire companies have been fined after four workers were injured in a 3.5m fall at a vegetable processing and packaging site.

The workers were employed by Spalding-based J & P Recruitment Ltd and regularly worked at the site, owned by West End Cold Stores Ltd in Horseshoe Road, Spalding.

On 22 September 2008, they were asked to remove the insulation panels from one of the cold stores, which had previously been destroyed by a fire, in the hope that they could be reused.

 The site:

The HSE investigation found that the workers were removing the ceiling panels using a forklift truck together with a man-riding cage. When trying to remove the final panels, all four workers stepped onto one panel. It gave way and they fell 3.5 metres to the ground.

All four suffered a combination of broken arms, smashed femurs and broken collarbones. One worker is still unable to work as a result of this incident.

J & P Recruitment, which is also based at the site in Horseshoe Road, Spalding pleaded guilty to breaching s2(1) HSWA.  West End Cold Stores of Rainwalls Lane, Sutterton, Boston pleaded guilty to breaching s3(1) HSWA.  Spalding Magistrates' Court fined J & P Recruitment £5,000 and ordered them to pay costs of £800. West End Cold Stores was fined £15,000 and ordered to pay £1,862 in costs.

Following the hearing, HSE Inspector Jo Anderson said:

"All four workers involved in this incident suffered extremely serious injuries and could have been killed. They were employed to carry out tasks on the factory floor, and had no experience in working at height.  No risk assessment was carried out and no proper supervision took place whilst the ceiling panels were being removed - a serious failing on the part of both companies.

"Every month more than a thousand people suffer serious injuries as a result of slips, trips and falls in the workplace. These shattering injuries can be easily avoided.

"Employers and organisations that use agency workers have a joint responsibility to ensure the safety of all staff who work on site. Each party needs to be clear about their responsibilities to avoid serious incidents such as this."

Ed - see guidance note:  www.hse.gov.uk/pubns/indg368.pdf

 

Wigan firm sentenced after worker's finger severed

[4]Defendant:	B&B Group Ltd
Offences:	Regulation 11(1) PUWER 1998
Penalty:	Fine:	£12,500	Costs:	£1,703

 

A Wigan manufacturer B&B Group Ltd has been sentenced after a worker lost part of his index finger in a drilling machine.

The 46-year-old employee from Leigh was drilling holes through an iron bar when his right hand got caught in the drill. His index finger was severed below the first joint, his middle finger was badly cut, and his ring finger was dislocated.

 

B&B Group Ltd was prosecuted by the HSE following the incident at its factory on Dobson Parkway in Ince on 24 September 2009. The HSE investigation found the company failed to provide a machine guard around the drill bit to protect employees working on the equipment.

The court heard the drill took 30 seconds to stop after being switched off. It was still rotating as the worker reached to turn it on again after moving the iron bar to drill another hole. The glove on his right hand got caught in the rotating mechanism and pulled his hand into the machine.

B&B Group Ltd pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. The company, of West Bridgewater Street in Leigh, was fined £12,500 and ordered to pay costs of £1,703 at Trafford Magistrates' Court in Sale on 21 January 2011.

Adam McMahon, the investigating inspector at HSE, said:

"A worker has suffered a life-long injury to his right hand because B&B Group did not make sure basic health and safety measures were in place at its Wigan factory.  Manufacturers who fail to prevent access to dangerous parts of machinery are breaking the law and we will continue to take enforcement action against them.

"If there had been a guard around the rotating drill at the factory then the worker's injuries would almost certainly have been avoided. This case highlights how important it is for manufacturers to make sure the health and safety of staff is their top priority."

Ed - Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 states: "Every employer shall ensure that measures are taken...which are effective to prevent access to any dangerous part of machinery or to any rotating stock-bar, or to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone."

Grimsby firm fined after worker's fall

[4]Defendant:	H. Cope & Sons Ltd
Offences:	S2(1) HSWA
Penalty:	Fine:	£12,000	Costs:	£3,570.80

A demolition worker had his career halted after suffering severe injuries in a fall through a garage roof.

The man shattered his leg and broke his wrist after falling seven feet through a fragile asbestos cement roof when helping to demolish a block of single-storey garages in January 2009.

The court was told the man's employer, Grimsby demolition firm, H. Cope & Sons Ltd, was working on sites throughout North East Lincolnshire where garages were being demolished.

The employee had only started with the company 4 months earlier. He and another worker were at a site in Walmsgate Place in Grimsby and he was on the roof of one of the garages when it gave way.

The man had to have several operations to insert pins and plates into his limbs and needed to use crutches for more than a year. He has been unable to work since the incident in January 2009 and, despite bouts of reconstructive surgery, is in constant pain. He is unlikely to ever work in the construction industry again.

After the incident, HSE's investigation found the firm's planning was inadequate and failed to take into account how the garages were constructed. Supervision was so poor the firm was unaware employees had to go onto the roofs to dismantle them and break asbestos cement flashings.

And although the firm had identified equipment that should have been provided, such as a tower scaffold and dust suppression spray, plus basic facilities like toilets, it failed to provide them.

The HSE prosecuted H. Cope & Sons Ltd, of Moody Lane for breaching their duty in Section 2(1) HSWA.  The company was fined a total of £12,000 with costs of £3,570.80.

HSE Inspector Dave Bradley said:

"This incident has had a devastating and long-term impact on the man involved. Sadly, it was also totally avoidable.  Demolition work needs to be properly planned and supervised, regardless of the size. Also, to allow demolition work on structures containing asbestos cement without the provision of any welfare facilities is completely unacceptable. Buckets in the back of a van - as was evident in this case - do not constitute welfare facilities."

 

Burnham furniture firm fined after worker injured

[4]Defendant:	Machine Hire Ltd
Offences:	S2(1) HSWA
Penalty:	Fine:	£12,000	Costs:	£3,570.80

An employee almost severed his arm when cutting wood on an industrial saw.  He had barely been trained to use.

