An Uxbridge manufacturer of ejector seats has been fined £800,000 after three workers developed debilitating lung conditions.

Three skilled CNC machine operators developed extrinsic allergic alveolitis after many years of years of exposure to the mist of working metal fluid. The lung condition, also known as hypersensitivity pneumonitis, is a body’s allergic reaction to breathing in a substance and symptoms include coughing, shortness of breath and joint pain.

Aylesbury Crown Court heard how the workers, who had served with the company for more than 20 years, were exposed to the working metal fluid mist over at least a three-year period. One worker has been so severely affected they have become virtually paralysed by the illness, another will never be able to work with metal working fluids again, a key material in the industry and a third must have special measures in place to ensure he never comes into contact with the substance.

An investigation by the Health and Safety Executive (HSE) found that the measures in place within the factory to stop the exposure to workers were inadequate. The fluid is commonly used as a lubricant and coolant in engineering processes. During the process of using the machines the fluid creates a mist, which in this case was breathed in by around 60 workers.

Martin Baker Aircraft Company Limited failed to put in place a system of cleaning away the excess fluid or providing extraction to prevent the build-up of the mist. There were also failings in the provision of health surveillance, which should have identified the issue early enough to ensure the company were able to put in place and monitor any appropriate safety measures.

Martin Baker Aircraft Company Limited, Lower Rd, Higher Denham, pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc. Act (1974) and Regulation 6(1) of the Control of Substances Hazardous to Health Regulations 2002 (as amended) (COSHH) and were fined £ 800 000 and ordered to pay costs of £36 912.36

HSE Inspector, Stephen Faulkner, said “Companies need to make sure they consider workers’ health just as much as their safety when carrying out risk assessments. The dangers of breathing in metal working fluid are well known within the industry. In this case one worker has had his health permanently and severely damaged, two others have also been affected, all will have to live with their condition for the rest of their lives.”

Information on how to protect workers from the dangers of metal working fluid can be found on HSE’s website: http://www.hse.gov.uk/metalworking/index.htm^[1]

Notes to Editors:

1.  The Health and Safety Executive (HSE) 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]
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/ ^[3]
3. HSE news releases are available at http://press.hse.gov.uk^[4]

A car component manufacturer has been sentenced after six workers experienced back injuries from repeatedly lifting heavy car engine parts by hand.

MAHLE Powertrain Limited (MAHLE) manufactures engine parts for Audi and Jaguar Landrover cars which are no longer in large scale production.

Birmingham Crown Court heard that between 1 November 2013 and 7 January 2015, the HSE received six reports of workers who had injured their backs and been off work for more than seven days. One worker was in hospital for seven days and off work for more than nine weeks.  More workers suffered back problems but were not off work for the seven days required for the incidents to be reportable.

An investigation by the Health and Safety Executive (HSE) found that workers who were based on two of the company’s production lines were expected to manually lift engine components weighing between 14 and 21kgs, hundreds of times during a shift. Mechanical lifting aids were either not provided, not suitable, or no training had been received by workers in how to operate them. There were no suitable or sufficient manual handling assessments in place for the tasks involved.

MAHLE Powertrain Limited of Costin House, St James Mill Road, Northampton, admitted breaching Regulation 4(1)(b) of the Manual Handling Operations Regulations 1992. It was fined £183,340 and ordered to pay £21,277.10 costs.

HSE Inspector Elizabeth Hornsby said: “Companies need to recognise that manual handling as a high risk activity. It is equally important to get health issues right, as well as safety. An Office of National Statistics report on Sickness Absence in the Labour Market stated that 30.6 million days were lost in 2013 due to musculoskeletal problems. This itself should highlight the need for employers to get health issues right.”

For guidance on musculoskeletal problems, visit: http://www.hse.gov.uk/msd/index.htm^[1]

Notes to editors

1. The Health and Safety Executive (HSE) 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. hse.gov.uk^[2]
2. More about the legislation referred to in this case can be found at: http://www.legislation.gov.uk/ ^[3]

HSE news releases are available at http://press.hse.gov.uk

A chemical company was sentenced today after a worker was killed and one left with life changing injuries when they were overcome by a toxic vapour cloud.

