Health screening company failed its duty to workers

Date:

28 March 2012

A Cornish company has been prosecuted after using unqualified staff to screen the health of workers from dozens of other organisations.

Audio Medical Services Ltd (AMS) carried out tests inadequately for 59 companies over a period of at least four years across the UK. The company failed to provide employers with information to prevent workers' health deteriorating and did not refer employees to occupational health professionals when required.

The case related to Hand Arm Vibration Syndrome (HAVS) caused by regular use of hand-held power tools or holding materials processed by machinery. Symptoms include pain, numbness and tingling in the fingers and a reduced sense of touch which can be disabling. It is also characterised by finger blanching, known as 'vibration white finger'. The condition can be prevented, but once developed, cannot be cured.

The court heard that staff employed by AMS to carry out the tests, including Nick Nickson, did not have occupational health training and had not received the relevant training to perform screening for Hand Arm Vibration Syndrome.

The issue came to light following a company identifying anomalies with the screening performed by AMS. HSE then contacted companies who employed the services of AMS and visited a range of firms in the ship-building, quarrying, civil engineering and rail industries.

The investigation identified that numerous employees at these companies had not been suitably referred to an occupational health provider and therefore continued to be exposed to vibration at work. This put individuals at risk of further deterioration and permanent damage.

HSE Inspector, Georgina Speake, said:

"The failures of AMS were totally unacceptable.

"Companies using AMS thought they were doing the right thing by providing screening for their employees. AMS's negligent behaviour meant a significant number of workers have been put at risk of worsening their conditions by continuing with their normal work practices when they should have stopped.

"Around two million people are at risk of this painful and debilitating condition in the UK and although preventable, once the damage is done it is permanent, there simply is no treatment. Proper health surveillance is vital to detect and respond to early signs of damage."

Attacks of HAVS may cause pain, numbness and tingling as well as reduced manual dexterity and the effect may spread from the tips of the fingers up the digit, causing stiffness in the hand and arm. Sufferers may struggle with tasks requiring fine manipulation, including simple tasks like dressing, which can affect their family and social lives. In severe cases, blood circulation may be permanently impaired.

Audio Medical Services Ltd of Liskeard, Cornwall pleaded guilty to an offence under Section 3 (1) of the Health and Safety at Work Act 1974. Nick Nickson, the Managing Director of AMS also pleaded guilty to the same offence.

AMS Ltd were fined £3,200 and ordered to pay costs of £5,000 by Bodmin Magistrates Court in a case brought by the Health and Safety Executive (HSE). Managing Director, Nick Nickson, was also fined £700.

Further information on how to reduce the risk of Hand and Arm Vibration can be found on the HSE website at http://www.hse.gov.uk/vibration/hav/index.htm

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. Section 3 (1) of the Health and Safety at Work Act states: it shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in hos employment who may be affected thereby are not exposed to risks to their health or safety.

Press enquiries

Regional reporters should call the appropriate Regional News Network press office.

Issued on behalf of the Health and Safety Executive by COI News and PR (South West)