Professional Documents
Culture Documents
20Years
Inspiring positive change
2002 - 2022
one, including children,
should ride on the footplate
of any agricultural machine.
HSE
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20
Years
Inspiring positive change
2002 - 2022 HSQE Newsletter | March 2022
Letting company and its in the last five years relating to its failure to arrange gas safety Worker fell from height
checks at properties rented out by it, including the property
director have been fined for subject to the current case.
Summary
gas safety failings A company has been sentenced for breaches of safety
What was the outcome?
regulations after an employee fell through a gap in scaffolding
Summary The company pleaded guilty to breaching the Gas Safety
and sustained multiple injuries whilst working on a building.
A letting agent company and its director have been fined for Installation and Use Regulations 1998, Regulation 36(3) and
failing to carry out essential safety checks on gas appliances in failing to comply with the requirement to provide information
What happened?
their rental property. under Health and Safety at Work etc Act 1974, Section 20 was
On 15 November 2017, a 20-year-old labourer who was
fined £12,000 with £2,245.28 costs.
working on the roof, fell three metres through a gap in the
What happened? scaffolding onto an office roof below causing injuries to his left
The court heard how the company acting as landlord failed to The director pleaded guilty to breaching Section 37(1) of the
wrist and hand.
carry out the annual gas safety check at their rental property in Health and Safety at Work etc Act 1974 and was fined £3,000
Colchester, Essex. with £ 2,245.28 costs.
How did things go wrong?
The Health and Safety Executive (HSE) found that when the
The company was served with an Improvement Notice Each defendant was ordered to pay a further £170 as a
labourer was moving insulation panels on the roof, he
requiring the checks to be carried out, but they failed to do so government surcharge.
stumbled and fell through the gap. Although the company had
within the specified timeframe. taken measures to reduce the risk of a fall the scaffolding did
Anything else?
not fully extend along the roof in the area where the insulation
They also failed to provide details of the tenancy agreement After the hearing, a HSE inspector said: “Landlords must ensure
panels were stacked and stored. The fall caused the labourer
when requested to do so by a Health and Safety (HSE) gas appliances at their tenanted properties are maintained in a
to sustain a dislocation to his left wrist and a broken bone in
inspector using her powers under Section 20 of the Health and safe condition and are checked by a Gas Safe Register engineer
his hand which has required him to undergo several
Safety at Work etc Act 1974. at least every 12 months.”
operations.
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A company, a director and The excavator then tumbled down the stockpile and collided What happened?
with a worker who was catapulted off the crushing machine he In that case, the Magistrates’ Court had previously heard that,
an excavator operator fined was maintaining at the time. The 58-year-old worker suffered on 4 December 2020, the wagon driver’s tipper vehicle was
after two workers sustain multiple fractures to both legs, a dislocated kneecap, a right being loaded with rubbish by a 360 Excavator. He was standing
severe injuries in separate sided fracture to the pelvis and hip, two punctured lungs, and a
right sided fracture to the skull. He also required ten stitches to
watching this being done. He then approached the side of the
wagon to retrieve some overhanging rubbish, before walking
incidents the head. He remained in hospital for a year, during which time between the excavator and wagon and standing towards the
his right hip was removed. His right leg is now significantly rear of the vehicle near to the right-hand track of the
Summary shorter than his left leg. excavator. The excavator tracked forwards, dragging his right
A company, ’Person A’ and ’Person B’ have been sentenced for leg under it, and crushing it.
safety breaches after a worker was struck by a falling What was the outcome?
excavator. In addition, the company was sentenced for safety The company pleaded guilty to breaching Section 2 (1) and His right leg was broken and degloved below the knee. He
breaches in a separate incident after a wagon driver sustained Section 3 (1) of the Health & Safety at Work etc Act 1974. The underwent several operations to repair the open fractures and
severe crush injuries to his right leg when he was dragged company was fined £70,000. have muscle and skin grafts. A muscle graft subsequently failed
under a 360 excavator. in his right ankle and following other complications his right leg
‘Person A’ was a director of the company. He pleaded guilty to was amputated below the knee. His left leg has also been left
What happened? breaching Section 2 (1) and Section 3 (1) by virtue of section 37 badly scarred and damaged from the skin and muscle grafts
In March 2018, the company was engaged in waste (1) of the Health & Safety at Work etc Act 1974. taken from it.
