Salmon farming company fined after worker drowns

Defendant	West Minch Salmon Ltd			Stornoway Sheriff Court
Offence(s)	S2 HSWA			9 November 2011
Fine	£70,000	Costs	Nil-Scot

A salmon farming company has been fined £70,000 after a worker drowned in Loch Heather, on the Isle of Lewis.  Peter Kenneth Duce, aged 61 years, drowned on 26 February 2008, when the boat he and four colleagues were using to inspect fish cages filled with water and capsized.

An investigation by the HSE found that risk assessments prepared by West Minch Salmon Ltd for workers travelling to and from the fish cages were not suitable or sufficient and that the company had failed to provide operating instructions for safe use of the boat used for the task.

The court heard that the boat had been overloaded on a regular basis as the manufacturer's recommendation was that it should carry a maximum of three people.

The HSE's investigation also revealed that although a range of buoyancy equipment had been provided by the company they had failed to issue clear advice and instructions on how to use it causing confusion amongst staff.

After the hearing, HSE Inspector Ann Poyner said:

"If West Minch Salmon Ltd had carried out a sufficient risk assessment and either provided a higher capacity boat or provided and implemented a safe procedure for using the boat that was provided to travel to and from the fish cages in the loch, then this incident would not have happened.

"There was a maximum load capacity for the boat used by employees, which if exceeded made it more liable to becoming swamped with water and over turning."

 

Housebuilder fined after child seriously injured

Defendant	BDW Trading Ltd			Paisley Sheriff Court
Offence(s)	S3 HSWA			29 November 2011
Fine	£20,000	Costs	Nil-Scot

A house-builder has been fined £20,000 after a young boy was seriously injured when some timber roof trusses fell onto him.  The eight year old boy was playing with friends on 28 April 2009 when they got into an unsecured storage area on a construction site at Meadowbrook, Linwood, near Paisley. The development was nearing completion and the house-builder, BDW Trading Ltd, had sold some of the finished houses and there were people living in them while work continued on the remaining homes. The young boy and his family had moved into one of these new houses.

As the children were playing in the storage area, some timber roof trusses fell onto the boy, trapping him underneath.

He was rescued by two neighbours who managed to lever the roof trusses up off him, allowing him to escape. One of the neighbours drove the boy home, and his father immediately took him to the Royal Alexandria Hospital in Paisley. However, his injuries were so serious that he was transferred to Yorkhill Children's Hospital in Glasgow.

The boy sustained a serious injury to his liver and had abdominal bleeding, and was kept in hospital for eight days. In the months following the incident, he developed a number of anxiety-related symptoms such as nightmares and poor concentration.

An investigation by the HSE found that the construction site was only partially fenced, and as a result there was a large gap at the side and rear which meant that the site could be easily accessed by members of the public, including children.

The investigation also revealed that the roof trusses had, at some point, been stacked upright which made them unstable and more likely to fall over.

Paisley Sheriff's Court heard that when an HSE Inspector visited the site, BDW Trading Ltd were not aware that there had been an incident and that a young child had been injured.  The Inspector served an Improvement Notice to the company requiring them to improve site fencing to prevent any further unauthorised access.

After the hearing, HSE Inspector Gerry McCulloch said:

"BDW Trading Ltd knew that families were living right next to of the construction site, and as such the safety of children should have been a primary consideration.

"If the company had taken the straightforward precaution of fencing off the construction site, the children would not have been able to get into the area and this young lad would not have received potentially life-threatening injuries."

 

Industrial waste firm in court after forklift hits worker

Defendant	Collier Industrial Waste Ltd			Trafford Magistrates' Court
Offence(s)	Reg 17(1) Workplace (Health, Safety and Welfare) Regs 1992			4 November 2011
Fine	£20,000	Costs	£9,410

A Trafford firm, which treats industrial waste, has appeared in court after one of its employees suffered life-threatening injuries when he was hit by a forklift truck.

Collier Industrial Waste Ltd was prosecuted by the HSE after the 35-tonne vehicle reversed into a worker at its plant on Nash Road in Trafford Park on 14 January 2010.

The 60-year-old from Wirral suffered severe injuries in the incident, including damage to internal organs and multiple broken bones. He was in hospital for several months and has suffered some permanent injuries.

The HSE investigation found the company did not have sufficient systems in place to protect workers from reversing vehicles on the site. This could have included having marked walkways, a one-way system or making sure any reversing vehicles were guided by another worker on the ground.

Collier Industrial Waste Ltd admitted a breach of the Workplace (Health, Safety and Welfare) Regulations 1992 by failing to make sure pedestrians and vehicles could work safely.

Speaking after the hearing, HSE Inspector Daniel Longdon said:

"This was an entirely preventable incident which could have cost one of Collier's employees his life.

"There were several systems the company could have introduced to make sure workers were not put at risk by moving vehicles. Most of these would have been simple and inexpensive.

"If another worker had stood on the ground to guide the forklift truck as it reversed then this incident could have been avoided."

 

Companies fined after Arsenal stadium injury

Defendant	Sir Robert McAlpine Limited			City of London Magistrates' Court
Offence(s)	S3(1) HSWA			25 November 2011
Fine	£19,000	Costs	£10,000
Defendant	Skanska Utilities Limited
Offence(s)	S3(1) HSWA
Fine	£17,000	Costs	£10,000
Defendant	Maylim Limited
Offence(s)	S3(1) HSWA
Fine	£18,000	Costs	£10,000

Three construction companies were fined after a worker helping build Arsenal's Ashburton Grove stadium was injured so badly, his leg had to be amputated.

A dumper truck drove over the right leg of Michael O'Donovan, 41, from Bromley, while he was kneeling to clean steel 'shuttering' used to form reinforced structures and pillars.

His injuries were so severe his leg required amputation above the knee. His pelvis was also fractured in the incident on 30 June 2005.

Principal contractor Sir Robert McAlpine Limited and sub-contractors McNicholas Plc (now Skanska Utilities Ltd) and Maylim Limited were all prosecuted over the incident.

The City of London Magistrates' Court heard the HSE investigation showed all three companies had failed to ensure vehicles and pedestrians were properly segregated on site.

It also found the cleaning of shuttering was neither properly planned nor carried out safely.

Following the hearing HSE inspector Loraine Charles said:

"Traffic needs to be managed effectively on all construction sites. Had proper controls been in place, this appalling incident would never have happened. As it is, Michael O'Donovan has suffered a severe injury and his life has been changed forever.

"At construction sites, workers and vehicles need to be separated wherever reasonably practicable. There was no demarcation between the route the dumper took and areas where people could work or were working on this site. 

"None of these three companies had carried out a meaningful assessment of the risk to workers of being struck by plant in general and the dumper in particular."

Sir Robert McAlpine Limited, of Maylands Avenue, Hemel Hempstead, admitted breaching S3(1) HSWA, was fined £19,000 and ordered to pay costs of £10,000.

Sub-contractor Skanska Utilities Limited, of Denham Way, Maple Cross, Rickmansworth, also admitted breaching S 3(1) HSWA, was fined £17,000 and ordered to pay costs of £10,000.

