Bellway Homes Ltd and A D Bly Construction Ltd have today been fined after a worker was struck by a telehandler.

Basildon Magistrates’ Court heard how, on 14 July 2015, a grounds worker was run over by a telehandler whilst undertaking work in the middle of the construction site road. The grounds worker was fortunate that he passed under the body of the reversing telehandler, and not under the wheels, which would have likely resulted in his death. The resulting injuries include chipped vertebra, muscular and tendon damage and the worker has been diagnosed with post-traumatic stress disorder (PTSD).s

An investigation by the Health and Safety Executive found both the principal contractor, Bellway Homes, and subcontractor, A D Bly Construction failed in their duties to effectively plan, manage and monitor control measures to address the risks associated with construction site vehicles. The investigation also found they failed to manage and control the risk of persons being struck by a vehicle on their construction site.

A D Bly Construction Ltd of Nup End Business Centre, Old Knebworth pleaded guilty to breaching Regulation 15(2) of Construction (Design and Management) Regulations 2015 and has been fined £26,000 and ordered to pay costs of £5,271.38.

Bellway Homes Ltd of Seaton Burn House, Dudley Lane pleaded guilty to breaching Regulation 13(1) of Construction (Design and Management) Regulations 2015 and has been fined £31,500 and ordered to pay costs of £48,600.

Speaking after the case, HSE Inspector Ian Shearring said: “The risks associated with construction vehicles is well-known and both companies failed in their duties to address these. Both Bellway Homes as the principal contractor, and A D Bly as subcontractor, have today been held to account for failing to take adequate action to protect the health and safety of persons working on their site.”

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

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