Callsafe Today - August 2016 issue

4 HSE hikes FFI charge to cover spiralling costs

10 HSE reviews equipment inspection laws

12 Latest Projects

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ISSUE 158 • AUG 2016

CONSTRUCTION HEALTH & SAFETY CONSULTANTS & TRAINERS

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"THE CONTENT OF CALLSAFE TODAY IS AN ENHANCED VERSION OF THE CONSTRUCTION HEALTH AND SAFETY NEWS, CONTAINING SIMILAR, BUT ENHANCED, INFORMATION."

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4 HSE hikes FFI charge to cover spiralling costs

Dave Carr Managing Director, Callsafe Services We will continuously seek feedback from you, our readers, on the content and format of CALLSAFE TODAY, so if you have any suggestions for improvements please let us know by sending your comments via enquiries@ callsafe-services.co.uk..

to us through the above address.

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Please remember that we are here to help with advice, assistance and training. So if we can help, just contact us at the above email address.

It is likely that most of our readers have had their summer holidays, and are therefore returning to work suitably refreshed; at least we hope so?

7 Baldwins Crane Hire loses vehicle licences over rest breaks

10 HSE reviews equipment inspection laws

12 Latest Projects

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latestnews HSE HIKES FFI CHARGE TO COVER SPIRALLING COSTS Charge to increase by £5 an hour The HSE has increased the amount that it charges under the Fee for Intervention (FFI) programme by 4%, in an apparent attempt to claw back some of its spiralling costs.

The new hourly fee of £129 – up from £124 – has been applied to invoices submitted since 6 April, the beginning of the financial year.

According to the most recent figures, for February/March 2016 the average cost of an FFI invoice was £650. At the new rate, this would become £675.

This is the first increase since FFI was introduced in October 2012. It was designed to recover the costs of regulating businesses that break the law, shifting the financial burden from the taxpayer to non-compliant businesses.

However, with the exception of the first six months of operation, the income generated by FFI has not matched the HSE’s staff costs and other overheads, with the shortfall increasing each year.

In addition, the Treasury claws back most of the revenue from FFI, only allowing the HSE to retain funds up to a “cap”. Until last year, the regulator consistently failed to generate as much as the cap.

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The shortfall in revenue from FFI came as the number of proactive inspections carried out by the HSE fell last year to their lowest since the scheme was introduced.

Income from the programme increased sharply in the year to April 2016, from £10.1M in 2014–15 to £14.7M. However, the staff and operating costs of the scheme also increased, totalling £17.4M compared to £11.9M the

latestnews previous year, leaving a shortfall of £2.7M. Last year, the HSE retained £11M, out of the £14.7M it generated through FFI. However, along with the revised hourly rate, the Treasury has agreed to increase the amount of FFI revenue that the HSE can retain. In 2016–17, the cap is due to be set at £17M. Applying the 4% increase in the cost of FFI would not have made the income generated by the scheme in 2015–16 match its costs. To cover its operating costs, the HSE would have to increase the hourly fee by around 18% to £147 per hour.

The shortfall in revenue from FFI came as the number of proactive inspections carried out by the HSE fell last year to their lowest since the scheme was introduced.

In 2013–14, the Executive carried out 22,240 inspections, but this fell to 18,131 in 2015–16.

Figures from the HSE’s latest invoice run, which was carried out in June and covered work carried out in February and March, show that the average cost of an invoice fell to £650 from £844 – which was an all-time high – in the previous two-month period.

investigation spans more than one invoice period.

In February/March 2016, 35% of invoices were for less than £200. One in three was for between £200 and £500. Ten invoices were issued for sums in excess of £10,000.

However, in both the two previous invoice runs, for breaches occurring between October and November 2015 and December 2015 and January 2016, there were 28 bills for over £10,000.

The manufacturing sector continues to be hardest hit by FFI. In June, 1,460 invoices were sent to businesses in the manufacturing sector, totalling £962,081. This brings the total bill facing the sector over the last year to £5.2M. The construction sector is not far behind. In the same period, 1,248 invoices were issued for a total bill of £696,771. The bill for the year came to £4.2M. Invoices sent to businesses in the service sector in June totalled £544,971.

Despite this, the number of invoices issued was at the highest ever. There were 3,719 invoices issued in June, which compares to 3,125 sent in the invoice run one year before.

The FFI regime has failed to deliver the receipts the HSE expected. A 2011 impact assessment that accompanied the HSE consultation on FFI estimated that the scheme would recover up to £43.6M from non-compliant businesses.

The majority of invoices continue to be for sums below £500, though companies can be issued with multiple invoices if the HSE

The HSE has not changed its fee since FFI was introduced, though the consultation estimated that it would be £133 per hour.

