Worker died as result of vehicle runaway An employee of a road haulage firm who was crushed between two articulated vehicles subsequently died from his injuries. Magistrates Court was told that the HGV driver employed by YCT Limited suffered fatal injuries when his vehicle rolled forward out of control whilst he was coupling the HGV tractor unit to a trailer. The investigation into the incident, which occurred on 20 October 2015, found that YCT Limited failed to implement safe systems of work or monitoring arrangements to ensure that its drivers were consistently undertaking coupling and uncoupling operations safely, in line with widely available industry guidance. As a result of this, a culture developed whereby its drivers were not always applying trailer parking brakes. The company has been fined £170,000 and ordered to pay costs of £6,268.80 Tragic incident Speaking after the case, Jessica Churchyard said “This tragic incident led to the avoidable death of a young man, and was caused in part by the failure of his employer to implement and monitor safe systems of work to prevent vehicle runaways. “This death could have easily been prevented if his employer had acted to identify and manage the risks involved, and followed the industry guidance.” www.denislarkinsafety.com

Inadequate planning led to fork lift crush injury male feet An employee’s foot was crushed by a falling metal grid weighing a tonne, and suffered a broken foot which led to the amputation of three toes. Chesterfield Magistrates’ Court was told how, on 15 December 2016, Nicholas Jenkin, an employee of welding and fabrication firm Swadlincote Aluminium and Welding Co Ltd, had been instructed to paint several metal truck wash grids when one of the metal grids, weighing a tonne, slipped through the forks of a forklift and landed on his foot, crushing it. Failure to plan The Health and Safety Executive found that the company had failed to properly plan the task or ensure the forklift driver had received adequate training to fully operate the vehicle. The company also failed to ensure a safe system of work was in place, such as the use of a sling on the forklift truck, which would have stopped the metal grid from slipping through the forks. Swadlincote Aluminium and Welding Co Ltd, of Unit 3 Suttons Business Park, Swadlincote, pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc Act 1974. The company was fined £4,400 and ordered to pay costs of £860.40 Speaking after the hearing Health and Safety Executive Inspector David Keane said: “This injury could have easily been prevented had thorough planning been carried out. “Employers should make sure they properly assess and apply effective control measures to minimise the risk from injury while operating fork lift trucks.” www.iggylarkinsafety.com

‘Precedent set’ as technician jailed in gate installation case A technician who fitted an automated gate to the garden of a house has been jailed for manslaughter after it fell onto the home owner and killed her. Jill Lunn, 56, died in April 2013, when the automatic gate fell on her at her home in Blofield Heath. When the remote-controlled automatic mechanism failed, Mrs Lunn tried to pull the 300kg iron gate closed. However, safety-stop devices had not been fitted to prevent it sliding off a steel track on the ground when opened by hand. Precedent The gate was installed by Robert Churchyard, 52, who was working for Automated Garage Doors & Gates Ltd. He had worked for the company for 20 years. Both he and the company were found guilty of safety offences at Norwich Crown Court in September. They were sentenced yesterday. Churchyard was sentenced to three and a half years in prison for manslaughter by gross negligence; the company was fined £12,000 for breaching the Supply of Machinery (Safety) Regulations 2008. According to the Door and Hardware Federation (DHF), the case sets a precedent with regards to the future of safe automated gate installation and maintenance. DHF general manager Michael Skelding said: “This sentencing serves as a stark warning to everybody involved in the automated gate sector that they must ensure all doors and gates are checked for safety against current standards and regularly maintained by properly trained specialists. As this court case clearly demonstrates, both individuals and companies could face prosecution in the event of an accident.” www.brianlarkinsafety.com

