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HSQE Newsletter 2022 05
HSQE Newsletter 2022 05
• Conifers
As 2022 also marks our own anniversary of being in business • Field maples
for 20 years, we set ourselves the target of planting 200 trees. • Hollies
• Hornbeams
• Plum trees
• Wild cherries
HSQE
HSQE HSQE
20Years
Inspiring positive change
2002 - 2022
HSQE
Six members of the HSQE Ltd team doing their bit to help plant
200 trees in support of the initiative and our 20th anniversary.
You can find out more about the Queen’s Green
Canopy initiative, how you can support it and ideas about
what trees to plant by visiting the QGC website at:
https://queensgreencanopy.org/
(From left: Emily, John, Linda, Alice, Max and Jamie)
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Study IOSH Managing Safely® with us online and receive 5 bonus courses at no extra cost
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Worker fell from a ladder Employee injured by safe system of work and to recognise the way in which their
employees were working. In addition, sufficient training had
unguarded machinery not been provided to employees.
Summary
A jam and preserve manufacturer has been prosecuted after a
Summary What was the outcome?
worker sustained multiple fractures after falling from a ladder.
A North West company that manufactures soft furnishings has The company pleaded guilty to breaching section 2(1) of the
been fined after an employee sustained serious hand injuries Health and Safety at Work etc. Act 1974. The company was
What happened?
whilst working on an automatic duvet rolling machine. fined £13,600 and ordered to pay costs of £17,260.
On the 6 April 2020, a worker was installing a security camera
on the outside of a building using an unsecured ladder. The
What happened? Company director accepted a formal caution with regard to
ladder slipped and the worker fell approximately 15ft
On 13 November 2018, two employees of the company had breaching Section 2(1) of the Health and Safety at Work etc.
sustaining multiple fractures to his right arm, left leg,
been instructed to sew and pack duvets by the company’s Act 1974.
cheekbone and a dislocation of his backbone.
managing director. The machine was being trialled by the
company. Anything else?
How did things go wrong?
The HSE inspector said after the hearing : “This injury was
The Health and Safety Executive (HSE) found the work at
One of the employees using the machine was not authorised entirely preventable and could have been avoided by ensuring
height had not been properly planned, and alternative access
to operate it or trained in its use. Whilst the employee was checks were carried out on the machine prior to its use. It was
equipment to allow safe working at height had not been
using the machine to pack the duvets, he was able to reach important to ensure the sensors were in good working order
considered. No training had been provided to either the
into the machine through a gap in the door guard, in order to and that the machine was being operated safely, with a
injured party or others in relation to work at height. There was
adjust the duvet being rolled. As he did so he made contact suitable guard in place.
also a failure to ensure effective monitoring of work at height
with moving parts inside, sustaining injuries to his right hand, “Adequate supervision should also have been in place to
practices to identify any shortcomings in the company’s
including severing part of his middle finger. ensure the machine was not being used by untrained or
procedures which had persisted for some time.
unauthorised operatives. Directors also have a responsibility
How did things go wrong? to ensure that they recognise the way in which their
What was the outcome?
An investigation by the Health and Safety Executive (HSE), employees are working and deal with any unsafe working
The food company pleaded guilty to breaching section 2 of the
found that foil had been placed over the sensors on the sliding practices.”
Health and Safety at Work etc Act 1974. They were fined
perspex door guard, allowing it to be opened during operation,
£40,000 and ordered to pay costs of £5,344.30
providing operators with a clearer view of the duvet in the
machine.
Anything else?
The HSE inspector said: “Those in control of work at height
The managing director failed to take action when he observed
have a responsibility to properly plan and supervise the work
unauthorised use of the machine by the untrained employee
to ensure suitable equipment is selected. They also should
and was unaware that the sensors had been overridden Send an email to us at
provide the necessary information, instruction and training to
despite being present in a supervisory role at the company’s newsletter@hsqe.co.uk to receive a free
workers.”
premises. The company and its director failed to provide a copy of this newsletter each month.
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2002 - 2022 HSQE Newsletter | May 2022
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Accident involving a press Goat farming company fined Workers arm crushed in a
led to a fatal injury after fatality conveyor belt
Summary Summary Summary
An engineering company specialising in the manufacture of A goat farming company has been fined for safety breaches A Bristol based skip hire company has been fined after an
containers and drums has been sentenced after a worker was after a farm worker was run over and fatally wounded. employee sustained crush injuries to his arm.
fatally injured.
What happened? What happened?
