Time Consultancy - Leading Access and Safety Consultancy - Case Studies
Time to take 10
Time Consultancy senior partner Harvey Dun is alarmed at an apparent increase in media press activity which may be indicating a sudden rise of industry falls from height incidents.
The current flurry of press and HSE prosecution cases mainly focussed on risk management shortfalls.
If you take a recent case of Yorkshire Post Newspapers Ltd, and its contractor, BDC (Morley) Ltd for example who have been fined after admitting breaching health and safety legislation in connection with an industrial accident which occurred on 19th October 2005.
During the dismantling of a goods lift shaft within its production area at Wellington Street, Leeds one of the 2 employees of BDC was located at the top of the lift shaft, effectively using it as a working platform to remove the motor when he fell 5.5 metres from the top of the lift shaft to the ground floor, sustaining a broken leg, broken ribs, and severe bruising.
Investigation established that the plate was not designed for use as work platform and it failed.
The HSE commented and pointed out that this accident was entirely foreseeable and preventable.
A suitable risk assessment should have identified safe means of working at height.
Also within the Working at Height Regulations 2006 (5) it is a requirement to assess the competency of a contractor.
Most duty holders and managing agents don’t have resources or directly employed staff with the skill, qualification and experience to assess contractors effectively.
Reviewing their documentation is a crucial part of competency assessment.
The HSE highlighted in the Yorkshire Post Newspapers Ltd, and BDC (Morley) case that BDC had never been involved in dismantling a lift shaft of this type before.
Equally had Yorkshire Post Newspapers Ltd a full understanding of their legislative duties, then they would not have relied upon the contractors to discover the hazards as they went along.
The HSE also pointed out that Yorkshire Post Newspapers Ltd had a duty to adequately assess the risks and monitor the contractors working on their premises.
This is an area that we are frequently asked to provide contractual support in completing a safe system of work audit.
The HSE finally stated that after such a fall, the injured man in this case was very lucky not to have received more serious injuries. This case serving as a reminder to not to underestimate the hazards involved in working at height."
Magistrates' Court fining each of the defendants £10,000, with £2,210 costs, for breaching the Health and Safety at Work etc Act.
A second case where a firm failed to assess risks and implement safe system of work led to a fall of several metres from a tower being used as access whilst repairing a drive and conveyor system during March 2005. The employee sustained multiple injuries, including fractures to vertebrae, ribs and wrist when the cross-strut to the tower gave way.
The HSE investigation revealed that the work activity had been inadequately risk assessed, the wrong means of access had been selected and the system of work employed was unsafe.
The company admitted breaching S.2(1) of the Health and Safety at Work etc Act 1974 and was fined £95,000, with £13,660 in costs
On the second case the HSE commented that “Statistically across all industries, falls from height are the most common cause of fatal injury and the third most common cause of major injury to employees.
Falls from height are preventable when work is planned properly, the risks are accurately assessed and the correct equipment is used”.
The HSE have found that safe methods of work are not being effectively communicated to the workforce or equipment provided is not sufficient or in good order.
They sate that carrying out work in the right way can prevent serious injuries to workers - and will save money in the long run. The recent HSE 'Height Aware' Campaign highlighted the risks of working at height and the campaign slogan "Take a moment not a fall" is a relevant as ever."
Dun adds. ”I am aware that property management companies operate in a demanding environment from the demands of property owners and tenants who expect costs to be kept to a minimum.
I would say that all property owners don’t want to see accidents on their buildings.
However management companies need to be aware and except that they just can’t rely on contractors to work at height and provide compliance with law as clearly by the growing cases they don’t.
Contractors need to supply their clients with as much information about themselves. Outline their company structures to identify the provisions for safety management and who is responsible for seeing that it is maintained. How are they are going to operate. Define what equipment they plan to use and the level of qualified operatives and staff they will provide, also how they plan to train their staff?
Most importantly that they will provide and supply correct supporting documentation including risk assessment and method statements which will be task, individual and site specific”.
