A landscaping services company was sentenced today after a worker was seriously injured when a retaining wall collapsed into a trench. 

Newton Aycliffe Magistrates’ Court heard how, on 7 November 2016, an employee of Award Winning Greenfingers Limited was undertaking groundworks to install a new timber retaining structure in the rear garden of a property at Beamish, County Durham.

While excavating a trench in front of an existing blockwork wall, a section of the wall collapsed and fell onto the worker, trapping him underneath. As a result, he sustained a complex fracture to his pelvis which required surgery and he has not been able to return to work since the incident.

An investigation by the Health and Safety Executive (HSE) found that the company failed to properly plan and manage the installation of the timber structure, and had not put sufficient control measures in place to prevent the collapse of the existing blockwork wall.

Award Winning Greenfingers Limited of Saltwell View, Gateshead pleaded guilty to breaching Regulation 19 (1) of The Construction (Design and Management) Regulations 2015 and was fined £20,000 and ordered to pay costs of £1048.86 and a victim surcharge of £220.

Speaking after the hearing, HSE inspector Cain Mitchell said: “This case highlights the dangers of undermining a freestanding wall by excavating alongside the structure without appropriate planning and the necessary precautions in place.

“If the company had implemented reasonably practicable measures that minimised the risk to persons working next to such structures this incident could easily have been avoided’’.

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

Two partners in a farming company have been fined after an employee received serious injuries when his arm was drawn into the rollers of a potato grading machine.

Lincoln Magistrates Court heard today how, on 21 October 2016, an employee of Leverton Brothers was cleaning and emptying a potato grading machine when his right arm was drawn into the unguarded contra-rotating haulm rollers. In order to check that the grader was emptying, he climbed onto the side of the grader and reached across in an attempt to move the remaining potatoes. His glove was caught by the rollers, drawing his arm in and it took 45 minutes to release him.

An investigation by the Health and Safety Executive (HSE) identified that a safe stop procedure could have been followed, and that the contra-rotating rollers should have been guarded. 

David and Philip Leverton pleaded guilty to breaching Regulation 3 (1) of the Management of Health and Safety at Work Regulations 1999, and Regulation 11 of the Provision and Use of Work Equipment Regulations 1998. They were each fined £5,000 and each ordered to pay costs of £892.10

Speaking after the hearing, HSE inspector Martin Giles said:

“This injury could have been easily prevented and the risk should have been identified. Employers should make sure they properly assess and apply effective control measures to minimise the risk from dangerous parts of machinery.”

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 company that produces metal sheet components has been fined after a worker suffered burns to his, face, ears and head.

Hereford Magistrates’ Court heard how, on 12 September 2016, an employee of Mettech (Hereford) Limited sustained burns when attempting to light a gas burner present within a powder coating oven.

An investigation by the Health and Safety Executive (HSE) found the gas oven involved did not meet current health and safety standards in that it did not have a flame failure device to prevent the accumulation of unlit gas within the oven. And the gas oven had not been adequately maintained or inspected by a person competent in gas safety. The company also failed to ensure that their employees followed a safe system of work.

Mettech (Hereford) Limited of Folbigg Court, Rotherwas Industrial Estate, Hereford has pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and has been fined £20,000 and ordered to pay costs of £2685.45.

After the hearing HSE inspector Sarah Reilly commented: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.

“Companies need to be made aware that they employ people who are competent in gas safety matters to inspect and maintain their gas oven appliances and to ensure that employees are properly trained to light gas ovens.”

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 construction company has today been fined after a worker fell through a roof and suffered life changing injuries.

Glasgow Sheriff Court heard how, on 22 October 2015, the self-employed joiner was working on the construction site at Claremont Terrace, Glasgow, when he fell approximately 3.6 metres onto a pile of timber cut-offs. The employee sustained multiple fractures to his ribs and to his spine.

An investigation by the Health and Safety Executive (HSE) found that although the company had a risk assessment in place, there were no sufficient measures in place to prevent falls through a void in the roof of the building.

Fleming Buildings Limited of Auchinloch Road, Lenzie, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005, and Section 33(1)(c) of the Health and Safety at Work etc. Act 1974. The company was fined £9,335.

Speaking after the hearing, HSE inspector Graham Mitchell said: “Falls from height remain one of the most common causes of work related fatalities in this country and the risks associated with working at height are well known. This incident might have been prevented if suitable and sufficient measures had been in place such as a crash desk or safety net.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the standards required.”

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