Keith Wannan, 34, was replacing rubber sleeves on the rollers of a potato harvester to prepare it for the new harvesting season at Foodie Farm in Foodieash, near Fife, on 6 September 2009. George Orr, one of the partners that owned the farm, GJ Orr of Foodieash, assisted him.

In order to replace the sleeves, the rollers had to be removed and then reinstated in the harvester. To help them re-install the rollers in the correct place, Orr powered up the harvester by connecting it to a tractor. He then left Mr Wannan to complete the job but, when he returned 90 minutes later, he found the worker trapped inside the rollers. The emergency services cut Mr Wannan free and transported him to hospital, but he was pronounced dead on arrival.

The HSE’s investigation found that the guard on top of the rollers was open. It is believed that Mr Wannan was working on top of the machine and either fell, or accidently stepped through the gap. He was drawn through the rollers and crushed to death.

HSE inspector Peter Dodd told SHP that GJ Orr failed to carry out a risk assessment before starting the maintenance, which would have identified that the work should have been done when the harvester was isolated from a power source. The partnership was issued an Improvement Notice, which required it to undertake a risk assessment.

Inspector Dodd said: “Mr Wannan went to work that day fully expecting to come home safe – but, now, his partner and his family have to come to terms with their loss.
“If GJ Orr had taken simple steps to protect their employees by thinking about hazards and risks, putting measures in place to prevent their employees being able to come into contact with dangerous parts of the harvester, this incident would not have happened.”

GJ Orr appeared at Cupar Sheriff Court on 15 September and pleaded guilty to breaching s2 of the HSWA 1974 and was fined £112,500. No costs were awarded, as the case was heard in Scotland. In mitigation, the company said it had no previous convictions and it complied with the Improvement Notice by acquiring the services of a health and safety consultancy to carry out a risk assessment. It also said it believed Mr Wannan knew how to conduct the task safely, as he had previously worked for the company that supplied the machine. But the company accepted it had failed to ensure he was properly trained and competent to do the work.

After the hearing, inspector Dodd added: “This case should act as a timely reminder to farmers of the very real dangers posed by their machinery when they are preparing it for harvesting, undertaking repairs or maintenance, or attempting to clear blockages.”

Provisional figures released by the HSE yesterday (28 June) revealed that 171 workers died in 2010/11 – up from the record low of 147 deaths in 2009/10. The construction industry recorded 50 deaths among its workers – an increase of 22 per cent on last year’s total of 41 fatalities. In the agriculture sector, which, along with construction, is traditionally the most dangerous in which to work, deaths fell from 39 last year to 34 in 2010/11.

HSE chair Judith Hackitt admitted that the increase was “disappointing” but was keen to emphasise that Britain still has one of the lowest rates of fatal injury anywhere in Europe. Calling on all stakeholders to continue to focus on “real risks and not on trivia and pointless paperwork”, she said: “We all have a role to play – employers, employees and regulators – and leadership is fundamental to maintaining and improving our performance even further.”

General Secretary, Brendan Barber: TUC , while agreeing that the responsibility for the rise in fatalities “must be placed at the door of negligent employers”, was adamant that more needs to be done by the Government to ensure workers are protected.

His comments were echoed by IOSH, which said that as the economy recovers and industry picks up it is “essential” to maintain inspection levels, increase awareness and ensure access to reliable information and advice. Head of policy and public affairs Richard Jones commented:

“We are disappointed and concerned with the overall increase in fatalities, particularly the growth in the construction and waste and recycling sectors. Cuts mustn’t cost lives and one death is too many.”

The Hazard Campaign said: “Nationally, there were 47 deaths in the services sector, 34 in agriculture, and 27 in manufacturing – all sectors that will soon be free of unannounced, proactive inspections that spot hazards before they kill someone, but which [Employment minister] Chris Grayling has scrapped.” However, the minister countered with the assertion that “the reforms will ensure that action is better targeted on those who irresponsibly put workers and the public at risk”. The statistics can be viewed on the HSE website at www.hse.gov.uk/statistics/fatals.htm

Stephen Smith. Director of Sphere Risk Health & Safety Management Ltd states “the 35% cut in HSE funding by the present Coalition allied with the previous Governments roll back of funding is starting to highlight some alarming trends, it will not be long before we are back to pre 2000 fatality figures. Its about time everybody understood that these statistics are people who have families and loved ones, and we the Tax Payer pick up over 80% of the total costs of any workplace accident, not the reckless employer.”