Daniel Gaskin, 28, a furniture assembler from Burnham-on-Crouch was working at Machine Hire Ltd, on the Burnham Business Park when the incident happened on 17 March 2010.

Chelmsford Magistrates' Court heard how, just ten weeks after starting his employment at Machine Hire Ltd, Mr Gaskin cut most of the way through his left arm as he was slicing up wooden off-cuts with a 'cross cut' saw.

During the HSE prosecution the court was told that prior to the day of the incident, Mr Gaskin was given only five minutes instruction in operating the saw, on which he had no previous experience.

The HSE investigation found the actual saw was unsuitable to be used for training; the standard of training given was seriously deficient and did not include instruction on the machine's guards or how to use them properly.

Inspectors concluded that a properly adjusted nose guard would have prevented the incident.

Machine Hire Ltd from Burnham Business Park, Springfield Road admitted to breaching regulation 9(1) of the Provision and Use of Work Equipment Regulations. The company was fined £12,000 with £3,500 costs.

HSE Inspector, Vicky Fletcher, said:

"This was a serious and entirely preventable incident which left this employee with horrific injuries.  Machine Hire Limited failed to ensure only properly trained employees had access and authorisation to use the saw.

"Whoever is instructing people in the use of such machinery they must be competent not just as machine operators but also as trainers. Training needs to include how to properly use all the safety features of a particular machine and needs to be backed up with sufficient supervision to make sure standards by all staff are maintained.  This company had access to the necessary standards but failed to implement them."

Ed - Regulation 9(1) of the Provision and Use of Work Equipment Regulations states "Every employer shall ensure that all persons who use work equipment have received adequate training for purposes of health and safety, including training in the methods that may be adopted when using the work equipment, any risks which such use may entail and precautions to be taken."

This is supplemented in the Woodworking Industry by the Approved Code of Practice and Guidance 'Safe use of woodworking machines.' This includes specific guidance on the kind of material to be included in any in-house training course.

For specific advice on supervision of working with saws and similar equipment see http://www.hse.gov.uk/pubns/indg440.pdf

 

Property company ignored order to keep workers safe

[4]Defendant:	Merlin Homes (Wales) Ltd
Offences:	S33(1) HSWA - breach of prohibition notice
Penalty:	Fine:	£10,000	Costs:	£7,700

 

A property company in Aberystwyth was summoned to court after putting its workers at risk and then ignoring an order to improve safety.

The HSE issued a prohibition noticed to Merlin Homes (Wales) Ltd on 12 February 2010 to stop work behind their development at Parc Y Bryn, off North Road in Aberystwyth, as there was a risk that the bank behind the properties could collapse.

 

The Merlin Homes (Wales) Ltd development at Parc Y Bryn, Aberystwyth

The company had failed to take steps to prevent materials falling from the slope endangering employees working below it.

However, despite the prohibition notice Aberystwyth Magistrates' Court heard that HSE had found the company at work behind the site, failing to act upon the enforcement notice.

Merlin Homes (Wales) Ltd, of Glanyrafon Industrial Estate, Aberystwyth pleaded guilty to contravening the prohibition imposed by HSE by allowing people to work in a prohibited area under Section 33(1) of the Health & Safety at Work Act 1974. The company was fined £10,000 and ordered to pay £7,700 costs.

After sentencing HSE inspector Philip Nicolle said:

 

The Merlin Homes (Wales) Ltd development at Parc Y Bryn, Aberystwyth

"Merlin Homes (Wales) Ltd failed to take the appropriate health and safety measures to ensure that all employees on site were working in a safe environment.  Having received a prohibition notice the company should have followed procedures and put correct working practices in place. But they ignored this binding legal order and continued putting contractors at risk from falling or dislodged materials in full knowledge of the potential dangers.  This is clearly unacceptable and companies should be aware that ignoring enforcement notices and putting workers at serious risk will see them in court."

Ed - Regulation 33(1) of the Health & Safety at Work Act 1974 states that "It is an offence for a person to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal)."

 

Contractor fined after labourer has leg amputated

[4]Defendant:	Howper 291 Ltd  (formerly Urang Ltd)
Offences:	S3(1) HSWA
Penalty:	Fine:	£10,000	Costs:	£4,172

A Hammersmith company has been fined after a worker had his leg amputated following a fall at a property in West London.

The court heard that on 12 November 2007, Howper 291 Ltd (formally known as Urang Ltd), were refurbishing a domestic mews property in Roland Way, South Kensington.

Lukasz Taborek, 23, from Acton in Ealing, was working on the first floor when it collapsed. He fell more than three metres to the floor below and falling materials then pinned him to the floor.

His right foot was completely crushed and veins and his calf muscles had to be surgically removed. His lower right leg was eventually amputated.

The HSE found Urang Ltd were contracted to manage the refurbishment and assigned a project manager with no health and safety training.

City of London Magistrates Court heard the project manager visited the site for two hours every other day.  She did not give the project the adequate supervision required and by her own admission was not trained in construction, nor was her manager experienced in construction.

The first floor was incorrectly built by sub-contractors, who had left the site a month prior to the incident. Concerns regarding the general safety and tidiness on site had also been raised on more than one occasion by the architect.

HSE's inspector Peter Collingwood said:

"This incident was entirely preventable. Had there been adequate management and supervision of the site, this terrible incident could have been avoided.  This highlights the need for competent supervision to be present on site, so that any significant risks can be managed and controlled effectively."

Howper 291 Ltd, of New Kings Road, Hammersmith in London, pleaded guilty to breaching section 3(1) of the Health and Safety etc. at Work Act 1974 at the City of London Magistrates' Court. They were fined £10,000 and ordered to pay costs of £4,172.