What happened? On 1 August 2018, 53-year-old female employee of the On 30 May 2018, an employee of the skip hire company was
On 21 May 2018, whilst working at a site in an industrial company was struck by a reversing telescopic materials asked to repair a conveyor belt feeding the picking station. He
estate, the fatally injured man was lying on his back, handler vehicle (telehandler) whilst working at a farm in York. was injured when his arm was drawn into the mechanism
underneath the raised middle section of a Hugh Smith 1000 She was seriously injured and air-lifted to Hull Royal Infirmary whilst realigning the belt. The employee was rescued by the
tonne capacity press, using a hand-held electric grinder to where she died later that day. Fire & Rescue Service.
remove a weld from the base of a large metal piston. When
the weld was removed, the internal ram fell through to the How did things go wrong? How did things go wrong?
ground, crushing the man resulting in instant death. An investigation by the Health and Safety Executive (HSE) An investigation by the Health and Safety Executive (HSE)
found that when the employee had finished milking the goats, found that Bateman Skips Ltd failed to ensure that the
How did things go wrong? she walked through a corridor and stepped out into the path of workforce was provided with adequate training and suitable
An investigation by the Health and Safety Executive (HSE) the reversing telehandler. The driver was unable to see the safeguards for dealing with blockages and adjusting the
found that the company failed to carry out a risk assessment worker so could not take action, and she was struck by the equipment.
and ensure a safe system of work on the Hugh Smith 1000 vehicle.
tonne capacity press. The 20-tonne middle section of the press What was the outcome?
was raised using fork lift trucks which exceeded their safe What was the outcome? The company pleaded guilty to breaching Section 2(1) of the
working load, in order to access the underside of the press. The company pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc. Act 1974. The company was fined
Health & Safety at Work etc Act 1974. It was fined £180,000 £50,000 and ordered to pay costs of £10,205.80.
What was the outcome? and ordered to pay £20,000 in costs.
Following a trial in front of a jury, the company was found Anything else?
guilty of breaching Section 2(1) of the Health and Safety at Anything else? Speaking after the hearing, the HSE inspector said:
Work etc. Act 1974. The Company was fined £500,000 and Speaking after the hearing, the HSE inspector said: “Those in control of work have a duty to assess the risks and
ordered to pays costs of £145,487 “Pedestrians and vehicles need to be kept apart at all work devise safe methods of working to provide the necessary
sites and this includes agriculture. information, instruction and training to their workforce.
A director of the company was acquitted of an associated “This incident could so easily have been avoided by simply “Employers must ensure that the power source of machinery
charge under Section 37 of the Health and Safety at Work etc segregating vehicles and pedestrians.” such as this is isolated and physically locked off whenever the
Act 1974. guards are removed.”
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Inspiring positive change
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Asbestos removal company A company director pleaded guilty to breaching Sections 2(1) What happened?
and 3(1) of the Health and Safety at Work etc Act 1974. He has In February 2019, the Health and Safety Executive (HSE)
fined for failing to protect been sentenced to 10 months in prison and has been received a RIDDOR report from the council, relating to the
workers from risk disqualified from being a director for five years. diagnosis of a case of Hand-Arm Vibration Syndrome (HAVs).
An improvement notice was served to the council in July 2019
Summary The contracts manager pleaded guilty to breaching Sections 2 requiring the council to improve their control of HAVs.
An asbestos management company has been fined and two of (1), 3(1) and 33(1)(m) of the Health and Safety at Work etc Act Subsequent to this, a further ten cases of vibration- related ill-
its employees have been jailed for failing to protect workers 1974. He was sentenced to 15 months in prison and health, unrelated to the RIDDOR report, were uncovered and
from asbestos exposure during a major refurbishment project disqualified from being a director for 10 years. reported late. Four more reports were also filed, but these
in Plymouth were on time. Regular use of vibrating tools causes the painful
The HSE inspector said after the hearing: “The company – a and disabling disorder which, in this case, has left the
What happened? previously licensed asbestos removal contractor – failed to employees with nerve damage to the hands and arms, making
The company had been contracted to carry out an asbestos work within the law despite having a wealth of knowledge on everyday tasks and leisure activities difficult or impossible.
survey, remove all identified asbestos-containing materials the risks associated with exposure to asbestos and the
(ACMs) from the building and then carry out the initial strip- necessary training to have done so safely. They deliberately How did things go wrong?