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latestnews BALDWINS CRANE HIRE LOSES VEHICLE LICENCES OVER REST BREAKS Heavy mobile crane operator, Baldwins Crane Hire is to be stripped of vehicle licences held at its two main UK depots after drivers were found to have been falsifying records to make it appear they had taken rest breaks.

In statements heard at the public inquiry on 20 and 21 July in Leeds, it was claimed the company and its directors had ‘instructed’ them to do so. Four directors will now be disqualified from holding a goods vehicles operator’s licence in any traffic area as a result when the ruling takes effect on 10 September, although the length of their banning varies.

Traffic Commissioner for the North East, Kevin Rooney, who took the decision to revoke the licences, said five out of seven drivers investigated in 2014 by the Driver & Vehicle Standards Agency (DVSA) had been faking their breaks. A follow-up investigation in 2015 found the situation had in fact worsened with eighteen drivers found to be offending.

Drivers were hiding periods of time spent working in order to show ‘apparent compliance’ with daily and weekly rest requirements, he said.

Some drivers alleged that the company ‘in general’ and director, Wayne Baldwin, had ‘instructed’ them

to remove their cards to make it look they had had a break and ensure cranes would be on-site ready to work on time.

Mr Rooney said the failures at Baldwin Crane Hire were "so significant, so deep-routed and so inspired by the very top of the business" that it was appropriate to revoke their vehicle operating licences.

The revocation affects licences held at Baldwins Crane Hire Ltd depots in Leeds and Langley, near Slough where it operates a fleet of commercial vehicles and HGVs. In a statement on the firm’s website, Director and Executive Chairman Richard Baldwin, said the company was appealing against the decisions.

It operates 18 vehicles of around 100 tonnes and 21 trailers in total from these depots. The firm had made a new application for a third licence for a site in Newport, South Wales, according to the inquiry.

Directors Richard Baldwin, Wayne Baldwin, Andrew Skelton and Lorraine Baldwin will be disqualified from applying for or holding a goods vehicles operator’s licence in any traffic area from 23:59 on 10 September 2016. Richard’s son Wayne Baldwin,

ALL THE LATEST INDUSTRY NEWS, REPORTS, PROJECTS AND PROSECUTIONS STRAIGHT TO YOUR INBOX 6

latestnews

will be disqualified for five years, Richard Baldwin for one year, Andrew Skelton for two years and Lrraine Baldwin for ‘an indefinite period’.

However, Baldwins’ business may still survive unscathed. In a report on Construction Index, it says that the Traffic Commissioner's disqualification order applies only to commercial vehicles. "Mobile cranes, by an historic quirk of law, are engineering plant, not commercial vehicles; therefore, they are not subject to the same legislation as lorries. Baldwins needs HGVs to support the operations of its heavy cranes, to carry ballast, for example, but cranes of up to five-axles can generally get to site with all necessary ancillary equipment on board," it says.

Richard Baldwin’s statement seemed to back this up: “For the sake of clarification, this disqualification only relates to the individuals being directors or senior managers in a company that holds an operator's licence (that is to say a company carrying out haulage activities, whether for hire or reward or for use in connection with the company's own business).

The disqualification does not prevent them being a director or senior manager in any other company – for example the crane hire company," he writes.

The decision comes after Baldwins Crane Hire - one of the largest crane hire firms in the UK with a turnover of £22.74m in 2015 - was convicted of Corporate Manslaughter and fined £700,000 on 1 December 2015. Mobile-crane driver Lindsay Easton died when he crashed after losing control of his 130-tonne mobile

crane down a steep hill at Scout Moor Quarry, near Rochdale. Investigations by the Health & Safety Executive subsequently identified that the crane’s braking systems were seriously defective The HSE is reviewing regulations that govern the examination The HSE is reviewing regulations that govern the examination of work equipment to make them more “proportionate”, in a new phase of its ongoing deregulation programme.

Businesses are being invited to use an online survey to share their experiences of complying with four sets of regulations.

The HSE hopes to find out what constitutes proportionate equipment inspection with a view to making improvements that will make compliance easier.

The regulations under the spotlight, some of which were last assessed in the 1990s, are: The HSE is reviewing regulations that govern the examination of work equipment to make them more “proportionate”, in a new phase of its ongoing deregulation programme.

Businesses are being invited to use an online survey to share their experiences of complying with four sets of regulations.