Dun concludes. “It is important to take on board the direction supplied within the HSE HSG 65 that outlines a crucial part of any safety management system should include auditing and review.
Our service acts as a bridge between duty holders, management agents and contractors to ensure that each property ends up with a safe system of work. That safe access and egress is established. That equipment complies with law directives, regulations and best practice. Within our auditing and general working at height assessment we will ensure that your contractors are providing what you and the duty holder requires.
A safe systems of work”.
Is it time for you to take ten
For further information on Time Consultancy please contact; Harvey Dun, Willow House Randle Road Richmond Surrey TW10 7LT
Telephone 0870 3211555 Mobile 07774692398
E-mail Harvey.dun@timeconsultancy.com
Website www.timeconsultancy.com
Recent fall from height cases
Kent company fined after visitor fell down pit
A visiting employee of another company, an HGV driver, fell into an unguarded wash pit at the Cobbs Wood Industrial Estate, Ashford, premises of Channel Commercials Plc, when he arrived to collect a trailer in September 2004. The accident victim sustained a head cut, a fractured right shoulder and a sprained ankle.
Investigators found that the motor vehicle repair and maintenance company had failed to properly assess the risks presented by the unguarded wash pit, and this was deemed to have brought it in breach of S.3(1) of the Health and Safety at Work Act 1974.
At Sevenoaks Magistrates' Court Channel admitted the breach for which it was fined £10,000, with £3,936 costs.
"The dangers of falling into pits is well publicised by HSE's website and company was specifically warned of the dangers inherent in their unguarded wash pit by Health and Safety Awareness Officer about a month before the incident. Sadly, they still failed to provide a suitable assessment of the risks of this particular area.
Immediately after the accident the company took the simple but effective measures needed to protect visitors in the vicinity of the wash pit. The HSE is saddened that this did not happen before. Good intentions are not enough to prevent accidents." - HM Inspector of Health and Safety.
Man stepped back and fell into pit
Employers with travelling cranes require to protect workers from falls, says HSE following prosecution of a company whose employee was operating an overhead travelling crane when he stepped back and fell 2.1 metres into a car coil pit at its Oldbury premises during April this year, sustaining severe injury to his back.
Metsec plc was fined £1,000, with £1,069 costs, at West Bromwich Magistrates' Court after pleading guilty to a breach of r.6(3) of the Work at Height Regulations 2005.
Teenagers balanced on pallet on raised forklift truck
A patently unsafe system of work operated by a Southport company has ended in conviction with a fine of £5,000 and a bill for full prosecution costs of £2,145.
During November 2005, 2 teenage employees of Garrick Engineering Co Ltd could be observed at its Garrick Works premises in Canning Road Industrial Estate standing 2.5 metres in the air on a pallet on the raised forks of fork lift truck.
Garrick pleaded guilty to breaching r.3(1) of the Management of Health and Safety at Work Regulations 1999, having failed to carry out a suitable risk assessment, for which it was fined £3,000, and a charge under r.6(3) of the Work at Height Regulations 2005, having failed to take suitable measures to prevent people falling a distance liable to cause personal injury, for which it was fined £2,000.
"The 2 young men were raised to an approximate height of 2.5 metres on a pallet on the forks to unfasten the cover on a container which had been left on a trailer.
If the crane on site had been used to place the container on the ground the employees could have safely accessed the top with the use of the steps provided.
The 2 young men risked death or serious injury from this unsafe practice. Between 1997 and 2001, HSE investigated 54 falls above 2m from lift trucks: 87% of these involved fatal or major injuries." - HSE Inspector.
Senior management and shareholders should take notice of fine
Following a 4-day trial at Kingston Crown Court, supermarket chain Lidl UK has been fined £75,000 plus costs after having been found guilty of breaching S.3(1) of the Health and Safety at Work etc Act 1974 and r.5(1) of the Management of Health and Safety at Work Regulations 1999 in the circumstances of an accident at its Morden outlet during November 2004 in which a deputy manager received an injury from a falling 1.5 tonne safe being moved on a pump truck, as he attempted to handle it with others, following refurbishment work.