out of the building before it was refurbished. In February 2017, falsified documents and cut corners. The HSE found that there had been insufficient supervision and
concerns were raised by workers at the company who believed “Workers should be supported by their employers when they monitoring by the council to ensure that operatives accurately
they were being put in danger whilst carrying out raise health or safety concern. This case sends a clear message recorded their levels of exposure to vibration. Furthermore,
refurbishment work at the former department store. that those responsible will be held to account for their failings. health surveillance records had not been acted upon promptly
“The dangers associated with asbestos are well known and a to reduce or stop exposure levels when symptoms were
How did things go wrong? wealth of advice and guidance is freely available from HSE and reported. In addition to this, risk assessments were not
The Health and Safety Executive (HSE) found irregularities in other organisations.” adequate for controlling the amount of exposure of operatives,
the asbestos surveys and clearance certificates, with some of and practices had not been implemented to prevent
them found to be fraudulent. The HSE also found that the overexposure. Had these measures been in place the total of
company had deliberately cut corners in managing the danger Lancashire County Council fifteen reported HAVs incidences of ill-health could have been
prevented. It was also found that the council had failed to send
of asbestos exposure, thereby putting workers at risk.
fined over Hand Arm reports of the various diagnoses to HSE without delay as
What was the outcome? Vibration issues required under the RIDDOR regulations.
The company, a director and the contracts manager were all
prosecuted. Summary What was the outcome?
Lancashire County Council has been fined after several The Council pleaded guilty to breaches of Section 2 (1) and 3(1)
The company pleaded guilty to breaching Section 2(1) and 3(1) employees carrying out work in the highways department of the Health and Safety at Work etc. Act 1974 and Regulation
of the Health and Safety at Work etc Act 1974 and was fined developed a debilitating nerve condition as a result of failure 8 of the RIDDOR Regulations 2013. The Council was fined
£100,000. to control exposure to vibration. £50,000 and ordered to pay costs of £10,366,78.
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What happened?
On 6 July 2014, when an employee was working in a trench as
part of a project carrying out excavation work outside Stafford
railway station. The wall of the trench collapsed, burying the
worker.
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Gas fitter and builder What was the outcome? Two companies fined after a
The company that carried out the work pleaded guilty to a
sentenced for unregistered breach of Regulation 3(3) of the Gas Safety (Installation and delivery driver was injured
gas work Use) Regulations 1998. The owner was sentenced to 10 by falling pallet
months in custody, suspended for 12 months, was placed
Summary under a curfew, was ordered to pay £1,644 in compensation to Summary
A gas fitter and building company have been sentenced the owners of the property, and pay £4,747.68 in costs. Two West Yorkshire businesses have been fined for safety
following unsafe and unregistered gas work. breaches after a HGV driver suffered a fracture to one of his
The principal contractor pleaded guilty to a breach of Section 3 neck vertebrae.
What happened? (1) of the Health and Safety at Work etc. Act 1974. The
A company was hired in February 2019 by a principal company was fined £50,000 and ordered to pay £4,859 in What happened?
contractor for a domestic renovation in South London. They costs. On 5 August 2020 the delivery driver, an employee of company
were tasked with carrying out plumbing and gas work including A was struck by one or two falling pallets. The pallets were
the installation of a new gas boiler and gas cooker. Anything else? being unloaded from a HGV trailer by a Company B Fork-lift
However, some of the gas work was later found by a Gas Safe Speaking after the hearing, the HSE inspector said: truck (FLT) operator at the latter company’s site.
Register inspector to be ‘Immediately Dangerous’, meaning it “All gas work must be done by registered Gas Safe engineers to
would be an immediate danger to life or property if connected ensure the highest standards are met to prevent injury and How did things go wrong?
to a live gas supply, as it was in this case. loss of life. An investigation by the Health and Safety Executive (HSE)
“HSE will not hesitate to take enforcement action against found that both companies failed in their duty to provide a
How did things go wrong? people who break the gas safety rules, which are in place to safe system of work.
An investigation carried out by the Health and Safety Executive protect the public. We would encourage anyone who is asking
(HSE) found that the company was not registered with Gas for gas work to be done to make sure they check the engineer They also failed to put in place simple control measures to
Safe Register which is a requirement under the Gas Safety has the right skills and is registered with Gas Safe Register. ensure that all delivery drivers who visited the site were
(Installation and Use) Regulations 1998 for people who Homeowners can ask to see the engineer’s Gas Safe Register moved to a safe location for waiting, whilst HGV trailers were
undertake gas work. identification card, which contains key information. being unloaded by FLTs.