The HSE hopes to find out what constitutes proportionate equipment inspection with a view to making improvements that will make compliance 7

courseschedule

21 & 22 September 2016

MPHS161115

CDMA160929

CDMA161124

APS DESIGN RISK MANAGEMENT AND CDM2015 FOR DESIGNERS London £630.00 ------------------------------------------------29 September 2016 APS CDM2015 AWARENESS London £310.00 ------------------------------------------------04 - 06 October 2016 MPHS161004

APS MANAGEMENT OF PRECONSTRUCTION HEALTH AND SAFETY London £840.00 ------------------------------------------------11 October 2016 CDMF161011

CDM2015 FOR FACILITIES MANAGERS London £300.00 ------------------------------------------------11 & 12 October 2016 ADRM161011

APS DESIGN RISK MANAGEMENT AND CDM2015 FOR DESIGNERS Staffordshire £620.00 ------------------------------------------------25 October 2016 CDMA161025

APS CDM2015 AWARENESS Staffordshire £300.00

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15 - 17 November 2016

ADRM160921

APS MANAGEMENT OF PRE-CONSTRUCTION HEALTH AND SAFETY Staffordshire £810.00 ------------------------------------------------24 November 2016 APS CDM2015 AWARENESS London £310.00 ------------------------------------------------29 November 2016 CDMF161129

CDM2015 FOR FACILITIES MANAGERS London £300.00 ------------------------------------------------6 & 7 December 2016 ADRM161206

APS DESIGN RISK MANAGEMENT AND CDM2015 FOR DESIGNERS London £630.00 ------------------------------------------------13 - 15 December 2016 MPHS161213

APS MANAGEMENT OF PRE-CONSTRUCTION HEALTH AND SAFETY London £840.00 ------------------------------------------------DISCOUNTS AVAILABLE FOR MULTIPLE BOOKINGS ON A SINGLE COURSE AND/ OR PAYMENT ONE MONTH BEFORE THE COURSE COMMENCEMENT.

TRAINING & EVENTS CALLSAFE PUBLIC COURSES We have programmed a number of public courses as follows. The detailed programme of courses is shown on the previous page.

MANAGEMENT OF PRECONSTRUCTION HEALTH AND SAFETY 3 DAY COURSE This APS accredited course is aimed at those persons who will be performing the duties of the Principal Designer on behalf of their employer, who has been appointed to this role by the Client.

It provides knowledge on the requirements, methods that could be used to achieve these requirements and the personal qualities necessary. The course also provides for the additional services that could be offered by the Principal Designer, or as a separate commission, for advising and assisting the Client with the Client’s duties.

DESIGN RISK MANAGEMENT AND CDM2015 FOR DESIGNERS 2 DAY COURSE This APS accredited course is aimed at Designers and Design Risk Managers, providing a full understanding of the Designers’ duties under CDM2015 and the options that are available for achieving these obligations.

The course could also be suitable for Principal Designers if they are experienced in the design requirements of CDM2007. Discussions and debates are encouraged throughout this course.

CDM2015 AWARENESS 1 DAY COURSE This APS accredited course is designed to provide all persons involved in construction projects, including current and potential clients, project managers, principal designers, designers, principal contractors and contractors with a broad overview on the CDM Regulations 2015.

CDM2015 FOR FACILITIES MANAGERS 1 DAY COURSE This non-accredited course is designed to provide Facilities Managers, and designers and contractors working for Facilities Managers, with an understanding of their duties under the CDM Regulations 2015. Larger fit-out and refurbishment projects will be discussed as well as planned maintenance and reactive repair activities.

Further details of these, and other, courses can be found on our website: www.callsafeservices.co.uk, or by contacting Gemma Esprey at: gemma.esprey@callsafe-services. co.uk or by phone on: 01889 577701 IN-HOUSE COURSES The above public courses, and many other CDM and other health and safety courses are offered as ‘in-house’ courses, where the trainer presents the course at a venue provided by the delegates’ employer, and are priced at a daily rate.

Details of all courses offered can be found at: www.callsafe-services.co.uk, most of which can be customised to a particular customer’s needs.

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latestnews HSE REVIEWS EQUIPMENT INSPECTION LAWS IN ONGOING DEREGULATION DRIVE

The HSE is reviewing regulations that govern the examination of work equipment to make them more “proportionate”, in a new phase of its ongoing deregulation programme.

Businesses are being invited to use an online survey to share their experiences of complying with four sets of regulations.

The HSE hopes to find out what constitutes proportionate equipment inspection with a view to making improvements that will make compliance easier.

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The survey, which is open until at least the end of September, asks 11 questions about: who undertakes equipment inspections; the annual cost of exams and whether it is a reasonable expense; sources of information; the benefits of inspections; and suggestions for improvements.

The review forms part of the HSE's broader deregulation programme, which has been prompted by the government's commitment to cut £10bn of regulatory costs by the end of the current parliamentary term in 2020 – a goal overseen by the government’s Better Regulation Executive

latestnews While the coalition government's deregulation drive principally focused on regulation, with the removal or "improvement" of 84% of health and safety laws, including the Construction (Head Protection) Regulations and the Notification of Conventional Tower Cranes Regulations, the HSE has said that its future focus will be on processes and practices.