A little over sixteen months later there was another incident involving the same toxic chemical.

Hull Crown Court heard that in the early hours of the 5 March 2010, at the Grimsby plant of Cristal Pigment UK Limited (formerly Millennium Inorganic Chemicals), there was a build-up of Titanium Tetrachloride within a vessel. The chemical came into contact with water creating a violent reaction, which ruptured the vessel. The liquid came into contact with the air creating a large toxic vapour cloud.

One worker Paul Doyley, 48, was showered with the corrosive liquid and blanketed by the rapidly expanding toxic vapour cloud, he died on the 18 March 2010 from his injuries. His colleague Ron Ingoldby was also covered by the dense cloud, surviving his injuries but with irreversible lung damage

The large poisonous vapour cloud rapidly expanded to several metres in height and poured out from the site as a thick, dense white cloud. The wind blew the cloud out across the river Humber and closed down the shipping lanes for several hours, until the incident was eventually brought under control by the Humberside Fire and Rescue Service.

The investigation by the Health and Safety Executive (HSE) found the company had deviated from the normal operating procedures, which led to the dangerous build-up of the chemical. Parts of the plant and its procedures were poorly designed and the company had not established robust safety management procedures and systems of work to assess and control risk and to ensure that these were actually followed.

The following year, on the 27 July 2011, there was another uncontrolled release of a toxic vapour during the cleaning of a redundant vessel.

The vessel, which is normally connected to the chemical production plant, was being replaced. The old vessel was removed and stored, for around three-years, with a number of tonnes of residual Titanium Tetrachloride.

The Health and Safety Executive’s investigation found that the company made the decision to clean the vessel. The company poorly managed the design and installation of fabricated plates to seal the vessel before carrying out the cleaning process. The plates were incompatible, incorrectly designed and used inappropriate sealants that could not contain the gas created during the procedure, releasing a toxic vapour cloud.

Cristal Pigment UK Ltd of Stallingborough pleaded guilty to the following charges: Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974, for the 2010 incident and also Regulation 4 of the Control of Major Accident Hazards Regulations 1999 for the 2011 incident. The company was fined £1.8mil and £600,000 for charges associated with the incident on 5 March 2010 and fined £600,000 for the charge associated with the incident on 27 July 2011 with costs of £37,868.00.

After the hearing, HSE inspector Brian Fotheringham commented:

“The incident of 5 March 2010 caused the death of one employee and life changing injuries to another. Had the wind been blowing in the opposite direction it could also have caused a local disaster. However, the company still did not learn lessons from the 2010 incident and had another significant release of the same toxic gas just over a year later.

“This case must act as a reminder to the industry that there can be no room for complacency when dealing with such dangerous chemicals”.

Notes to Editors:

1. The Health and Safety Executive (HSE) 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^[1]
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/ ^[2]
3. HSE news releases are available at http://press.hse.gov.uk^[3]
4. Titanium Tetrachloride is an intermediate in a process to produce the white pigment Titanium Oxide. It reacts extremely vigorously with water to produce a dense white fume with toxic and corrosive characteristics. It is not necessary for TiCl4 to come into contact with a reservoir or pool of water to generate the reaction. The water in the atmosphere is sufficient to immediately cause the formation of a dense cloud of fine hydrous titanium oxychloride particulates and hydrochloric acidmist. As well as the corrosive effects of hydrochloric acid to any skin tissue, the breathing in of titanium oxychloride particulates creates an even greater hazard to the respiratory system. This is particularly true at or soon after the instant of release when the size of the particulates is at its smallest and therefore capable of penetrating deep into the respiratory tract. If the fumes are breathed in, the damage to the lungs is likely to be irreversible and can cause death.

^[1]

View of partially collapsed working platform

An engineer’s assistant who was working in the stairwell on a lower level was hit by falling debris and also sustained serious injuries.