Maylim Limited, of Evans Avenue, Watford - sub-contracted by McNicholas Plc to undertake the work on the South Bridge area of the site - pleaded guilty to the same breach and was fined £18,000 and ordered to pay costs of £10,000.

North Yorkshire firm in court for safety breach

Defendant	A.One Feed Supplements Ltd			Northallerton Magistrates' Court
Offence(s)	Reg11(1)(b) PUWER 1998			21 November 2011
Fine	£15,000	Costs	£2,594.30

A North Yorkshire company has been fined under safety laws after a supervisor suffered severe injuries to his hand.  The man, who does not want to be named, had his right hand crushed with two fingers severed when he attempted to clean an air slide under a large machine used for mixing animal feed.

Northallerton Magistrates' Court was told that the incident happened on 10 August 2010 at A.One Feed Supplements Ltd of North Hill, Dishforth Airfield, Thirsk. 

The HSE told the court the man had been told by a production worker at the start of his shift that the air slide was not operating, a regular problem owing to a build-up of sticky feed deposits on the slide and runners.

The supervisor went to inspect the machine and decided to clean the slide. After climbing a set of moveable steps, he reached up to undertake the work and was injured as his hand came into contact with dangerous moving parts of the machine.

After the hearing HSE Inspector Paul Newton said the injured supervisor had lost two fingers of his dominant hand, suffered nerve damage to the rest of his hand and would have to live with a disability for the rest of his life. He has not returned to work.

He added:

"The risk from contact with moving parts of machinery is well known in industry and should have been more so to this company as it was prosecuted in 2007 when another employee was injured undertaking maintenance on an energised machine.

"In this case the company failed to make sure that measures were in place to prevent the movement of dangerous parts of the machine before any worker got too close - within the known danger zone.

"The supervisor, despite having some two months' training at the firm, was not adequately trained in how to clean the air slide or how to safely isolate the machine.

"Maintenance-related incidents are of particular concern as employees are often required to work without usual safeguards in place - thus putting added emphasis on relying on a safe system of work. A. One Feed did not have adequate information or instructions and because of that, a man has suffered a lifelong disability."

A. One Feed Supplements Ltd, North Hill, Dishforth Airfield, Thirsk, pleaded guilty to an offence under the Provision and Use of Work Equipment Regulations 1998 and was fined £15,000 with costs of £2,594.30.

Waste firm in court over Blackburn worker's fall

Defendant	Neales Waste Management Ltd			Blackburn Magistrates' Court
Offence(s)	S2(1) HSWA			29 November 2011
Fine	£15,000	Costs	£11,691

A waste collection firm has appeared in court after poor safety measures led to a worker falling from the top of a truck in Blackburn.

Neales Waste Management Ltd was prosecuted by the HSE after a 44-year-old employee fell 4m to the ground while trying to remove waste that had become stuck on the roof of a collection vehicle.

 

 

The vehicle from which the worker fell

Blackburn Magistrates' Court heard the worker from Blackburn, who has asked not to be named, had been helping to empty a skip at Walker Industrial Park in Guide, Blackburn, on 7 September 2010 when the incident happened.

The employee climbed up some metal bars on the truck to reach the stuck waste and fell when the access fixings gave way. He suffered a broken right elbow and damage to his left foot.

The HSE investigation found the company, which handles more than 270 tonnes of waste every year, had allowed workers to use the metal bars to reach the top of the vehicle, despite them not being designed for this purpose.

The court was told waste often became stuck on the roofs of vehicles while the contents of overfilled skips were being emptied. But the firm did not have an acceptable health and safety procedure in place for removing the stuck waste.

Neales Waste Management Ltd admitted breaching S 2(1) HSWA by failing to ensure the safety of employees. The company, of Walker Road in Guide, Blackburn, was fined £15,000 and ordered to pay £11,661 in prosecution costs on 29 November 2011.

Speaking after the hearing, HSE Inspector Imran Siddiqui said:

"The employee at Neales was lucky he wasn't more seriously injured in the fall. He could easily have suffered life-changing injuries as a result.

"Unfortunately, the company wrongly assumed the metal bars on the front of the vehicle could be used as a ladder to climb up to the roof. They were not designed to be used in this way and Neales should not have allowed this practice to continue.

"Instead it should have provided an alternative way for waste to be safely removed."

 

Company fined after worker's finger amputated

Defendant	Caledonian Building Systems Ltd			Nottingham Magistrates' Court
Offence(s)	Reg 8(1)(c)LOLER 1998 and Reg 3(1)(a) MHSWR 1999			9 November 2011
Fine	£15,000	Costs	£11,691

A modular building company has been fined after a worker was left with permanent injuries when a lifting operation went wrong.

Banksman John Hughes, of Newark, was working in an outdoor yard of Caledonian Building Systems Ltd at Carlton-on-Trent, Nottinghamshire, on 20 February 2009.

He was helping a fork lift truck driver to raise an 11-tonne modular building unit off some blocks and a wheeled axle, on to a lorry, but the unstable load started to rock. Mr Hughes put his right hand on to the wooden block, to move it out of the way, but one end of the unit came down on his fingers.

His index finger was crushed and had to be amputated at the knuckle, however eighteen months later after continuing problems it was completely removed. His middle finger was also damaged. Mr Hughes was off work for twelve weeks in total before returning to work.

An HSE investigation found the lifting operation was disorganised and the employees involved were not provided with clear information or instructions. It was unclear who was supposed to participate in the operation, what their role was, which equipment would be used and whether the unit would be moved elsewhere or simply vertically lifted.

Caledonian Building Systems Ltd, of Glendale Gryfe Road, Bridge of Weir, Renfrewshire, pleaded guilty to breaching Regulation 8(1)(c) of the Lifting Operations and Lifting Equipment Regulations 1998 and Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999. Today Nottingham Magistrates fined the firm £15,000 and ordered it to pay costs of £7,328.

After the hearing HSE inspector Stuart Parry said:

"This was a routine lifting operation for Caledonian Building Systems Ltd yet it was poorly assessed and planned and was conducted in a disorganised manner. Although Mr Hughes received a life-changing injury, the consequences could have been even worse. The risks associated with routine lifting operations should have been assessed and a simple plan devised and followed to eliminate or adequately control the risks.

"Companies moving large loads with lift trucks should remember these basic legal requirements to ensure they protect their employees and anyone else who may be affected by their work."

 

Worker's injuries lead to fine for Nottinghamshire firm

Defendant	Amber Composites Ltd			Southern Derbyshire Magistrates' Court
Offence(s)	Reg 11 PUWER 1999 Reg 3(1)(a) MHSWR 1999			9 November 2011
Fine	£14,000	Costs	£3,603

A Nottinghamshire manufacturing company has been fined after a worker suffered severe hand and arm injuries.

A 52-year-old production operative from Heanor, Derbyshire, suffered fractures in two fingers, a twisted knuckle and burns to his forearms after his hands became trapped in a pre-preg machine, a large piece of equipment containing heated rollers.

