construction health and safety news · new cdm overhaul on cards the following article, written by...

CONSTRUCTION

HEALTH AND SAFETY NEWS

150 Construction Newsletter December 2015 of 14

WELCOME TO THE CHRISTMAS EDITION

Here we are once again heading for, if not already into, the festive season. We hope that you

have found the 2015 Newsletters interesting and informative. Please email us with any

comments or suggestions to improve in 2016.

We would like to wish all of our readers a Merry Christmas and a Happy New Year for 2016.

LEGISLATION,

GUIDANCE & NEWS

New CDM overhaul on cards The following article, written by Chris

Warburton and published in Health + Safety

at Work online magazine on 3 December

2015, raises some more concern as to where

the Government is going with the

Construction (Design and Management

Regulations, and whether they care about

the health and safety of workers.

Red tape review seeks views on how

housebuilders have adapted to regulations

The overhauled Construction (Design and

Management) Regulations (CDM) could face

further change as part of a government

initiative to cut red tape in the housebuilding sector.

The Department for Business, Innovation

and Skills (BIS) and the Cabinet Office

announced yesterday that they will be

reviewing all aspects of regulation in the

industry. However, they single out the new

version of CDM, saying the government is

keen to look at how the sector is adapting to the changes.

The departments also want to hear if “any

legislation derived from EU obligations is

being implemented more strictly than

required” and will consider wider health and safety regulation.

The consultation invites all involved in

building homes to submit evidence of

legislation or enforcement that could be

made “simpler, more cost effective, efficient, proportionate or consistent”.

CDM 2015, which came into force in April

and was the third iteration of the regulations

first enacted in 1994, removed the CDM co-

ordinator and created the principal designer

(PD) role to oversee the pre-construction

phase of projects involving two or more contractors.

A decision has not been made about whether

the regulations will be supported by an

ACoP. The Construction Industry Advisory

Committee, made up of HSE, union and

business representatives, failed to reach an agreement when it met in November.

The Conservative government entered office

in May promising to cut red tape. The review

forms part of the Cutting Red Tape review

programme, which runs rolling sector regulation reviews.

“This review will give housebuilders and

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smaller construction businesses a powerful

voice as part of our £10 billion deregulation

drive,” said business secretary Sajid Javid.

“Where rules are too complicated, ineffective

or poorly enforced, I want to hear about it and the government will take action.”

When CDM 2015 came into force some

commentators predicted it would not be the

final set of regulations since a planned EU

review of the law that underpins it, the

Temporary or Mobile Construction Sites Directive, might require more revisions.

Comment by Dave Carr, Managing Director,

Callsafe Services Limited: “Although we do

not agree with some of the changes made by

CDM2015, can the Government just leave us

to sort out the best ways forward, rather

that issuing another threat to change things, yet again!”

Consultation on HSE Five

Year Strategy The Health and Safety Executive (HSE)

published details of its proposed new five-

year strategy for consultation on 16th

December 2015. Leading industry figures

and other key influencers are being urged to

have a say in shaping the future strategy for

Great Britain’s health and safety system.

The HSE Five Year Strategy has six themes

that it thinks can help the nations and regions of Great Britain work well.

The six themes for the strategy are:

1. Promoting broader ownership of

workplace health and safety

2. Highlighting and tackling the burden of

work-related ill-health

3. Supporting small firms

4. Enabling productivity through

proportionate risk management

5. Anticipating and tackling the challenges

of new technology and ways of working

6. Sharing the benefits or Great Britain’s approach

HSE Chair Judith Hackitt said: “We can be

proud of the country’s record on work-

related safety and health, it’s one of the best

in the world. Making it even better is the

challenge, so that we can all continue to help

Great Britain work well. Getting risk

management right is an enabler for

productivity, innovation and growth, and is

integral to business success as well as the

wellbeing of workers.

“We’re starting a conversation with a wide

range of influencers – including employers,

workers, local and central government,

unions, other regulators and key

representative groups – because it’s

important that this is a strategy for all, shaped by all.”

Justin Tomlinson MP, Minister for Disabled

People, with responsibility for health and

safety, said: “In Government, we are

determined to build a more productive

Britain, one that rewards hard work and

helps all to benefit from the opportunities of economic growth.

“It is essential that health and safety is part

of that, supporting British employers in their

ambition and supporting workers who want

to get on.

“Taking sensible steps to keep workers safe

and well is something that the best-run

businesses do. It’s good for people, it’s good for productivity and it’s good for growth.”