Details of the current priorities are contained in the minutes to the Small Business Trade Association Forum (SBTAF) meeting on 9 June, posted on the HSE’s website.

According to the minutes, Clive Fleming, head of the HSE's regulation and international policy division, told attendees: "The scope of regulatory activity to be captured is broader than before and the HSE work to deliver the new strategy will also help deliver deregulatory savings without reducing protections."

One option Fleming’s team is considering is merging three sets of regulations: the Control of Substances Hazardous to Health Regulations, the Control of Lead at Work Regulations and the Dangerous Substances and Explosive Atmospheres Regulations.

According to the minutes, the HSE is keen to bear down on “blue tape”, or administrate burdens placed on businesses by other businesses.

The minutes state: "Despite the reviews and many years of better regulation activity, health and safety regulation is still perceived by many to be a burden. It appears that this perception is driven to a considerable extent not by the regulations but 'blue tape' (business on business) activity."

impact of the current British Standard.

According to the SBTAF minutes, other deregulation work underway includes:

There are also concerns that management standards, principally BS OHSAS 18001, place undue burdens on businesses, particularly small ones.

• Simplifying licensing systems, including asbestos licence applications and notifications; • Easing requirements on who can remove gas meters as part of the Smart meter roll out; • Reducing the burden of written risk assessments; • Increasing basement occupancy time in nonradon affected areas; and • Making annual gas checks for landlords more flexible.

The HSE says that this is unlikely to change when the international standard ISO 45001, which replaces the 18001, is released next year. Through its industry liaison groups, the HSE is seeking evidence of the

The minutes report that members of the SBTAF gave "enthusiastic support" for the HSE's deregulation work and agreed that ISO 45001 could be "very burdensome for small businesses".

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latestnews TFL POISED TO RELEASE 'DIRECT VISION' STANDARD FOR HGVS standard. The Safer Lorry Scheme was launched in 2015 and we’re looking, as I said, at how we can strengthen that.”

A Mercedes Benz HGV prototype with glass panel in the passenger door

Transport for London (TfL) is set to introduce the world’s first “direct vision” standard to reduce HGV drivers’ blind spots, in an attempt to reduce the disproportionate number of cyclist deaths attributed to large vehicles on the capital’s roads.

The standard, due to be released in the next two weeks, is likely to force firms to use HGVs with vision panels in the passenger doors, larger windscreens and low entry cabs with driver’s seats that are closer to the ground.

The announcement came as new research showed that construction lorries pose a greater risk to cyclists and pedestrians than other HGVs because their blinds spots are up to three times larger than other lorries.

Val Shawcross, the capital’s deputy mayor for transport, speaking at a recent event, suggested that the new standard could be incorporated into TfL’s Safer Lorry Scheme, which only allows HGVs fitted with basic safety equipment onto Greater London's roads.

Addressing New London Architecture’s annual cycling summit on 3 August, she said: “TfL is working now on a world first direct vision 12

A spokesperson for TfL said that measures to address HGV safety would be announced in the coming weeks. London mayor Sadiq Khan also backed the standard as a component of his election campaign.

Between 2000 and 2012, the numbers of cyclists killed or seriously injured in London increased by 59% and by 21% nationally, despite the numbers of casualties on Britain’s roads declining in the same period.

Research carried out by Loughborough University, released on 29 July, found that, in general, HGV blinds spots were larger when the seating position of the driver was higher, concluding that this could be a contributing factor in accidents between construction vehicles and cyclists and pedestrians.

The research team from the university’s Design School scanned 19 of the most popular HGVs to determine which design variables can affect the size of blind spots.

It compared HGVs with low entry cab designs; vehicles used in the distribution of goods within city centres (category N3 vehicles); lorries used to transport materials for the construction industry with off-road specifications (category N3G vehicles); and vehicles used for long distance haulage (also N3).

latestnews "If you seriously want to reduce the number of collisions involving vulnerable road users and HGVs you have to improve the direct field of vision for drivers."

project, said: “We found that all standard vehicle configurations have blind spots which can hide vulnerable road users from the driver’s direct vision.

The researchers recreated accidents involving cyclists and pedestrians, placing them in a number of locations adjacent to the HGVs and plotted where blind spots existed in both drivers’ “direct vision” (areas that they can see themselves) and “indirect vision” (areas that drivers can see only with mirrors).

“However the height of the cab above the ground is the key vehicle factor which affects the size of direct vision and indirect vision blind spots. Low entry cab designs, which are the lowest of the 19 vehicles tested, demonstrated real benefits in terms of reducing direct vision blind spots when compared to standard vehicle designs.