The incident happened at Amber Composite's Langley Mill factory on 28 May 2010 when the worker was cleaning the machine as it was still running.  One of the rubber gloves he was wearing to carry out the cleaning became caught in the rollers which were heated to around 40 degrees Celsius. His hand was dragged in to the machine and when he tried to free himself, his other hand also became trapped.

A colleague saw what was happening and stopped the machine. The fire service was called and firefighters took around an hour to free the man.

He spent a week in hospital having skin grafts and stitches to both forearms and then underwent physiotherapy and twice-weekly hospital visits due to the loss of grip in his hands. He was off work for five months.

An HSE investigation found there was no guarding to prevent access to the moving rollers and the company had failed to carry out a risk assessment for the cleaning of the machine. There was also evidence that the cleaning regularly took place with the rollers still running.

After the hearing HSE inspector Fiona Coffey said:

"This was an entirely avoidable incident which left a man with severe injuries. The company had a legal duty to prevent access to dangerous parts of their machinery, but failed to comply with this duty.

"It had become common practice to clean the machine with the rollers still running. The company failed to proactively assess the risks of cleaning this machine. The risks of running rollers and unguarded machinery are well documented by the HSE and free guidance is available on our website. Employers should ensure measures are taken to prevent access to dangerous machinery parts."

Amber Composites Ltd, of Station Road, Langley Mill, Nottinghamshire, pleaded guilty to breaching Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999 and Regulation 11 of the Provision and Use of Work Equipment Regulations 1998.  Southern Derbyshire Magistrates' Court fined the company £14,000 and ordered it to pay costs of £3,603.

 

Firm fined for unsafe roof work

Defendant	SPV Road Carpet Ltd and employees			Nottingham Magistrates' Court
Offence(s)	S2(1) and s3(1) HSWA 1974			3 November 2011
Fine	£14,000	Costs	£6,659

Three roofers were spotted working on top of a Nottingham cash and carry store without any safety equipment by a passing HSE inspector.

Nottingham Magistrates' Court today fined roofing contractors SPV Road Carpet Ltd after the men were found risking their lives at the store on the Lenton industrial estate on 20 May 2009.

 

 

The roofers were spotted working without any safety equipment by a passing HSE inspector

SPV employee, Lewis Male, was also prosecuted for failing to take reasonable care of himself and others. The court heard Mr Male was replacing sky lights with two others on the roof when he was spotted by a passing HSE inspector.

The inspector noticed the workers were using no safety equipment, edge protection or harnesses to prevent falls. It was discovered this unsafe system of work had continued over a period of three weeks, risking injury to the roofers and to employees and customers inside the store.

SPV Road Carpet Ltd, of Aldridge, Walsall pleaded guilty to breaching section 2(1) and 3(1) HSWA for failing to protect their own employees and members of the public in the store at the time. It was fined £14,000 with £6,659 costs.

Mr Male, of Parsons Cross, Sheffield, pleaded guilty to breaching Section 7 of the Health and Safety at Work etc Act 1974. He was fined £480 and ordered to pay costs of £650.

HSE inspector Frances Bailey said:

"Roofing work requires careful planning and assessment of the risks involved. In this case employees had been working for three weeks without the correct equipment to protect them from falls and without adequate supervision.

"Fortunately no one was injured on this occasion, but both employees and members of the public inside the store below were at risk.

"Falls from height are the biggest cause of workplace deaths and it's crucial that employers make sure work is properly planned, appropriately supervised and that sufficient measures are put in place to protect staff and members of the public from the risks."

 

Scunthorpe firm in court after worker scarred for life

Defendant	Kim Barker Construction Ltd			Scunthorpe Magistrates' Court
Offence(s)	Reg 4(3)Electricity at Work Regulations			16 November 2011
Fine	£13,000	Costs	£2,039.10

A construction company has been prosecuted for safety failings after a young worker was left permanently scarred when he struck an underground cable during digging work.

Richard Baisley, 26, of Scunthorpe, received severe burns to his hands, arms, face and chest when he drilled through concrete and pierced a 415 volt cable. The location of the cable was not established by the company before the digging work started.

Scunthorpe Magistrates' Court heard Mr Baisley and a fellow employee had been instructed by a director of Kim Barker Construction Ltd to dig two holes outside their site entrance so they could erect a new company sign. The sign needed two large holes for the steel posts.

Part-way through the job, the two workers hired a drill to break through some concrete and took it in turns to use it. During Mr Baisley's turn, the concrete gave way and he pierced the cable, resulting in an electrical explosion.

Mr Baisley, of Burringham, Scunthorpe, was in hospital for three days for treatment to his burns. He is unable to return to his original career as a welder because of the affects of heat on his skin and for some six months after the incident in October 2009 he was unable to ride his motorcycle or play sport.

Kim Barker Construction Ltd, of Flixborough Industrial Estate in Scunthorpe, pleaded guilty to a breach of the Electricity at Work Regulations 1989 after an investigation was mounted by the Health and Safety Executive (HSE). They were fined £13,000 and ordered to pay £2,039.10 in costs.

Inspector John Dutton said:

"This is an example of how a simple job, no matter how straightforward it may seem on the face of it, can have serious, if not fatal, consequences if not properly planned.

"There are lessons from this case that are relevant to many companies who decide to carry out work such work. First and foremost, when digging where underground services may be present, a firm needs to carry out an investigation to locate those services.

"It also highlights the need to make sure every job is planned, undertaken and supervised using trained workers and the right tools.

"Had the company followed industry guidance and best practice when this happened back in 2009, Mr Baisley would not be bearing the long-term scars of their failings today."

 

Firm fined after reversing lorry crushes worker

Defendant	Kim Barker Construction Ltd			Basildon Magistrates' Court
Offence(s)	S3(1) HSWA			24 November 2011
Fine	£12,000	Costs	£3,009.80

A Dartford firm has been fined after an employee was seriously injured when he was crushed by a reversing lorry at the KBC Logistics depot in Askews Farm Road, Grays in Essex.

The HSE prosecuting, told Basildon Magistrates' Court that in the early hours of 13 May 2011, driver Leslaw Chorazak, 54, was waiting to take his place at the wheel of the articulated 45ft heavy goods vehicle.

Mr Chorazak was guiding the returning driver as he reversed the lorry into the poorly lit yard.  As he bent to pick up his torch, the driver lost sight of him and continued to reverse, crushing him between the back of the lorry and the office wall.

Mr Chorazak, who was living in Wimbledon at the time of the incident but has since returned to his native Poland, suffered severe crush injuries to his right arm, body and collar bone and spent several days in hospital. 

HSE's investigation found the yard was poorly lit, there was no means of separating pedestrians and vehicles, there was no proper supervision on site and no health and safety training for the staff working there or their managers.

After the hearing today, HSE Inspector Nicola Surrey said:

"This was a small yard used by a large number of lorries which were often forced to reverse as there was no room to carry out a U-turn. 

"It was common practice for employees to wander across the yard from the workshop or from where they parked their cars to the office, to and from the diesel tank and to where the lorries were parked making the yard an extremely dangerous environment.

"Working with moving vehicles is a high risk activity which causes significant numbers of major and fatal injuries every year in this country. Mr Chorazak was seriously injured in this incident and it was only good fortune that it did not end in a fatality."