If you have a safety related question please email steve@sphererhsm.co.uk or sign up to our regular twitter feed @sphererhsm

Stephen Smith of Sphere RHSM, talks about the health & safety aspects of the East Of England Show. The show is an annual event in Peterborough, which attracts many thousands of people each year.

He describes some of the specific challenges that were done this year. The video illustrates Stephens knowledge of the subject of health and safety. Stephen Smith and RHSM have been providing health and safety advice for the East of England Show for many years and in this time there has been no major safety incidents, a track record to be proud of.

The European Commission has requested that the UK amend its regulations on asbestos at work because they do not comply fully with the parent EU Directive.

Delivered in the form of a reasoned opinion under EU infringement procedures, the Commission wants the UK to change provisions in its legislation that exempt some maintenance and repair activities from the application of the EU Directive on the protection of workers from asbestos.

It follows a complaint received by the Commission that Article 3(3)(a) and (b) of the asbestos Directive 2009/148/EC has not been correctly transposed into UK law. Article 3(3) offers the possibility for an exemption from three obligations set out in the Directive for activities that involve only sporadic and low-intensity exposure to asbestos – for example, in the case of some maintenance and repair activities.

However, in the Commission’s view, the UK law omits specific parts of Article 3(3)(a) and (b), and so widens the scope of the exemption. The Commission says the UK legislation focuses on the measurement of exposure to asbestos but not enough on how the material can be affected by the work involved. The Directive deals with both exposure and the material.

UK has two months or else face EU Court of Justice

The UK now has two months to bring its legislation into line with EU law, or risk the matter being referred to the EU’s Court of Justice.

Commenting on the development, TUC general secretary, Brendan Barber, said: “This is another nail in the coffin of the myth that the HSE has been ‘gold-plating’ regulation. European regulations are there to protect workers, and governments should see them as being minimum standards rather than trying to weasel out of their commitments.”

Alan Ritchie, general secretary of construction-workers’ union UCATT, added: “Construction workers, especially those involved in maintenance work, are now at the greatest risk of being exposed to asbestos and developing asbestos-related diseases.

“It is essential that they are given the greatest possible training, education and protection when it comes to dealing with asbestos. UCATT’s advice is clear: if you are not a specialist, do not work with asbestos. If, at any point, you think you are working with asbestos, stop work immediately and get it checked out.”

A spokesperson for the HSE told SHP: “The reasoned opinion is a long and complex legal document and we need to look at it carefully before we decide how to respond.”

A health and safety manager who suffered serious burns when a can of solvent exploded has received a suspended prison sentence for putting other workers at risk.

Chelmsford Crown Court heard that Phillip Dutton, 41, was responsible for health and safety at metal distributor, South Essex Stockholders Ltd. On 3 February 2009, he was burning the contents of a skip at the firm’s depot in Vanguard Way, Shoebury in order to compact the waste.

He asked a junior member of staff to fetch a can of surface cleaner so he could pour it into the flames as an accelerant. When he poured the solvent into the fire, it ignited and caused the can to explode and shower him with the substance. He suffered serious burns across his body and spent four months in hospital receiving treatment, including skin grafts.

Risks should have been realised

Southend-on-Sea Borough Council environmental health officer, Dan Jarvis, told SHP there was a culture of adding accelerants when burning waste in skips at the site, and Dutton had not identified the risks associated with adding flammable substances to fires. He said: “As health and safety manager, Mr Dutton should have realised the risks associated with adding flammable solvents to a fire. He put other workers at risk by carrying out this action and by allowing this practice to be carried out at the site. Furthermore, our investigation found that there were inadequate procedures in place to ensure that hazardous substances were stored in a safe place.”

Dutton appeared in court on 15 February and pleaded guilty to breaching s7 of the HSWA 1974. He was given a four-month prison sentence, which has been suspended for two years. He was also ordered to pay £5000 towards costs.

In mitigation, Dutton, who now resides in Cyprus, admitted that he had been foolish to add the solvent to the fire. He urged the judge to be lenient with his sentence as he has already suffered significantly from his own mistake. His employer, South Essex Stockholders Ltd, was found guilty on 9 December of breaching s2(1) of the HSWA 19.

The HSE is undertaking a nationwide round of inspections on construction sites in a bid to reduce the toll of death and injury in the sector.

