Construction firms fined over electric shocks to workers
Two companies have been sentenced after a construction worker suffered life changing injuries when he received an electric shock from an overhead power line.
Ashley Coe, an agency worker, working on site for Pascon Limited was part of a group of workers laying cables in a trench when the incident happened on the 13 March 2013.
An excavator being used for the task tracked underneath a 33kV overhead power line and struck the power line. Mr Coe was helping to control a cable drum suspended from the arm of the excavator when the incident occurred.
The HSE prosecuting, told Exeter Crown Court that work was taking place by British Solar Renewables Limited (BSR) to install a solar farm on site at Knockworthy Farm, Great Torrington, Devon.
However, despite the high risk work being undertaken, BSR failed to install goal posts and signage to warn of the presence of overhead power lines in the area.
Subcontractor Pascon Limited who were installing the cables in the trench had failed to assess the risks of working under the overhead power lines, and subsequently had not appropriately planned, managed and monitored the work in order that it could be carried out safely. As such they were using an unsafe method of installing the cables in the trench which ran underneath the overhead power lines.
As a result of the 33kV electric shock Mr Coe suffered a life changing brain injury and had to be resuscitated by attending paramedics. The court heard he has been affected in many different ways. As a result of his injuries he suffers with short term memory loss, has some mobility issues and now no longer feels pain. His speech has been affected and he has lost much of his independence. He is unlikely to ever work again. Two other workers received shocks but escaped serious injury.
Principal Contractor British Solar Renewables Limited of Higher Hill Farm, Butleigh Hill, Butleigh, Glastonbury, Somerset, was charged with breaching Reg. 34(2) CDM Regulations 2007 and received a £250,000 fine and was ordered to pay full costs of £72,466.
Subcontractor Pascon Limited, of Unit 1 Hayhead Farm, Longwood Lane, Walsall, West Midlands was fined £35,000 plus £25,000 contribution to costs after admitting a breach of Reg. 13(2) CDM 2007.
Speaking after the hearing HSE Inspector James Lucas said:
“This incident was entirely preventable and arose from clear failures to plan, manage and monitor the work and to ensure that the construction site was set up with appropriate measures to control the risks of working under overhead power lines. Luckily Mr Coe was resuscitated, but he now suffers from life changing complications due the electric shock he received. He was extremely close to losing his life and this is down to the failure of both construction companies involved in the work.”
Council sentenced after vulnerable man choked to death
A council has been prosecuted after the death of a vulnerable day visitor to one of its care centres.
Shrewsbury Crown Court heard Michael Breeze, 53, choked while eating his lunch on 5 September 2012 at council-run day services centre Hartley’s Day Centre, in Shrewsbury.
Prosecuting, the HSE told the court Hartley’s Day Opportunity Centre caters for adults with learning disabilities. Mr Breeze was taken to the centre for the day with a packed lunch provided by carers at the residential home where Mr Breeze lived.
At around midday the deceased began to eat his lunch when he started to choke and collapsed. Staff at the centre went to Mr Breeze’s assistance, who by then appeared to have gone into respiratory arrest.
CPR was commenced and paramedics were called. On arrival of paramedics attempt was made to intubate, this was difficult due to food in the trachea.
Mr Breeze, who lived at a care home in Sutton Bank, was rushed to the Royal Shrewsbury Hospital and further CPR was carried out with two lots of adrenaline being given. However, Mr Breeze did not recover.
The deceased had a history of choking incidents at both his residential home and day services and HSE argued that appropriate safeguards were not implemented at Hartley’s Day centre despite these warnings.
Shropshire Council admitted breaching s3(1) HSWA. The council was fined £25,000 and ordered to pay £39,317 in costs.
Housing trust in court after mower mangles worker’s hand
A Tameside housing trust has been fined after a worker suffered severe injuries to his left hand when it was struck by a metal blade on a ride-on mower.
The 24-year-old from Stockport, who has asked not to be named, sustained several broken bones and had to have his thumb and forefinger amputated following the incident on Hitchen Drive in Dukinfield on 28 March 2014. A hospital x-ray has been released showing the extent of his injuries.
New Charter Housing Trust was prosecuted by the HSE after an investigation found the organisation had failed to consider the risks from the work, provide professional training or to give clear instructions on what to do if the mowers became blocked.
Manchester Crown Court heard the worker was using a ride-on mower for the first cut of the season, with a grass box attached. The chute to the grass box often became blocked, as the grass was long and wet.