London Borough of Merton instigated a prosecution; the company pleaded not guilty but was convicted on a majority verdict.
Majority verdict
An operations manager of a specialist lift contractor had previously visited the store and informed both the Lidl Head Office and the Morden Store Manager that the work could not be done without a team of at least 4 men, and said that he would return with heavy lifting equipment. In the meantime, the safe remained on the floor, which needed cleaning before the store opened, and some days later an employee of the cleaning company hired by Lidl asked for the safe to be removed.
The falling safe inflicted serious injuries - a broken ankle, severe abdominal injuries, a split liver and a damaged pancreas and bowel, placing the accident victim in intensive care followed by 4 months in hospital.
Lidl maintained it had done enough to ensure that no one was at risk because of the safe being there, and said that whoever moved the safe did so without senior management's instruction.
"In sentencing, the judge made it clear that the significant fine was meant to sting the senior management and shareholders. The judge reminded the company that it was only as a matter of luck that the Lidl deputy manager had not been killed, as a result of failings under the health and safety legislation." -
Worker fell 5m from tank
Ely Magistrates have fined Permastore Ltd, of Eye, Suffolk, £13,000, with £10,928 costs, after it admitted breaching S.3(1) of the Health and Safety at Work etc Act 1974.
The prosecution followed an industrial accident during October 2004 at a construction project in Cowley Road, Cambridge.
The accident victim fell 5 metres from the roof of a sewage tank being constructed, suffering multiple injuries including vertebra and ankle injuries, investigation by HSE revealed that an unsafe system of work was being employed and fall arrest equipment provided was unsuitable, poorly maintained and not properly used.
"Falls from height are biggest single cause of injury on construction sites. It is vital that all work at height operations are properly planned, the risks are accurately assessed, and the work is carried out safely. Too often HSE Inspectors find that safe methods of work are not being effectively communicated to the workforce or the equipment provided is not sufficient or in good order.
Carrying out work in the right way can prevent serious injuries to workers - and will save money in the long run. The recent HSE 'Height Aware' Campaign highlighted the risks of working at height and the campaign slogan 'Take a moment not a fall' is as relevant as ever." - HSE inspector.
The current flurry of press and HSE prosecution cases mainly focussed on risk management shortfalls.
If you take a recent case of Yorkshire Post Newspapers Ltd, and its contractor, BDC (Morley) Ltd for example who have been fined after admitting breaching health and safety legislation in connection with an industrial accident which occurred on 19th October 2005.
During the dismantling of a goods lift shaft within its production area at Wellington Street, Leeds one of the 2 employees of BDC was located at the top of the lift shaft, effectively using it as a working platform to remove the motor when he fell 5.5 metres from the top of the lift shaft to the ground floor, sustaining a broken leg, broken ribs, and severe bruising.
Investigation established that the plate was not designed for use as work platform and it failed.
The HSE commented and pointed out that this accident was entirely foreseeable and preventable.
A suitable risk assessment should have identified safe means of working at height.
Also within the Working at Height Regulations 2006 (5) it is a requirement to assess the competency of a contractor.
Most duty holders and managing agents don’t have resources or directly employed staff with the skill, qualification and experience to assess contractors effectively.
Reviewing their documentation is a crucial part of competency assessment.
The HSE highlighted in the Yorkshire Post Newspapers Ltd, and BDC (Morley) case that BDC had never been involved in dismantling a lift shaft of this type before.
Equally had Yorkshire Post Newspapers Ltd a full understanding of their legislative duties, then they would not have relied upon the contractors to discover the hazards as they went along.
The HSE also pointed out that Yorkshire Post Newspapers Ltd had a duty to adequately assess the risks and monitor the contractors working on their premises.
This is an area that we are frequently asked to provide contractual support in completing a safe system of work audit.
The HSE finally stated that after such a fall, the injured man in this case was very lucky not to have received more serious injuries. This case serving as a reminder to not to underestimate the hazards involved in working at height."
Magistrates' Court fining each of the defendants £10,000, with £2,210 costs, for breaching the Health and Safety at Work etc Act.
