Businessman fined for asbestos failure in Colwyn Bay

A businessman allowed the spread of asbestos in an industrial building by not employing licensed contractors to remove the potentially deadly material, a court has heard.

Peter Rees, the owner of a business unit in Eagle Farm Road on the Mochdre Business Park, was selling the building to another business when the incident happened in September 2012.

He appeared at Llandudno Magistrates’ Court today after an investigation by the Health and Safety Executive (HSE) identified clear failings with his management of the material.

The court heard that the company purchasing the unit had commissioned an asbestos survey that showed the presence of a large amount of asbestos insulating board.

However, instead of employing a qualified and licensed asbestos removal contractor – as the law requires – Mr Rees used a general contractor, which resulted in asbestos dust being spread inside the building.

A complaint was raised by a licensed contractor and a significant clean-up operation was then required by an authorised contractor.

Peter Rees, of York Road, Deganwy, was fined £8,000 ordered to pay £7,400 in costs after pleading guilty to a single breach of the Health and Safety at Work etc Act 1974.

HSE Inspector, Chris Wilcox, speaking after the hearing, said:

“The potentially lethal effects of exposure to asbestos are well known.

“Mr Rees’ failure to use a qualified and licensed company to remove the asbestos led to contamination inside the building. Fortunately, HSE was made aware of the incident before it was reoccupied by the new owners.

“Anyone who owns or has control of non-domestic premises has a legal duty to manage the risk of asbestos in their buildings. When asbestos is removed, it must be done by someone who is trained and competent to do the work.”

Firm in court after worker loses arm

A Powys firm has been fined for serious safety failings after a woodworker had his right arm severed while clearing sawdust from underneath a circular saw.

Brian Morris, 59, from Llanbadarn Fynnyd, was working at Stagecraft Display Ltd’s factory just outside Llandrindod Wells when the incident happened on 23 February 2012.

Llandrindod Wells Magistrates’ Court was told today (21 January) that at the time of the incident Mr Morris had finished sawing for the day and his last task after an 11-hour shift was to clean the saw and saw well.

He stopped the machine and opened the door of the well while the blade was still running down and was on one knee blowing air into the well to clear the dust. At the same time a forklift truck drove into the factory and he turned his head to look.

As he did so the moving blade caught the sleeve of his work jacket and cut his right arm. Although he managed to pull himself free, the arm was almost wholly severed.

Mr Morris was taken to hospital, where he remained for a month, but doctors were unable to successfully reattach his arm and he underwent an amputation below the elbow.

He was unable to return to work because of his injuries and has since died from an unrelated illness.

A Health and Safety Executive (HSE) investigation found that although the machine was fitted with an interlock that stops power to the saw when the door to the saw well is opened, the saw took more than 30 seconds to stop completely.

The court was also told that a self-employed machine maintenance engineer inspected the saw three months before the incident and told one of the company’s managers that it should be taken out of service or fitted with a brake which would stop the blade much sooner.

Stagecraft Display Ltd, of Esgair Draenllwyn, Llaithddu, Llandrindod Wells, Powys, was fined £10,000 and ordered to pay £11,865 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work Act etc 1974.

Speaking after the hearing, HSE inspector Damian Corbett said:

“This incident was entirely preventable. Saws cause the most injuries in the woodworking industry and power-operated circular saws are dangerous machines which have caused many serious incidents.

“Employees should not be able to gain access to dangerous parts of the machinery while they are moving and Stagecraft Display had a duty, as do all employers, to ensure that this cannot happen.

“Unfortunately in this case the saw had not finished rotating despite the fact that Mr Morris had switched it off and he then inadvertently came into contact with the moving blade, suffering a horrific injury.”

Even the big firms get it wrong, JCB fined after worker crushed

JC Bamford Excavators Ltd has been fined after a worker was left with multiple injuries after being crushed during the assembly of a telescopic handler.

Roger Pearce, 56, of Newcastle-under-Lyme, was installing the vehicle’s offside light and mirror arm at the firm’s Lakeside works in Rocester, Staffordshire, when the incident happened on 3 June 2013.

Staffordshire Magistrates’ Court today (14 January) heard Mr Pearce had to crouch down so could not be seen by a colleague testing the steering, resulting in him being crushed between a wheel and the bodywork.

He fractured ten ribs; damaged the bones at the base of his spine, and injured his bladder and kidney. He was hospitalised for ten days and is still undergoing treatment. He has not been able to return to work.

A Health and Safety Executive (HSE) investigation identified that, at the time of the incident, there was a designated area of the assembly track where hydraulic fluids were pumped into the machine and steering and other systems operated to force the fluids through the system.

HSE found the assembly sequence for the telescopic materials handler was changed, which led to the fitting of the front offside light and mirror arm being moved from a point when the hydraulics were not live, to a point when the hydraulics were live and functions such as steering were tested.

JC Bamford Excavators Ltd, of Lakeside Works, Denstone Road, Rocester pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and Regulation 3(1)(b) of the Management of Health and Safety at Work Regulations 1999 and was fined £25,000 and ordered to pay £1,390 in costs.

After the hearing, HSE inspector David Brassington said:

“This was a serious incident with Mr Pearce sustaining injuries from which he has yet to recover.

“It was also a preventable incident. JCB had allowed the introduction of a serious hazard and failed to assess the risk from this change. The controls that were in place were inadequate and Mr Pearce suffered serious harm as a result.

“Since the incident, the fitting of the light and mirror arm has been moved back to earlier in the assembly sequence when the hydraulics are not operational. Other changes have included barriers around the assembly area and the introduction of a banksman to control personnel working within it.

“The risks associated with the manufacturing processes involving large pieces of powered equipment should be assessed to ensure that there are effective controls and safe work procedures to protect those involved in this work.”

Roofing firm in court after teenager breaks back in fall

A building firm has been fined £10,000 after a 17-year-old mental health patient broke her back and pelvis when she fell over six metres from the roof of the Royal Preston Hospital in Fullwood.

W Hughes and Son Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation found the company had failed to prevent access to the scaffolding on the site.

Preston Magistrates’ Court heard today (14 January 2015) that the firm had been hired to replace the flat roof on a single-storey section of the hospital. It used scaffolding to reach the roof but failed to properly fence off the steps leading up the scaffolding tower.

The 17-year-old, who was staying in the hospital’s Mental Health Unit, was able to climb the scaffolding on 17 October 2013. She fell from the roof in the gap between two buildings and the emergency services had to remove a hospital window to free her. She was in hospital for several weeks as a result of her injuries.

W Hughes and Son Ltd, of Collinson Street in Preston, was fined £10,000 and ordered to pay £516 in prosecution costs after pleading guilty to a breach of the Construction (Design and Management) Regulations 2007.

Speaking after the hearing, HSE Inspector Chris Smith said:

“A vulnerable teenager was badly injured because W Hughes and Son Ltd failed to make sure its scaffolding was properly fenced off.

“Construction firms have a legal duty to make sure construction sites are secure and clearly signed but that didn’t happen in this case.

“It’s vital that companies think carefully about how they plan projects in public places, such as hospitals, so that members of the public are not put at risk.”