The study found that cabs configured for the construction industry are 32% higher than the same model configured for distribution vehicles.

“If you seriously want to reduce the number of collisions involving vulnerable road users and HGVs you have to improve the direct field of vision for drivers – and from our research this means lowering HGV cab designs or adopting low entry cab designs.”

This means that the blind spot immediately in front of a construction HGV is up to three times greater than that on the distribution variant.

Similarly, a cyclist would have to be up to twice the distance from the passenger side of a construction lorry before they can be spotted than on the distribution variant.

For example, a driver in the distribution variant of a Scania P would be able to see a cyclist directly adjacent to the passenger side door. However, the driver of the construction variant, who sits around 34cm higher, would only be able to see a cyclist if they were more than 1.3m away.

Ian Wainwright, TfL’s head of freight and fleet, said: “The best decisions are those based on evidence, and the research that we commissioned Loughborough to undertake is another tool in the box to make the right choices to improve road safety. This research into comparing direct vision of HGV drivers will create the platform to take efforts on road safety further.”

The researchers said that the work has highlighted the need for a new standard that defines what should be visible through direct vision from the vehicle.

While the indirect vision available to the driver is regulated by the European Commission, the researchers point out that there are no standards to ensure that cab windows allow drivers suitable direct vision.

Steve Summerskill, who led the research 13

latestprojects A WEEK IN THE LIFE OF AN ENVIRONMENT AGENCY PRINCIPAL DESIGNER My name is Brian Smith and I am employed by Callsafe Services Ltd based in Rugeley, and seconded via CH2M, to the Environment Agency (EA). Based in Peterborough, I cover East Anglia Together Hub (Essex Norfolk Suffolk Cambridgeshire & Bedfordshire) and Lincolnshire & Northamptonshire.

From Google Maps

Myself and a team of 4 panel principal designers providing Principal Designer (PD) services as well construction health and safety advice to the EA. I also undertake a training support and mentoring role to EA staff and the panel PD’s.

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MONDAY This week is already looking a busy week; 3 meetings today.

First, at South Ferriby Depot North Lincolnshire, the lock gates, headgear and lock chamber, along with other surrounding structures, have been identified in need of works and it is the first site meeting to establish the exact extent of the works.

This meeting proves very useful in understanding access issues, the requirements for lifting operations and how our works will affect the adjacent main road, which is also an access to a nearby cement factory. It also highlighted the variety of skill sets required from designers, engineers, lifting specialists, mechanical & electrical specialists and diving specialists, to name but a few.

Second, the EA Mechanical Electrical Integrated Controls and Automation (MEICA) team at Lincoln have a programme of 6 refurbishment projects, some of which are on-site and others in preparation. The works plan is progressing and the initial sites are just commencing the works replacing / refurbishing the pumps at two pumping stations, whilst two more projects dealing with sluice operations are reviewed. By the end of the meeting we have an agreed start date.

latestprojects Plant distributing sand pumped ashore from the dredge Photograph Courtesy of Team Van Oord

Lastly, a meeting with the EA Hydrometry and Telemetry (H&T) team, who have just completed their in-house CDM training and are undertaking a probationary period before being assessed by myself prior to being authorised to undertake duty holder roles.

The team are progressing well and my role at this visit is to provide reassurance that the work they have completed to date is up to the required standards and to provide guidance on the next steps.

TUESDAY Audit of a beach re-nourishment project based at Anderby Creek on the Lincolnshire coast and report back to the National Health Safety & Wellbeing team.

Arrival on-site is early 0730, as this project is a 24 hour operation maximising the tidal windows.

Greeted by the team, the audit begins focusing on all elements of the way the site

is managed. The audit covers site layout, general completion of statutory paperwork, site activities, traffic management, waste management and environmental performance.

Feedback given to the team and report written (a long day) leave site.

WEDNESDAY Ipswich Tidal Barrier, the final piece of the solution protecting the Suffolk town, and a progress meeting covering various design elements. Followed by a spatial awareness and MEICA meeting.

A confined space issue is discussed and resolved within the project team, resulting in a decision to build a full size mock up in timber to enable the team to test the theories.

This may seem to be a lot of effort, but the designers did try 3D imagining of the tidal barrier with persons shown on the drawings and models, but the team felt that they were 15

latestprojects still not very confident from the information displayed in the graphic modelling.

The timber mock-up has also provided an opportunity for the confined spaces team to be trained in a safe environment and the opportunity to make a video on how to enter the gate structure, what the layout will be.

This video will then be stored within the health safety file for reference by future teams maintaining the tidal barrier over the coming years.

Construction on-site is progressing well; the foundation piles are being driven and work on other areas is progressing in line with the programme.