A second case where a firm failed to assess risks and implement safe system of work led to a fall of several metres from a tower being used as access whilst repairing a drive and conveyor system during March 2005. The employee sustained multiple injuries, including fractures to vertebrae, ribs and wrist when the cross-strut to the tower gave way.
The HSE investigation revealed that the work activity had been inadequately risk assessed, the wrong means of access had been selected and the system of work employed was unsafe.
The company admitted breaching S.2(1) of the Health and Safety at Work etc Act 1974 and was fined £95,000, with £13,660 in costs
On the second case the HSE commented that “Statistically across all industries, falls from height are the most common cause of fatal injury and the third most common cause of major injury to employees.
Falls from height are preventable when work is planned properly, the risks are accurately assessed and the correct equipment is used”.
The HSE have found that safe methods of work are not being effectively communicated to the workforce or equipment provided is not sufficient or in good order.
They sate that carrying out work in the right way can prevent serious injuries to workers - and will save money in the long run. The recent HSE 'Height Aware' Campaign highlighted the risks of working at height and the campaign slogan "Take a moment not a fall" is a relevant as ever."
Dun adds. ”I am aware that property management companies operate in a demanding environment from the demands of property owners and tenants who expect costs to be kept to a minimum.
I would say that all property owners don’t want to see accidents on their buildings.
However management companies need to be aware and except that they just can’t rely on contractors to work at height and provide compliance with law as clearly by the growing cases they don’t.
Contractors need to supply their clients with as much information about themselves. Outline their company structures to identify the provisions for safety management and who is responsible for seeing that it is maintained. How are they are going to operate. Define what equipment they plan to use and the level of qualified operatives and staff they will provide, also how they plan to train their staff?
Most importantly that they will provide and supply correct supporting documentation including risk assessment and method statements which will be task, individual and site specific”.
Dun concludes. “It is important to take on board the direction supplied within the HSE HSG 65 that outlines a crucial part of any safety management system should include auditing and review.
Our service acts as a bridge between duty holders, management agents and contractors to ensure that each property ends up with a safe system of work. That safe access and egress is established. That equipment complies with law directives, regulations and best practice. Within our auditing and general working at height assessment we will ensure that your contractors are providing what you and the duty holder requires.
A safe systems of work”.
Is it time for you to take ten
For further information on Time Consultancy please contact; Harvey Dun, Willow House Randle Road Richmond Surrey TW10 7LT
Telephone 0870 3211555 Mobile 07774692398
E-mail Harvey.dun@timeconsultancy.com
Website www.timeconsultancy.com
Recent fall from height cases
Kent company fined after visitor fell down pit
A visiting employee of another company, an HGV driver, fell into an unguarded wash pit at the Cobbs Wood Industrial Estate, Ashford, premises of Channel Commercials Plc, when he arrived to collect a trailer in September 2004. The accident victim sustained a head cut, a fractured right shoulder and a sprained ankle.
Investigators found that the motor vehicle repair and maintenance company had failed to properly assess the risks presented by the unguarded wash pit, and this was deemed to have brought it in breach of S.3(1) of the Health and Safety at Work Act 1974.
At Sevenoaks Magistrates' Court Channel admitted the breach for which it was fined £10,000, with £3,936 costs.
"The dangers of falling into pits is well publicised by HSE's website and company was specifically warned of the dangers inherent in their unguarded wash pit by Health and Safety Awareness Officer about a month before the incident. Sadly, they still failed to provide a suitable assessment of the risks of this particular area.
Immediately after the accident the company took the simple but effective measures needed to protect visitors in the vicinity of the wash pit. The HSE is saddened that this did not happen before. Good intentions are not enough to prevent accidents." - HM Inspector of Health and Safety.
Man stepped back and fell into pit
Employers with travelling cranes require to protect workers from falls, says HSE following prosecution of a company whose employee was operating an overhead travelling crane when he stepped back and fell 2.1 metres into a car coil pit at its Oldbury premises during April this year, sustaining severe injury to his back.