Last year, 17 workers were killed and more than 530 suffered major injury after being hit by moving vehicles while at work in Great Britain. Of these, two workers were killed and 130 received major injuries resulting specifically from contact with a reversing vehicle.

KBC Logistics Ltd pleaded  guilty to breaching Section 3 (1) of the Health and Safety at Work etc Act 1974 and was fined £12,000 with costs of £3,009.80.

 

Engineering firm fined for safety breaches

Defendant	Metaltech Precision Engineers Ltd			Eastbourne Magistrates' Court
Offence(s)	S33(1)(c) HSWA 1974			2 November 2011
Fine	£12,000	Costs	£2,039.10

A precision engineering company has been fined for failing to prevent access to dangerous parts on one of its machines, even after several warnings at its site in Hailsham, East Sussex.

The HSE prosecuted Metaltech Precision Engineers Ltd for failing to prevent access to dangerous parts of machinery or stop the movement of dangerous parts of machinery before it could be accessed by any person at its Computer Numerical Control (CNC) machining centre facility in Diplocks Way, Hailsham, East Sussex.

Eastbourne Magistrates' Court heard that on 12 December 2006, Metaltech was issued with an instant visit report following an HSE inspection which found the interlocks guarding a CNC milling machine had been disabled. On 31 March 2009, an unannounced inspection once again found that interlocking guards had been disabled and the firm was served with an Improvement Notice that required the introduction of a monitoring system to ensure that the interlocks on the machines were working.

During an unannounced inspection on the 23 June 2011, the HSE inspector witnessed that an interlocking guard on a machine had again been disabled and the system put in place to monitor them was not being followed. A Prohibition Notice was served.

HSE's Inspector David Swaite said:

"All companies have a legal duty to ensure they take robust measures to prevent access to dangerous parts of machinery.

"The disabled interlock meant that Metaltech had provided no effective measures to prevent employees from being exposed to risks of crushing and entanglement on the CNC machine. This could have resulted in an employee sustaining serious injuries or worse. This company was given ample guidance and opportunity to protect the safety of their workers and prevent legal action, but failed to do so.

"It is vital for employers to ensure that they have prevented access to dangerous parts of machinery and have effective supervision and monitoring systems to ensure that risk control measures are being followed."

Metaltech Precision Engineers Ltd, of Diplocks Way, Hailsham, East Sussex, pleaded guilty to an offence under 33(1)(c) of the Health and Safety at Work etc. Act 1974. The firm was fined £12,000 and ordered to pay costs of £3,978.

 

University fined for asbestos failings

Defendant	Lincoln University Higher Education Corporation			Lincoln Magistrates' Court
Offence(s)	Reg 5(1) MHSWR 1999			16 November 2011
Fine	£10,000	Costs	£12,759

Lincoln University has been fined for putting staff, students and contractors at risk of exposure to asbestos.

The failings came to light on 24 February 2010 when a lecturer became trapped in a room after a door lock broke.  She enlisted the help of a colleague to release her and once freed, they noticed debris around the door handle.

They notified the university's health and safety department which examined the door and others in the area, and discovered most were lined with asbestos insulating board (AIB), and that some were damaged.

The university notified the HSE, which carried out its own investigation. It was found that a number of areas across the university's estate had been subject to asbestos surveys over a number of years and many areas were found to contain asbestos-containing materials or even asbestos debris, yet no remedial action had been taken.

Lincoln University Higher Education Corporation, of Brayford Pool, Lincoln, pleaded guilty to two counts of breaching Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999 at Lincoln Magistrates' Court today. The university was fined £10,000 and ordered to pay £12,759 costs.

After the hearing at Lincoln Magistrates' Court HSE inspector Edward Walker said:

"Exposure to asbestos fibres is a well known health hazard that results in approximately 4,000 deaths a year.

"The university had an asbestos management plan but had failed to follow it and failed to take appropriate steps to manage the risks associated with asbestos over a number of years, putting staff, students and contractors at risk of potential exposure."

 

 

Tragic death highlights agricultural dangers for children

 

Defendant	Charles McAlister			Paisley Sheriiff Court
Offence(s)	S3 HSWA			9 November 2011
Penalty	Admonition	Costs	Nil-Scot

 

At Paisley Sheriff Court, Charles Alexander McAlister was admonished, by Sheriff Douglas, having pleaded guilty to a breach of Health and Safety legislation by failing to prevent his 9 year old son, Robert McAlister accessing a quad bike and keys, thus exposing him to risks to his health and safety. Tragically, Robert rode the bike which overturned on him, causing his death.

 

The incident that led to Robert's death took place on 2 May 2010 at Mid Ascog farm, Rothesay, where Robert lived with his parents. The quad bike was a piece of work equipment used on the farm, and though Robert had regularly tried to ride the quad bike, Charles McAlister maintained a practice on his farm where the keys for the quad bike were simply left in the ignition.

 

On the afternoon of 2 May 2010, Robert was seen on the quad bike by his father.   Although he was told by him to return the quad bike to the shed, he went on to ride it in a field at the farm without his father's knowledge. It is not known what caused the quad bike to overturn and trap Robert; however the quad bike was not designed to be used by anyone aged under 16 years.

 

Specialist prosecutors from the Crown Office and Procurator Fiscal Service (COPFS) Health and Safety Division worked with the Police and the Health and Safety Executive (HSE) throughout the investigation and a report by the HSE into the circumstances was ultimately submitted for consideration by the Division.

 

Following the case, Elaine Taylor, Head of the COPFS Health and Safety Division, said:

"This is a tragic case in which Charles McAlister and his wife have lost Robert, their only and much loved child. Whilst of course, it is natural to feel sympathy for them; the Crown had an overriding responsibility to consider if a prosecution was in the public interest. In doing so, we required to take into account the fact that the incident that resulted in Robert's death was wholly avoidable and underlines the dangers posed to children both by quad bikes and by the agricultural environment. Robert's death highlights the vigilance that is required when children live on a farm to avoid the blurring of domestic life and farming activities. In the past ten years in the UK, 45 children have been killed on farms and more than 400 seriously injured. That is totally unacceptable".

 

After the hearing, HSE Principal Inspector Barry Baker said:

 

"Farms are often family businesses with relatives living on site - they are homes as well as workplaces and every year children are sadly killed during work activities. 

 

"Farms with their range of tools and machinery cannot be seen as playgrounds. I urge Scotland's farmers to learn from this tragedy so that another child is not lost."

 

Ed - An Admonition is a form of 'punishment', unique, in the context of the laws of the constituent countries of the United Kingdom to Scotland.  Its nearest equivalent in England and Wale is an 'absolute discharge' - however the two are not direct equivalents.  In Scotland an admonition is a conviction where the punishment is limited to a verbal 'ticking off.'  In England and Wales an absolute discharge is seen as an acceptance that the offence committed was technical only with no moral stigma - and as such it is not seen as a conviction.   In the sad circumstances of this tragic case an admonition would seem to be appropriate - whereas an absolute discharge would not.