Firm fined after worker's thumb and finger sawn off

[4]Defendant:	G J Bream & Son Ltd
Offences:	S3(1) HSWA
Penalty:	Fine:	£10,000	Costs:	£4,026.55

A construction and building firm based in Bury St Edmunds was fined after a worker's finger and thumb were amputated by a moulding machine.

David Head, 24, a bench joiner of Rubens Walk, Sudbury was shaping a piece of timber at the G J Bream & Son Ltd joinery workshop in Chevington, Suffolk on 10 June 2010, when it caught in the cutter and dragged his left hand into the blades.

Bury St Edmunds Magistrates' Court heard the thumb and index finger on Mr Head's left hand were amputated and the remaining fingers severely cut. Reconstructive plastic surgeons at Addenbrooke's Hospital were able to reattach the thumb and finger, but Mr Head will only be able to regain half their use.

An HSE investigation found the company was not using the correct work holders, known as 'jigs', to keep workers' hands clear of the cutting machinery.

Inspectors also found the company had not assessed the risks associated with this task properly, nor did they supervise or train staff properly for work with dangerous machinery.

G J Bream & Son Ltd of 30 St Andrews Street South, Bury St Edmunds, Suffolk, admitted breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £10,000 and ordered to pay £4026.55 in costs.

HSE Inspector, Ivan Brooke, said:

"This was an horrific incident which has left a young man with permanent damage to his left hand.  Incidents like this are entirely preventable with the right training, supervision and equipment. HSE will always look to take action against employers who break the law by failing to put these measures in place."

Ed - for specific advice on supervision of working with saws and similar equipment see http://www.hse.gov.uk/pubns/indg440.pdf

Defendant	Offences	Penalty	Details
2010 Rotherham Limited	S3(1) HSWA	Fine £7,000 Costs £3,418	Exposure of worker to 50 times legal limit of asbestos fibres - work on refurbishing Council houses
Cheshire East Council	Regulations 5(1) and 6(1) of the Control of Vibration at Work Regulations 2005	Fine £5,300 Costs £5,860	Employee suffering hand arm vibration syndrome (HAVS) www.hse.gov.uk/vibration/hav[1]
Powersystems UK Ltd	S2 HSWA	Fine £5,000	Employee burnt coming into contact with 11kV
KC's Doner Ltd Ozgul Balciner	Reg11 PUWER S37 HSWA	Fine £5,00 Fine £4,000 Costs £10,000	Breach of 6 prohibition notices Access to dangerous moving parts
LD Heywood Ltd Leslie Heywood	S2 HSWA S37 HSWA	Fine £5,000 Costs £2,500 Fine £5,000 Costs £2,500	Farm worker fell through roof fracturing his skull when carrying out repair work.
John Handley	S3(1) HSWA	Fine £5,000 Costs £4,000	Worker fell beneath the front wheel of a telehandler which was carrying a swaying load.
JKL Industrial Services Ltd	Reg 11 PUWER	Fine £5,000 Costs £2,534	Young employee lost parts of 2 fingers on first day at work - hand trapped in power press.
Ian Stanley Bond	S2(1) HSWA Reg 3 MHSWR	Fine £5,000 Costs £8,790	Quarry owner prosecuted - employee injured by stone falling from a fork lift - breaking leg in 2 places.
TLC Glazing Ltd	S33(1)(g) HSWA - breach improvement  notices	Fine £5,000 Costs £1,968	Absence of welfare facilities - breach of improvement notices compelling improvements
Bizspace Investments Ltd	S2(1) HSWA	Fine £5,000 Costs £9,000	3 workers fell through skylights on same industrial estate - one paralysed.
Mansfield District Council	Reg 4(1) Work at Height Regulations 2005	Fine £5,000 Costs £5,700	Litterpicker injured after falling into unguarded dry well - failure to plan work and carry it out safely
(1) Northamptonshire NHS Teaching Primary Care Trust (2) NUTEC Security Systems Ltd (3) Paul Beeby	(1) Reg 16 CoAR 2006 and Reg 5(1) MHSWR 1999 (2) Regs 5(a), 10 (1)(a) CoAR 2006. (3) Reg 5(a) CoAR 2006	Fine £4,000 Costs £1,755 Fine £4,200 Costs £1,755 Fine £1,200 Costs £1,755	NUTEC were employed to upgrade security at Isebrook Hospital.  Their cabling work released asbestos fibres into the hospital - which had remained open during the work. Director Paul Beeby of NUTEC undertook the asbestos surveys had not accessed the areas where the work was to take place beforehand. Lack of planning.
Saleh Properties Ltd	Reg 9 (1)(a) and 28 (2) Construction (Design and Management) Regulations 2007 and two breaches of Regs 6 (3) Work at Height Regulations 2005	Fine £4,000 Costs £1084	Demolition of disused factory in unsafe fashion
James Gammie (a firm)	Reg 11 PUWER	Fine £3,000 Costs Nil (S)	Unguarded screw conveyor - risk of injury
Ixxy's Bagels Ltd	Reg 5(1) PUWER	Fine £2,250 Costs £9,719	Clearing dough blockage - severed fingers - unsafe machinery
DA Cook (Builders) Limited	S2 HSWA	Fine £2,000 Costs £3,800	Lifting materials at height without protective measures o appropriate planning or risk assessment

HSE Announcements

Scissor lift safety warning following fatal overturns

Users of certain types of scissor lifts are being advised to make daily safety checks after five people were killed in three separate incidents when they overturned.

A safety alert has been issued by the HSE to warn service and maintenance engineers and those in the construction industry who use, or lease out, JLG 500RTS and 400 RTS scissor lifts, to ensure that safety critical components are working correctly.