management/collection of non-hazardous waste, typically
tarmac, brick rubble and broken concrete, which is further He was sentenced to an eight-month custodial sentence, How did things go wrong?
broken down and then sold on as hardcore to building sites. suspended for two years, and 160 hours of community service. An investigation by the HSE found that there was no effective
The sole director is ‘Person A’. Prior to the incident, the He is also required to attend 20 rehabilitation activity segregation between heavy vehicles and pedestrians in the
company were using agency staff on occasion to cover some requirement days and pay £2,242.50 costs. yard. CCTV footage of the two weeks prior to the accident
tasks. showed several occasions where plant machinery almost
‘Person B’, the Excavator Operator, pleaded guilty to breaching contacted a pedestrian. In the period immediately prior to the
How did things go wrong? Section 7 (a) and Section 3 (2) of the Health & Safety at Work accident, other pedestrians are seen on foot within the danger
The Health and Safety Executive (HSE) found that ‘Person B’ etc Act 1974. He received an eight-month custodial sentence, zone of the excavator as it is loading wagons with rubbish.
had been initially employed as a crusher machine operator via suspended for two years, and an order to pay £2,242.50 costs.
an employment agency and held a Construction Plant What was the outcome?
Competence Scheme (CPCS) card to do so. However, he was Anything else? With regards this incident, the company pleaded guilty to
then employed directly by ‘Person A’ to operate a tracked The company was also sentenced in relation to a later incident breaching Section 2 (1) of the Health & Safety at Work etc Act
excavator, despite not holding formal qualifications for in which a wagon driver sustained severe crush injuries to his 1974. For this offence, the company was fined £50,000 and
operating one. ‘Person B’ was using the excavator to “munch” right leg when he was dragged under a 360 excavator. ordered to pay a total of £8,750 costs.
a stockpile when the ground below the excavator collapsed.
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20
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Sole trader fined for failing Health and Safety Executive (HSE) carried out six site Teaching assistant injured
inspections between 1 May and 28 November 2018. Person A
to comply with health and was served with three prohibition notices for breaches of the in a fall from height
safety regulations Work at Height Regulations 2005 and another prohibition
notice for the stability of roof trusses. He was also served three Summary
improvement notices for the control of wood dust, access and A Church of England Junior Infants and Nursery School has
Summary
egress and competent supervision, been sentenced for a breach of the Health and Safety at Work
A sole trader has been fined for failing to plan, manage and
Act after an employee fell through the ceiling of the school
monitor construction work being carried out under their
How did things go wrong? hall, causing a major injury.
control.
Following a revisit to the site by the HSE, it was discovered that
‘Person A’ in his failure to plan, manage and monitor the What happened?
What happened?
construction work being carried out under his control. He also On 18 September 2019, a teaching assistant had accessed the
‘Person A’ was the principal contractor carrying out extensive
failed to comply with the prohibition notice for work at height loft space in the school and as they entered, they fell around
refurbishment works to extend a detached property. The
and the improvement four metres through the fragile ceiling which resulted in a
notice which referred to broken back.
the training of a competent
Site Manager. How did things go wrong?
An investigation by the Health and Safety Executive (HSE)
What was the outcome? found that when the teaching assistant was searching for a
‘Person A’ pleaded guilty to spare desk in the loft space, she fell due to the area being only
breaching Regulation 15(2) partially boarded, meaning that the fragile ceiling gave way.
of the Construction (Design This incident resulted in the victim suffering a broken back that
and Management) left her in hospital for three weeks. She is still in recovery
Regulations 2015 and two awaiting further operations.
counts of breaching
Section 33(1)(g) of the What was the outcome?
Health and Safety at Work The school pleaded guilty to breaching Section 6 (3) of the
Act 1974. He was ordered Work at Height Regulations 2005. The school has been fined
to serve a community £4,000 and ordered to pay a surcharge of £181 and £747.80
order, which involves costs.
undertaking 280 hours of
unpaid work within the Anything else?
next 12 months and After the hearing, the HSE inspector: “This incident could so
ordered to pay costs of easily have been avoided by simply carrying out correct control
HSE
£5,000. measures and safe working practices”
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20
Years
Inspiring positive change
2002 - 2022 HSQE Newsletter | March 2022
Worker fell from height It was not recognised by the planning team that one of the Two workers fell from
platforms did not form part of the main structure and was
when a platform collapsed attached to the platform using bolts that had corroded over height
time. This affected the structural integrity of the platform and
the methodology required to remove it safely. During the Summary
HSE
cutting of bracing beams, the platform unexpectedly collapsed A construction company has been sentenced following an
causing one of the employees to fall 15 metres. incident where two bricklayers fell from height during the
construction of a parapet wall.