 

 

Worker's injuries lead to suspended sentences for roofers

Defendant	Jason Lunt and Gregory Wright			Derby Magistrates' Court
Offence(s)	S3 HSWA			7 November 2011
Penalty	18 weeks  prison suspended, 280 hours community service	Costs	£2,114 each

Two roofers have received suspended sentences after a Derbyshire office worker was injured when a roll of roofing felt crashed through the ceiling of her office.

Kathleen Philipson was sitting at her desk at offices in Nottingham Road, Ripley, when the metre-long, 37kg roll fell through a roof light and came through the ceiling, hitting her on the shoulder.

She was taken to hospital with injuries to her head, shoulder and left arm and was off work for two weeks following the incident on 22 September 2010.

An HSE investigation found contractor Jason Lunt allowed re-felting work to start on the flat roof before adequate protection had been installed. It meant that as Gregory Wright, a self-employed roofer contracted by Mr Lunt, moved one of around six rolls of roof felt that were stood up on the roof, another one toppled over and fell through an unguarded roof light.

After the hearing, HSE inspector Lee Greatorex said:

"Mrs Philipson was extremely lucky not to have suffered more severe injuries. This was a frightening experience for her, but it could have been easily prevented had greater care been taken.

"Mr Lunt should have ensured an adequate system of work was in place and that roof lights were adequately protected before repair work began. As a roofer Mr Wright should have been aware the roof lights needed to be protected unless he had evidence they were capable of withstanding a substantial load.

"There were 22 sets of roof lights, only one of which had been covered or protected to prevent falls of people or materials through them during the re-felting job."

Jason Lunt, 41, of Valley Road, Bloxwich, in the West Midlands, pleaded guilty to breaching Section 3(1) HSWA and Gregory Wright, also 41, of Tewkesbury Road, Bloxwich, pleaded guilty to breaching Section 3(2) of the same act.

 

Firm prosecuted after worker is crushed by machinery

Defendant	IMCO Limited			Cardiff Crown Court
Offence(s)	S2 HSWA			24 November 2011
Fine	£5,000	Costs	£36,571

A Pontllanfraith company has been prosecuted after the fatal crushing of an employee under heavy machinery at its Newbridge Road Industrial Estate site.

Gareth Young, a 60-year-old grandfather from Beaufort in Ebbw Vale, was working at Moulded Paper Ltd on 4 August 2009, when an unsecured electrical control cabinet weighing just over half a tonne, fell on him, resulting in fatal injuries.

An HSE investigation found that Mr Young was in the process of removing sheet steel from the disused cabinet for re-use. The cabinet had been propped up against a wall and was unsecured after being left behind by machinery removal men who had visited the factory some months earlier.

Cardiff Crown Court heard that, during Mr Young's efforts to remove the sheet steel, the cabinet slid away from the wall, crushing him underneath.

The HSE found that IMCO Limited, trading as Moulded Paper,  had failed to ensure, so far as is reasonably practicable, the health, safety and welfare of its employees, including Gareth Young.

IMCO Limited of Newbridge Road Industrial Estate, Blackwood, has now gone into liquidation. In their absence, the firm was found guilty of breaching Section 2(1) HSWA. Judge Christopher Llewellyn-Jones QC handed down a fine of £5,000, but told the court that the fine should not reflect the seriousness with which he viewed the matter. The judge awarded costs of £36,571.

Speaking after the hearing, HSE inspector, Trevor Hay said:

"This was a tragic death that could have so easily been prevented. This fatality shows the importance of carrying out thorough risk assessments of the working environment, especially following any major changes.

"A competent risk assessment would have revealed the instability of the electrical control cabinet that fell on Mr. Young and the need for it to be secured to prevent it from falling."

 

Other cases in brief

Defendant	Offences	Penalty	Costs	Details
Adelaide Engineering Company Ltd	S2(1) HSWA Reg3(1) MHSWR 1999	£8,000	£2,514	Worker lost 3 fingers in industrial saw
Terrence Foster	Reg28 (2)  Construction (Design Management) Regulations 2007	£8,000	£2,040	Partners of scaffolding firm - scaffolding collapsed in wind.
Shaun Greenslade		£5,000	£2,040
Craig Goss	Reg4(1) WHR 2005	£8,000	£2,000	Worker fell 5m from ladder - working without the ladder being 'footed'
Bee Health Ltd	Reg 11(1) PUWER, reg 3 MHSWR 1999	£7,000	£4,887.65	Blender used without appropriate guard - injury to fingers
Anthony William John Daniel,	Reg 3(1) RIDDOR 1995. S2(1)HSWA 1974.	£6,500	£2,651	Employee fell through skylight - failure to notify HSE of incident
Llynclys Farm Ltd	Reg 6(3) Work at Height Regulations 2005	£6,000	£6,276	Poultry farm worker fractured pelvis after 3m fall - absence of edge protection
BR Greenwell Heating and Plumbing Services	Regs 3(1) and 26(9) Gas Safety (Installation and Use) Regulations 1998	£5,000	£8,000	CO poisoning arising from defective gas installation
David Knowles	S3(1) HSWA 1974	£5,000	£3,944	Scaffolding collapse - 6m fall and broken pelvis - failure to erect scaffolding appropriately and tie it
Waddington Buildings Limited	S3(1) HSWA 1974	£3,500	£900	Worker moved on pallet fitted to a fork attachment on a tractor - worker fell smashing left heel and right ankle.
Stephen Ramsey	Reg 4(1)(c) Work at Height Regs 2005	£1,000	£250
Crown Chicken Limited	S2(1) HSWA 1974	£3,500	£3,000	Employee fall from ladder - now wearing back brace
Hawarden Roofing Supplies & Contractors Limited	Reg 4(1) Work at Height Regs 2005 Reg 3(1)(b) RIDDOR 1995	£3,000 £1,000	£2,500.95	Employee fell from roof - failure to plan and supervise work, failure to notify HSE of incident
Michael Hallwood	Reg 4(1) Work at Height Regs 2005	£2,500	£1,302	Roofer filmed on a roof without safety equipment by member of the public- partners in the business (father and son were prosecuted)
Michael Thomas Hallwood	Reg 4(1) Work at Height Regs 2005	£2,500	£1,302
Paul Leonard	Reg 13(2) C(DM) Regs 2007	£2,500	£3,500	Digger struck gas pipe containing LPG - created fire ball engulfing worker in a trench
Alina Trade Limited	S1(1) Employers' Liability (Compulsory Insurance) Act 1969	£2,000	£1,567	Failure to acquire employer's liability inssurance
William Rogers	Regs 5 and 11(1)(a) Control of Asbestos Regulations 2006.	£600	£1,799	Asbestos release caused whilst refurbishing a domestic kitchen
Peter Ellis	Reg 11(1)(a) PUWER	£500	£300	Teenage worker - crush injury to fingers in bakery - using equipment known to give rise to such a risk
John Lang	S33(1)(g) HSWA 1974	£500	£1,500	Use of a fork lift in contravention of a prohibition notice

HSE Press Releases

HSE Chair named president-elect of IChemE

HSE is pleased to announce that its chair, Judith Hackitt, has been named as the president-elect of the Institution of Chemical Engineers (IChemE) for 2013/14.