An investigation by the Health and Safety Executive (HSE) found that similar platforms had been constructed on other floors throughout the construction site, by using timber joists supported by unsuitable joist hangers with plywood fixed on top. The platforms, which were part of ‘temporary works’ were neither built to an agreed safe design, nor was the quality of the build checked by those in control of the site, even though they were crucial to the safety of workers on upper floors.

Karen Morris, HM Inspector of Health & Safety, said “The risks of falling from height are well-known, and the risk of joist hanger failure is well-documented. This tragic incident illustrates what can happen if temporary works are not properly organised. All those who have a role in planning and managing work on site must take responsibility for ensuring that serious risks are properly controlled.”

St James Group Limited, of Berkeley House, Portsmouth Road, Cobham, Surrey, the Principal Contractor, pleaded guilty to breaching Regulation 22(1)(a), Construction (Design and Management) [CDM] Regulations 2007, and was fined £600,000 and ordered to pay costs of £14,935.54.

Mitchellson Formwork and Civil Engineering Limited, of Mitchellson House, Horton Trading Estate, Horton, Slough, Berkshire, the contractors responsible for constructing the platforms, pleaded guilty to breaching Regulation 13(2), of the Construction (Design and Management) [CDM] Regulations 2007, and was fined £400,000 and ordered to pay costs of £14,935.54.

RGF Construction Limited, of Howard Road, Seer Green, Beaconsfield, Buckinghamshire, a site agent who assisted with managing the work, was found guilty at an earlier hearing on 4 July 2016 of breaching Regulations 13(2), and 28(2) of the Construction (Design and Management) Regulations 2007. The company was fined £20,000.

For further information on temporary works on construction sites visit:

http://www.hse.gov.uk/construction/faq-temporary-works.htm^[2]

For further information about the importance of using joist hangers correctly visit:

http://www.structural-safety.org/publications/view-report/?report=1478 ^[3]

Notes to Editors:

1. The Health and Safety Executive (HSE) 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^[4]
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/ ^[5]
3. HSE news releases are available at http://press.hse.gov.uk^[6]

The makers of Star Wars: The Force Awakens have been sentenced after failing to protect the actors and workers while on set during filming at Pinewood Studio, Slough, Buckinghamshire.

Harrison Ford suffered a broken leg and deep lacerations when he was knocked off his feet and pinned to the floor of the Millennium Falcon set, as a prop door closed on him. HSE’s investigation found that there was no automatic emergency cut off, to protect those on set, instead relying on the reactions of the prop operator(s) to bring the door to a stop.

^[1]

Aylesbury Crown Court heard how a combination of preventable events, starting with how the door was designed, led to the incident.

During dress rehearsals on the 12 June 2014 Harrison Ford walked back towards the entrance ramp of the Millennium Falcon and pressed the prop door button to ‘close’ the door. As the cameras were not rolling he did not expect it to close. The production crew member who was operating the prop believed they were in full rehearsal and closed the door.

^[2]

The door’s steel frame was overlaid with sheets of metal and had a tapered edge. It’s operation moved from ceiling to floor in a sharp downward motion. It did not have any automated safety mechanisms to cut out if a person was unexpectedly under the door.

The risk of the door causing a serious injury or death had been highlighted by one of the health and safety officers for the production company. Foodles Production (UK) Ltd should have put a system in place to ensure the actors and production workers were protected. A different design with inbuilt safety features or using a different material could have guarded against any possible miscommunication on a busy film set.

Foodles Production (UK) Ltd, who had pleaded guilty at a previous hearing to Section 2 and Section 3 (1) of the Health and Safety at Work etc. Act 1974, were today fined £1.6 million and ordered to pay costs of £20,861.22 at Aylesbury Crown Court.

^[3]

HSE’s Divisional Director Tim Galloway said: “This incident was foreseeable and preventable and could have resulted in more serious injury or even death.

“The power and speed of the door was such that, had Mr Ford or anyone else had been struck on the head by the door as it closed, they might easily have been killed.