How did things go wrong?
The Health and Safety Executive (HSE) investigation into the What happened?
incident found that the company failed to carry out a full On 31 October 2019, two employees suffered serious injuries
structural appraisal of the platform prior to demolition. This at a property when the makeshift platform they were working
would have informed the risk assessment and method on collapsed. The two men, along with plywood boards and
statement being used by the cutting crew at the time of the bricks, fell approximately eight feet to the concrete floor
incident to ensure that the work could have been carried out below. The first man sustained fractured ribs, severe bruising
safely. and a large wound to his leg, the second man sustained severe
bruising to his knees.
What was the outcome?
The company pleaded guilty to breaching Regulation 2(1) of How did things go wrong?
The Health and Safety at Work act 1974 and was fined The Health and Safety Executive (HSE) found that the company
Summary
£200,000 with £20,991.24 costs. that they were working for did not properly plan the work at
A civil engineering company has been sentenced after a worker
height, in that the risk assessment and method statement by
suffered life threatening injuries after falling 15 metres when a
Anything else? failing to consider how the parapet wall would be constructed
platform he was working on unexpectedly collapsed.
After the hearing, a HSE inspector said: “When undertaking and how the risk of falling from height would be prevented.
demolition work where structures are being left in a pre- The company failed to ensure that there were suitable
What happened?
weakened state, it is essential for those in control of the work measures in place for preventing the employees from falling
On 31 July 2019, the worker was involved in the dismantling of
to take appropriate measures to ensure the safety of all those from height and they were left to work out how best to carry
the Brent Bravo, a former North Sea oil and gas platform.
involved with the work. out the work with the equipment they had available. The work
A company was contracted to dismantle four platforms from
“This includes ensuring that consideration is given to the at height was not adequately supervised to ensure that it was
the Brent North Sea oil and gas field. The incident occurred
stability of structures before and during demolition work, as carried out safely.
during the removal of a module located on the north west
corner of the Brent Bravo Platform. In planning for the removal well as ensuring that control measures are in place to mitigate
other associated health and safety risks such as work at What was the outcome?
of the module, it was noted that there were three platforms on
height.” The company pleaded guilty to breaching Regulation 4(1) of
the cellar deck of the structure that would need to be moved
the Work at Height Regulations 2005. The company was also
to allow the module to fall safely.
fined £36,000 and ordered to pay costs of £2,824.
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20
Years
Inspiring positive change
2002 - 2022 HSQE Newsletter | March 2022
Manufacturing company Asbestos removal company But because the company is in liquidation, there is no prospect
of a payment being made and so no order for costs was made.
fined after employee fined and its director jailed
suffered fatal injury for failing to protect The company director pleaded guilty to breaching Sections 2(1)
workers and 3(1) of the Health and Safety at Work Act 1974. He has
been sentenced to 10 months imprisonment, immediate
Summary
A manufacturing company has been fined after an employee concurrent on each charge. He has also been disqualified as a
Summary
was found fatally injured under the forks of a side-loader lift director for five years
An asbestos management company director has been jailed
truck.
after failures to protect workers from asbestos exposure
The company’s Contracts Manager pleaded guilty to breaching
during a major refurbishment project in Plymouth.
What happened? Sections 2(1), 3(1) and 33(1)(m) of the Health and Safety at
On 2 September 2019, a worker was fatally injured during a Work etc Act 1974. His sentencing was adjourned until a later
What happened?
lifting operation. The unsupported forks and carriage of a side- date.
In February 2017, concerns were raised by workers at the
loader lift truck descended, crushing him whilst he was
company who believed they were being put in danger whilst
working underneath it. Anything else?
carrying out refurbishment work at a department store.
Speaking after the hearing, an HSE inspector said: “<The
How did things go wrong? company> – a previously licensed asbestos removal contractor
How did things go wrong?