Judith, already an IChemE Council member, will first take up the role of deputy president in 2012-2013.

IChemE is the global professional membership organisation for people who have an interest in and relevant experience in chemical engineering. It is the only organisation to award Chartered Chemical engineer status.

Judith graduated from Imperial College London, UK, in 1975 as one of only four female chemical engineers in her cohort. She initially joined Exxon Chemical as a graduate engineer and moved up through the ranks, in several operations management roles at Fawley refinery, the largest in the UK.

Judith also worked at the Chemicals Industry Association (CIA) and was appointed its director general from 2002-2006. She then became the implementation director for the Chemistry for Europe project at the European Chemical Industry Council, taking a leading role in developing the EU's REACH chemicals regulations.

Judith has played an important role in IChemE's Flash Bang campaign to promote more exciting science experiments in schools.

Judith said: "I am absolutely delighted to have been asked to take on the role of President in 2013. I certainly intend to continue to champion the importance of chemical engineers around the world delivering process safety, but this is only one of several challenges facing our profession and over the next year I will be giving careful thought to what I want to achieve during my presidency,"

Judith Hackitt to be awarded honorary degree

Head of the Health and Safety Executive, and the public body's first ever female Chair, Judith Hackitt CBE, is to be awarded an honorary doctorate in Engineering by Leeds Metropolitan University as part of the Winter Graduation celebrations.

Judith battled against stereotypes to become a chemical engineer, after studying at Imperial College, London, as one of only four female students in her cohort. On completion of her degree, she joined Exxon Chemical in 1975 as a graduate engineer. Judith rapidly rose through a series of promotions, including taking on responsibility for process safety at Fawley, the largest refinery in the UK.

Judith moved to roles with European, and worldwide, before being appointed the Director General of the Chemical Industries Association, representing the interests of a key sector in the UK economy with a turnover exceeding £57 billion and more than 180,000 employees.

Judith left the Chemical Industries Association in 2006 to become the Implementation Director for the Chemistry for Europe project at the European Chemical Industry Council, and took a leading role in developing the REACH regulations, the European Union standards for the registration, evaluation, authorisation and restriction of chemicals.

Having served on the Health and Safety Commission 2002 to 2005, in 2008 she became a council member of the Institution of Chemical Engineers and was made a Fellow of the Royal Academy of Engineers in 2010.

An initiative with the Institution of Chemical Engineers saw Judith become a hit on YouTube, setting fire to her hands in front of a classroom of schoolchildren who were stunned to discover that science lessons could be exciting. In 2009 she starred in a TV debate about 'cotton wool' kids, arguing convincingly for practical experiments in the classroom rather than sterile theory sessions.

Judith's dedication has not gone unrecognised and in 2006 she was awarded a CBE for services to health and safety.

Winter Graduation is taking place on Wednesday 16 November at the University's Headingley Campus.

 

 

HSE Policy Notice

New figures show continued fall in workplace ill health and injury

New figures published on 2 November 2011 show the ongoing trend for falls in the number of people injured and made unwell at work has continued.

The statistics published by the HSE show that in Britain between April 2010 and March 2011:

• 24,726 major injuries were reported, such as amputations, fractures and burns, to employees - a rate of 99 injuries per 100,000 workers - compared with 26,268 in 2009/10.
• 90,653 other injuries serious enough to keep people off work for four or more days were reported - a rate of 363.1 injuries per 100,000 workers - down from 96,427 the previous year.
• An estimated 1.2 million people said they were suffering from an illness caused or made worse by their work, down from 1.3 million in 2009/10. Of these, 500,000 were new illnesses occurring in-year.
• 171 workers fatally injured - up from 147 the previous year.

The new data confirms that Britain continues to have the lowest rate of fatal occupational injuries in Europe as well as one of the lowest levels of work-related ill health.

Judith Hackitt, HSE's Chair, said:

"The fall in the number of people being injured by work is of course to be welcomed but we did also see an increase in the number of fatalities during the year. Britain can be proud that it has one of the best health and safety records in Europe but as the increase in the number of fatalities makes clear we can never let up in our commitment to addressing the serious risks which continue to cause death and injury in workplaces. HSE will continue to work with employers, employees and other organisations to maintain and, where necessary improve, health and safety standards. We all have a responsibility to make sure serious workplace risks are sensibly managed."

The construction (173.2 major injuries per 100,000 employees) and agricultural (221.9 major injuries per 100,000 employees) industries continue to report the highest levels of work-related injuries, with disproportionately high numbers of incidents.

The toll of injury and ill-health resulted in 26.4 million working days being lost, an average of 15 days per case - 22.1 million to ill-health and 4.4 million to injury.

HSE welcomes Löfstedt review

The HSE has welcomed the publication of the Löfstedt review.

Employment Minister Chris Grayling commissioned the independent review in March 2011 and appointed Professor Ragnar Löfstedt - Director of the King's Centre for Risk Management at King's College, London - to chair it.

Professor Löfstedt has made recommendations aimed at reducing the burden of unnecessary regulation on businesses while maintaining Britain's health and safety performance, which is among the best internationally. The Government has accepted his recommendations.

Judith Hackitt, the Chair of HSE, said:

"Professor Löfstedt's insightful report will go a long way to refocusing health and safety in Great Britain on those things that matter - supporting those who want to do the right thing and reducing rates of work-related death, injury and ill health.

"We must have a system of health and safety which enables employers to make sensible and proportionate decisions about managing genuine workplace risks.

"Simplifying and streamlining the stock of regulations, focusing enforcement on higher risk businesses, clarifying requirements, and rebalancing the civil litigation system - these are all practical, positive steps.

"Poor regulation - that which adds unnecessary bureaucracy with no real benefits - drives out confidence in good regulation.

"We welcome these reforms because they are good for workers and employers but also for the significant contribution they will make to restoring the rightful reputation of real health and safety."

HSE said it would meet the timetable set by the Government for implementing those recommendations for which it was responsible.

Another Government regulatory reform initiative, the Red Tape Challenge, will report in the New Year on further possible changes to the stock of health and safety regulations.

 

Environment Agency Prosecutions

Million tyre man jailed

Defendant	Carl David Steele			Lincoln Crown Court
Offence(s)	Illegal disposal of car tyres			8 November 2011
Penalty	15 months	Costs

 

A man who illegally dumped more than a million used tyres across England has been jailed Monday for a total of 15 months. The case against him was brought by the Environment Agency.

Carl David Steele, from Spalding, Lincolnshire, dumped hundreds of thousands of tyres at environmentally sensitive locations in Essex, Norfolk, Yorkshire, Worcestershire and Lincolnshire, which avoided legal disposal costs. 

Lincoln Crown Court heard that Steele was under investigation by the Environment Agency after officers found over 3,000 tyres at the Lincolnshire site. During the investigation the number rose to 200,000 and then 400,000. He was allowed to store just 6,000.

 

Investigators then uncovered four other dumping sites, with a combined total of over 800,000 tyres.

 

Agency investigation

Environment Agency investigators worked closely with the local authorities, fire and rescue and land agents following reports that Steele was offering cheap waste tyre collections and operating multiple illegal waste sites around the country.