THURSDAY In the Peterborough office with the EA national capital programme management service (ncpms) team. The day is spent dealing with current and future projects, Pre-Construction Information considerations/requirements, progress and design reviews.

Two photographs of the tidal barrier mock up and confined space issues Above Photos courtesy of Volkerstevin Boskalis Atkins consortium

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latestprojects

Photograph of the Cawood Barge Photograph courtesy of the EA Spalding Field Team

Also performed liaison with Independent Technical Advisors and a routine catch up with the business manager PD resource planning.

FRIDAY In the Spalding office, meeting the local field team who are planning offshore work using plant from an EA barge to stone mud banks in tidal estuaries. The work plan is to load an excavator with grab at Boston docks then return to the normal berth and load the stone before sailing out and depositing the stone within the estuaries to assist in maintaining the training walls (mud banks that deflect flow of water to keep it running in the desired direction minimising mudflat movement).

The pre-construction information is gathered and produced with the methodologies previously used to be fully reviewed and

updated. Voyage plans, Notice to Mariners and information is sent to the Marine Management Organisation.

Friday PM, a teleconference with the team to catch up on what the team have achieved and issues that have arisen during the week.

This teleconference results in a number of good practices getting acknowledge and circulated. There are also some items that need further attention, in particular an issue in relation to Hydrogen/Methanol powered plant, regarding CE marking, fire risks, signage, and storage of fuel cells, and site layout when using it.

Final job Friday afternoon, finish email replies, paperwork and make the last few calls to finalise arrangements for meetings, site visits and audits planned for next week.

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latestprosecutions ROOFING FIRMS FINED AFTER WORKER FELL TO HIS DEATH

Two roofing companies and one of their directors have been fined after a worker fell to his death through a skylight.

Cardiff Crown Court heard how 46-year old Lance Davies, a father of seven, died after falling over seven metres through a roof light at industrial premises in the Crumlin area of South Wales.

An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on 15th December 2011, found that the work at height on the roof was not properly planned, managed or monitored.

There were inadequate control measures in place to prevent a fall through the roof lights.

SPAN Roofing Contractors Limited pleaded guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007, and was fined £65,000 and ordered to pay costs of £37,500.

B & T Roofing Solutions Limited pleaded guilty

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to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974, and was fined a total of £20,000.

Kristian Griffiths, a director of B & T Roofing Solutions Ltd, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 by virtue of Section 37 of the Health and Safety at work etc Act 1974, and was given a 160 hours community service order.

B & T Roofing Solutions and Kristian Griffiths were ordered to pay costs of £32,500 between them.

BULGARIAN FIRM FINED FOR POOR WORK AT HEIGHT

A Bulgarian construction firm has been fined after a member of the public reported unsafe working practices during the construction of an adventure course in Markeaton Park, Derby.

Derby Magistrates’ Court heard how a passing member of the public noticed work at height being carried out from a pallet on the forks of

latestprosecutions a telehandler at the site in Markeaton Park, where a high ropes adventure course was being constructed by Bulgarian based firm Walltopia.

The member of the public first reported this to the company but despite receiving assurances the matter would be dealt with, unsafe work at height continued. They then reported it to the HSE. The resulting HSE’s investigation at the site found work was taking place on a section of roof 11 metres off the ground, without the use of any means to prevent two workers falling from the open edges. In addition, these workers were accessing the roof by climbing from the basket of a cherry picker.

Walltopia of Bulgaria Boulevard, Letnitsa, Bulgaria, was fined £500,000 and ordered to pay costs of £8,013.25 after pleading guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005.

CONSTRUCTION FIRM SENTENCED AFTER WORKER FALLS DOWN A LIFT PIT Cardiff-based construction company, Jehu Project Services Ltd, has been sentenced after a worker was seriously injured falling down a lift pit.

The incident happened on 8th July 2015 at a construction site in Pontcanna, Cardiff.

Stephen Harrison, a specialist drilling contractor, was employed by Jehu to help refurbish a 73-bed care home when he fell into the basement of a lift pit that was under construction.

Mr Harrison stepped onto the ground floor having been working off a tower scaffold, but stood on a loose concrete block causing him to fall backwards, head-first, into a skip full of

rubble on the floor below.

A specialist Fire and Rescue team were nearby and after stabilising Mr Harrison, attached him to the hook of a tower crane and winched him out of the pit, over the site and into the carpark of a housing estate nearby where an ambulance was waiting.

Mr Harrison suffered shattered vertebrae, five broken ribs, a punctured lung and spent 18 days in hospital. He is still recovering and, although not paralysed, his injuries were lifechanging and he will not return to work.

The HSE investigated the incident and found that Jehu had been using a system of lightweight barriers around the edges of the drop, along with bean bags at the bottom of the hole, but these were incompatible with all of the work that needed to be done by the different contractors and had been removed.