An investigation by the Health and Safety Executive (HSE) – failed to work within the law despite having a wealth of
An investigation by the Health and Safety Executive (HSE)
found the company had failed to provide a safe system of work knowledge on the risks associated with exposure to asbestos
found irregularities in the asbestos surveys and clearance
for unloading palletised goods using the side-loader forklift and the necessary training to have done so safely. They
certificates, with some found to be fraudulent.
truck. deliberately falsified documents and cut corners.
“Workers should be supported by their employers when they
The company had been contracted to carry out an asbestos
What was the outcome? raise health or safety concerns.
survey, remove all identified asbestos-containing materials
The company involved pleaded guilty to breaching Section 2(1)
(ACMs) from the building and then carry out the initial strip-
of the Health and Safety at Work etc Act 1974. The company
out of the building before it was refurbished. However, the
was fined £18,000 and ordered to pay costs of £10,153.
company was found to have deliberately cut corners in
managing the danger of asbestos exposure putting workers at
Anything else?
risk.
After the hearing, a HSE Principal Inspector said: “This tragic
Send an email to us
incident could have easily been prevented if this employer had
What was the outcome?
acted to identify and manage the risks involved and put a safe
The company pleaded guilty to breaching Section 2(1) and 3(1)
at newsletter@hsqe.co.uk to
system of work in place.”
of the Health and Safety at Work etc Act 1974. The company receive a free copy of this
was fined £100,000.
newsletter each month.
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School prosecuted after a relied on a smartphone app as a compass. What was the outcome?
The Gateshead Cheder Limited of Bede House, Tynegate
mountain rescue team had During their ascent, at least two members of the public warned Precinct, Sunderland Road in Gateshead pleaded guilty to
to evacuate children the Gateshead Cheder party to turn back, but the group breaching sections 2(1) and 3(1) of The Health and Safety at
continued their ascent and managed to reach the summit of Work (etc) act 1974.
Summary Helvellyn without incident. However, as the party made their
A group of schoolchildren had to be rescued by Keswick descent, they inadvertently ventured off the path and The school was fined £30,000 and ordered to pay a victim
Mountain Rescue Team (KMRT) from Helvellyn after becoming unknowingly began traversing the west face of Helvellyn surcharge of £181 and costs of £4,574.90.
stranded in winter conditions. Their school has been sentenced towards a section of steep terrain featuring vertical rock faces
for its failures to adequately manage the risks posed by the of around 20 metres in height. Anything else?
trip. Speaking after the hearing, a HSE inspector said:
While descending one of the pupils slid on the ice and fell “On this occasion, none of the party came to serious harm,
What happened? several metres sustaining minor cuts. This caused another however, the school were aware of the weather and ground
On 5 March 2020, the group of 13 Year 10 pupils from The pupil to panic and run from the group down the mountain. The conditions, but decided to proceed without the appropriate
Gateshead Cheder were on an organised trip to Helvellyn in two adults remained with the injured pupil and the other planning, equipment, or suitably trained leaders. Those taking
the Lake District, led by one teacher and a teaching assistant. school children. By this time, it had begun to get dark and the part in the trek that day were placed in serious danger and
Weather conditions on the day were cold and icy. Despite temperature was dropping. there was a clear failing by the school to adopt sensible
reviewing the Lake District Weatherline Report, which stressed precautions to ensure their safety.
the dangers to those ascending above the snow line, the The party were eventually located and rescued by KMRT, who “Excursions into mountains, particularly in winter, need to be
school decided the trip should still go ahead as planned. Their cut steps into the snow to assist the party back to the path and led by people with the appropriate skills, knowledge and
route included ascending from Wythburn via Birk Side, and down the mountain. The other pupil was lucky enough to make experience. If a school does not have access to the necessary
descending Helvellyn via Browncove Crags. it back down the mountain and was found by members of the expertise in house, then licensed Adventure Activities
public. providers are available to manage the technical aspects of this
Despite the winter conditions many of the school children did type of trekking activity.”
not have suitable equipment, a number of them were wearing How did things go wrong? He added: “This incident was entirely avoidable. HSE
school shoes and school trousers; and others were wearing An investigation by the Health and Safety Executive (HSE) recognises the benefits of outdoor learning activities including
trainers. In winter conditions it is essential that hikers wear full found that neither of the adults with the party had the those involving hiking or trekking in mountain environments,
winter clothing, including mountain boots, and that those appropriate skills, knowledge and experience to lead the trip, however schools need to take sensible and proportionate
venturing above the snowline carry appropriate equipment and that the school had not taken advice from a suitably measures to control the risks involved. This trip should not
including ice axes and crampons. competent person to plan or organise the excursion. There was have gone ahead without such measures in place.”
no effective system to check the suitability of the clothing and
The adults leading the trip had no formal qualifications in equipment the children had with them and no effective
mountain leadership or any experience of mountain contingency plan in place if conditions became too difficult to
environments in winter conditions. The party had a map but proceed.