The blitz, which is now in its fifth year, will focus heavily on refurbishment and maintenance activities. The latest annual health and safety statistics revealed that nearly three-quarters of the 42 construction deaths last year (2009/10) related to these types of tasks.

During the unannounced visits – which start today (14 February) – HSE inspectors will check that sites are managing work at height safely, that they are in good order to avoid trips and falls, and that walkways and stairs are free from obstruction. They will also monitor whether equipment is correctly installed, maintained and used.

In March last year, inspectors visited 2414 contractors at 2014 sites across Britain. A total of 691 enforcement notices was issued at 470 sites, with inspectors issuing orders to stop work immediately in 359 cases – either because of unsafe work at height, or because sites lacked good order.

HSE’s chief inspector of construction, Philip White, said: “This will be the fifth year that we have run the inspection initiative across Britain and we anticipate that there will be examples of both good and bad practice – those where employers are taking all the measures they can to protect their workers, and those where safety is way down the list of priorities.

Lax attitude to health and safety

“A lax attitude to health and safety in one of the more dangerous industries is not acceptable, especially when many of the incidents are completely avoidable by taking common-sense actions and precautions. As we’ve demonstrated in previous years, we will not hesitate to take action if we find poor practice that is putting the lives of workers at risk.”

The construction-site crackdown will also enable HSE inspectors to highlight the dangers of asbestos. The Executive was recently criticised for apparently shelving plans to run an award-winning asbestos awareness campaign aimed at construction workers and other tradespeople.

The HSE said it was taking stock of the campaign, and stressed that it would “continue to make tackling asbestos a priority, both in terms of our communications activity and our enforcement work”.

Commenting on how the refurbishment blitz would help raise awareness of the risks of asbestos, White said: “This year, as part of ensuring risks from asbestos are properly managed, we will also be checking that, where appropriate, asbestos surveys have been carried out prior to any refurbishment work.

“Many workers believe that, because asbestos has been banned as a building material, it’s no longer a threat to them, but that simply isn’t true. Any premises built or refurbished before 2000 could contain asbestos.”

The first company to stand trial under the Corporate Manslaughter and Corporate Homicide Act 2007 has been fined £385,000 after being found guilty by the jury at Winchester Crown Court.

The conviction of Cotswold Geotechnical Holdings Ltd came after a two-week trial at the court, where the company answered charges by the Crown Prosecution Service in relation to the death of employee Alexander Wright on 5 September 2008.

In handing down the sentence on 17 February, the judge confirmed the company could pay the fine over a 10-year stretch, with £38,500 due every year of that period. The company does not have to pay any costs.

Mr Wright, 27, had been left working alone in a 3.5m-deep trench to ‘finish up’ after the managing director of Cotswold Geotechnical Holdings, Peter Eaton (pictured centre), left for the day.

A short time later, the trench collapsed on Mr Wright and buried him. On hearing his cry for help, one of the plot-owners called the emergency services while another ran to the trench where he found Mr Wright buried up to his head. He climbed into the trench and removed some of the soil to enable the junior geologist to breathe, but a further torrent of earth fell into the pit, covering Mr Wright completely. Despite the plot-owner’s best efforts to free him, Mr Wright died of asphyxiation.

Manslaughter charge

Peter Eaton had originally been charged with manslaughter by gross negligence, as well as a health and safety offence, in his own capacity but these charges were dropped after a successful application by his defence team last October on the grounds of his poor health. The company also originally faced a separate health and safety offence, but this was dropped by the prosecution in January this year after the judge raised the issue of whether the two different burdens of proof for the two remaining charges might confuse a jury.

A safety trainer has been prosecuted by local authorities for failing to implement safe work-at-height practices during a demonstration.

Steven Roadknight, who traded as Safety Train UK Ltd, was contracted to deliver rope-escape training at Kuehne+Nagel’s transportation depot. He was training staff how to escape from a Very Narrow Aisle (VNA) lift truck, which are used to stock shelves in narrow aisles. If the machine breaks down the only way to escape is to climb over the cab and descend to the floor.

As part of the training he asked one of the workers to practise an emergency escape from the vehicle. She was instructed to climb on to the cab and then attach herself to a rope, which had a descender lever, and lower herself down to the ground. But Roadknight did not attach a safety rope to her that he could control in case anything went wrong. When she began lowering herself to the ground she pulled too hard on the descender lever and plummeted 12 feet to the ground. She sprained both of her ankles, and sustained bruising to her back, and serious rope burns.