In all three fatal overturn incidents in Europe over the past four years:

• the oscillating axle which allows the machine to be driven on uneven ground with the platform in the transport position failed to lock when the platform was raised.
• the lift/drive interlock system did not work allowing the platform to be elevated above 6.7m without the stabilisers being deployed.

Owners of both these types of scissor lifts are being advised to ensure that the oscillating axle lockout system and the lift/drive cut out switches are checked for correct functioning (in accordance with the manufacturer's recommendations) before the machine is next used and that users complete daily inspections and function testing of both elements.

Said HSE inspector Richard Clarke:

"Though this safety alert is primarily to warn those who own and use these specific models of scissor lift, and those with similar interlock systems, it should serve as a reminder to all users of mobile elevating work platforms that there is a need to regularly maintain, inspect and test the equipment. This isn't just recommended by manufacturers but is also required by law.  Used as directed and with all the necessary checks, we continue to recommend the appropriate use of mobile elevating work platforms as a tool to enable work at height to be carried out safely."

Ed - The safety alert can be viewed in full at http://www.hse.gov.uk/safetybulletins/scissorlifts.htm

 

Findings released on Shrewsbury gas explosion

The HSE has released its report of its investigation into the explosion in Shrewsbury town centre on 3 January 2010.

HSE's investigation has revealed no evidence of any breach of relevant safety legislation and consequently HSE will not be taking any enforcement action in this case.

The explosion at 1-5 Bridge Street resulted in six people suffering major injury while a number of properties in the area sustained significant damage. A number of people also suffered minor injuries.

The HSE concluded that:

• Mains gas leaked from a fractured low pressure cast iron gas main located in the footway immediately in front of 1-5 Bridge Street.
• The gas accumulated within 1-5 Bridge Street and was ignited by a source within the building leading to the explosion.
• Stresses imposed by the local ground conditions near to the main may have contributed to the unpredicted failure of the main.
• There is no evidence of failures by the pipeline operator or any other company or individual to warrant prosecution.

Under health and safety law gas operators are required to maintain their networks in a safe condition. Many older gas mains are made from cast iron, a programme is in place to decommission and replace it with new polyethylene (yellow) pipes.

The lead HSE investigating Inspector Nicola Wade said:

"This has been a complex investigation, involving many hours of work and forensic analysis to understand exactly what happened on 3 January 2010.  The most likely cause of the explosion is that gas escaped from the fractured gas main and ignited nearby, despite no previous reports of a gas leak in the area. The gas main was correctly classified as low risk, it had been subject to stresses over time, causing a fracture.

I would like to thank all those who assisted with the investigation, in particular those injured in the explosion and their families. West Mercia Police, Shropshire Fire & Rescue Service and Shropshire County Council were crucial in coordinating the rescue effort and making the area safe, allowing further investigation and repair work to be completed."

A copy of the report summary can be found on HSE's website at http://www.hse.gov.uk/gas/supply/shrewsbury-explosion-report.pdf

 

Consultants invited to sign up for new benchmark register

Health and safety consultants are being invited to sign up to a new independent register from 31 January 2011 that is intended to become a new benchmark for standards in the profession.

The Occupational Safety and Health Consultants Register (OSHCR) is being set up in response to recommendations in the Government-commissioned report on the UK health and safety system - Common Sense Common Safety.

It aims to increase employers' confidence in accessing good quality, proportionate advice and also to address concerns that some employers - especially SMEs - can find it difficult to know how and where to get external health and safety advice.

OSHCR has been established by a number of professional bodies representing general safety and occupational health consultants across the UK, with support from the HSE.

The register, which is voluntary, is open to individuals who provide commercial advice on general health and safety management issues and who have achieved at least one of the following:-

• Chartered status with IOSH (Institution of Occupational Safety and Health); CIEH (Chartered Institute of Environmental Health); or REHIS (Royal Environmental Health Institute of Scotland) with health and safety qualifications
• Fellow status with IIRSM (International Institute of Risk and Safety Management) with degree level qualifications
• Member or Fellow status with BOHS (British Occupational Hygiene Society) Faculty of Occupational Hygiene
• Registered Member or Fellow status with IEHF (Institute of Ergonomics and Human Factors).

In addition, all consultants wishing to join the register will be asked to declare that they will:

• Demonstrate adequate continuing professional development;
• abide by their professional body's code of conduct;
• provide sensible and proportionate advice; and
• have professional indemnity insurance or equivalent to cover the nature of their duties.

The application process will include a check of an individual's membership status with the relevant professional body.

Speaking on behalf of all the organisations involved in developing OSHCR, HSE Chair Judith Hackitt said:

The application fee will be £60, but applications received by 30 April will be subject to a discounted fee of £30. The fee, which is non-refundable, covers the cost of processing the application and is payable annually on renewal of registration. Individuals who apply to join the register during the discounted period will be given a registration renewal date of 30 April 2012.

To apply to join the register visit www.oshcr.org

The register will be freely accessible and searchable for employers from early spring.

 

Consultation opens on RIDDOR change

The HSE has opened a three-month consultation on proposed changes to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995.

Changes to RIDDOR were recommended in the Young report on health and safety published last year, which contained a proposal to increase the threshold for reporting workplace injuries to seven days.

Under current rules when an employee is absent from work for more than three days following an incident, employers are required to report the injury to the relevant enforcing authority - either HSE or the local council. The proposed amendment increases this 'over three day' period to over seven consecutive days.

The change would align the incident reporting threshold with that for obtaining a 'fit note' from a GP for sickness absence, and would ensure that someone who has suffered a reportable injury has had a professional medical assessment.

The consultation paper is available online at www.hse.gov.uk/consult/condocs/cd233.htm

The deadline for responses is 9 May 2011.

 

Environment Agency Prosecutions

Biggest criminal probe into electrical waste exports goes to trial

Eleven defendants have been committed to stand trial in Basildon Crown Court in March, as part of the biggest investigation ever carried out by the EA into the illegal export of electrical waste from the UK to developing countries.