£1m fine after worker dies after ladder fall A bakery has been ordered to pay a fine of £1million after a self-employed contractor died when he fell from a stepladder. The Crown Court was told that the worker was contracted to complete electrical work at Greencore Grocery Ltd site. The worker was wiring a motor situated above a machine whilst standing on a stepladder. The company agreed this work activity could be completed using a stepladder, which it had provided. The employee fell from the stepladder and suffered fatal injuries. The Health and Safety investigation found that Greencore failed to properly plan the activity from the beginning including access arrangements to be made for installation of motors to use to carry out this work activity. Greencore Grocery Ltd, pleaded guilty. The company was fined £1million and ordered to pay costs of £30,000. Speaking after the hearing inspector Denise Fotheringham said: “Falls from height remain one of the most common causes of work related fatalities, the risks associated with working at height are well known. “Work at height regulations require that all work at height is properly planned and appropriate access is provided. If Greencore had carried this out this death could have been prevented. www.brianlarkinsafety.com

Haulage firm fined after worker crushed A haulage firm has been fined after a load from the top of a double-decked trailer fell onto a worker. Warwick Crown Court heard that an employee of Maxi Haulage was injured at a site in Cape Road Warwick, when a piece of metal ducting, six metres long and weighing 28kg, fell from the top deck of the trailer, hitting him on his head. The blow caused serious, life changing injuries, including a fractured skull. The Health and Safety Executive’s investigation into the incident in February 2015 found that the site had not implemented systems and procedures for unloading of trailers at depots, produced by Maxi Haulage. It also found employees were not properly informed about pedestrian and vehicle segregation rules, and little was done about the work not being followed. Easily avoidable Maxi Haulage, of Elliott House, Kilwinning Road, Irvine, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and were fined £100,000 and ordered to pay costs of £53,401. Speaking after the case HSE Inspector Mark Austin said: “This incident could so easily have been avoided by simply implementing suitable control measures and safe working practices. “The company itself had identified and easily implemented the necessary measures after this tragic event. “Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.” www.brianlarkinsafety.com

Airbnb ‘deathtrap’ lands woman with £6k fine & suspended sentence A woman who advertised a ‘deathtrap’ holiday home on Airbnb has been handed a six-month prison sentence, suspended for 18 months and told to pay nearly £6,000 in fines. The property, belonging to a Jean Hendy, breached fire regulations with: toxic tiles no emergency lighting the wrong locks a fire extinguisher that hadn’t been tested in 15 years. Hendy also failed to put batteries in the smoke alarms of the three-storey house, and didn’t take action when she was warned by council officers. Judge Ian Lawrie told her: “You have created the risk of a potential deathtrap if fire ever broke out. “Whenever you rent out a property in whatever circumstances there is a clear obligation to ensure the fire safety of everyone. There is certainly a risk of cost-cutting at the expense of safety.” Public complaint The court heard that officers from Devon and Somerset Fire and Rescue Service inspected the property in August last year following a complaint from a member of the public. Hendy occupied the ground floor and advertised the use of the upper floors on a number of recognised holiday hosting websites, offering sleeping accommodation for up to nine people. Group Manager Paul Bray, business safety manager for Devon & Somerset Fire and Rescue Service, said after the case: “Anyone who has or is thinking of turning their home into a business providing sleeping accommodation has a duty to ensure the people staying on their premises will be kept safe.” www.brianlarkinsafety.com

Worker trapped between roof and work platform North East based contractor Pyeroy Ltd has been fined £130,000 due to failings in their work at height rescue planning. Plymouth Magistrates Court heard that on 21 October 2013 Keith Stevens, 57, was helping to dismantle temporary roofing at Devonport Naval Base using a mobile elevated work platform (MEWP). His colleagues found him trapped between a roof beam and the controls of the MEWP There was a delay in Stevens being lowered to ground and he died of a pre-existing heart condition. An HSE investigation found that Pyeroy had not properly planned the work on a MEWP in restricted overhead areas. It was also found that other Pyeroy employees had not received suitable training in the emergency lowering procedure of the elevated platforms and no practice drills had been carried out. Pyeroy Ltd of Gateshead has pleaded guilty to breaching Work at Height Regulations and was fined £130,000 and ordered to pay costs of £14,388.36. Speaking after the hearing HSE inspector Helena Allum said: “If Pyeroy had trained other employees to use the mobile elevated work platform in emergency situations, Mr Stevens would have been lowered to the ground more swiftly.” “This case highlights the need for duty holders to properly plan all work at height beforehand, including emergency planning and rescue situations.” www.brianlarkinsafety.com