Following the incident, all of the danger areas were fenced with scaffolding.

Newport Crown Court heard that there were numerous management failings associated with this project, which included a lack of effective site management and supervision, a construction plan that did not properly consider obvious working at height risks and a lack of an effective Temporary Works Management System.

Jehu Project Services Ltd pleaded guilty to breaching Construction (Design and Management) Regulations 2015, Regulation 13(1) and Work at Height Regulations 2005, Regulation 6(3) and was fined £143,000 and ordered to pay full costs of £15,029.30.

HSE Inspector Liam Osborne, who brought the case, said: “Jehu had been given many warnings in the past by HSE about the lack of effective planning, managing and 19

latestprosecutions monitoring on their construction sites, as well as warnings about unsafe working at height.

The court heard some really positive steps the company are now taking to put these matters right, including making substantial management changes.

“It is crucial that construction firms properly think through the risks involved before starting work, they then need to ensure there is a workable plan to iron-out or manage the resultant dangers.

“There is a clear hierarchy for managing work at height risks, site managers need to prevent it if possible and then provide suitable fixed barriers. Lower-order measures, such as soft-landing systems or the use of harnesses should only be selected as a last resort and if it is safe and appropriate to do so”.

PRODUCERS OF STAR WARS PLEAD GUILTY

Foodles Production (UK) Ltd has pleaded guilty to failing to protect actors and workers following an incident in which actor Harrison Ford was seriously injured during the filming of Star Wars: The Force Awakens.

Foodles Production (UK) Ltd appeared at Milton Keynes Magistrates Court on 26th July, pleading guilty to two charges. The case has now been transferred to Aylesbury Crown Court, date to be confirmed.

Mr Ford suffered a broken leg and other injuries when he was struck by a metal door on the set of the Millennium Falcon.

The incident happened on 12th June 2014 at Pinewood Studios.

A spokesman for HSE said: “During the filming of Star Wars Episode Seven: The Force Awakens, the actor Harrison Ford was badly injured after he became trapped under a 20

rapidly closing metal-framed door. The power of the door’s drive system was comparable to the weight of a small car.

“This was a foreseeable incident. Foodles Production (UK) Ltd has accepted it failed to protect actors and staff and HSE welcomes the firm’s guilty plea.

“Every employer in every industry has a legal duty to manage risks in the workplace. Risks are part and parcel of everyday life, and this is acknowledged by health and safety law, but they still need to be identified and managed in a proportionate way.

“The British film industry has a world renowned reputation for making exceptional films. Managing on-set risks in a sensible and proportionate way for all actors and staff, regardless of their celebrity status, and is vital to protecting both on-screen and off-screen talent, as well as protecting the reputation of the industry.”

NATIONAL STEEL FIRM FINED £1.98MILLION FOR SAFETY FAILINGS

Tata Steel has been fined after two workers suffered injuries to their hands in two separate incidents involving machinery.

Northampton Crown Court heard how a 26-year-old employee lost two thirds of his left hand and his middle and ring fingers whilst trying to clear a blockage on a steel tube manufacturing line which had unsuitable guarding, and in a separate incident, a 52-year-old team leader lost part of his little finger when his left hand was caught, again in an inadequately guarded machine, whilst he was receiving refresher training.

An investigation by the HSE into the incidents, which occurred on 12th September 2014 and 19th February 2015, found that there was a

latestprosecutions failure to appropriately guard and manage the risks arising from dangerous parts of these items of machinery.

Tata UK Limited pleaded guilty to two counts of breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined a total of £1.98million (£185,000 was for the first offence and £1.8m for the second offence) and ordered to pay costs of £22,500.

BRADFORD FIRM FINED AFTER WORKER FELL THROUGH SKYLIGHT

A company which manufactures signage and displays for high street retailer was sentenced today for safety breaches after a worker fell to his death through a roof light.

Richard Perry, 43, was working with a colleague covering roof lights with blackout vinyl in June 2014 at Whiteghyll Plastics Ltd. This was in an attempt to block out the sunlight to reduce the heat within the factory.

Mr Perry fell 5.5 metres through a fragile roof light to the fabrications department below.

The company failed to adequately supervise Mr Perry and another employee. There were several missed opportunities by a number of managers to stop them from working on the roof. The HSE prosecuted the firm over the incident.

Whiteghyll Plastics Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined £120,000 with £37,655 costs by Bradford Crown Court.

COMPANY DISMANTLING HGV FINED FOR SAFETY FAILINGS

A North Lincolnshire company has been fined after a worker was injured whilst dismantling a HGV tipper lorry.

Scunthorpe Magistrates’ Court heard how two employees of R Martinson Limited were dismantling an HGV lorry using a telehandler like a mobile crane for lifting operations.