X-ray of injured man’s damaged hand
On one occasion, the employee reached into the chute to clear a blockage when his hand came into contact with a metal fan, which was still rotating. He suffered serious injuries as a result, and is now unable to grip with his left hand or use his remaining fingers.
The court was told the worker had not received training on how to use the mower, and did not know that the fan continued to rotate for around 30 seconds after the engine was switched off.
New Charter Housing Trust, of Cavendish Street in Ashton-under-Lyne, was fined £140,000 and ordered to pay £70,000 in prosecution costs after being found guilty of a breach of HSWA.
Speaking after the hearing, HSE Inspector Sarah Taylor said:
“A young worker has suffered injuries that will affect him for the rest of his life but they could easily have been avoided. New Charter Housing Trust should have planned the work properly and provided appropriate training, so workers knew to wait for the fan to stop.”
Coachbuilder fined over worker injury
A Cheshire coachbuilding firm has been fined after a worker sustained injuries to his hand when using an unguarded planer.
On 9 December 2013, a 21-year-employee at S. Cartwright and Sons (Coachbuilders) Ltd, was feeding wood over the planer when his fingers touched the blades, resulting in the amputation of his little finger and injuries to his right hand that later required skin grafts.
An HSE investigation found the guards on the machine were not in the correct position. The injured worker had previously used the machine with others to help with guiding wood, but had never used it on his own prior to the incident.
Trafford Magistrates’ Court heard the incident could have been prevented had machinery guarding been in place, a control measure identified in the company’s own risk assessment.
The firm did not ensure management systems were in place to achieve sustained compliance to safety measures. The company also failed to monitor and supervise untrained employees entering the woodwork shop.
The court heard the company had been prosecuted three times by HSE over safety failings which included two fatal accidents and have received 12 enforcement notices since 2001, including an Improvement Notice in 2006 regarding no suitable and sufficient risk assessment.
HSE inspector Adam McMahon said after the hearing:
“A man suffered life changing injuries which could have been prevented had the company’s safety systems been properly managed. The management of health and safety systems is paramount in order for companies to ensure employees safety, wellbeing and morale”.
Cartwright and Sons (Coachbuilders) Limited of Atlantic Street, Broadheath, Altrincham, Cheshire pleaded guilty to breaching s2(1) HSWA and was fined £50,000 with £5890 costs.
Charitable trust and contractor fined for asbestos safety failings
A charitable trust and a contractor it employed has been fined for safety failings after disturbing asbestos and continuing to work in a building.
The Williamson Trust is responsible for the running of a school academy where Mark Tucker was contracted to refurbish a building block.
Chatham Magistrates’ Court heard that in July 2012, knowing the trust had an asbestos register identifying where asbestos was located within the school, work was carried out by Mark Tucker to refurbish a building block without consulting the register.
However, the trust had failed to complete a refurbishment and demolition survey, and had failed to ensure that the contractors had the asbestos information they needed to carry out the work safely.
The Williamson Trust of Maidstone Road, Rochester, Kent pleaded guilty to s3(1)HSWA, and was fined £18,000 and ordered to pay costs of £17,000.
Mark Tucker of Maidstone Road, Chatham, Kent pleaded guilty to Reg. 13(2) Construction (Design and Management) Regulations 2007, and was fined £9000 and ordered to pay costs of £8000.
Firm fined after worker struck by bus
A company contracted to lay a pipe under a road surface was sentenced today after a court heard it failed to keep and maintain a save place of work, resulting in an injury to a worker.
Rebeck Communications Limited was employed to lay pipe across the full width of a road at Station Road, Long Bucky, Northamptonshire on the 14 May 2014.
Northampton Magistrates’ Court heard it is usual to have a maintained 0.5m safety zone as a restricted area when undertaking this kind of work. The HSE investigation found the road was 4.8m wide and was classified as ‘narrow lanes’.
The company decided that a temporary traffic management system would be used. This allowed one lane to be closed while still allowing traffic to pass on the other remaining ‘live’ traffic lane. In theory this system is self-managed by the drivers using the road.
However, during the reinstatement of the road surface at the centre point of the road, a worker was struck by a bus causing serious injuries to the worker including a dislocated knee and severe ligament and muscle damage.
The court was told the 0.5m safety zone was not being maintained and no other control measures were in place. It is possible the worker had to manoeuvre into the live traffic lane briefly to position some equipment as the bus was passing.
Rebeck Communications Limited, of Eagle House, Billing Road, Northampton, pleaded guilty to breaching Reg. 26(2) Construction, Design and Management Regulations 2007 and was fined £12,000 and ordered to pay full costs of £1293.
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