“It was only the almost instantaneous actions of the prop operator in hitting the emergency stop that prevented the door from continuing to press down on Mr Ford as he lay on the floor.

“I think everyone would accept that all the people who work in the film industry have a right to know that the risks they take to entertain us, including when making action movies, are properly managed and controlled.”

Specialist Report ^[4]

HSL Report ^[5]

HSE Investigation report ^[6]

Notes to Editors

1.  In Great Britain there is a duty on employers to protect their workers and those who may be affected by their work under health and safety law. If companies are found to have breached that duty they can face criminal prosecution. If found guilty there are a number of sanctions and penalties and this are determined by the British Court of law rather than HSE. https://www.judiciary.gov.uk/about-the-judiciary/the-justice-system/jurisdictions/criminal-jurisdiction/ ^[7]
2. The Health and Safety Executive (HSE) 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. hse.gov.uk^[8]
3. The two breaches are: Section 2 of the Health and Safety at Work etc. Act 1974, which states: “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.” Section 3(1) of the Health and Safety at Work etc Act 1974, which 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 his employment who may be affected thereby are not thereby exposed to risks to their health or safety.
4. The Code for Crown Prosecutors ^[9] sets out the principles for prosecutors to follow when they make enforcement decisions.

A Bedfordshire metal company has been fined for safety breaches after a worker suffered severe leg injuries and lost most of his foot.

Luton Magistrates’ Court heard how 24 year-old Luke Simpson, who was an agency worker for the company, was injured when a trolley carrying metal stock fell on his legs causing severe injuries.

A bundle of 18 stainless steel bars weighing about 900kg was on a four wheeled trolley. The trolley was manually moved by Mr Simpson and another staff member but it tipped over and the bundle of bars fell off the top of the trolley trapping his leg and foot. He was rushed to hospital by the emergency services.

Trolley that caused serious injuries to worker^[1]

Mr Simpson’s right leg was broken and his right foot was badly crushed. Despite a number of operations to save his foot, most of it was amputated and he now has a prosthetic foot. It was many months before he was able to return to work. Mr Simpson is currently only able to work on a part-time basis.

HSE found that the metal trolleys had been used on site for some 20 years without incident. Smiths purchased the trolleys to be used as ‘workstations’, but employees had chosen to also use them to move metal stock around the site. There was no risk assessment or written system of work for these trolleys at the time of the accident. The trolley also had faulty wheels and there was no record of any maintenance.  After the accident, the trolley was given a safe working load of 500kg; half the weight placed on the trolley at the time of the accident.

Smiths Metal Centres Limited of Stratton Business Park, Bedfordshire pleaded guilty to Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £130,000 with costs of £2,456.40 and a victim surcharge of £120.

Speaking after the hearing, HSE Inspector Emma Page said: “Luke’s life has been drastically altered by what happened and this incident could have been very easily avoided with some very simple measures. The right equipment and a correct maintenance system would have prevented this from happening.”

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. hse.gov.uk^[2]
2. Further HSE news releases are available at press.hse.gov.uk ^[3]
3. For more information go to http://www.hse.gov.uk/pUbns/priced/hsg246.pdf

London exhibition venue firm, The Business Design Centre Ltd, and a building contractor have been fined for safety failings after a specialist contractor fell through a fragile skylight.

Westminster Magistrates’ Court heard how the Business Design Centre allowed workers to cross an unsafe roof, which contained three fragile skylights and open edges, and failed to prevent contractors crossing the same unsafe roof on a number of occasions.

The court also heard that James Murphy, 64, from Chigwell in Essex, who had been appointed by The Business Design Centre Ltd to undertake repair work at the site, had led a specialist lead contractor over the unsafe roof on 14 May 2015. As he walked over the unsafe roof the lead contractor fell through a skylight, falling 5.5m. He suffered serious injuries including a shattered pelvis, broken wrist, and a broken elbow.

An investigation by the Health and Safety Executive (HSE) into the incident found that the Business Design Centre failed to ensure that access to and from the areas of the roof which required repair was suitable and safe, and that sufficient measures were in place to protect against the risks of falling from height.