The court was told that waste tyre stockpiles present a significant fire risk. Extinguishing tyre fires can also lead to serious water pollution.

Sites that handle waste tyres are required to have an environmental permit to ensure that the risk of fire and any environmental pollution is minimised.

 

Mat Crocker, head of Waste and Illegals at the Environment Agency, said: "Huge tyre dumps are not only an eyesore, but also present a serious risk to the environment and human health. Stockpiles are a significant fire risk, as they can burn for several years, releasing dangerous gases such as hydrogen sulphide, hydrogen cyanide and sulphur dioxide.

"The Environment Agency has specialist crime teams to target serious, organised waste criminals, and make sure that illegal operations such as these are shut down.  We also seek to confiscate the profits of waste crime, making it clear that waste crime does not pay.

"As this case demonstrates, waste crime is a serious offence with tough penalties including up to five years in prison, unlimited fines and the confiscation of illicit profits."

The Environment Agency has identified tyres as one of the most problematic illegal waste streams and currently has nine national tyre dumping investigations underway.

 

 

Water company fined for sewage overflow

Defendant	Anglian Water Services Limited			Lincoln Magistrates Court
Offence(s)	Reg 12(1)(b) and reg 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010 x2			21 November 2011
Penalty	£32,000	Costs	£3,974

 

Anglian Water Services has been fined a total of £32,000 after two separate pollutions into the same Lincoln stream.

Sewage and trade effluent twice escaped from the drainage system and ended up in the Roaring Meg Drain causing a serious impact on invertebrates, Lincoln Magistrates' Court heard. The company was also ordered to pay full costs of  £3,974.

 

The stream flows through a residential area where local families, children and dog walkers regularly use the grassed area alongside and where there is a public footpath.

 

The first pollution was in April this year when a blockage in the foul sewer on Woodhall Drive led to trade and sewage effluent getting into the surface water drain through an access hole, which should have been capped, ending up in the stream.

 

Three months later there was a further pollution when the foul sewer became blocked with rags, fat, old rods and wood at Nocton Drive causing the foul sewer to surcharge upstream and get into the surface water drain. Surface water drains are designed to carry rainwater away from the streets and into watercourses.

 

Both incidents were reported to the Environment Agency by members of the public, said Mrs Claire Bentley, prosecuting.

 

She told magistrates there was a history of the foul sewer system overflowing into the surface water sewer at the site, polluting the stream. Between July 2004 and October 2008 five pollutions were attributed to blockages in the foul sewer and two formal cautions were issued to Anglian Water.

"The defendant was aware of the vulnerability of the system before the 2011 incidents and failed to take appropriate measures to stop it happening again," she told the court.

"Following the first incident the company failed to prevent the second which happened only three months later."

 

70 meters of stream was affected in the first pollution and 50 meters in the second causing a serious effect to the invertebrate community. Even pollution tolerant true worms were completely destroyed where the sewage went into the stream, the court heard.

An Anglian Water manager said after a previous pollution in 2005, work was done to secure the caps on the surface water sewer. After the 2008 pollution a survey was done of all 87 manholes to identify weak spots and missing caps replaced and others secured. They also started a fortnightly visual check and increased the frequency of jetting the system.

 

In mitigation, the company solicitor Mr Paul Loughran said that following the incident the company had carried out modelling work of the sewer network and had determined that foul and surface water sewers cannot be separated as in cases of flooding the foul sewer offered additional relief.

 

The company is trialling the use of level monitors within the manhole to provide early warning of increases in sewer level that could indicate a blockage. It is also raising awareness through a fats, oils and grease campaign.

 

After the hearing Environment Agency officer Anna Ganiford said: "These pollutions have highlighted a problem which the company has taken steps to resolve..

"Our aim is to work closely with water companies to reduce pollution and improve water quality." 

 

Ed - Anglian Water pleaded guilty to:

Offence 1:

On or about 6 April 2011, you did cause the entry into inland freshwaters, namely the Roaring Meg Drain a tributary of the Nettleham Beck, of poisonous noxious or polluting matter, namely sewage and trade effluent, at Searby Road, Lincoln, Lincolnshire

Contrary to Regulation 12(1)(b) and regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010 Fined £14,000

Offence 2:

On or about 4 July 2011, you did cause the entry into inland freshwaters, namely the Roaring Meg Drain a tributary of the Nettleham Beck, of poisonous noxious or polluting matter, namely sewage and trade effluent, at Searby Road, Lincoln, Lincolnshire

Contrary to Regulation 12(1)(b) and regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010 Fined £18,000

 

£27k

Prosecution following pollution of Pow Beck

Defendant	United Utilities Water Services Limited			Workington Magistrates Court
Offence(s)	Reg 12(1)(b) and reg 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010 x2			24 November 2011
Penalty	£27,000	Costs	£1,702

 

The Environment Agency has prosecuted United Utilities for two offences involving crude sewage overflowing into watercourses near Keswick at the end of December 2010 and early January 2011.

 

The company pleaded guilty to both charges at Workington Magistrates Court and was fined £27,000 and ordered to pay costs of £1,702.

 

The Court heard that on 8 January 2011 the Environment Agency received a report from a member of the public that raw sewage was overflowing from the Portinscale pumping station.

 

The site's storm discharge tower was overflowing and the site compound was covered in crude sewage.  A significant amount of sewage had also entered a field and a ditch along the site's boundary which drains to Pow Beck. The pumps intended to pump sewage to Keswick Waste Water Treatment Works were not working. The company switched the pumps on manually and the overflow from the tower stopped. The company carried out a clean up of the area.

 

An investigation by the Environment Agency found that between 26 December 2010 and 8 January 2011 there were two separate discharges of sewage effluent from the pumping station; in addition to the sewage which had entered the ditch some time after 30 December, sewage had also discharged from the site's storm/emergency overflow into Pow Beck from around 26 December onwards.  Two telemetry alarms, on 26 December and on 28 December, had been acknowledged by the company and reviewed on its telemetry system but not passed to its Operations team for investigation. A site visit on 30 December had not identified a problem.

 

In mitigation the company asked the court to take into account that the discharges had occurred as a result of a single cause and that extreme weather conditions at the time, with abnormally cold weather during the Christmas period, had severely affected its operational sites in terms of resourcing and access. The company also provided details of a number of preventative measures implemented at the site. 

 

Speaking after the case, Jeremy Westgarth, Environment Manager at the Environment Agency said, "This incident had the potential to have a major impact on the environment. We have worked with United Utilities, and other partners, to drive improvements in water quality in our rivers and lakes. It is disappointing that avoidable incidents, such as this, continue to happen."

Ed- United Utilites pleaded guilty to:
1. During the period 26 December 2010 to 8 January 2011 at Portinscale Sewage Pumping Station, you caused a water discharge activity other than under and to the extent authorised by an environmental permit contrary to Regulation 12(1)(b) and Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010.

2. During the period 30 December 2010 to 8 January 2011 at Portinscale Sewage Pumping Station, you caused a water discharge activity other than under and to the extent authorised by an environmental permit contrary to Regulation 12(1)(b) and Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010.