Havering Magistrates Court heard 11 out of 15 defendants face charges of related to shipping prohibited waste under the Transfrontier Shipment of Waste Regulations 2007 and European Waste Shipment Regulations 2006.

The eleven committed are Joseph Benson & BJ Electronics Limited, Terence Dugbo, Nnamdi Ezechukwu and Reliance Export Limited, Godwin Ezeemo and Orient Export Limited, Prince Ibeh, Stuart McGuigan, Emmanuel Makete and Adrian Thompson. They will appear at Basildon Crown Court on 11th March.

Three further defendants have contested the evidence against them and will appear again at Havering Magistrates Court on 23rd February. The final defendant reserved their plea as they had instructed new solicitors.

 

Local landfill operator fined for polluting the Nant y Bradnant

[4]Defendant:	Sundorne Products (Llanidloes) Ltd
Offences:	S85 WRA 1991 Regulation 38(1)(b) Environmental Permitting (England and Wales) Regulations 2007
Penalty:		£83,722.03 fine and costs

Sundorne Products (Llanidloes) Ltd, based in Twylch, was found guilty after a four day trial at Brecon Magistrates' Court in December last year. The company was convicted of four charges, two relating to offences of polluting a stream; one by surface water and one by ground water.

The other two charges related to the company failing to comply with the terms and conditions of its permit - by exceeding permitted Ammoniacal Nitrogen emissions, and failing to report these emissions, which resulted in a pollution incident.

At the sentencing hearing on 24 January 2011, at Brecon Magistrates Court, the company was ordered to pay fines and costs of £83,722.03, to be paid within 21 days.

The Bryn Posteg Landfill site, owned and operated by Sundorne, operated under the terms of a PPC (Pollution Prevention and Control) Permit. The permit was designed to protect the local environment, including the Nant Y Bradnant stream, which arises from the point where the surface water from the landfill leaves the site. The permit established and put in place limits as to how much ammonia and other substances could be discharged from the site into the stream.

For the EA Counsel Chris Stables told the Court that on 25 January 2008 water samples were taken at the site and from the stream which showed higher than permitted ammonia levels. Subsequent investigations on 29 January 2008 found that the pollution of the Nant Y Bradnant was continuing to occur, though at a slightly lower level.

Evidence of the stream's pollution was seen by officers in the form of extensive growth of sewage fungus. The first 300 metres of the stream from the area of the landfill site had an extensive thick covering across the bed and banks. Pollution was evident along the entire length of the Nant Y Bradnant up to the confluence with the River Severn; a total distance of over 3km.

During a site visit by officers, on the 29 January 2008, evidence was seen of system failures onsite.

By causing this pollution incident the company breached its permit conditions relating to emission limits, allowing polluting substances to enter surface and groundwater and then failed to notify the Environment Agency without delay of a significant pollution incident.

Tony Leaky, Environment Agency site officer, said "We've recently given approval to the company for the installation of a reed bed system at the landfill to treat surface water. This investment by Sundorne will help to minimise the risk of further events such as those leading to this prosecution."

In mitigation, it was said that, though polluting, the discharges had not been either poisonous or noxious, and that there had been no risk of harm to human health. The course of the River Severn itself had not been polluted, and the pollution of the Nant Y Bradnant had persisted for a matter of weeks only.  

 

Big fine for waste breaches

[4]Defendant:	Associated Waste Management Limited
Offences:	S 33 (1) (a) EPA 1990 ?
Penalty:	Fine	£61,000	Costs	£8,500

 At Bradford Magistrates' Court, Associated Waste Management Limited ("AWM") pleaded guilty to three environmental offences in relation to three different sites in West Yorkshire.

The company, of Victoria Works, Barnard Road, Bradford, asked for a further two offences to be taken into consideration. It was also ordered to pay agreed prosecution costs of £8,500.

Craig Burman, prosecuting for the EA said environment officers attended Ripley Road in Bradford in June 2009, after a fire at commercial premises, and found waste on the ground, in skips and baled up plastics and paper.

Officers estimated this totalled more than 5,600 cubic metres of waste. Regulations governing the operation of this site required all recyclable waste and metals to be stored separately but the waste was mixed together.

A company representative explained that the waste at Ripley Road had been brought on site from its Canal Road premises in Bradford and accepted it had "messed up" by not separating the different types of waste. Records indicated 131 lorry loads of waste had been transported to Ripley Road from Canal Road.

Mr Burman told the court that AWM holds an environmental permit for its Canal Road site, which receives, stores and processes different types of waste.

The two offences taken into consideration related to Canal Road in June 2010, when waste was not stored in accordance with the conditions of the environmental permit, causing odours which led to 56 complaints in a two-month period.

Also in June 2009, environment officers inspected Badger Lane in Hipperholme, after being alerted by West Yorkshire Fire and Rescue Service. In the remains of a large commercial building, they found about 50 bales of waste and a large quantity of loose mixed waste.

Waste in the bales was made up of plastic, drinks cans, sweet and snack wrappers, toys, food, household waste, paper and books.

AWM told the EA in interview that when it took over the site it had contained mixed waste, which the company had moved to its premises in Canal Road to be baled up before being returned to be stored at Badger Lane. AWM accepted some of the waste found at Badger Lane had come from Canal Road.

The court heard Environment Agency officers were tipped off about activity at Lower Hazelhurst Farm in Wainstalls, Halifax, which they visited on 15 July 2009 to find a vehicle tipping mixed waste.

The AWM lorry was tipping shredded waste which included plastic, metal, glass, paper and textiles.

Environment officers carried out tests at the farm later that month and found a "significant amount" of shredded mixed waste, which had been covered over with a layer of top soil.