“By law, businesses should make reasonable efforts to obtain
The investigation also found that the principal contractor did evidence that any person they intend to perform gas What was the outcome?
not check that the company was registered to do the work. installation work, either under contract or on their own behalf, Company A pleaded guilty to breaching Section 2(1) of the
is a member, or employed by a member, of Gas Safe Register.” Health and Safety at Work etc Act 1974. The company was
fined £4,000 and ordered to pay £4806.60 in costs.
Send an email to us at newsletter@hsqe.co.uk to Company B pleaded guilty to breaching Section 3(1) of the
Health and Safety at Work etc Act 1974. The company was
receive a free copy of this newsletter each month. fined £50,000 and ordered to pay £4,654.90 in costs.
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HSE issue an LEV eBulletin • Are there any signs it is not working properly, like smells or Building Safety Bill: Bill
settled dust near the LEV hood?
• Are there any unusual noises or vibration coming from it?
receives Royal Assent
The Health and Safety Executive (HSE) has issued a Local
Exhaust Ventilation (LEV) eBulletin aimed at employees. • Has it been thoroughly examined and tested, with a 'tested'
label that is within date? The Building Safety Bill received Royal Assent on 28 April 2022,
• Have you told your supervisor about anything you think and has now completed all the parliamentary stages in both
In the eBulletin, the HSE highlight actions employees should be
may be wrong? Houses to become an Act of Parliament called The Building
following and signpost additional help, relevant publications
Safety Act.
and other information available on HSE’s website.
The eBulletin goes on to cover capture Hoods and how to work
safely with them. It notes that the most common type of LEV Many of the measures included within the 252-page bill are
The HSE say ‘… LEV in the workplace should be effectively
hood is called a capture hood. This is where the process, likely to take between a year and 18 months to introduce,
carrying away the harmful dust, mist, fumes or gases at the
source and contaminant cloud are outside the hood and the according to the Government.
point where they are generated.’
hood has to generate sufficient airflow at and around the
source to ‘capture’ and draw in the contaminant-laden air. The Building Safety Bill is designed to give residents more
They point out that, in order for LEV to be effective, it needs to
power to hold builders and developers to account and toughen
be:
Employers must provide employees with information and sanctions against those who threaten their safety. It will also
instruction on how to use any LEV correctly. Each LEV system establish a Building Safety Regulator that will oversee the new
• the right type for the job;
should have a user manual that details how to use the system regime and be responsible for ensuring that any building safety
• installed properly and be commissioned in the first place;
safely. risks in new and existing high rise residential buildings of 18m
• used properly; and above (or of seven storeys or more) are effectively
• checked regularly and maintained throughout the year; managed and resolved.
If the LEV has a positionable capture hood, this should include
• tested and examined thoroughly by a competent person at
information on how close the hood needs to be in order for it
least once every year; and The Government published a full transition plan for the Bill
to effectively ‘capture’ or control the harmful substances that
• checked if moved that can be viewed at: https://assets.publishing.service.gov.uk/
are generated. Positioning the hood correctly is very
important, because if this is not right, then the LEV may not be government/uploads/system/uploads/attachment_data/
They also say that before employees begin to use LEV, it is file/999356/Timeline_for_Transition_Plan.pdf
as effective as you think. Employees should also be provided
important to check that it is working correctly. One way of
with sufficient information to know the size and shape of the
doing this is to complete a daily check of the following: The current copy of the bill can be accessed at:
capture zone for the capture hood, so that they can work
within it and position the hood correctly. https://bills.parliament.uk/bills/3021
• Does the airflow indicator show the LEV is working
properly? The Government has published a a brief explainer here:
More information is available at:
• Is it taking away all the harmful dust, mist, fumes and gas? https://assets.publishing.service.gov.uk/government/uploads/
https://www.hse.gov.uk/lev/
(some of these may be invisible) system/uploads/attachment_data/file/999440/
https://www.hse.gov.uk/pubns/indg409.htm
• Is the LEV close enough to the source of the dust, mist, Building_Safety_Bill_-_explainer.pdf
https://www.hse.gov.uk/pubns/books/hsg258.htm
fume or gases so it can do its job properly?
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20
Years
Inspiring positive change
2002 - 2022 HSQE Newsletter | May 2022
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20
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Inspiring positive change
2002 - 2022 HSQE Newsletter | May 2022
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20 Years
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Child Sexual Exploitation Safeguarding Children
Awareness Level 1
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Display Screen Equipment Infection Prevention &
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Abrasive Wheels Electrical Safety Awareness IOSH Safety for Executives &
Awareness Directors
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