A plastic product manufacturer has been fined £1million after a delivery driver was fatally injured.

Cambridge Crown Court heard how Gareth Wilson, a delivery driver for Mark Doel Transport Ltd, was fatally injured when he was struck by a fork lift truck which had large coils suspended from the forks.

An investigation by the Health and Safety Executive (HSE) found Glynwed Pipe Systems Ltd failed to properly manage workplace transport in the yard area where employees and members of the public were exposed to the risk of being hit.  The investigation also found that the systems of work in place were not, so far as is reasonably practicable, safe.

Glynwed Pipe Systems Ltd of St Peter’s Road, Huntingdon, Cambridgeshire pleaded guilty to breaching Regulation 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974 and have been fined £1million and ordered to pay costs of £27,942.57

Speaking after the hearing HSE inspector Roxanne Barker said:  “There are more than 5,000 accidents involving transport in the workplace every year, and, like in this case, sadly some of which are fatal.

“The HSE investigation found the yard was not organised to allow safe circulation of people and traffic as appropriate routes were not identified and therefore insufficient in number. A properly implemented Traffic Management Plan should have identified sufficient measures for the separation of vehicles and people including protected walkways, clear signage and barriers.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We  prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/ and www.hse.gov.uk/pubns/books/hsg136.htm
3. HSE news releases are available at http://press.hse.gov.uk

A scaffolding company and its managing director have today been sentenced after one of its scaffolders suffered a serious injury whilst taking down a scaffold.

Brighton Magistrates’ Court heard how LS Scaffolding was contracted to erect a scaffold and temporary roof over a pair of houses to enable the conversion of the lofts. While dismantling the roof of the structure at the site on Upton Court Road, Slough, a worker fell and broke his femur.

An investigation by the Health and Safety Executive (HSE) into the incident, that occurred on 28 July 2016, found that LS Scaffolding Ltd regularly used untrained workers and failed to ensure scaffold structures were designed by competent persons. The investigation also found that the company and its director failed to ensure the work on a complex scaffold was properly planned, supervised or carried out.

LS Scaffolding Ltd of Vicarage Farm Road, Hounslow pleaded guilty to breaching Regulations 4 (1) and 8(b) (ii) of The Work at Height Regulations 2005. The company was fined £47,000 and ordered to pay costs of £7,371 with a £170 surcharge.

Lakhbir Khakh, director of LS Scaffolding Ltd of Stanwell Gardens, Staines pleaded guilty to breaching two counts of Section 37 of the Health and Safety at Work etc. Act 1974 and was sentenced to 18 weeks custodial sentence suspended for 12 months and was fined £1,700 with a £115 surcharge.

After the hearing, HSE inspector Dominic Goacher commented: “It is essential that scaffolding companies ensure that non-standard scaffolds are safely erected to a design produced by a competent scaffold engineer and that safe systems of work are planned and used by competent workers.”

 Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
2. More about the legislation referred to in this case can be found at: legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk

Martin McColl Limited and JMS Retail Concepts Limited have both been sentenced today after two members of the public tripped and fell over construction work outside a convenience store in Dinas Powys, Vale of Glamorgan.

Cardiff Magistrates’ Court heard that during the three-day construction of a concrete disabled ramp in January 2016, two members of the public were injured whilst attempting to enter the store. On 12^th January an elderly member of the public tripped over the construction work breaking her wrist, hitting her head and suffering severe bruising. The following day, the13th January 2016 another elderly member of public fell from the partially constructed ramp breaking his collar bone and suffering severe bruising.

An investigation by the Health & Safety Executive (HSE) found that construction work which was undertaken while the store was open, meant customers were required to walk through the construction site to enter and exit the store. It would have been reasonably practicable to close the store during the construction of the ramp and install barriers and signs to prevent access by members of the public.

Martin McColl Limited of Ashwells Road, Brentwood, Essex pleaded guilty on the first day of a two day trial after initially pleading not guilty to breaching Section 3(1) of the Health & Safety at Work etc. Act 1974, and have been fined £600,000 and ordered to pay costs of £11,520.

JMS Retail Concepts Limited of Stump Lane, Chorley, Lancashire pleaded guilty to breaching Section 3(1) of the Health & Safety at Work etc. Act 1974, and have been fined £40,000 and ordered to pay costs of £3,038.

Speaking after the hearing HSE inspector Gemma Pavey said “These incidents could so easily have been avoided by simply carrying out correct control measures and safe working practices.

Commercial clients and companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We seek to prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
2. More about the legislation referred to in this case can be found at: legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk

A pest control company and one of its directors have been sentenced for the unsafe storage of unauthorised biocidal products and phostoxin (aluminium phosphide).

Ipswich Crown Court heard how Rodent Service (East Anglia) Limited stored non-approved biocides and pesticides including phostoxin (used for the control of pests and vermin) at its premises at Cooke Road, Lowestoft.

An investigation by the Health and Safety Executive (HSE) arising from a report provided by Natural England into the alleged secondary poisoning of a tawny owl by a rodenticide (a biocidal compound), found various biocidal compounds which were not authorised for use improperly stored at the premises. In addition, part used canisters of phostoxin (a compound that reacts with moisture in the atmosphere or the soil to produce phosphine, a poisonous gas, used to control rabbits within their burrows) were found stored inside a filing cabinet within the workplace.

Rodent Service (East Anglia) Limited of Cooke Road, Lowestoft, Suffolk pleaded guilty to breaching Sections 2 (1) and 3 (1) of the Health and Safety at Work etc. Act 1974 The company has been fined £100,000 and ordered to pay costs of £10,000. The company was also ordered to pay a victim surcharge of £170.

Donald Eric Martin, Director of Rodent Service (East Anglia) Limited also pleaded guilty of an offence of neglect by virtue of S37 of the Health and Safety at Work etc. Act 1974. He was sentenced to a six months in prison, suspended for 12 months, and ordered to pay costs of £1000 and a victim surcharge of £115.00.

Speaking after sentencing HSE Principal Inspector Paul Carter commented: “This situation could so easily have been avoided by the company disposing of those biocidal and similar high-risk compounds not authorised for storage and use and ensuring that only sealed containers of phostoxin were kept on site stored safely in accordance with the manufacturer’s instructions. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice, promoting training; new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement. gov.uk^[1][1]
2. More about the legislation referred to in this case can be found at: legislation.gov.uk^{[2 [2]]}
3. HSE news releases are available at http://press.hse.gov.uk^[3]