AWM was not involved in covering the waste and, when the company was made aware it had been tipped there, it arranged for the removal of 273.5 tonnes of waste at its own cost.

When interviewed, a company director blamed driver error for the mistake.

Mr Burman said the repeat offending was an aggravating feature of the case, as were the ongoing failures in managing waste leaving the Canal Road site. The court heard that the offences had a negative impact on neighbours.

In mitigation, the court heard that AWM had co-operated with the Environment Agency investigation and took prompt steps to remove the waste once the offences were brought to its attention.

The bench gave the company credit for its guilty pleas but said the offences were serious and repeated breaches of AWM's environmental permit should not have happened.

The magistrates said they were satisfied that the offences had not involved hazardous waste and were not committed deliberately or for commercial gain.

 

Almost £70,000 in fines and costs for Eastside 2000

[4]Defendant:	Eastside 2000 Ltd
Offences:	S 33 (1) (a) EPA 1990
Penalty:	Fine	£35,000	Costs	£33,638.81

On 10 January 2011, Eastside 2000 Ltd, of Fordshill Road, Hereford, pleaded guilty at Hereford Magistrates' Court to one charge of depositing waste illegally on land at Five Bridges, Dormington, Hereford.

A significant amount of wood chip which contained plastics, foam, paint and chipboard was deposited within the confines of a wood that was owned by the Eastside 2000. This land did not hold a waste management licence.

The court heard that this was financially motivated to avoid paying costs to dispose of the waste in a legitimate manner.

The defence accepted that there was a deposit of significant amount of waste which resulted in a financial gain.  However, the company removed the waste when asked by the Environment Agency.

The company was fined £35,000, ordered to pay £33,638.81 in costs, along with a £15 victim surcharge, totalling £68, 653.81.

Speaking after the case,  Andrew Osbaldiston, Senior Environment Officer for the Environment Agency said: 'Illegal waste disposal activities are a problem across England and Wales.  I am pleased that the court has recognised this and has taken the issue seriously, which is reflected in the heavy fine issued to Eastside 2000. We hope this will act as a deterrent to others who may consider disposing of waste illegally.'

In mitigation, the company said the wood chip deposit was initially used for suppressing weeds on the site.

 

Anglian Water to pay £42,000

[4]Defendant:	Anglian Water Services Ltd
Offences:	S 85 WRA 1991
Penalty:	Fine	£35,000	Costs	£7,234

For more than three hours an Anglian Water sewage treatment works discharged sewage into the River Wid in Essex killing hundreds of fish and hundreds of invertebrates.

The company was fined £35,000 and ordered to pay full costs of £7,234.

The incident in September 2009 affected more than 2km of the river and was categorised as the most serious by the Environment Agency.

Harlow Magistrates' Court sent the case to Chelmsford Crown Court for sentence after hearing details of the offence at Wyatts Green Road, Doddinghurst.

Mrs Anne-Lise McDonald prosecuting for the EA told the court that Anglian Water records showed that there were power problems on site all weekend.  There is a back-up generator on site for power failures.

She said that on the night of the offence, there was a power failure at the site and the emergency generator failed to operate. The lack of power meant that the works discharged directly into the river.

An electrician sent to Doddinghurst STW called Anglian Water operations management centre at 9.25pm to ask why he had been sent there.

He said he thought he had been sent to turn off the back-up generator but when he did, everything at the works stopped so he turned it back on again. He was told to leave the generator running, the court was told, but 10 minutes later it stopped working and he thought the fuel had run out. 

Neither the electrician nor the operations staff knew where to get more fuel.  An employee dispatched to get more from Chelmsford works was diverted before he could get it back to Doddinghurst. 

"The duty manager seemed unaware that Doddinghurst works had completely failed and was discharging sewage into the river," said Mrs McDonald.

At 1.20am the electrician found and checked the main power supply for the works.  "The electrician turned the isolator off and on again and the power came back on", said Mrs McDonald.  It was not clear, she said, whether the power failure was due to the electrical supply to the works or to a fault on the main power supply within the works.

"But the main supply was not checked for two and a half hours because the electrician said he was unaware of its location and he said there was no schematic on site to enable him to find it".  She told the court that after the incident Anglian Water could find no fault with the isolator.

It was 3.20am the following day before there was confirmation that the tank was fuelled.

The site treatment manager told investigating officers that due to thefts of fuel at the site only a limited amount was kept there but he thought there was enough fuel to get more if needed. 

In mitigation Miss Sarah Le Fevre said that there were procedures in place to deal this type of incident but they were not followed.

She said there was fuel in an external tank but that the pump supplying the internal tank had tripped and the electrician failed to check it.  She said the electrician had also failed to check the isolator switch.

After the hearing Environment Agency officer Tim Poulding said: "A catalogue of errors led to this pollution seriously affecting wildlife on the upper stretches of the River Wid.

"A large number of fish were killed and an aerator had to be used further downstream to compensate for low oxygen levels. An assessment of the water quality showed effects on the macroinvertabrate community consistent with acute pollution."

 

Concrete company fails to comply with packaging regulations

[4]Defendant:	Anderton Concrete Products Limited
Offences:	Producer Responsibility Obligations (Packaging Waste) Regulations 1997, 2005 and 2007 (as amended).
Penalty:	Fine	£36,000	Costs	£5,712.55	Compensation	£8,408

Anderton Concrete Products Ltd has pleaded guilty at Coalville Magistrates' Court to 18 offences under the Packaging Regulations, and asked for a further 12 to be taken into account.

The company was fined £36,000, ordered to pay £5,712.55 in costs, £8,408 in compensation, and a £15 victim surcharge.

The company, of Leicester Road, Ibstock, Leicestershire, should have been registered with the EA or a compliance scheme since the year 2000 and was obliged to recover and recycle packaging waste, as well as filing a certificate at the end of each year to confirm it had met these obligations. 