More details on how people can join in will

be released at www.hse.gov.uk/strategy in

the coming weeks. Plans include events

across Great Britain, digital discussion

groups and a campaign hashtag:

#HelpGBWorkWell.

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TRAINING &

EVENTS

Callsafe Public Courses The current public available course dates

are:

Certificate in the Management of Pre-construction Health and Safety This three day course is aimed at those

persons who will be performing the duties of

the Principal Designer on behalf of their

employer, who has been appointed to this

role by the Client. It provides knowledge on

the requirements, methods that could be

used to achieve these requirements and the

personal qualities necessary.

The course also provides for the additional

services that could be offered by the

Principal Designer, or as a separate

commission, for advising and assisting the

client with the Client’s duties.

02 - 04 February 2016 (Staffordshire)

(Ref: MPHS160202) £810.00 per

delegate, plus VAT

Design Risk Management and CDM2015 for Designers This two day course is aimed at Designers

and Design Risk Managers, providing a full

understanding of the Designers’ duties under

CDM2015 and the options that are available

for achieving these obligations.

The course could also be suitable for

Principal Designers if they are experienced in

the design requirements of CDM2007.

Discussions and debates are encouraged

throughout this course.

On completion of the course, delegates

should:

27 & 28 January 2015 (Staffordshire)

(Ref: ADRM160127) £620.00 per

delegate, plus VAT

CDM2015 Awareness This one day course is designed to provide

all persons involved in construction projects,

including current and potential clients,

project managers, principal designers,

designers, principal contractors and

contractors with a broad overview on the

CDM Regulations 2015.

18 February 2016 (Staffordshire)

(Ref: CDMA160218) £300.00 per

delegate, plus VAT

Also available is the sector-specific course,

CDM2015 for Facilities Managers, planned

for the first quarter of 2016, as shown

below.

CDM2015 for Facilities Managers This non-accredited one day course is

designed to provide Facilities Managers with

an understanding of their duties under the

CDM Regulations 2015. Larger fit-out and

refurbishment projects will be discussed as

well as planned maintenance and reactive

repair activities.

26 January 2016 (Staffordshire)

(Ref: CDMF160126)


(Ref: CDMF160210)


(Ref: CDMF160225)

08 March 2016 (Staffordshire)

(Ref: CDMF160308)

24 March 2016 (Staffordshire)

(Ref: CDMF160324)

All at £290.00 per delegate, plus VAT

Further details of these, and other, courses

can be found at:

www.callsafe-services.co.uk,

or by contacting Gemma Esprey at:

[email protected] or by

phone on: 01889 577701.

In-House Courses The above public courses, and many other

CDM and other health and safety courses are

http://www.callsafe-services.co.uk/

mailto:[email protected]

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offered as ‘in-house’ courses, where the

trainer presents the course at a venue

provided by the delegates’ employer, and

are priced at a daily rate. Details of all

courses offered can be found at:

www.callsafe-services.co.uk, most of which

can be customised to a particular customer’s

needs.

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PROSECUTIONS

Company fined for exposing employees to health risks A company who specialises in paint coatings

has been fined for exposing its employees to health risks.

Newport Magistrates’ Court heard how, in

March 2015, Specialist Paint Coatings

Limited of Cardiff was refurbishing 72 metal

window frames at premises on High Street,

Newport. They exposed employees and

others to health risks by high pressure shot

blasting old lead based paint.

An investigation by the HSE into the

incident, found that there was an inadequate

risk assessment and a lack of control

measures to reduce the risk of exposing

workers and others to lead.

Special Paint Coatings Limited was fined a

total of £9,000, with costs of £1,324 after

pleading guilty to offences under Regulation

5, Regulation 6 and Regulation 10 of the

Control of Lead at Works Regulations 2002.

Twenty one workers’ lives affected after health was carelessly ignored A Merthyr Tydfil based manufacturer has

been fined after 21 employees were left

permanently injured after being diagnosed with hand-arm vibration syndrome (HAVS).

In 2011, Linde Heavy Truck Division Ltd

appointed a new health and safety manager

who recognised the need to put measures in

place to manage HAVS, including health

surveillance. These measures had not been

in place before.

Merthyr Tydfil Crown Court heard how the

HSE investigation showed there had been no

recognition of the risks from hand-arm

vibration and no effective management of

these risks over many years.

A total of 21 employees were diagnosed with

HAVS and this was reported to HSE under RIDDOR.

The employees that are affected by HAVS

suffer symptoms such as tingling, pins and

needles, numbness and pain in their hands.

