Dean Howells Essential Safety, Health & Safety Blog

Roofer Tagged for Dumping Asbestos - Posted May 10th 2012

A roofer has been electronically tagged after admitting to fly-tipping asbestos on a road in Kent.

In October last year, a roofer had dismantled a shed roof for a client and loaded the debris in the back of an open truck. He drove the vehicle to two scrap which refused to take the debris as it contained asbestos.

Having failed to find someone to take the waste, he then dumped it in two loads nearby. He was spotted fly-tipping the load by one of the businesses, which reported the incident to Medway Council. Environmental health officers from the council visited both sites and found CCTV footage of  the hazardous substance being dumped.

This act involved breach of regualtion10 of the Control of Asbestos Regulations 2006 and a number of environmental charges. He was sentenced to a curfew order between 8:30pm and 6:30am for four months and ordered to wear an electronic tag. He was also ordered to pay £1020 in costs.

In delivering the sentence, chair of the bench Angela Howe said: “We consider this to be a very serious offence with you being fully aware that asbestos is a dangerous substance and a danger to the public.” 



Full article

Essential

HSE to Recover Costs from Non Compliant Organisations - Posted 22nd Sept 2011

The HSE have announced their intention to recover costs when there has been a breach of health and safety law which requires them to make a formal intervention. Under the proposals currently out for consultation, the HSE will charge for its time at a rate of £133 per hour, plus the costs of any specialists it considers necessary – all payable within 30 days.

Clearly, the total costs of a significant breach could be considerable, particularly if the breach is associated with an incident which led to serious injury – or worse.

The estimated average costs, which could be introduced as early as April 2012, to be charged to the duty holder by the HSE are:

Inspection which results in a letter - £750

Inspection which results in an Enforcement Notice - £1,500

Investigations - £750 to £00,000s

Essential Comment:

Given the financial pressure that all government departments are under, cost recovery by the HSE was always going to be a possibility. And it may not end there. The current proposals do not include cost recovery by Local Authorities carrying out equivalent work but we would not be surprised if this were included as a result of the current consultation, or at some point in the future.

And there are also suggestions that fire and rescue authorities in England and Wales could be handed the power to demand cash for attending false fire alarms.

We have always suggested that safety and profit are not mutually exclusive, and these latest proposals only confirm that view. As the HSE (and possibly Local Authorities) moves to a less pro-active, more punitive approach, it will become even more important that organisations manage health & safety effectively.

First Corporate Manslaughter Conviction - Posted 7th March 2011

The first corporate manslaughter conviction has resulted in a £385,000 fine, it was announced in February 2011.

The fine equates to  250% of the companies current annual turnover and is to be paid over a ten year period in equal instalments. The Managing Director of the company was originally charged with manslaughter by gross negligence, as well as a health and safety offence, but these were dropped after a successful appeal on the grounds of ill-health.

The fact that the punishment was only a fine and that no particualt director or senior management team member were held responsible means that this case does not help with clarification of how senior management and their responsisbilities will be interpreted in future coporaprate manslaughter cases.

Essential Safety

 

Fire Alarm Contractor Fined - Posted 12th January 2011

In a bench mark case a fire alarm contractor has been found guilty under the Regulatory Reform (Fire Safety) Order 2005. We believe it is the first time a fire alarm contractor has been convicted in such a situation.

The electrician failed to maintain a fire detection and alarm system at a care home in Greater Manchester, and also failed  to inform the owners of the deficiencies in the system. The prosecution stated that the electrician had taken over the responsibility of the maintenance of the system and had also issued certificates of worthiness to the care owner.

At Essential Safety we believe this story highlights the importance of checking that any contractor employed to complete a task have the appropriate experience and competences required, this includes those giving fire safety advice and completing Fire Risk Assessments.

 

Essential Safety

First Corporate Manslaughter Case Adjourned Again - Posted 6th December 2010

The on-going story of the first case under the Corporate Manslaughter and Corporate Homicide Act 2007 continues as the trial of Cotswold Geotechnical Holdings Ltd has been adjourned again until 24^th of January 2011.

However, it has been announced that the managing director will not now face trial accused of gross negligence manslaughter and an offence under section 37 of the Health & Safety at Work Act. A judge ruled that, owing to the ill health of the  MD, the two charges against him should be permanently stayed. 