Whirlpool UK Appliances Limited has been fined £700,000 after a self-employed contractor fell from a mobile elevated work platform (MEWP) and later died from his injuries. On 21 March 2015 the contractor had been working at a height of nearly five metres installing fire detection equipment, at the site of the former Indesit factory in Yate, near Bristol. At the same time Whirlpool UK maintenance workers started an overhead conveyor unaware that the contractor was working nearby. The movement caused the MEWP to tip over and the 66-year-old man fell to the factory floor. He later died from his injuries. An HSE investigation found there was no effective control or supervision in place to prevent the conflicting work tasks from being undertaken at the same time. Whirlpool UK Appliances Limited pleaded guilty at Bristol Crown Court to breaching the Health and Safety at Work Act and was fined £700,000 and ordered to pay costs of £11,466. Speaking after the hearing HSE inspector Matt Tyler said: “This is a tragic case where the incident could have been prevented if the company had planned and controlled the work properly.” www.brianlarkinsafety.com

Maximum jail term for plant hire manager following fatal incident The 57-year-old manager of an access plant hire firm has been sentenced to a maximum penalty of two years’ imprisonment for his neglect of health and safety obligations that led to the death of one man and caused serious injury to another. After a 16 day trial at Airdrie Sheriff Court, Donald Craig was found guilty of a breach of health and safety legislation. Failures It was heard how on 20 June 2012, Gary Currie, a safety net rigger, and Alexander Nisbet, a self-employed operator contracted by Craig Services, were in the basket of the platform removing netting from the facade of the Buchanan House office block at Port Dundas Road in Glasgow city centre when the third main boom section buckled causing the platform’s basket to fall 28 metres (approx. 92 feet) to the ground, with the result that Alexander Nisbet was seriously injured and Gary Currie suffered fatal injuries. The fatal incident followed an earlier event, in May 2011, involving the platform after which Craig Services & Access Limited had instructed a repair to the damaged section of the main boom. The repair had been incorrectly carried out and J M Access Solutions Ltd subsequently failed in their duty to carry out an adequate thorough examination of the platform. Donald Craig was convicted of health and safety breaches. He was jailed for two years – the maximum penalty possible. Hamilton based Craig Services and Access Limited was fined after being found guilty of three charges relating to the collapse, including failures in relation to its maintenance and was fined a total of £61,000. Another company, J M Access Solutions Ltd, was fined £30,000 for its failure to carry out a systematic and detailed thorough examination of the platform and its safety-critical parts. Gary Aitken, Head of Health and Safety Division said: “This incident, which resulted in the death of Gary Currie and caused serious injury to Alexander Nisbet, could have been avoided had Donald Craig and Craig Services & Access Limited heeded advice and taken measures to maintain the platform in a safe condition. “At the centre of this all was the decision to instruct this repair. It was a decision that left Gary Currie and Alexander Nisbet exposed to an unacceptable risk and was essentially an accident waiting to happen. “A MEWP is a safety critical piece of equipment and it was highly foreseeable that such a repair would risk the lives of those using the equipment. “This incident has left family and friends devastated at the loss of a loved one. “Hopefully this prosecution will remind other employers that failure to fulfil their obligations can have tragic consequences and that they will be held to account for their failings.” HSE Principal Inspector Graeme McMinn stated: “The death of Gary Currie was entirely preventable. Craig Services and Access Ltd and Donald Craig were advised by the manufacturer to replace the damaged boom. Instead, they chose a much cheaper repair that left the boom in an unsafe condition. Guidance in the British Standard “Safe Use of MEWPS” advises that repairs to any parts of the MEWP structure should be in accordance with the procedure specified by the manufacturer. “At the time of the accident the MEWP had a catalogue of defects some of which were safety critical demonstrating that Craig Services and Access Ltd did not have an adequate proactive maintenance and reactive repair system in place within the company. For a complex piece of equipment such as the MEWP, that system should have included daily pre-use checks, intermediate inspections and maintenance based on manufacturer recommendations and six monthly thorough examinations carried out by a competent person independent of the MEWP owner. “The competence and diligence of a thorough examiner is vital as it is they who declare the MEWP safe to use. JM Access Solutions Ltd failed to carry out a diligent thorough examination and declared the MEWP safe to use. The British Standard provides guidance on what an examination should include following a major repair on a MEWP structure. Non-destructive testing and load testing should have been carried out and overload testing discussed with the manufacturer. “This tragic accident should highlight the absolute duty for owners of MEWPS to maintain them to ensure continued safe operation.” www.brianlarkinsafety.com