James Murphy failed to ensure that the job of accessing and then inspecting the auditorium roof was properly planned.

The Business Design Centre Limited, of Upper Street, Islington, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974, was fined £300,000 and ordered to pay costs of £2925,56

James Murphy, of High Road, Chigwell, Essex, pleaded guilty to breaching Regulation 4(1)(a) of the Work at Height Regulations 2005, and was fined £4,000 and also ordered to pay costs of £2925.56

For further information on safe working on roofs visit: http://www.hse.gov.uk/pubns/geis5.htm^[1] ; http://www.hse.gov.uk/pubns/indg284.pdf ^[2] ; http://www.hse.gov.uk/construction/safetytopics/roofwork.htm^[3]

Notes to Editors:

1. The Health and Safety Executive (HSE) 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^[4]
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/ ^[5]
3. HSE news releases are available at http://press.hse.gov.uk^[6]

A King’s Lynn roofing company has been prosecuted after a worker fell seven metres from a scaffold access ladder while assisting with chimney repairs.

Kings Lynn Magistrates Court heard how the worker was subcontracted by J Webber Roofing Limited to assist with removing waste, mixing cement and bringing tools up to colleagues who were working on the chimney at a domestic property on Beech Avenue in Kings Lynn on 10 July 2015.

The company had erected a scaffold platform around the chimney with an access ladder attached to it. The worker climbed up the ladder carrying a cement filled bucket with a radio attached to it, on his shoulder. He lost his balance and fell approximately seven metres to the ground. The fall resulted in multiple fractures to both of the worker’s wrists and his lower left arm. He required surgery and steel plates and will never regain full use of his hands.

An investigation by the Health and Safety Executive (HSE) found that J Webber failed to adequately plan work at height which involved manual handling of construction materials and waste up and down scaffold ladders.

J Webber Roofing Limited of 81 Gayton Road, Gaywood, Kings Lynn pleaded guilty to breaching Regulation 4(1)(a) of the Work at Height Regulations 2005 and was fined £5,000 and ordered to pay £1,582 in costs.

Speaking after the hearing HSE Inspector Kasia Urbaniak said: “The risk of falls from ladders is well known. Ladders are being frequently misused where often better specifically designed equipment is easily available.

“This incident which has left a worker without the full use of his hands could have been easily avoided if a ‘gin wheel’ had been installed on the scaffold platform to transport tools and other construction materials”.

More information on carrying out roof work safely can be found here: http://www.hse.gov.uk/pUbns/priced/hsg33.pdf ^[1]

Notes to Editors:

1. The Health and Safety Executive (HSE) 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]
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/ ^[3]
3. HSE news releases are available at http://press.hse.gov.uk

A bakery company based in Hertfordshire has been fined for safety failings.

Stevenage Magistrates’ Court heard how Arnaouti Pitta Bread Bakery Ltd was inspected in April 2015 by the Health and Safety Executive (HSE) and four Improvement notices were issued.

HSE found the electrical network was not operated or maintained in a safe condition, guarding to machinery was not up to standard, and there was no health surveillance for exposure to flour dust. HSE prosecuted the firm after they failed to comply with the improvements set out in the notices within the deadline.

Arnaouti Pitta Bread Bakery Limited, of Stephenson Close, Hoddesdon, Hertfordshire, pleaded guilty to contravening the requirements imposed by the Improvement Notices, to breaching Regulation11(1) of the Provision(and Use) of Work Equipment Regulations 1998, Regulation 4(2) of the Electricity at Work Regulations 1989, and Regulation 11 of the Control of Substances Hazardous to Health Regulations 2002. They were fined £36,000 and ordered to pay costs of £1912.80.

For further information on controlling substances which can be hazardous to health visit: http://www.hse.gov.uk/toolbox/harmful/coshh.htm^[1]

Notes to Editors:

1. The Health and Safety Executive (HSE) 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]
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/ ^[3]
3. HSE news releases are available at http://press.hse.gov.uk