This affects sleep when it occurs at night and

they have difficulties in gripping and holding

things, particularly small items such as

screws, doing up buttons, writing and driving.

The biggest impact on the employees’ lives

was that the factory closed down at the end

of 2013 and they were made redundant.

The duties of employers regarding hand-arm

vibration have been very clearly set out for

many years, yet the company failed to

implement the necessary measures until the

risks had been identified by their new H&S manager.

HSE Inspector Helen Turner said: “The

employees were exposed to the risk of hand

arm vibration on a daily basis yet Linde

Heavy Truck Division failed to recognise this.

“There was no health surveillance to identify

http://www.callsafe-services.co.uk/

http://www.facebook.com/#!/callsafeservicesltd



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employees who might already have some

vibration damage even though they

employed ex-miners and experienced fitters,

or to pick up whether someone was suffering symptoms before they became serious.

“From 2000, when the factory opened, until

its closure in 2013 there was never a fully

compliant management system for hand arm

vibration and 21 employees have suffered life changing injuries as a result.”

Linde Heavy Truck Division Ltd pleaded

guilty of breaching Section 2(1) of the Health

and Safety at Work etc Act 1974 and was

fined £50,000 and was ordered to pay £14,793.60 in costs.

Electrical explosion leaves worker scarred for life Two construction companies have been fined

£90,000 after two workers were seriously

burned, and one scarred for life after they

cut into a live 11,000v electrical cable.

Southwark Crown Court heard the labourer

and a bricklayer were working in a House of

Lords site at Millbank, London, on 1st July 2013, to lay bricks around a manhole.

One of the men, who was 22 at the time of

the incident, hit the cable with a

jackhammer when removing old brickwork

and suffered serious burns to his arms, legs,

hands and face. He was in hospital for nearly

a month receiving treatment to his injuries.

The other worker, a 63-year-old man,

suffered significant burns to his face and

neck. He has been treated for the longer

term traumatic stress because of the

incident and is unable to continue working with drills and machines.

Clive Graham Associates Limited (CGA), who

was the principal contractor for the project,

pleaded guilty to a breach of Section 3(1) of

the Health and Safety at Work Act 1974 and was fined £45,000 with £6,612 in costs.

The employer of the two injured workers,

Bellmoor Construction Limited (Bellmoor),

pleaded guilty to a breach of Section 2(1) of

the Health and Safety at Work Act 1974 and

was fined £45,000 with £6,612 in costs.

The HSE investigation into the incident and

the conditions found at the construction site

found that CGA had failed to identify the risk

from live electrical cables that had been dug

up and exposed, failed to provide

information warning that the incident cable

was live, and failed to adequately manage the site and the contractor.

Bellmoor also failed to carry out an adequate

risk assessment before the work started,

failed to provide effective supervision during

the work and failed to check competence

before allocating tasks including the operation of the jackhammer.

Worker paralysed after fall caused by electric shock An electrical power company was fined after

a worker was paralysed after receiving an electric shock and falling from a ladder.

Cwmbran Magistrates’ Court heard how

Alan Mosley, an employee of Bristol based

Western Power Distribution PLC, suffered

permanent spinal injuries as a result of

falling from height after coming into contact

with live electrical equipment.

Mr Mosley was part of a two-man team

tasked with changing an antenna at Brithdir

Cemetery in April 2013. After climbing a

ladder, he received an electric shock when

http://press.hse.gov.uk/2015/electrical-explosion-leaves-worker-scarred-for-life/

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he touched the antenna. Pushing himself off

the ladder to avoid potential electrocution,

he fell four and a half metres.

Mr Mosley had been married for only eight

months before the incident and, as a result

of his injuries, he now has to use a wheelchair.

The investigation by the HSE found there to

be a fault in the wiring causing the external

metal to become connected to the 230v power supply.

Western Power Distribution (South Wales)

PLC was fined a total of £300,000, and

ordered to pay £18,178 in costs, after

pleading guilty to an offence under

Regulation 4(1) and 4(3) of the Electricity at

Work Regulations 1989.

Construction company fined after road roller death A construction company has been fined and

a director sentenced after an employee was

crushed by a road roller.

Swindon Crown Court heard how

Andrew Poole, employed by Globalreward

Limited of Chippenham, was killed as a

result of crushing injuries to his head when

the AMMANN AV12 ride on road roller that he had been operating drove over him.

He was sat in the driver’s seat, reversing the

machine, when the seat became separated

from the machine, causing him to fall

beneath it as it reversed. The driver’s seat

was connected to the top of a water tank

which sheared off from the body of the

machine. He fell off whilst still connected to

the seat and the roller continued to reverse over him.

