Brooks Forgings fined after an amputation caused during a setting operation

Brooks Forgings Limited was fined £4,011 (inc.costs) had to have fingers and a thumb amputated.

The circumstances were:

• The accident occurred on an Upset Forging machine.
• There was no safe system of work whilst undertaking setting procedures on this.
• There were no effective measures to prevent access to the dangerous parts.
• There was no isolation procedure.
• On 25 June 2018 a forger had his left hand crushed between dies and moving parts on the press whilst setting the machine.. 
• Following hospital treatment his thumb, index finger and part of his middle finger had to be amputated.

The HSE inspector said:
“The implementation of an isolation procedure for the setting of the machine would have ensured that the machine could not have operated whilst the forger was setting the machine; which would have prevented the forger from losing significant parts of his hand. Employers should make sure they properly assess and apply effective control measures to eliminate or minimise the risk from dangerous parts of machinery."

Partners given suspended sentence for failing to control Legionella

Partners Kulwant Singh Chatha and Satpaul Kaur Chatha were each sentenced to serve 12 weeks in prison, suspended for 12 months, and ordered to pay costs of £12,115 each for failing to control Legionella.

The circumstances were:

• There was a cooling tower at their company Isher Hangers in Spring Hill, Birmingham.
• The partners ignored concerns raised by their own water treatment consultants.
• There were no Legionella risk assessments in place.
• The partners failed to put in place suitable measures to control the risk of Legionella bacteria from the cooling tower. 
• For example, there was no biocide dosing of the water.
• These failures exposed employees and members of the public to Legionella which can cause Legionnaires’ disease, which can be fatal.
• People who have underlying or current medical issues are especially susceptible to infection.
• This was a particular concern as Isher Hangers’ premises are in the vicinity of two major hospitals.

The HSE inspector said,
"Isher Hangers were operating a cooling tower without biocide, ignoring the advice of their own consultants. Cooling towers have the potential to spread bacteria that can cause serious illness or death, if not maintained in accordance with the published guidelines."

W S Barrett & Son fined £13,740 for not complying with 3 improvement notices

W S Barrett & Son Limited, a Lincolnshire metal fabrication company was fined £13,740 (inc.costs) for not complying with three improvement notices issued by the HSE.

The circumstances were:

• In February 2018 W S Barrett & Son Limited were notified by a Notification of Contravention letter of the needs for LEV and LEV testing.
• They did not act on this.
• In December 2018 a visit by the HSE found the company had still not made the necessary improvements.
• They were issued with three improvement notices relating to:
• 1. Testing wood dust and powder coating local exhaust ventilation (LEV), and 
• 2. Providing LEV for welding fume extraction.  
• A subsequent follow up visit in April 2019 showed they still had not done the work to meet the improvement notices.

The HSE inspector said,
“The failure to comply with an improvement notice is a serious offence. If you receive a notice, you should ensure you take appropriate action to correct the health and safety problems and breaches that are identified in the notice.”

Director prosecuted for hazardous substance offences

James Harrison, a former managing director, was sentenced to 10 months imprisonment suspended for 18 months with 20 hours unpaid work, and ordered to pay costs of £5428.21.

The circumstances of the offences were:

• Mr.Harrison was the former managing director of the now dissolved Laser Shapes (NW) Limited who manufactured agricultural trailers.
• Employees of Laser Shapes regularly used aerosolised paints containing isocyanates and solvents to spray large tractor trailers.
• Inhalation of isocyanates and solvents can cause occupational asthma, dizziness, liver and kidney damage. 
• This activity was being carried out without adequate controls in place to prevent workers from inhaling harmful substances.
• Mr.Harrison deliberately hid unsafe working practices from HSE inspectors.

The HSE inspector said
“James Harrison was well aware of the unsafe conditions that his employees were being subjected to whilst at work.  The effect of being exposed to these substances has resulted in at least one former employee developing a life changing condition, which could easily have been prevented if proper controls had been in place, such as suitable extraction and respiratory protective equipment.”

Director prosecuted after allowing an unsafe telehandler to be used

Zarif Mohammed, a director of a waste transfer company, was prosecuted and given a suspended sentence after knowingly exposing employees to serious unsafe working conditions. He was also banned from being a company director.

The circumstances were:

• Zarif Mohammed aleady had a conviction for transport-related health and safety offences following a fatal incident in 2013.
• There was also enforcement action in 2017 for using a poorly maintained and damaged telehandler.
• In November 2018, Mohammed allowed the continued use of the same seriously damaged machine on the waste transfer site in Kensulate Park, Blackburn.
• The telehandler was being used without working reversing lights, a camera or mirrors.
• These presented a serious risk of people being struck and seriously injured as the driver would not be able to see adequately when reversing the vehicle.
• Mr. Mohammed was sentenced to six months imprisonment suspended for 18 months, and 190 hours of unpaid work with a further six rehabilitation days. 
• He was also struck off from working as a company director for 5 years.

The HSE inspector said
“Mr Mohammed had been previously convicted by HSE following a fatality at a previous company of which he was a director and then was served additional enforcement by HSE on a visit to a new company of which he was a director. Despite this, Mr Mohammed allowed serious unsafe conditions to prevail, presenting a high risk of persons being killed or seriously injured. Workplace transport incidents remain a major cause of fatal and serious injuries in the waste and recycling industry. It is important that vehicles are maintained in a safe condition.”

Weetabix fined £140,000 for diesel spill into river

Breakfast cereal manufacturer Weetabix were fined nearly £140,000 after a leak of diesel fuel entered the River Ise which ran near the company's Burton Latimer site.
The circumstances were:

• There is a disused fuel storage facility onsite which was decommissioned approximately 20 years ago. 
• In 2007 the Environment Agency sent Weetabix notices advising them to remove the pipework from the decommissioned tanks.
• Weetabix did not do this. 
• Weetabix should have had records of the valves and underground pipes in the former storage facility.
• However, the company’s risk assessment did not contain information about secondary valves.
• When these secondary valves in the overground fuel tanks were left open on 10 November 2016, approximately 23,000 litres of diesel road fuel fuel drained through these pipes into the river.
• Wet weather combined with the way the river was flowing at the time limited the amount of damage to fish and plant life.

Staveley's Eggs failed to identify and control forklift overturning risks and driver was trapped.

Staveley's Eggs were fined £64,259 (inc.costs) after a forklift truck toppled on a slope, trapping the driver.

The circumstances were:

• The forklift truck was operating in an area where there were significant changes in slope.
• Staveley's Eggs had failed to identify the risk of a forklift truck overturning and to provide suitable control measures.
• The forklift truck was not suitable for this area.
• On 1st Decmber 2018, an employee was driving the truck in this area.
• The truck overturned, trapping him between the truck and the ground.
• He sustained life-changing crush injuries.

The HSE Inspector commented: “This incident could so easily have been avoided by ensuring the area where FLTs were driven was free of slopes and damage, and that a suitable FLT was used for the site.”