However, the company did not register with a compliance scheme until 2010.

The court heard a routine check by the EA in January 2010 established that the company should have been registered in previous years.

The company's explanation for failing to comply with the packaging waste regulations was that it was unaware that it was an obligated company under the regulations.

By failing to register, the company had avoided fees and other costs of £23,615.

Speaking after the case an Environment Officer said: "The packaging regulations are designed to reduce the amount of packaging used by businesses and increase the amount of packaging waste recycled. This case highlights the need for businesses to make sure they understand their responsibility."

In mitigation, the court heard that the company had entered an early guilty plea, had cooperated fully with the investigation and were not aware that the company were obligated under the regulations.  It was an oversight not a deliberate intention to evade the regulations. In addition, the company is now fully compliant.

 

Suspended 2 month sentence and curfew for Marston Montgomery farmer

[4]Defendant:	Alan John Frederick
Offences:	S85WRA 1991
Penalty:	Prison	2 Months susp	Costs	£5,000

On 27 January 2011, at Derby Magistrates Court, farmer Alan John Frederick Woodhouse of Old Hall Farm, Marston Montgomery, Ashbourne, Derbyshire pleaded guilty to polluting a local brook with slurry.

For the EA Jill Crawford told the court that, in September 2009, due to concerns about the way Mr Woodhouse dealt with the slurry and dirty water produced on his farm, the EA had asked him to produce a plan showing how he intended to manage the process better.

'When no plan was forthcoming by 3 December we issued an Anti Pollution Works Notice which formally requested him to produce the plan.

The following day, an Environment Officer visited Mr Woodhouse to discuss his application for a consent to discharge the effluent into a tributary of the Marston Brook. She noticed that the water in the tributary was a deep green/brown colour and smelled of farm effluent.

The EA collected formal water samples and other evidence on nine separate occasions between 07 December 2009 and 20 January 2010. They confirmed that an organic discharge had entered the watercourse and that ammonia levels were up to 50 times higher than we would generally expect to find in a clean watercourse. Ammonia occurs naturally in animal urine and faeces and is polluting and toxic to aquatic life.'

The levels of suspended solids in the watercourse were up to approximately 60 times the normal levels for a watercourse of this type. Suspended solids eventually settle on the stream bed affecting plants and the small creatures fish feed on.

A fish survey along 60 metres of the Marston Brook from where it was joined by the unnamed tributary found only 3 bullheads, while just 4km away at Brocksford they found Roach, Dace, Chub, Bullhead, Minnow, Stone loach and Stickleback.

A check of local farms uncovered the fact that only Old Hall Farm produced slurry. Mr Woodhouse declined the Environment Agency's invitation to attend for interview and has not yet taken up our offer of an unbiased mediator to discuss the management options for slurry and dirty water produced at his farm.

Speaking after the case an Environment Officer who was involved in the investigation said "Despite our continuous efforts to help Mr Woodhouse improve the management of slurry and dirty water on his farm he continued to pollute the environment. I hope this case proves a deterrent to others who may be tempted to disregard their environmental responsibilities. We will not hesitate to prosecute if the situation warrants it."

In mitigation the farmer said that had made no profit in the last year, the farm will need to close because he has no money, feed has trebled in price and he only gets 25 pence per litre from his dairy cattle.

Mr Woodhouse was sentenced to two months in prison, suspended for twelve months, and a one-month curfew between the hours of 12.30am and 5.30am. The court also ordered him to pay £5,000 towards costs

£30,000 fine for illegal waste business

[4]Defendant:	Tracy Holloway  trading as National Used Car Spares
Offences:	Reg 12 Environmental Permitting (England and Wales) Regulations 2007 x2
Penalty:	Fine	£30,000	Costs	£3,894

An illegal waste business was carried on at Toynton All Saints, Lincolnshire, for more than a year despite advice and letters from the Environment Agency.

Skegness Magistrates' Court fined Tracy Holloway, trading as National Used Car Spares, a total of £30,000 and ordered her to pay £3,894 costs.

Mrs Sarah Nicholson, prosecuting for the Agency, told magistrates Holloway was informed of the need to be properly authorised to run the site and failed to follow advice to stop operating and clear the site.

An Environment Agency officer first went to the site on 1 July 2009 and saw that vehicles and parts were being stored and dismantled on the ground. Many of these vehicles still contained their fluids and there was evidence of oil on the ground.

The officer explained the regulations to Holloway and advised that she needed an environmental permit, planning permission and to register as a hazardous waste producer. She later confirmed that she had registered as a hazardous waste producer and consulted with the local authority about planning.

Mrs Nicholson told the court that a complete application for an environmental permit was received on 5 July 2010, however it had not been authorised by the date of the court case as there was no evidence of planning permission.

Magistrates were told that operations were still continuing in October 2010.  Vehicle parts were observed on the ground outside and inside the building on site. At the front of the site there were two areas of oily stained ground. 

Mrs Nicholson told the court that anyone operating a regulated waste site to recover or dispose of waste needed an environmental permit which was granted subject to a number of conditions to protect the environment and local communities from potentially harmful substances.

'Infrastructure must be designed to capture and contain any spillages. Liquids and vehicle batteries must be stored in secure conditions,' she said.

She explained that vehicles which had had the liquids removed were no longer classed as hazardous. Those that have not, needed to be stored and dismantled on non-permeable surfaces.

After the hearing Environment Agency officer Peter Stark said: "Mrs Holloway failed to respond to the advice we gave her and although there was some change to the way her business ran, the offences continued.

"She was aware of the need to be authorised after the first visit in July 2009".