The investigation by HSE into the incident,

which occurred on 13th August 2012 at

Ranch House Farm, Colerne, Wiltshire, found

that the road roller was in a poor condition and the operator was untrained.

The safety critical defects included that the

seat safety cut out switch, that would have

immediately halted the machine, had been

defeated and the emergency stop button

was missing.

Globalreward Limited was fined a total of

£10,000, with costs of £30,750, after

pleading guilty to an offence under Section 3

of the Health and Safety at Work etc Act

1974.

Paul Thomas Andrews (Director of

Globalreward Limited) was sentenced to two

months in prison suspended for two years.

He was also ordered to do 200 hours

community service for a breach of Section

37 of the Health and Safety at Work etc Act 1974.

Two firms fined after worker was seriously hurt in fall from roof A construction company and a roofing firm

have been fined after a worker was seriously

injured in a fall through the roof of a South Shields community centre.

Tony Brown was employed as a roofer by

M & C Roofing Contractors Ltd. He fell four

metres and broke six ribs in the incident on

7th December 2012. It took him a number of

months to recover.

The HSE prosecuted his employers and the

principal contractors for the project, Brims

Construction, after an investigation identified serious safety failings.

HSE inspectors found that there were no

suitable safety measures in place to prevent

a person falling through the rooflight holes.

There had been nets installed to the steel

framework just below the roof, but these

had been removed more than two weeks before the incident.

Brims Construction was fined £50,000 after

being found guilty of breaching Regulation

22(1)(1) of the Construction (Design and

Management) Regulations 2007. The

company was also ordered to pay £35,000 costs.

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M & C Roofing Contractors Ltd was fined

£8,000 after being found guilty of breaching

Regulation 13(2) of the Construction (Design

and Management) Regulations 2007. The

company was also ordered to pay £999 costs.

Two companies fined after death of wind turbine

technician Siemens Public Limited Company (plc) and

RWE Innogy UK Limited (RWE) were fined

after Colin Sinclair was killed when he came

into contact with the unguarded rotating

shaft of a gearbox within a turbine at Causeymire Windfarm.

On Thursday 10th December 2015, Tain

Sheriff Court heard how Colin Sinclair was

one of two representatives of Siemens along

with two engineers from RWE carrying out

an end of warranty inspection at the

windfarm. Mr Sinclair was appointed the senior technician for this inspection.

On 16th September 2009, Colin Sinclair and

another Siemens employee escorted the

RWE staff up to turbine 18, to the area at

the top of the wind turbine where the rotor blades are mounted.

Once at the top of the tower, a Siemens

Technician began the process to pitch the

rotor blades into the off position before

locking them off to enable the RWE

Engineers to carry out the inspections. It

was during this process that Colin Sinclair’s

harness became entangled in the high-speed

shaft coupling, causing him to be pulled in towards the shaft.

The emergency stop cord was pulled and the

emergency services called. Colin Sinclair was

pronounced dead at the scene.

The HSE investigation found that the

gearbox had been inadequately guarded

since January 2009, exposing the rotating shafts.

Siemens Public Limited Company pleaded

guilty to breaching Section 2(1) of the

Health and Safety at Work Etc. Act 1974,

and was fined £107,000.

RWE Innogy UK Limited pleaded guilty to

breaching Section 3(1) of the Health and

Safety at Work Etc. Act 1974, and was fined £45,000.

Company fined and two directors get suspended prison sentence after 27 year old killed by telehandler A landscaping company and its two directors

were sentenced after Russell Meech, a

landscape gardener, was killed when he fell under the wheels of a telehandler.

St Albans Crown Court heard how on 18

June 2013 Russell Meech was working for

Wooburn Landscapes Limited at a

construction site at “High Trees”, Leggetts

Park, Potters Bar. The company was

contracted to unload and plant trees on the

site. This included moving trees from an

articulated trailer one hundred yards to the required area of the site.

The trees were moved across the site using

a telehandler and strap. This method

resulted in the trees being unstable and

Mr Meech walked in front of the telehandler holding the tree at the stem to stabilise it.

It was during this operation that

Russell Meech tripped and fell under the

wheel of the telehandler suffering fatal injuries. He died at the scene.

The investigation by the HSE into the

incident, found that the company was not

following a safe system of work. The

operation to move the trees had not been

planned in sufficient detail to ensure that it could be carried out safely.

