Welcome to the latest edition of Construction infonet.
Construction infonet is a free eBulletin from the Health and Safety Executive (HSE) to provide a regular update on health and safety issues for all in the construction industry.
HSE Construction Division has been made aware of a bogus letter claiming to be from HSE which has been sent to several construction companies in East Anglia and the Home Counties. The letter concerns director’s duties under the Corporate Manslaughter and Corporate Homicide Act 2007. The letter is headed with an old HSE Logo, is unsigned, and contains no HSE address details. The correct HSE Logo can be seen at the top of the HSE website homepage.
Whilst HSE does make contact by letter with individuals and/or companies in the course of its business, we would not send out information in this manner. Organisational procedures require HSE staff to remain professional at all times and require them to be able to provide clear contact details including contact numbers and line manager details on request.
If you receive a similar letter and have concerns, please contact HSE to check its validity.
The Shattered Lives campaign returns on 1 February 2010, focussing on actions that employers can take to prevent slips, trips and falls at work.
Visit the new campaign website to access new posters and case studies, STEP and the new WAIT toolkit. STEP is a slips and trips e-learning package. WAIT is for occasional users of access equipment who need help in deciding what access equipment to use for planned work at height.
Unsafe loads on vehicles injure more than 1,200 people a year and cost UK businesses millions of pounds in damaged goods.
Read details of some recent HSE prosecutions and enforcement action in the construction sector and find sources of relevant advice.
A self-employed timber frame erector subcontracted to the company, was working at height on a self-build project when he fell some five metres to the bottom of an inadequately covered stairwell. He suffered multiple fractures, including his skull.
HSE prosecuted ECH Ltd - trading as Maple Timber Frames. The company pleaded guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £16,000 and ordered to pay £5,000 towards the HSE investigation costs.
Angus William Naylor pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005. Mr Naylor, from Driffield, East Yorks is a partner in the firm trading as WM E Naylor & Son.
The court heard that during a routine inspection on 29 April 2009, HSE witnessed people working on scaffolding that was unsafe and posed a risk of serious, if not fatal, injuries.
An investigation revealed that between 2 April and 29 April 2009 employees working at a new housing build were put at risk of falls of up to 5 metres. The internal and external scaffolding was poorly erected and there was no edge protection in place.
A committal hearing date has been set for 2.15pm on Tuesday 9 February 2010 at Bournemouth Magistrates' Court.
HSE inspectors visited industrial units at Lawrence Hill Industrial Park during February and March 2009 where the defendant had organised refurbishment work involving the removal of a large quantity of asbestos insulation board without taking statutory safety precautions. This led to exposure of the workers to the asbestos and also the contamination of the units being renovated.
The court heard the company plead guilty to breaches under Regulation 14 of the Construction (Design and Management) [CDM] Regulations 2007 by failing to appoint a CDM-coordinator or principal contractor for notifiable construction work and Regulation 4 (10) of the Control of Asbestos Regulations by failing to review or implement a plan to manage materials containing asbestos.
HSE prosecuted Meldrum Construction Services Ltd following the incident at its site, near Corbridge, in Northumberland, on 16 July 2008. The company pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974. It was fined £4,500 and ordered to pay costs of £2,342.20 and a victim surcharge of £15.
The court heard that Tom Lincoln, 39, of Dudley, Northumberland, was lifting roof trusses onto the roof of the development when the forklift truck telehandler that he was operating overturned. The machine fell onto its side throwing Mr Lincoln against the machine's window and controls. Mr Lincoln was not trained to use the machine and was not wearing a seat belt when the incident happened. He suffered multiple fractures to his right arm, leaving him with limited mobility in his shoulder. He still requires medical treatment and is unable to return to his job.
HSE prosecuted Macob Administration Limited, based in Bridgend, after 23-year-old. Lance Taylor from Thornbury, Bristol, was killed while working on a construction site in Abbeymead, Gloucester on 11 February 2005. Mr Taylor was driving a mini digger − which he was not qualified to operate - and unintentionally hit a lever as he leaned out of the cab window. The digging arm of the vehicle was raised, crushing his head between the cab and the arm. He suffered fatal injuries and was pronounced dead on site.
Macob Administration Ltd pleaded guilty to breaches under Regulation 9(1) and 28(a) of the Provision and Use of Work Equipment Regulations 1998. The company was fined £40,000 for each charge and ordered to pay costs of £29,798.14
The court heard that on 13 February 2007, the buildings on Commercial Road, Tower Hamlets, were undergoing construction works. The company's employees were working throughout the building while builders were on the site. At approximately 4.30pm, the front elevation collapsed, dropping large amounts of debris onto the pavement nearby. The scaffolding at the front of the property fell onto a lamppost preventing the bulk of the rubble landing on passers-by and on the road. The road was closed for several days while rescuers searched the rubble for any victims.
The investigation by HSE found that there was no construction phase plan and the architect was not aware that any work was being carried out on the first floor and HSE had not been notified that any improvement work was taking place.
Scotcare Preservation Ltd of Edinburgh, pleaded guilty to four health and safety charges -. Section 2(1) and Section 33(1)(a) of the Health and Safety at Work etc Act 1974, Work at height Regulations 2005, Regulation 6(3) and the Health and Safety at Work etc. Act 1974, Section 33(1)(c) and two contraventions of Section 21 and 33(1) (g)
The company admitted that during a house construction in 2008 it failed to ensure the health, safety and welfare of their employees by failing to provide adequate supervision of workers.
It also admitted to not providing the site foreman with adequate health and safety training and failing to put adequate precautions in place to prevent falls from height, failing to provide adequate washing facilities and neglecting to ensure scaffolding was regularly inspected.
Scotcare also admitted failing to comply with two improvement notices served by HSE in August 2008.
Gas and cowboys don't mix! Anyone who is employed to work on gas appliances must be listed on the Gas Safe Register. If the person you're using isn't registered then they might not be safe and they are also breaking the law.
Improve the health and safety of your business by attending a health and safety event near you.
Working Well Together Events – Mock Trials, Occupational health, CDM
HSE events diary – Business Advice Days
Scotland – APSE Scotland building and housing seminar 2010
If you employ or work with colleagues form these countries let them know how to find out about construction health and safety.
http://www.hse.gov.uk/construction/infonet.htm
Report an accident: Call 0845 300 9923 or visit:
http://www.hse.gov.uk/riddor/index.htm
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Thank you to those who have provided feedback on the previous editions - we have tried to incorporate as many of the suggestions as possible.
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