Employee prosecuted for dangerous work at height Date: 19 December 2016 An employee of a steel erection firm has been sentenced at Manchester Magistrates Court after admitted working unsafely at height on a hotel development in central Manchester. Manchester Magistrates Court heard on the 21 January 2015 a member of public contacted HSE claiming that a man had been seen balancing on scaffold tubes in the rain while working on the roof of the multi-storey hotel. HSE Inspectors found David Mulholland working on the roof. An investigation by the Health and Safety Executive found it was David Mulholland in the photograph provided to HSE. He had climbed up the scaffold to hammer the steel beams into place and had not used the tower scaffold that had been made available for him. There was also a full time scaffolder on site available for any of the contractors to utilise to ensure safe working platforms were in place. David Mullholland, Victoria Road, Walton le Dale, Preston, pleaded guilty to breaching Section 7 of the Health and Safety at Work etc Act 1974 and was sentenced to 6 months imprisonment, suspended for 18 months, fined £1,400.00 and was ordered to pay costs of £2,939.18. HSE inspector Matt Greenly said after the case: “This case dealt with a serious work at height risk which could have led to a fatal incident. David Mullholland failed in his duty to protect his own safety while at work and also placed others at risk had he dropped any tool from the position he was seen in some 27 metres above street level. During HSE’s investigation he said that he did not appreciate how high he was. “Never before in my career as an HSE Inspector have I seen such a staggering disregard for personal safety. It is a matter of pure luck that no-one was injured or killed. “My thanks go to the member of the public who reported their concern to us as they have been instrumental in saving the life of Mr Mulholland and arguably anyone below him at that time.” www.brianlarkinsafety.com

At least 67 killed in scaffolding collapse At least 67 people are dead after scaffolding collapsed at a building site in the eastern Chinese province of Jiangxi. The work platform, which was attached to a cooling tower being built at a power plant in Fengcheng, gave way at about 7.30am local time on Thursday (11.30pm UK time). State media said 67 people had been killed, while one person was missing and a further two were injured. Television footage from the scene showed iron pipes and wooden planks strewn across the floor of the massive concrete cooling tower. Rescue workers, aided by search dogs, were digging through the debris with their bare hands, according to one TV report. Rescuers look through the rubble after the scaffolding collapse in Fengcheng Image Caption: Rescuers look through the rubble after the scaffolding collapse in Fengcheng China has seen a series of major industrial accidents in recent months which have been blamed on corruption, a disregard for safety and pressure to boost production as the Beijing economy has slowed. Earlier this month, the head of a logistics company was given a suspended death sentence over a massive explosion at an illegal chemical warehouse in Tianjin which killed 173 people - most of them firefighters and police officers. In June last year, 442 people were killed when a modified cruise ship capsized on the Yangtze River. The accident was blamed on poor decisions made by the captain and crew, with only 14 survivors. In December, 81 people were killed when a mountain of soil and waste collapsed on buildings in the city of Shenzen. China has vowed to improve safety at industrial facilities. President Xi Jinping said authorities will learn the lessons after the Tianjin explosions. www.brianlarkinsafety.com

It just shows the importance of headboards