Wooburn Landscapes Limited was fined a

total of £50,000 with full costs of £9,680

after pleading guilty to an offence under

Section 2 of the Health and Safety at Work

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etc Act 1974.

Andrew Schofield pled guilty to an offence

under section 37 of the Health and Safety at

Work etc. Act 1974 and was given a four and

a half month prison sentence, suspended for

eighteen months and 250 hours of unpaid community service.

Mark Schofield pled guilty to an offence

under section 37 of the Health and Safety at

Work etc. Act 1974 and was given a four and

a half month prison sentence, suspended for

eighteen months and 250 hours of unpaid

community service.

Builder fined after sacks of rubble thrown from building window A Coalville construction firm working in

Leicester has been sentenced after workers

were spotted throwing sacks of rubble from a building project opposite a police station.

Police officers called the HSE as debris was

being launched out of a fifth floor window to

a flat roof several metres below. They also

saw unsafe working at open edges with no

fall protection.

HSE inspectors arrived at the site on

2nd October 2014 and witnessed the activity

first hand, and after investigating prosecuted the firm.

JA Ball Ltd. was contracted to carry out work

to refurbish former office space into flats at Allied Place, 44 Abbey Street, Leicester.

Leicester Magistrates’ Court was told

company director, Adam Ball, decided soft

stripping work should begin and walked the

site with a worker, who was not a site manager, while issuing instructions.

The court heard Ball had not ensured a

refurbishment and demolition asbestos

survey had been carried out on the site

before work commenced. No paperwork was

given to the worker regarding the methods to be used to carry out this work.

No risk assessments or site paperwork was

given to Ball’s employee and no site file

existed. There was a substantial amount of

waste generated and placed into the rubble

bags. These were initially taken down the

stairs to the flat roof and then dragged

across the flat roof and thrown over the edge into the skip at ground level.

The flat roof had a number of unprotected

fragile roof lights across it and there was no

edge protection on the flat roof. Mr Ball’s

employees then decided it would quicker to

simply throw the rubble bags out of the

window while they were working on the fifth

floor. So while standing on the window sill of

an open window bags were thrown to the flat roof before being dragged to skip.

The HSE told the court that Adam Ball had

arranged for work to begin on a site without

ensuring that the proper procedures had

been followed, and that all workers had been

given adequate information. He also made

incorrect assumptions about his employee being competent to manage this project.

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JA Ball Ltd admitted breaching of Regulation

4(1) of the Work at Height Regulations 2005

and was fined £13,000 with £1,182.00 costs.

Three companies fined after worker lost his life Three companies have been fined for safety

failings after a concrete panel fell from a

lorry and killed a worker.

Derby Crown Court heard how, on

11th January 2011, Mr Travis Hale, employed

as a driver by Punchards Haulage Limited

(Punchards) to transport a load of four

concrete panels from Derby to a construction site in Edinburgh.

The panels had been designed by VTK

Structures Limited (VTK) and manufactured

by Hanson Packed Products Limited (Hanson).

When Mr Hale arrived to collect the loaded

trailer from Hanson’s yard, three vehicle

straps supplied by Punchards had been used

to secure the load into the trailer.

Shortly after starting his journey Mr Hale

was contacted and asked to pull over to

check his load. He was joined by employees

from VTK (designers of the panels) who

advised him to fit more straps.

When Mr Hale undid one of the existing

straps, a panel weighing approximately one

and a half tonnes fell off the trailer and killed him.

An investigation by the HSE into the incident

found that the number of straps over the

load were not sufficient to secure it safely for

transport. All three companies should have

cooperated to ensure that a safer means of

securing concrete panels on the trailer were used.

Punchards Haulage Limited were fined a total

of £140,000, and ordered to pay costs of

£37,016 after pleading guilty to an offence

under Section 2(1) of the Health and Safety at Work etc. Act 1974.

VTK Structures Limited were fined a total of

£140,000, and ordered to pay costs of


under Section 3(1) of the Health and Safety at Work etc. Act 1974.

Hanson Packed Products Limited (Formerly

known as Hanson Building Products Limited)

were fined a total of £80,000, and ordered to

pay costs of £37,016 after pleading guilty to

an offence under Regulation 3(1) of the

Management of Health and Safety at Work Regulations 1999.

Worker injured falling from roof A roofing company has been fined after a

worker fell three metres from a roof.

Redditch Magistrates’ Court heard how

Woodhull Roofing Limited were refurbishing

the roof at Pitcheroak Primary School, Willow

Way, Redditch, when a worker tripped and

fell against a guardrail which did not prevent

him falling from the roof. As a result, the

worker fell three metres, sustaining injuries including bruised and broken ribs.