 

Kent scrap firm hit with £26,600 penalty for illegal waste offences

[4]Defendant:	Ricky Hunn
Offences:	S34 EPA 1990  and reg 38 Environmental Permitting (England and Wales) Regulations 2007
Penalty:	Fine	£23,000	Costs	£3,600

The EA has prosecuted the owner of a Kent scrap company for illegally accepting and processing electrical and metal waste at his business.

Mr Ricky Hunn, who operates Scrapco Metal Recycling at Longfield Farm, Old Hay, Brenchley, Paddock Wood in Kent, appeared before Sevenoaks Magistrates Court on Thursday 25 November.  Mr Hunn pleaded guilty to two offences and was fined a total of £23,000 and was ordered to pay costs of £3,600.

The Court heard that Mr Hunn bought the site at Longfield Farm from another waste business during the summer of 2009. The licence covering the site only allowed the company to accept and process scrap metal in the form of cars and vehicles, but no permits for electrical waste or any other types of metals were in force. Mr Hunn applied for a licence to deal with general metals and a site visit was required by the Environment Agency to assess whether the site was suitable.

In November 2009, Environment Agency officers carried out a routine inspection of the site and found large quantities of metal waste on site as well as electrical waste intermingled with general scrap. Uncontained pools of contaminated oil were also found onsite which had flowed into the site's drainage system and into a nearby watercourse. Car breaking activities were also taking place which were not in line with the terms of the permit granted for the business and records of the wastes were not being kept.

A further inspection took place in January this year and this also found that scrap metal and a considerable amount of electrical waste were spread over the site and still being imported into the business. Staff were advised they were operating illegally and could face prosecution for their actions.

Further visits in February and March revealed that the illegal operations at Scrapco had continued and only limited improvements to the waste management activities on site had been made by the business.

Commenting on the case, Jamie Hamilton from the Environment Agency said: "Prosecution is usually a last resort for us, but it was clear that the situation at the Scrapco site could no longer be tolerated. Mr Hunn and his staff were repeatedly warned about the illegal waste activities taking place on the site but they chose to ignore our advice.   Sites that operate without the appropriate waste permits, as granted by the Environment Agency, are putting both the environment and human health at risk. They are operating without proper regulation and also have an unfair competitive advantage over legitimate

Contrary to Regulation 38 pf the Environmental Permitting (England and Wales) Regulations 2007.

 

Landfill operator fined in landmark ruling

[4]Defendant:	Waste Recycling Group
Offences:	Environmental Permitting Regulations 2007 and the Pollution Prevention and Control Regulations 2000
Penalty:	Fine	£20,000	Costs	£8,169

A leading UK waste management and energy recovery company from Berkshire was ordered to pay 28,169 by magistrates following a landmark prosecution for gas emissions.

Waste Recycling Group (WRG) Central Limited, which manages Hermitage Landfill site near Newbury, Berkshire, pleaded guilty to two offences under the Environmental Permitting Regulations 2007 and its predecessor the Pollution Prevention and Control Regulations 2000.

Newbury Magistrates' Court ordered the company to pay £20,000 in fines, £8,169 in costs and a £15 victim surcharge, a total of £28,184. This is the first time the Environment Agency has prosecuted a landfill company for gas emissions.

The court heard that WRG is responsible for the site, which was used to dispose of waste from local households and businesses. The landfill site has not been in use since 2004 and was covered with a clay cap and restoration soils to completely bury and contain the waste. The site is regulated under the terms of an environmental permit issued by the Environment Agency.

Part of WRG's environmental permit is to ensure a system is in place to capture the landfill gas which is produced by decomposing waste. The extraction system consists of a large number of wells that draw landfill gas out of the site and pump it to a flare. The flare burns the potentially harmful gas and converts methane to CO2.  An alarm system is activated if there is a fault with the flare to allow an emergency plan to be put in place. Regular monitoring of the site by the operator should also ensure that any problems with the gas collection are detected.

However, in May 2008 the site was being restored for agricultural use and on-site buildings were demolished as part of the work. The power supply to certain areas of the site was switched off, including the gas flare alarm system.

On 6 June 2008 the company found that a large number of perimeter boreholes had exceeded the permitted levels for methane and CO2. The alarm system had not alerted the company for up to two days between 4 - 6 June. The loss of the gas flare meant that there was no gas extraction across the landfill, resulting in gas escaping in several directions as well as the potential of it escaping into the atmosphere.

The company also failed to operate the site in accordance with the site management system between January and June 2008. A number of management procedures regarding the maintenance, upkeep and monitoring of the gas collection system and gas flare were not followed. 

During an interview with the company it was confirmed that the failure of the alarm was due to the disconnection of the electricity supply during the on-site work. It was also noted that no back up or replacement alarms were installed during the time that the electricity was switched off. The reason for the breakdown of the flare was also not established. 

Chris Young, an Environment Agency Pollution Prevention and Control Officer, said: "The conditions of a permit require operators like WRG to ensure closed landfills are managed in a way that protects the environment and not add to the effects of climate change.

"Landfill sites can produce a significant amount of greenhouse gases long after the site has closed which needs to be carefully controlled. The defendant was not managing the landfill in accordance with its site management system and was unaware that the gas flare had failed.

"The Environment Agency takes its role in combating climate change seriously. We have been strengthening the permits issued to landfill operators to ensure that we are doing the best we can for the environment. A prosecution for gas emissions is one of the first of its kind and serves as a reminder to operators that they must take their obligations seriously."

The magistrates said: "We take environmental offences very seriously. We accept that there was no financial gain and that this incident was careless. However, the defendant is a large professional waste company and should have known their business. We recognise that the defendant has co-operated fully and have taken their mitigation into account. "

During mitigation in court, WRG stated that it had taken steps to rectify matters following the incident, including notifying the Environment Agency and extensive monitoring of gas. It also conducted a review of the management procedures and had spent a considerable amount on environmental matters. It had co-operated fully with the Environment Agency and pleaded guilty at the earliest opportunity.