 

Illegal waste operator fined for building mountains of rubbish

Defendants	Rubbish Express Ltd and its owner Mr Przemyslaw Zalecki			Croyden Magistrates Court
Offence(s)	Reg 12(1)(b) and reg 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010 x2			8 November 2011
Penalty	£10,000	Costs	£1,702
	£400		£400

 

Surrey illegal waste operator who built mountains of waste has been prosecuted.

The company behind an illegal Surrey waste site, and its owner, have been prosecuted and had a court order served on them after admitting carrying out a waste operation without an environmental permit.

Rubbish Express Ltd and its owner Mr Przemyslaw Zalecki, were both charged with operating a waste transfer station illegally under the Environmental Permitting Regulations 2010 and for failing to comply with a notice requiring the removal of controlled waste under the Environmental Protection Act 1990.

 

At the hearing on 8 November 2011, at Croydon Magistrates' Court  Rubbish Express Ltd, was fined a total of £10,000 and ordered to pay prosecution costs of £10,000 as well as a victim surcharge of £15. Separately the company director Mr Zalecki was fined £400 and ordered to pay prosecution costs of £400 as well as a victim surcharge of £15.

 

The Agency's main objectives were to prevent further waste being deposited and secure the removal of the huge waste piles on site. Under their powers under the Environmental Permitting Regulations 2010 the court also imposed a remediation order on both parties to prevent any further waste importation and to clear the site by 30 April 2012. 

 

In making these financial and remediation orders the court took into account the fact that the Company is currently operating under a Company Voluntary Arrangement (CVA), that Mr Zalecki had been through a difficult year in respect of his personal circumstances and acknowledged the recent steps taken to remove the waste. However, the Magistrates felt that they could not ignore the length of time this had been carrying on. 

 

The court heard that Mr Zalecki took over operation of the facility in Beddington Lane, Croydon in early 2010. The site contained a small amount of rubbish at the time, and no licence for further waste storage outside any building existed. Officers visiting the site observed increasing piles of rubbish and warned Mr Zalecki to stop accepting more waste.

 

Officers continued to make visits to the site between August and December 2010 and found that waste was still being received and stockpiles were increasing.  Letters were sent requiring the cessation of waste operations and the removal of stockpiles. These warnings were ignored and in February 2011 prosecution evidence was taken and a notice was served requiring the removal of the waste. This notice was not complied with and waste continued to be received. The Environmental Crime team supported the Environment Management team in bringing the case to court.

 

By August 2011 the volume of waste estimated to be on the site was 10,275 cubic metres of which an estimated 8,550 cubic metres, a volume equivalent to over 80 double-decker busses, was brought onto site after the defendants took occupation.

 

Environment Officer Peter Ehmann said: "The regulation of waste activities by the Environment Agency ensures we meet the statutory duties of prevention of harm to public health and the environment".

"We visited this site on many occasions to help Mr Zalecki's bring his organisation into compliance with the law, but found him repeatedly flouting the law. This kind of activity has serious affects on local people, legitimate business as well as the environment. Waste had been piled so high that it caused a fence to collapse and intruded onto adjoining land owned by the Royal Mail. There have also been complaints in relation to dust generation at the site."

"Whilst prosecution is our last resort, we will not tolerate companies seeking to profit from illegal waste activity at the expense of lawful, legitimate waste operators We hope that the decision today sends out a message that waste operators have serious responsibilities, and that as the regulator we will enforce these responsibilities rigorously."

Ed

The activities of depositing, keeping and treating waste requires an Environmental Permit as covered by Regulation 12(1) of the Environmental Permitting (England and Wales) Regulations 2010 - which states that no person may operate a regulated facility except under and to the extent authorised by an environmental permit.

 

Under Regulation 44s once a person is convicted of an offence under Regulation 38(1) the court has power to order cause of offence to be remedied.

 

South Tyneside chemical firm fined £10,000 for orange gas cloud

Defendant	Industrial Chemicals Ltd			South Tyneside Magistrates Court
Offence(s)	Reg 12(1)(b) and reg 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2010 x2			28 November 2011
Penalty	£10,000	Costs	£5,600

 

An international chemical firm was fined £10,000 by South Tyneside Magistrates Court for a orange gas cloud that leaked from its plant in Hebburn.

Industrial Chemicals Ltd, of Titan Industrial Estate, Hogg Lane, Grays, Essex  was also ordered to pay costs of £5,600 to the Environment Agency, which brought the case, after pleading guilty to two permit breaches.

Paul Harley, prosecuting for the Environment Agency, told the court how on 9 September 2010, the Environment Agency received a report of an orange cloud coming from Industrial Chemical Ltd's plant in Hebburn, South Tyneside.

 

When officers investigated, they found that the company had been making a batch of ferric sulphate, which is a product used in sewage treatment. A by-product of this process is nitrogen oxide, which is a red or brown gas. The court heard how this gas is highly toxic if inhaled and is corrosive, causing severe burns.

As a consequence of failing to follow site procedures, and poor controls, too much acid was added, to correct one of the batches. This caused a violent reaction that produced excess amounts of nitrogen dioxide which escaped from the reactor into the air. 

Mr Harley told the court how an orange gas cloud was blown east towards Jarrow but dissipated before any harm could be caused. It was estimated that nearly 194 litres of nitrogen oxide were released over a period of 30 minutes before the plant was shut down.

The emission limit is 200mg per cubic metre, and at the time of the gas leak this was exceeded by 386mg per cubic metre.

 

Industrial Chemicals Ltd were interviewed under caution, and they accepted that the correct procedures had not been followed, causing the gas leak.

The magistrates appreciated the measures the company had put in place since to prevent it from happening again.

Speaking after the case, Peter Duffy, regulatory officer at the Environment Agency said: "This was a potentially serious incident, and had the prevailing wind been in a different direction, it could have been much worse.

"We take our role to protect the environment very seriously. The company failed to follow its site procedures which resulted in the incident. Operating procedures are there to ensure that plants like this don't cause any harm to the public or the environment. Since the incident we have been working with the company to improve procedures at the site."

 

 

 

Other cases in brief

Defendant	Offences	Penalty	Costs	Details
Valley Farm Poultry Ltd	Pollution Prevention and Control (England and Wales) Regulations 2000 x3	£9,000	£2,982	Operating intensive poultry unit without a permit
Streamline Environmental Services	S85 WRA 1991 (assumed)	£5,000	£5,321.72	Descaling boilers - effluent polluted stream
Pincroft Dyeing and Printing Company Limited	S85 WRA 1991 (assumed)	£3,500	unknown	Polluting river Douglas
Mr Pickett	Failure to obtain flood risk consent x2	£3,500	£3,605.68	Landowner permitted work on a field - increasing flood risk -
Dawson Plant Hire Ltd	Regs 12(1)(a) & 38(1)(a) Environmental Permitting (England and Wales) Regulations 2010.	£3,000	£3,921	Operating skip operation without a permit
John Riddell	Environmental Permitting (England and Wales) Regulations 2010.	£3,000	£1,375	Failure to comply with two enforcement notices - re-breaches to permit - poultry operations