Whilst the outcome of this first case has been keenly awaited, it now seems unlikely that any meaningful guidance regarding interpretation and application of the Corporate Manslaughter and Corporate Homicide Act 2007 can be concluded yet, particularly in terms of what can be constituted as “Senior Management”.

Essential Safety

Five Companies Fined a Total of £9.5m following Buncefield Disaster - Posted 7th September 2010

 

Five organizations have been fined a total of £9.5m for their part in a series of failings which led to the largest peacetime explosion in the UK.

The fire & explosion at the Buncefield Oil Storage Depot in 2005 measured 2.4 on the Richter scale and is estimated to have caused more than £1 billion worth of damage. Although 46 people were injured, incredibly, there were no fatalities, mainly due to the fact that the explosion occurred in the early hours of a Sunday morning.

The fire has also required a 5-year clean- up operation, and has left the local area with an environmental legacy for years to come.

The record fines followed the most extensive joint investigation & prosecution ever by the Health & Safety Executive and the Environment Agency.

 

Essential Safety

 

 

How Safe is Your Lift? - Posted 3rd August 2010

Two recent prosecutions – one as a result of a fatality of a member of the public – have highlighted the importance of ensuring that lifts are adequately maintained & inspected.

In the first case, a Health Club and its lift maintenance company shared a £750,000 penalty when a passenger lift suddenly fell, killing a member of the public.

In the 2^nd case a food store was fined over £38,000 for failing to adequately maintain & inspect a goods lift which seriously injured an employee.

Essential Advice: Make sure that your lift is regularly serviced by a competent lift maintenance company AND subjected to “thorough examination” in accordance with the Lifting Operations and Lifting Equipment Regulations 1999 (LOLER) – This is usually carried out by an engineer appointed by your insurer.

Thorough examinations should be carried out every 12 months on goods lifts and every 6 months on passenger lifts. Take note of any recommendations on the report and arrange for the necessary remedial works to be carried out.

How a fire risk assessment could have saved companies £1,000's

A major retailer, a restaurant and a hotel have recently been prosecuted for failing to meet current fire safety standards.

In the prosecutions an inadequate fire risk assessment, fire alarm and detection system were common failures.

For a few hundred pounds a good fire risk assessment will highlight problem areas and help businesses reduce the risk of fires and hefty fines.

When the Fire Services were called out to deal with the fires they noted breaches in fire safety which resulted in prosecutions and fines of £95k, £26k and £20k respectively.

First Corporate Manslaughter Case Postponed - Health & Safety news

The first case to be tried under the Corporate Manslaughter and Corporate Homicide Act 2007, which was due to commence on 23rd February, has been adjourned due to ill health of the director of  the defendant company , Mr. Peter Eaton.

Mr. Eaton’s company, Cotswold Geotechnical Holdings Ltd, is facing prosecution following the death of an employee whilst carrying out a survey on its behalf

Mr. Eaton also faces a charge of manslaughter by gross negligence and a health and safety offence in his personal capacity as a company director.

The trial has been adjourned for at least 18 weeks and may not resume until early October 2010.

If found guilty, Mr. Eaton’s company is likely to face a fine in excess of £500,000 - possibly up to  seven figures, and Mr. Eaton himself could also incur a substantial fine and/or custodial sentence.

Ask Dean a question at Essential Safety

Property Firm Fined for Failing its Duties as a Contruction Client - Health & Safety CDM Role

A property company has been fined £7000 and ordered to pay £4486 in costs for failing to appoint a CDM Co-ordinator and Principle Contractor when commissioning refurbishment work at an industrial unit.

During the course of these works, a worker fell through the roof and suffered serious injuries to his back and
hands.

The Construction (Design and Management) Regulations 2007 place specific duties upon Clients to ensure that the construction work that they are commissioning is adequately managed, and that those carrying out the work on their behalf are competent to do so.

Unfortunately, some Clients are still unaware of these responsibilities, or the legal requirement to appoint a specialist advisory role, called the CDM Co-ordinator, who is responsible for advising them and ensuring that health & safety information is passed between the Client, Designers and Contractors.

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