The following day an inspection of the roof

work was carried out by the HSE and a

Prohibition Notice was served because the

work at height arrangements were

inadequate.


incident, which occurred on

6th October 2014, found that the site was not

properly managed and the work was not

properly planned. Following the incident

effective action had not been taken by the

company to ensure the safety of employees working on the roof.

Woodhull Roofing Limited was fined a total of

£16,000 and ordered to pay costs of £1,083

after pleading guilty to an offence under

Regulation 4(1) of the Work at Height Regulations 2005.

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Construction firm fined over unsafe work practises during refurbishment JB Barbour and Co Ltd, has been fined after

a worker was killed when he was struck by a

falling signage and fascia assembly, during shop fitting work at a retail unit.

On the 6th July 2011, 26-year-old employee,

Michael Kelly, was clearing debris from the

dismantling of shop front units, when the

fastenings to the signage and fascia

suspended above Mr Kelly failed, causing

one end to drop down to the shop floor level, striking Mr Kelly and causing fatal injuries.

The HSE investigation found that the

company failed to properly assess the

supporting arrangements for the signage

and fascia, assuming they were supported

by steel hangers, and that it would be safe to remove the shop fronts.

Stafford Crown Court heard that the incident

could have been prevented if work had been

properly planned, assessed and supervised.

The company’s own method statement had

sufficient information to implement some

control measures that could have prevented

the incident, but neither the site team nor

management team recognised the need to

follow their own guidance after receiving a

holding request that had been made by their client and affected the sequence of work.

HSE inspector, Grayam Barnes, said after

the hearing: “The company as a whole failed

to recognise the danger of working

underneath a suspended object. This simple

mistake led to the unnecessary death of

Michael Kelly, a valued employee and a

young man who was well respected both

within his local community and as a musician

in a local band. The incident could have

easily been avoided by simple measures involving little, or nominal cost.”

JB Barbour and Co Limited pleaded guilty to

breaching Section 2 (1) and Section 3 (1) of

the Health and Safety at Work Act 1974 and was fined £85,000 with £89,053 costs.

Man fined for unlicensed removal of asbestos A Surrey man was fined for exposing the

residents of a house in Putney, himself and his assistant to asbestos.

Westminster Magistrates’ Court heard how

the owner of a three-storey town house in

Putney was upgrading the central heating

system of his home when his plumbers

identified that the boiler cupboard is his loft

was made of material they believed could

contain asbestos. The owner contacted

Dean Callaghan, trading as Rubbish Taxi,

after searching on the website, Checkatrade, for asbestos removal companies.

Dean Callaghan carried out the removal of

the boiler cupboard, assisted by another

worker, on 28th December 2014. During that

day the homeowner witnessed panels of

asbestos containing material (ACM) being

carried down four flights of stairs. These

panels were not bagged or wrapped,

potentially spreading asbestos through the house.

After the work was completed, he discovered

a lot of dust and debris had been left in the

loft area. He contacted an asbestos

surveying company who sampled this

material and found the loft to be widely

contaminated with asbestos. The samples

indicated that the material removed was

probably asbestos insulation board (AIB).

The homeowner had ultimately to engage a

licensed asbestos contractor to carry out an

environmental clean of the loft area in his

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home to remove all asbestos debris.

An investigation by the HSE into the

incident, identified that Dean Callaghan had

removed approximately 8m² of asbestos

insulation board and that the removal was

poorly carried out. Work of this nature

should only be carried out by companies who

hold a license granted by the HSE and,

although he had been on a training course

for low risk, non-licensable work with

asbestos, Mr Callaghan did not hold such a license.

Dean Callaghan was fined a total of £2,500,

with costs of £701 after pleading guilty to an

offence under Regulation 11(1) of the

Control of Asbestos Regulations 2012.

Businessman and construction contractor fined for safety failings A partner in a retail business and the

construction company he contacted to do roof work have been fined for safety failings.

Portsmouth Magistrates’ Court heard how

Alan Southwell had arranged for major work

to be done on the roof of his retail premises

in Carpenters Road, Brading, Isle of Wight.

The work consisted of replacing all

polycarbonate roof panels and was estimated to take three weeks.

An investigation by the HSE, as part of a

programme of proactive inspection,

determined that the work had not been

suitably planned. Neither Alan Southwell nor

the contractor, Imphouse Limited, had

identified the need to protect against falls

through the roof.