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What happened? ‘Person A’, the sole director of the company, pleaded guilty to
On 1 March 2021, an employee of the company was injured breaching Section 2(1) of the Health and Safety at Work etc.
Act 1974, by virtue of Section 37(1). He was given a 20 week The Health and Safety Executive (HSE) have updated their
when he was hit and run over by a forklift truck driven by his
prison sentence suspended for 12 months, including 15 COSHH essentials woodworking guidance. You can access it at:
employer ‘Person A’. The forklift truck was being used to
rehabilitation activity requirement days, 180 unpaid work https://www.hse.gov.uk/coshh/essentials/direct-advice/
transport engine parts from the scrap yard up a loading ramp
hours and ordered to pay prosecution costs of £3,923. woodworking.htm
into the back of a metal container.
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20
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RAIB report identifies How did things go wrong? The latest IPCC report
A drainage system was installed in 2011 and 2012 by now-
faulty drainage work and collapsed contractor Carillion - but it was not in accordance warns of ‘irreversible’
other failings in the with the design. Had it been constructed correctly, it was impacts of global warming
Stonehaven train accident "highly likely to have safely accommodated the flow of surface
water" on the day of the crash, the report concluded. Many of the impacts of global warming are now "irreversible"
according to the UN's latest assessment.
Summary
More than 5cm (2in) of rain fell on the site of the crash
A series of failures contributed to a rail crash in Aberdeenshire
between 06:00 and 09:00 - close to the average for the whole The Intergovernmental Panel on Climate Change (IPCC) says
which claimed three lives, an investigation by the Rail Accident
of August in this part of Scotland. that humans and nature are being pushed beyond their
Investigation Branch (RAIB) has found.
abilities to adapt. But the authors of the latest report say that
In its report, the RAIB has made 20 recommendations for the there is still a brief window of time to avoid the very worst.
improvement of railway safety. These cover:
The report highlights the increasing impacts that are expected
• How the railway manages extreme weather events; as the rise in global temperatures, currently around 1.1C,
• Management of civil engineering construction activities; heads towards 1.5C.
• Management assurance of railway control functions;
• Train design; and
• Applying learning from previous events. Up to 14% of species assessed will likely face a very high risk of
extinction if the world warms by 1.5C, this will rise to up to
What was the outcome? 29% of species at 3C of warming.
Three people died as a result of the accident and the remaining
RAIB six people on the train were injured.
The latest report from the IPCC is the second of three reviews
Anything else? from the world's foremost body of climate researchers. It can
A synopsis of the RAIB report can be accessed at: be accessed at: https://www.ipcc.ch/report/sixth-assessment-
What happened?
https://assets.publishing.service.gov.uk/ report-working-group-ii/
At around 09:37hrs on 12 August 2020, a passenger train
derailed near Carmont, Aberdeenshire. The train was the 06:38 media/62274faa8fa8f526def96f5c/
R022022_220310_Carmont_Synopsis.pdf The first instalment highlighted the scale of the effect that
hrs service from Aberdeen to Glasgow, which was returning
humans were having on the climate system. It can be accessed
towards Aberdeen due to a blockage that had been reported
The RAIB report can be accessed at: at: https://www.ipcc.ch/report/ar6/wg1/
on the line ahead. It was travelling at 73 mph (117 km/h), just
under the normal speed for the line concerned. After derailing, https://assets.publishing.service.gov.uk/
media/62274fe0e90e0747a49c94ca/ The third instalment is due to be published in April 2022. It
the train deviated to the left, before striking a bridge parapet
R022022_220310_Carmont.pdf should then be available to view at: https://www.ipcc.ch/
which caused the vehicles to scatter.
report/sixth-assessment-report-working-group-3/
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Child Sexual Exploitation Safeguarding Children
Awareness Level 1
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