Failure to provide safety equipment

Birmingham City Council environmental health officer James Rudman, who investigated the incident, told SHP that Roadknight had also failed to provide a safety helmet for the demonstration.

EHO Rudman said: “The injured employee was extremely lucky to not have been more seriously injured. Failing to use a safety rope and helmets could quite easily have resulted in this being a fatal incident. I was pleased that the court agreed and supported our actions.”

Roadknight appeared at Birmingham Magistrates’ Court on 28 January and pleaded guilty to breaching s37 of the HSWA 1974. He was fined £500 and ordered to pay £1500 towards costs.

Mitigation

In mitigation, Roadknight said he had no previous convictions and had entered an early guilty plea. He asked the court to take into account his limited financial means as the company is no longer trading.

Following the hearing, Councillor Neil Eustace commented: “I am pleased that the magistrates recognised the seriousness of the offence. My officers will continue to take action where businesses and individuals fail to comply with minimum health and safety standards.”

An engineering firm has been fined after a worker’s hand got caught in an unguarded drilling machine.

The incident took place at B&B Ltd’s factory on Dobson Parkway in Ince, Lancashire on 24 September 2009. A 46-year-old worker, who wishes not to be named, was using an industrial drilling machine to drill holes in an iron bar.

In order to move the piece of metal into a different position the worker switched off the drill, but it took 30 seconds to stop, the court heard. As he reached across to switch the machine back on, the drill was still moving and the glove on his right hand got caught in the rotating mechanism, which pulled his hand into the machine. His index finger was severed below the first joint, his middle finger was badly cut, and his ring finger was dislocated.

HSE inspector Adam McMahon, revealed the incident could have been avoided if the machine had a guard around the blade to prevent access to dangerous parts. He said: “A worker has suffered a life-long injury to his right hand because B&B Group did not make sure basic health and safety measures were in place at its Wigan factory.

Injuries could have been avoided

“If there had been a guard around the rotating drill at the factory then the worker’s injuries would almost certainly have been avoided. This case highlights how important it is for manufacturers to make sure the health and safety of staff is their top priority.”

B&B Ltd appeared in court on 21 January and pleaded guilty to breaching reg.11(1) of the Provision and Use of Work Equipment Regulations 1998, for failing to take measures to prevent access to dangerous parts of machinery. It was fined £12,500 and ordered to pay costs of £1703. The company had no previous convictions.

Following the hearing, Inspector McMahon added: “Manufacturers who fail to prevent access to dangerous parts of machinery are breaking the law and we will continue to take enforcement action against them.”

A local council has admitted failing to take steps to protect a worker who developed a severe form of hand-arm vibration syndrome (HAVS).

The maintenance worker joined Crewe and Nantwich Borough Council in 1984 and regularly used heavy-duty vibrating equipment, including pneumatic drills and hand-held grinders.

In July 2005, the worker began suffering pain in his hands and was diagnosed with the early stages of the condition. He was recommended for annual assessments but, despite being reassessed in 2006, was not seen again by a doctor until 2009. During this period the council allowed him to operate vibrating equipment on a regular basis. The worker’s health deteriorated to such an extent that he now has difficulty picking up small objects, and his hands become very painful in cold weather.

Following his assessment in 2009, his condition was reported to the HSE who began an investigation. HSE inspector, Chris Goddard, said: “The worker was first diagnosed as developing HAVS in 2005 but the council failed to take any significant action for nearly four years to stop the condition getting worse.

“It should have limited the amount of time he spent using vibrating equipment, or provided alternative tools. Instead, he was allowed to continue with his job without any changes.

“If this action had been taken, the worker’s condition could have been prevented from becoming serious. Instead, he has suffered a permanent loss of movement to his hands.”

The council, which is now part of Cheshire East Council, appeared at South Cheshire Magistrates’ Court in Crewe on 21 January and pleaded guilty to breaching reg. 5(1) and reg. 6(1) of the Control of Vibration at Work Regulations 2005, for exposing an employee to the risk of vibration without having a suitable risk assessment in place, and failing to reduce or eliminate the risk of exposure. It was fined a total of £5300 and ordered to pay £5860 towards costs.

The council pleaded guilty

Following the hearing a spokesman from the council said: “The council pleaded guilty to both charges and accepts the findings of the HSE. However we are pleased that the council’s full cooperation in the investigation and our clean health and safety record was recognised by the court.

“It is also important to note that since Cheshire East Council was formed we have been commended by the HSE on our work around hand and arm vibration.”