Alan Southwell was fined a total of £2,000,

with costs of £868 after pleading guilty to an

offence under Section 3(1) of the Health and Safety at Work etc Act 1974.

Imphouse Limited was fined a total of

£2,000 with costs of £971 after pleading

guilty to Regulation 4(1) of the Work at Height Regulations 2005.

Company fined after scaffolding blown over during dismantling A scaffolding company was fined after

scaffolding hit a bus and pedestrians when it blew over during dismantling.

Leicester Magistrates’ Court heard, how on

28th January 2015, Emperor Scaffolding

Limited of Leicester was dismantling

scaffolding on Charles Street when the

incident occurred. The scaffolding hit a bus,

landed on a parked van and hit two

members of the public.


incident, found that the company was not

following a safe system of work. The

scaffolding was not tied to the building and

sheeting was left in place. The scaffolding

dismantling took place over four days and

the workers failed to check the scaffolding

condition before they started or to take

adequate measures to correct defects and

ensure it would not collapse during the dismantling.

Emperor Scaffolding Limited was fined a

total of £8,000, with costs of £2,000 after

pleading guilty to offences under Regulation

28(1) of the Construction (Design and Management) Regulations.

Worker injured after falling through roof light A painting company has been fined after a

worker fell through a roof light whilst

CONSTRUCTION



working at height.

Cwmbran Magistrates’ Court heard the

employee, working for Williams Contractors

Limited, of Pontypridd, carrying out painting

work when he fell off a Youngman Board and through the roof light.

He suffered a broken left wrist and injuries

to his chest, back hip and leg and was

unable to work for six months.

The HSE investigation into the incident,

which occurred in August 2013, at

A Schulman Incorporated Limited, Crumlin,

Newport, found that there was poor planning

and supervision of the task and an unsafe method of work.

Williams Contractors Limited was fined a

total of £12,000 and ordered to pay costs of


under Regulation 4(1) of the Work at Height Regulations 2005.

Construction Company Director fined after worker’s ladder fall The director of a construction company has

been fined for safety failings after a worker

fell from a ladder, resulting in life-changing injuries.

Portsmouth Magistrates’ Court heard an

employee of MP Jacobs fell from a ladder

whilst replacing guttering on a two-storey

block of residential flats at Totton Walk, Havant, on 29th October 2014.

The 30-year-old fractured his skull, broke his

collar bone and suffered a brain

haemorrhage. His injuries caused brain

damage and he continues to have problems

with memory and tinnitus. He is still

attending hospital and is unable to work.

Martin Paul Jacobs, director of MP Jacobs

Limited, was sentenced in Portsmouth Crown

Court and was fined a total of £5,000 and

ordered to pay £5,004 in costs after pleading

guilty to an offence under Section 37 of The

Health and Safety at Work etc Act 1974. He

was also given a six-month custodial

sentence, suspended for 12 months.

Unlicensed company removes asbestos ceiling from school A construction firm removed an asbestos

ceiling in a school despite not being legally

approved to do the work.

Luton Magistrates’ Court heard that Clarks

Construction Limited were contracted by the

Board of Governors of Caddington Village

School to refurbish changing rooms, toilets

and associated areas at the school complex.

The school had arranged for a specific

refurbishment survey to be carried out for

the presence of asbestos. The survey

identified the presence of asbestos in a

ceiling of one of the rooms. Clarks

Construction Limited removed the ceiling in

August 2013 without consultation with the

school or effective reference to the asbestos

survey.

Clarks Construction Limited was fined a total

of £3,300, and ordered to pay £662 in costs

after pleading guilty to a breach of

Regulation 8(1) of the Control of Asbestos

Regulations 2012 for carrying out the work

which, given the inherent level of risk involved, requires a licensed contractor.

Demolition firm fined after

worker falls from height A demolition company has been sentenced

after pleading guilty to health and safety failings following a worker’s fall from height.

The incident happened at the Hillington

Industrial Estate in Glasgow on the

30th December 2011, when the 50-year-old

worker was carrying out work from a mobile

scaffolding platform to enable the building to

be demolished.

It appears that a cable tray swung towards

the worker as he was cutting it from the

ceiling, hitting him in the shin and knocking

CONSTRUCTION



him off balance. He fell five feet off the

platform causing severe injuries. He

fractured his right elbow and fractured his

left arm, which required surgery, and also

suffered bruising to his head. He has been

unable to return to work because of the

extent of his injuries.

The HSE’s investigation found that his fall

happened because the platform was not put

together correctly and was missing guard

rails and toe-boards. Also no suitable risk

assessment was available on site for the use

of the mobile scaffolding platform and it had not been inspected before use.

