Construction firm Structural Metal Decks Limited (SMDL) has been fined after a worker was left paralysed following an accident at a building site in Kilsyth.

The worker suffered injuries to his spinal cord and is now paralysed from the neck down following the incident.

Airdrie Sheriff Court heard how Structural Metal Decks Ltd had been sub-contracted to lay metal deck flooring by John Graham Construction Ltd who were building a new health centre in Kilsyth. On 22 April 2015, a scaffolder was moving scaffolding components when he stood on a section of decking which had been put in place by SMDL. The decking sheet gave way and the man fell more than four metres to the ground.

An investigation by the Health and Safety Executive (HSE) found the metal deck sheets on the first level of the building had not been secured properly and the access to the first level of the decking was not adequately controlled allowing non-decking workers onto the deck.

Structural Metal Decks Limited pleaded guilty to breaching Sections 3 (1) and 33 (1) of the Health and Safety at Work Act 1974 and were fined £105,000.

Speaking after the verdict, HSE inspector Graeme McMinn said: “This is a tragic incident, which has had a devastating effect on a young man’s life. The accident could have been avoided if the Structural Metal Decks Ltd had taken appropriate safety precautions and ensured the decking sheets were properly secured.”

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

The Health and Safety Executive (HSE) has announced that it is to consult on proposals to make its cost recovery scheme dispute process fully independent.

The scheme, Fee for Intervention (FFI) was introduced in October 2012 to shift the cost of regulating workplace health and safety from the public purse to businesses which break the law and ensures the cost burden of HSE intervention is picked up by those companies and not taxpayers.

If an inspector identifies serious health and safety failings in the workplace about which they need to write to the dutyholder, then that dutyholder has to pay the costs of the HSE visit. If the inspector simply issues verbal advice there is no charge. If there is disagreement on HSE’s decision the dutyholder can dispute it.

Until now, disputes were considered by a panel which consisted of two members from HSE and one independent person. However, after reviewing the current process HSE will consult with relevant stakeholders with a view to making the process fully independent.

A spokesperson for HSE said: “HSE has always kept the dispute process under review and following a recent application for a judicial review we believe the time is right to move to a dispute process which is completely independent of HSE.”

Notes to editors

1. The Health and Safety Executive is Britain’s national regulator for workplace health and safety. It aims to prevent 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. A full guide to the Fee for Intervention scheme is available on HSE’s website at http://www.hse.gov.uk/fee-for-intervention/index.htm^[2]
3. Costs will be recovered where there has been a material breach of health and safety law.  A material breach is where a business or organisation has broken the law and the inspector considers it serious enough to notify them in writing.
4. The Health and Safety and Nuclear (Fees) Regulations 2016 can be found in full at

http://www.legislation.gov.uk/uksi/2016/253/contents/made?regulation-25-2-a

An Oxfordshire based, ground engineering company has been fined after a worker contracted severe hand-arm vibration syndrome (HAVS).

Cheltenham Magistrates’ Court heard how an employee, who was working at the company’s earth retaining division, known as Phi Group, was eventually diagnosed as suffering from HAVS after repeatedly flagging his symptoms to the company for over five years.

Symptoms of HAVS can include tingling, numbness and pain in the hands. This affects sleep when it occurs at night and sufferers have difficulties in gripping and holding things, particularly small items such as screws, doing up buttons, writing and driving.

An investigation by the Health and Safety Executive (HSE) found the company did not have the right system in place to manage the workers’ health as it did not have a suitable health surveillance programme in place to monitor for the early onset of HAVS and to prevent the irreversible condition from developing.

Keller Limited of Oxford Road, Ryton-on-Dunsmore, Coventry, pled guilty to breaching Regulation 7(1) of the Control of Vibration at Work Regulations 2005 and were fined £6,000 and ordered to pay costs of £2,263.45.

Speaking after the hearing HSE inspector Mehtaab Hamid said: “This was a case of the company completely failing to grasp the importance of HAVS health surveillance.

“If they had understood why health surveillance was necessary, it would have ensured that it had the right systems in place to monitor worker’s health and the employee’s condition would not have been allowed to develop to a severe and life altering stage”.

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

A Northamptonshire company who manufacture crisps and snacks has been fined after an agency worker lost the tops of three fingers.

Northampton Crown Court heard how an agency worker, working at Tayto Group Limited was clearing a blockage of material from a machine on the production line.

The workers hand came into contact with shears and three fingers on his right hand were severed, below the first knuckle.

An investigation by the Health and Safety Executive (HSE) into the incident, which occurred in August 2015, found that the guard on the machine was not secured at the time of the incident. The company had not implemented a formal monitoring system on this machine, to ensure that all guards were in place and secure before the machine was started.

Tayto Group Limited, of Princewood Road, Earlstrees Industrial Estate, Corby, Northamptonshire, pleaded guilty to breaching Regulation 5 of the Provision and Use of Work Equipment Regulations 1998 (PUWER), and was fined £330,000 and ordered to pay costs of £11,752.23.

After the hearing, HSE Inspector Michelle Morrison said ‘This man suffered a life-changing injury in what was an entirely preventable incident. Employers must have adequate and robust systems to ensure that guards used to prevent access to dangerous parts of machinery are in place and secure before machinery is put into use.’

For further information on work equipment and machinery visit: http://www.hse.gov.uk/work-equipment-machinery/^[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][1][1]
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/ ^[3][2][2]
3. HSE news releases are available at http://press.hse.gov.uk