Care provider, The Richmond Fellowship Scotland, has been fined after being found guilty of health and safety breaches after a vulnerable adult with severe learning difficulties drowned in a bath.

Glasgow Sherriff’s Court heard that on 10 June 2016, at Cherry Tree Court in Cambuslang, Glasgow, one of the residents, Margaret Glasgow, a vulnerable adult with severe learning difficulties, drowned in a bath within her flat in the early hours of the morning.

The Richmond Fellowship had supplied a baby monitor to alert support workers that Ms Glasgow was out of bed but a HSE investigation found that it was neither suitable nor sufficient as she was so light on her feet.

The two support workers, one of which was on her first shift at Cherry Tree Court and who also were supporting four different service users in four different flats, failed to hear that Ms Glasgow was out of bed.

Sometime during the early hours of the morning of 10 June 2016, she was able to run a bath in which she subsequently drowned. The water to the flat should also have been isolated but neither carer knew to do so.

HSE’s investigation concluded that there were severe staff shortages at the time of Ms Glasgow’s death which resulted in two carers who were not familiar with Ms Glasgow being put in charge of her care over-night. Richmond Fellowship had no specific induction procedures at Cherry Tree Court and relied on staff finding time to read the care plans after their shift had commenced. There were no clear shift plans to alert the support workers to the critical needs of the four people they were supporting and no clear instructions on how checks should be made.

Staff had raised concerns on a number of occasions after finding Ms Glasgow out of bed, but Richmond Fellowship had failed to put more appropriate measures such a door sensors or pressure mats in place.

The Richmond Fellowship Scotland of Cumbernauld Road, North Lanarkshire pleaded not guilty to charges under Section 3 of the Health and Safety at Work (etc) Act 1974 but were found guilty following a two-week trial.

The organisation was fined £450,000.

Speaking after the hearing, HSE inspector Kathryn Wilson, said: “This was a desperately tragic case which has left Ms Glasgow’s family devastated.

“The baby monitor was a wholly inappropriate method of alerting staff that a resident was out of bed, being designed to alert a parent that a baby is crying or choking.

“Margaret Glasgow should have been safe at Cherry Tree Court but a failure by the Richmond Fellowship Scotland to identify and put in place simple and reasonably practicable safety measures resulted in two support workers being given insufficient information to protect this vulnerable lady in their care.”

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 sea food processing company has been fined after a worker died following injuries sustained when she was run over by a forklift

Lerwick Sheriff Court heard on 31 January 2018, that Karen Allen’ an employee of QA Fish Ltd suffered significant leg injuries as a pedestrian, following a vehicular collision in Scalloway, Shetland.

A joint investigation by the Health and Safety Executive (HSE) and Police Scotland found that no site-specific workplace transport risk assessment had been carried out. The use of the forklift truck was critical for the function of the business and the company failed to provide suitable and sufficient control measures to ensure that pedestrians and vehicles could circulate in a safe manner in the exterior of the premises, particularly with regards to the forklift truck.

The company failed to implement effective arrangements for the management of health and safety and also failed to act on the advice of a health and safety consultant several years prior to the incident.

QA Fish Ltd of Blacksness Pier, Shetland have pleaded guilty to breaching Section 2(1) and Section 33(1)(a) of the Health and Safety at Work Act 1974 and have been fined £80,000, to be paid within 12 months.

Speaking after the case HSE inspector Connor Gibson said “The tragic outcome of this incident clearly highlights why dutyholders must ensure that vehicle and pedestrian movements at their work site are properly assessed and adequately controlled. This fatal incident could and should have been prevented via suitable and sufficient control measures segregating pedestrians from vehicle movements.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We 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 timber company has been fined after an employee suffered serious injuries when his thumb came into contact with a saw blade.

High Wycombe Magistrates’ Court heard that on 13 February 2019, Maceij Rudnicki, was setting up the floor mounted band resaw for a production run when his hand was drawn towards the blade with the power feed on.  The thumb on his right hand was severed when it made contact with an unguarded blade.

An investigation by the Health and Safety Executive (HSE) found that Watford Timber Company Limited had failed to take the machine out of use when the guard stopped working because it did not have adequate arrangements in place to check and monitor their machines to ensure that guards and other protective devices remained in good working order.

Watford Timber Company Limited of Olds Approach, Tolpits Lane, Watford pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and Regulation 5 of The Management of Health and Safety at Work Regulations 1999. The company was fined £13,400  and ordered to pay costs of £5,358.05.

Speaking after the hearing, HSE inspector Nigel Fitzhugh, said: “The incident could have been easily avoided had the company taken the machine out of use and repaired the guard as soon as it became inoperable. Employers must ensure that machinery guarding is kept in good working order.”

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/
3. HSE news releases are available at http://press.hse.gov.uk

A timber company has been fined after an employee suffered serious injuries when his thumb came into contact with a saw blade.

High Wycombe Magistrates’ Court heard that on 13 February 2019, Maceij Rudnicki, was setting up the floor mounted band resaw for a production run when his hand was drawn towards the blade with the power feed on.  The thumb on his right hand was severed when it made contact with an unguarded blade.

An investigation by the Health and Safety Executive (HSE) found that Watford Timber Company Limited had failed to take the machine out of use when the guard stopped working because it did not have adequate arrangements in place to check and monitor their machines to ensure that guards and other protective devices remained in good working order.

Watford Timber Company Limited of Olds Approach, Tolpits Lane, Watford pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and Regulation 5 of The Management of Health and Safety at Work Regulations 1999. The company was fined £13,400  and ordered to pay costs of £5,358.05.

Speaking after the hearing, HSE inspector Nigel Fitzhugh, said: “The incident could have been easily avoided had the company taken the machine out of use and repaired the guard as soon as it became inoperable. Employers must ensure that machinery guarding is kept in good working order.”

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/
3. HSE news releases are available at http://press.hse.gov.uk

Side Extensions Limited, a Hertfordshire-based construction company, has been fined for not having safety measures in place for working at height which caused the fall and death of an 86-year-old woman.

Southwark Crown Court heard that on 2 December 2019 Mrs Iris Keys entered a construction site at St Ann’s Hill, Wandsworth, London. She walked up a flight of stairs, across the first floor and fell from the edge of an unprotected stairwell. Mrs Keys suffered serious injuries including a fractured hip, fracture to her right arm, a dislocated left shoulder and lacerations to her forehead and right leg. She subsequently died from her injuries at St George’s Hospital five days later.

An investigation by the Health and Safety Executive (HSE) found that Side Extensions Limited was in control of work at height and had a duty to take suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury. HSE’s investigation found it would have been reasonably practicable to ensure that the entire stairwell opening had been boarded over with a suitable material before the removal of the bannisters. This would have allowed a window to be installed without risks to falls. If the stairwell needed to be reopened after installation of the window, temporary guard rails or barriers could have been installed before the board over the stairwell opening had been removed.

Side Extension Limited of Penningtons, Bishop’s Stortford, Hertfordshire, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005. The company was fined £50,000 and ordered to pay costs of £10,061.86.

Speaking after the hearing, HSE inspector Saif Deen, said: “This tragic incident led to the avoidable death of an elderly lady. The case highlights the importance of following guidance and the law which requires duty holders to properly plan, manage and monitor the risks resulting from work activities at their construction sites.

“The death could have been prevented had the employer acted to identify and manage the risks involved, and to put a safe system of work in place.”

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