One employee operated the telehandler to remove a metal rail weighing about 44 kg from the chassis when it struck the second employee, 68-year-old George Henry Johnson.

He suffered a traumatic skull fracture that have left him with permanent injuries and reliant on other family members for his care.

The investigation by the HSE into the incident, which occurred in April 2015, found that the company had failed to adequately plan, organise, control and monitor the way in which the operation was undertaken. Using a telehandler to lift and move parts like a mobile crane is a high risk activity and the company failed to apply basic principles of health and safety management to reduce the risk of serious personal injury.

R Martinson Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, and was fined £53,300 and ordered to pay costs of £1,293.10.

AGENCY WORKER INJURED AT MALTING FACTORY

A malting company, based in Suffolk, has been fined after an agency worker was injured when he fell from a ladder.

Scarborough Magistrates’ Court heard how an agency worker employed with Pauls Malt Limited at their West Knapton malting factory, near Malton, was injured when he fell approximately two metres from a ladder. He sustained two fractures to his right foot and bruising to his chest and head injuries.

He was in the process of checking the fill level of the malt in a container that he was loading 21

latestprosecutions for export prior to closing the hopper feed. The container was fitted with a full-size fabric liner with a high level loading flap which would be zipped up once the container was full.

An investigation by the HSE into the incident, which occurred on 6th May 2015, found that the company had not carried out a suitable and sufficient risk assessment of the work at height involved in closing the zipped flaps on the fabric liners used to line containers that were being loaded with malt for export.

A system of work had developed which involved propping a 4-metre long ladder against the rear of the container to gain access to the zip-up flap. The ladder was too long for this purpose and was propped at too shallow an angle. The ladder slipped outwards at the foot causing the agency worker to fall with the ladder.

Pauls Malt Limited (trading as Boortmalt) pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974, and was fined £100,000 and ordered to pay costs of £2,257

COMPANY EXPOSE FAMILY TO RISK OF ASBESTOS A Hertfordshire-based home improvement company has been fined after the unsafe removal of asbestos material from a domestic property.

St Albans Magistrates’ Court heard how Ace of Hearts Home Improvement Limited (AOH) removed asbestos containing materials (ACM) from a domestic property in St Albans.

The Asbestos Insulation Board (AIB) soffits surrounding the underside of the guttering around the front, gable end and back of the property had been dismantled in an unsafe manner creating the serious risk of respiratory 22

exposure of asbestos fibres to the two workers and the residents of the property (family of four including two children).

An investigation by the HSE into the incident, which occurred on 25th September 2015, found that the company were not licensed to remove asbestos.

Ace of Hearts Home Improvements Limited pleaded guilty to breaching Regulation 8(1) and Regulation 16 of the Control of Asbestos at Work Regulations 2012, and The Health & Safety at Work etc. Act 1974, Section 33(1)(g) in that it failed to comply with an Improvement Notice, and was fined £100,000 and ordered to pay costs of £2,118.50.

TIMBER-FRAME FIRM FINED FOR FIRE SAFETY AND TRAFFIC OFFENCES

J G Hale Construction Ltd, based in South Wales, has been fined £100,000 for running an unsafe timber-frame construction site.

Cwmbran Magistrates’ Court heard that the HSE launched an investigation on 27th July 2015 after making an unannounced visit to inspect Hale’s site in the centre of Blaenavon.

Fifty-four timber-frame houses were under construction, which carry a serious fire risk if not planned or managed properly, as the structures are made from wood. If a fire starts, the speed and intensity of fire spread can be extreme, putting workers and even members of the public at risk of harm.

The HSE found that measures to prevent a fire starting and getting out of control had not been properly taken. All the houses were under construction at broadly the same stage with little fire protection, a lack of site management control, insufficient means to detect a fire and raise the alarm, poor control of ignition sources and a general lack of

latestprosecutions emergency planning. Workers were also at risk of being struck or crushed by construction vehicles on site.

Improvement Notices were served regarding fire and vehicle safety issues and these were complied with after two further inspection visits.

J G Hale Construction Limited, who also manufacture timber frames for the construction industry, pleaded guilty to breaching Regulations 27 and 29 of the Construction (Design and Management) Regulations 2015, and was fined £40,000 and £60,000 respectively. They were ordered to pay full prosecution costs of £4633.76 and a

statutory surcharge of £120.

After the hearing, HSE inspector Liam Osborne said: “Hale Construction had been given plenty of warnings about fire-safety and traffic risks in the recent past, including from HSE. “Timber-frame houses are perfectly safe once they’re finished and protected, but when under construction they can be very dangerous. Stringent fire-safety standards need to be in place well before the build starts, and then maintained and monitored”.

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