Metsec plc was fined £1,000, with £1,069 costs, at West Bromwich Magistrates' Court after pleading guilty to a breach of r.6(3) of the Work at Height Regulations 2005.
Teenagers balanced on pallet on raised forklift truck
A patently unsafe system of work operated by a Southport company has ended in conviction with a fine of £5,000 and a bill for full prosecution costs of £2,145.
During November 2005, 2 teenage employees of Garrick Engineering Co Ltd could be observed at its Garrick Works premises in Canning Road Industrial Estate standing 2.5 metres in the air on a pallet on the raised forks of fork lift truck.
Garrick pleaded guilty to breaching r.3(1) of the Management of Health and Safety at Work Regulations 1999, having failed to carry out a suitable risk assessment, for which it was fined £3,000, and a charge under r.6(3) of the Work at Height Regulations 2005, having failed to take suitable measures to prevent people falling a distance liable to cause personal injury, for which it was fined £2,000.
"The 2 young men were raised to an approximate height of 2.5 metres on a pallet on the forks to unfasten the cover on a container which had been left on a trailer.
If the crane on site had been used to place the container on the ground the employees could have safely accessed the top with the use of the steps provided.
The 2 young men risked death or serious injury from this unsafe practice. Between 1997 and 2001, HSE investigated 54 falls above 2m from lift trucks: 87% of these involved fatal or major injuries." - HSE Inspector.
Senior management and shareholders should take notice of fine
Following a 4-day trial at Kingston Crown Court, supermarket chain Lidl UK has been fined £75,000 plus costs after having been found guilty of breaching S.3(1) of the Health and Safety at Work etc Act 1974 and r.5(1) of the Management of Health and Safety at Work Regulations 1999 in the circumstances of an accident at its Morden outlet during November 2004 in which a deputy manager received an injury from a falling 1.5 tonne safe being moved on a pump truck, as he attempted to handle it with others, following refurbishment work.
London Borough of Merton instigated a prosecution; the company pleaded not guilty but was convicted on a majority verdict.
Majority verdict
An operations manager of a specialist lift contractor had previously visited the store and informed both the Lidl Head Office and the Morden Store Manager that the work could not be done without a team of at least 4 men, and said that he would return with heavy lifting equipment. In the meantime, the safe remained on the floor, which needed cleaning before the store opened, and some days later an employee of the cleaning company hired by Lidl asked for the safe to be removed.
The falling safe inflicted serious injuries - a broken ankle, severe abdominal injuries, a split liver and a damaged pancreas and bowel, placing the accident victim in intensive care followed by 4 months in hospital.
Lidl maintained it had done enough to ensure that no one was at risk because of the safe being there, and said that whoever moved the safe did so without senior management's instruction.
"In sentencing, the judge made it clear that the significant fine was meant to sting the senior management and shareholders. The judge reminded the company that it was only as a matter of luck that the Lidl deputy manager had not been killed, as a result of failings under the health and safety legislation." -
Worker fell 5m from tank
Ely Magistrates have fined Permastore Ltd, of Eye, Suffolk, £13,000, with £10,928 costs, after it admitted breaching S.3(1) of the Health and Safety at Work etc Act 1974.
The prosecution followed an industrial accident during October 2004 at a construction project in Cowley Road, Cambridge.
The accident victim fell 5 metres from the roof of a sewage tank being constructed, suffering multiple injuries including vertebra and ankle injuries, investigation by HSE revealed that an unsafe system of work was being employed and fall arrest equipment provided was unsuitable, poorly maintained and not properly used.
"Falls from height are biggest single cause of injury on construction sites. It is vital that all work at height operations are properly planned, the risks are accurately assessed, and the work is carried out safely. Too often HSE Inspectors find that safe methods of work are not being effectively communicated to the workforce or the equipment provided is not sufficient or in good order.
Carrying out work in the right way can prevent serious injuries to workers - and will save money in the long run. The recent HSE 'Height Aware' Campaign highlighted the risks of working at height and the campaign slogan 'Take a moment not a fall' is as relevant as ever." - HSE inspector.
