CONSTRUCTION INFONET – DECEMBER 2009
Construction Infonet is a free e-Bulletin from the Health and Safety Executive (HSE) to provide a regular update on health and safety issues for all in the construction industry.
Please find attached some articles from December’s Issue
1. FOAMED CONCRETE EXPLOSION – HSE INTERIM POSITION
HSE is investigating an incident where there was an explosion which injured two people. A contractor had filled a pit with about 6m depth of foamed concrete. Whilst the concrete was setting, workers started removing steelwork using angle grinders. There was an explosion underneath the steel walkway on which two contractors were standing and which blew the steel plates and the workers up into the roof.
HSE has prepared interim advice whilst it continues the investigation. If you work with foamed concrete you may wish to find out more.
http://www.hse.gov.uk/construction/liveissues/foamedconcrete.htm?ebul=cons/dec09&cr=1
2. ++ LADDER EXCHANGE ++
The HSE Ladder Exchange ends 31 December 2009. Hurry now and receive up to 50% off a new ladder for the New Year!
http://www.hse.gov.uk/falls/ladderexchange.htm?ebul=cons/dec09&cr=2
3. ++ RECENT ENFORCEMENT ACTIVITY ++
Read details of some recent HSE prosecutions and enforcement action in the construction sector and find sources of relevant advice.
Work at height
10 December 2009 – An international freight forwarding company, K-Line Logistics (UK) Ltd has been fined £15,000 following the death of a worker in Feltham.
Richard Gibbs, from Westminster, fell to his death through a fragile roof sheet on 31 January 2007 when he was working at height to repair lights.
K-Line Logistics (UK) Ltd pleaded guilty to breaching section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £15,000. The company was also ordered to pay costs of £4,752.
Mr Gibbs had not received any training as a roofer and had been given only limited instruction before starting work on this job. He fell seven metres to the floor and although was taken to hospital in an air ambulance he died from his injuries.
The group of workers had been contracted to carry out repairs on the roof by K-Line Logistics (UK) Ltd who at no point sought to assess the competence of the contractors being used.
Asbestos
10 December 2009 – A development company that exposed both employees and others to the risks of asbestos during renovation work has been prosecuted by HSE.
Stonehouse Design and Build Limited, based in Plymouth, Devon, was charged with health and safety breaches under the Control of Asbestos at Work Regulations 2002, following renovation work at the former Sharksfin Hotel in Mevagissey, Cornwall, between December 2005 and July 2006. During the course of the renovation work, asbestos was disturbed and HSE was notified in confidence that the hazardous material was not being removed under appropriate controlled conditions. This included the illegal disposal of asbestos materials alongside general waste. Work at the site was halted by HSE inspectors in July 2009 and the asbestos was removed under licensed conditions then the site decontaminated by a specialist team.
The company was charged with breaching Regulation 15 (relating to the spread of asbestos) and Regulation 16 (1) (a) (relating to the failure to keep the site clean). Having pleaded guilty to both charges, Stonehouse Design and Build Ltd was fined £2,700 for the each of the breaches then ordered to pay part costs of £8,267.
9 December 2009 – A company has been convicted of breaching health and safety regulations after failing to follow proper procedures for removing asbestos.
PW Mills (Cradley) Ltd of Halesowen pleaded guilty to two counts of breaching regulation 9(1) and one count of breaching regulation 17(b) of the Control of Asbestos Regulations 2006. PW Mills (Cradley) Ltd also admitted breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The manager of the company at the time, Roy Anthony Halden, pleaded guilty to one count of breaching Section 36(1) of the Health and Safety at Work etc Act 1974.
The court heard that the company removed asbestos from industrial units in Darlaston in December 2007 and January 2008, but did not notify HSE of the work which is required by law. Asbestos debris was left in the work area, and the firm sent another team to clean up the site the following month, again without notifying HSE.
8 December 2009 – A company has been fined for failing to carry out proper risk assessments for the presence of asbestos before a major office refurbishment in Merthyr Tydfil. Employees and contractors were put at risk when work started on the refurbishment without an asbestos survey.
Waxport Ltd of Edmonton, London pleaded guilty to breaches of Regulation 4(8) and 4(9) of the Control of Asbestos Regulations. They were fined £1,000 and ordered to pay costs of £8,416.43.
The company had previously been issued with advice from a licensed asbestos contractor advising them to complete an asbestos survey before carrying out major refurbishment work in the building in April 2007. Waxport Ltd commissioned another company to carry out the refurbishment work, and advised them that asbestos was no longer present or had been encapsulated in the building. As a result, work commenced and asbestos was disturbed with work only stopping when a site worker identified the substance.
Roadworks
15 December 2009 – A road maintenance company has been fined £65,000 after a motorist was killed on the M6 in Lancashire.
Graham Campbell died after hitting an unlit contractor’s vehicle parked on the hard shoulder of the M6, just past junction 35 near Carnforth. He was travelling north on the motorway at approximately 11.30pm on 8 May 2004.
Cumbrian Industrials Ltd was prosecuted by HSE in relation to the incident. They pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 for failing to ensure the safety of the public. The judge deferred his decision on what costs the company should pay in addition to the fine.
The court heard that Cumbrian Industrials was guilty of several failings. Inconsistency in the positioning of the traffic cones, between the hard shoulder and lane one, caused uncertainty to motorists about whether the hard shoulder should be used. Cumbrian Industrials also failed to provide detailed drawings for a change in the layout of the traffic cones, after the original plans were altered. And the cones were not moved back into place after the white line between lanes one and two had been repainted.
Workplace transport
8 December 2009 – A company has been prosecuted by HSE after an employee was hit and killed by a reversing telehandler at a construction site in Aylesbury.
P J Carey (Contractors) Ltd of Wembley, Middlesex, pleaded guilty to breaching Regulation 15(2) of the Construction (Health, Safety and Welfare) Regulations 1996. The company was fined £54,000 with costs of £100,000.
Peter Prunic, 53, from Letchworth, was killed on 25 July 2006, when a telehandler at a construction site reversed and struck him. He died from his injuries. He leaves behind a partner with whom he has lived for eight years.
The court was told of the dangerous working environment in which the pedestrian route to the site was obstructed by rubbish skips, packs of bricks and two parked vans. In addition, pedestrian crossing points were not clearly signed or marked.
SOURCE: HSE