HSE Inspector, Graham Mitchell, said: “The

injured person was at risk of falling because

the tower was not put together properly.

Work at Height Regulations require those in

control of work at height to take sufficient

measures to prevent injuries and this fall could have been easily prevented.”

DSR Demolition Limited was fined £5,000

after pleading 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 Act 1974.

Be Safe & Keep Safe

From all of us at Callsafe Services Ltd

CONSTRUCTION



Contact details of organisations

mentioned in this and other Newsletters

Ai Solutions Ltd PO Box 5025, Leighton Buzzard LU7 1ZN Tel: 01525-850080 www.aisolutions.co.uk Association for Project Safety (APS) 12 Stanhope Place, Edinburgh EH12 5HH Tel: 0845-6121-290 www.associationforprojectsafety.co.uk British Approvals for Fire Equipment (BAFE) Bridges 2, The Fire Service College, London Road Moreton in Marsh, Gloucestershire GL56 0RH

Tel: 0844-335-0897 Email: [email protected] www.bafe.org.uk British Occupational Hygiene Society (BOHS) Tel: 01332-298101 British Safety Council (BSC) 70 Chancellors Road, London W6 9RS Tel: 020-8741-1231 Email: [email protected] www.britsafe.org/ BSI Customer Services BSI Standards 389 Chiswick High Road, London W4 4AL Tel: 020-8996-9001 http://shop.bsigroup.com CITB ConstructionSkills www.cskills.org Construction Industry Publications (CIP) c/o BTB Mailflight Ltd 2B Viking Industrial Estate, Hudson Road, Bedford MK41 0QB Tel: 0870-078-4400 Email: [email protected] www.cip-books.com Construction Plant Hire Association 27/28 Newbury Street, Barbican, London EC1A 7HU Tel: 020-7796-3366 www.cpa.uk.net Department for Communities and Local Government PO Box 236, Wetherby, West Yorkshire LS23 7NB Tel: 0870-839-7099 Email: [email protected] Engineering Employers' Federation (EEF) Tel: 020-7222-7777 www.eef.org.uk Electrical Contractors Association (ECA)

Tel: 020-7313-4800 www.eca.co.uk

F-Gas Support P O Box 481, Salford, M50 3UD Tel: 0161 874 3663 www.defra.gov.uk/fgas Fire Industry Association (FIA) Tudor House, Kingsway Business Park, Oldfield Rd, Hampton, Middlesex TW12 2HD Tel: 020-3166-5002 Email: [email protected] www.fia.uk.com Health and Safety Executive (HSE) Incident Contact Centre Tel: 0845-300-9923 www.hse.gov.uk Health and Safety Executive for Northern Ireland (HSENI) www.hseni.gov.uk

info4fire.com www.info4fire.com International Institute of Risk and Safety Management (IIRSM) Suite 7a, 77 Fulham Palace Road, London, W6 8JA Tel: 020-8741-9100 Email: [email protected] www.iirsm.org Keeleys Solicitors 28 Dam Street, Lichfield, Staffordshire WS13 6AA Tel: 01543-420000 National Underground Assets Group (NUAG) www.nuag.co.uk/ Office of Public Sector Information www.opsi.gov.uk Occupational Safety and Health Consultants Register (OSHCR) www.oshcr.org The Fibre Cement Manufacturers Association Ghyll House, Cock Road, Cotton, Stowmarket IP14 4QH Tel: 01449-781577 The Loss Prevention Council Tel: 020-8207-2345 The Stationery Office Ltd (TSO) Tel: 0870 600 5522 www.tsoshop.co.uk TUC Publications Tel: 020-7467-1294 National Access and Scaffolding Confederation (NASC) Tel: 020-7397-8120 www.nasc.org.uk

http://www.aisolutions.co.uk/

http://www.associationforprojectsafety.co.uk/


http://www.bafe.org.uk/


http://www.britsafe.org/

http://shop.bsigroup.com/

http://www.cskills.org/


http://www.cip-books.com/

http://www.cpa.uk.net/

http://www.eef.org.uk/

http://www.eca.co.uk/

http://www.defra.gov.uk/fgas


http://www.fia.uk.com/

http://www.hse.gov.uk/

http://www.hseni.gov.uk/

http://www.info4fire.com/


http://www.iirsm.org/

http://www.nuag.co.uk/

http://www.opsi.gov.uk/

http://www.oshcr.org/

http://www.tsoshop.co.uk/

http://www.nasc.org.uk/

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