[Canada] Following a guilty plea in the Provincial Offences Court in London, Matpol Metal Roof Manufacturing Ltd. has been fined $110,000 and ordered to pay a 25% victim fine surcharge as required by the Provincial Offences Act.

It follows an incident in April 2022 that resulted in a worker being fatally injured in a fall while installing metal sheathing on a second-storey roof.

The court heard that Matpol was the constructor on a project installing a metal roof on a single-family home. Matpol subcontracted another roofing company to complete this work.

On 6 April 2022, a worker from the subcontracted company was installing metal sheathing on the second-storey roof of the building, when they fell to the ground and suffered fatal injuries.

A Ministry of Labour, Immigration, Training and Skills Development investigation found that while fall protection equipment was available on site for use at the time of the incident, the worker was not wearing fall protection when they fell from the roof.

Matpol Metal Roof Manufacturing Ltd. failed, as a constructor, to ensure that where a worker is exposed to a fall of more than three metres, and it is not practicable to install a guardrail, the worker shall be adequately protected by a method of fall protection, as required by section 26.1(2) of Ontario Regulation 213/91 and contrary to section 23(1)(b) of the Occupational Health and Safety Act.

This is valid as of 29th January 2024.

A North Yorkshire man has received a suspended prison sentence for the illegal deposit of waste on the River Swale flood plain.

In a case brought by the Environment Agency, Phillip Taylor, 70, of Scornton, near Richmond, appeared at York Magistrates’ Court, where he pleaded guilty to operating an illegal waste activity and an illegal flood risk activity by depositing over 2,400 tonnes of excavation waste within the flood plain.

Taylor was sentenced to 12 weeks in prison, suspended for 12 months, and was served with a court order to remove the waste to reduce flood risk. He was also ordered to pay costs of £9,500 and a victim surcharge of £115.

The court heard that in 2017 and 2018 excavated waste was transported to land known as the Catterick Complex from nearby housing developments, unbeknown to the house builders. The waste was tipped beside the river to form unauthorised flood defences to protect commercial fishing lakes owned by Taylor.

The downstream village of Catterick flooded in 2012 and has since benefitted from a £6 million Environment Agency (EA) flood alleviation scheme.

The EA regulates works near main rivers, and their flood plains, to ensure that any changes do not increase flood risk to others or damage important riverside habitats.

The illegal dumping of excavation waste at the Catterick Complex could displace or deflect flood water elsewhere, increasing flood risk. Taylor refused to remove the waste when directed by the EA.

Paul Glasby, the Environment Agency’s investigating officer, said: “Due to climate change flooding is becoming more frequent and severe and it’s important that landowners and businesses are aware of the legal restrictions for working in or near main rivers. Before doing so they must first gain authorisation from the EA so we can ensure that changes do not increase flood risk to others or damage the environment.

“Taylor showed a blatant disregard for the law and the community around him. Building unauthorised flood defences or conducting unauthorised works in a flood plain is a serious criminal offence and we are determined to take action to protect flood prone communities and the environment.”

During sentencing, Deputy District Judge Garland said Taylor was given repeated warnings and told him: “It’s clear that there was a deliberate disregard for the rules in the way you went about your business, creating a potential risk.”

The company which transported the waste to the Catterick Complex, Greenford Haulage and Aggregates Ltd, has previously been subject to an Enforcement Undertaking, donating £30,000 to Yorkshire Dales Rivers Trust.

This is valid as of 29th January 2024.

A man from Faversham was finally caught and arrested after absconding when he was found guilty of running an illegal waste operation in 2019.

James Mete, 61, appeared at Maidstone crown court for his sentencing and has been given an 18-month custodial sentence.

In 2019, the Environment Agency prosecuted Mete along with his daughters, Lucy and Billie Mete. James Mete then absconded before sentencing.

The law finally caught up with Mete and he was arrested following the warrant issued by Maidstone crown court for failing to answer his bail.

Mete will now serve a 14-month prison sentence for allowing waste to be deposited and treated at his site, Thirwell Farm, along with a further four months for breaching the terms of his bail.

Matt Higginson, environment manager for the Environment Agency in Kent, said: “This was a deliberate breach of the law, and we are pleased that all three Metes have now all received custodial sentences for the events at Thirwell Farm.

“James Mete and his daughters all knew their actions amounted to a criminal offence, but still allowed waste to be dumped, kept, and treated at Thirwell Farm for a number of years with no permit from the Environment Agency.

“I am pleased to see courts taking waste crime seriously. Mete is the third man to be given a prison sentence for waste crime in just a few weeks.”

In 2019, the Environment Agency prosecuted James Mete after obtaining evidence that he allowed multiple lorry-loads of soil and builders’ waste, approximately 40,000 tonnes, which equates to 3,200 double decker buses, was dumped and treated on Mete’s land at Thirwell Farm in Drove Lane, Hernhill, between 2014 and 2016. The work needed an environmental permit, which it didn’t have.

Following a number of tip-offs in 2015, the Environment Agency and Kent Police raided Thirwell Farm and found 10-foot piles of waste soils and rubble, as well as machinery for processing it. During this visit, environment officers turned back a lorry that had arrived to tip more waste.

At the time, both the lorry driver and the owner of a building supplies firm gave statements to the Environment Agency saying James Mete was their main contact at Thirwell Farm, despite him saying in interview he didn’t encourage firms to drop waste there.

Following a six-day trial at Maidstone crown court in March 2019, a jury found James Mete, Lucy Mete, and Billy Mete guilty of breaking environmental law as per the Environmental Permitting Regulations 2010. All three offenders have now been sentenced.

This is valid as of 29th January 2024.

A building design and construction company has been fined £2,605 for demolishing a building in Lliswerry, Newport where protected Pipistrelles bats were known to be roosting.

Christopher Davey, the director of Your Space Projects Limited, pleaded guilty to breaching the Conservation of Habitats and Species Regulations 2017 (as amended) at Newport Magistrates Court.

Full ecological surveys completed by an independent ecologist employed by Mr. Davey, showed that a bat roost was present at The Ferns, a former social club on Liswerry Road.

Pipistrelles bats are a priority species in the UK and Europe and are protected by both UK and European Wildlife law. The presence of the bats meant that the building could not be demolished without a European Protected Species License and appropriate mitigation in place.

In court, Mr. Davey argued that a breakdown in communication between the company and their subcontractor had resulted in the demolition taking place too early. Unfortunately, this prevented discussions and ecological assistance being put in place which would have protected any bats still in situ.

Judge Toms stated that the negligent failure of the company resulted in the loss of a day roost, and she ordered that the company pay fines and costs totalling £2,605.00.

PC Mark Powell on secondment with Natural Resources Wales Industry Regulation team said: “Officers from Natural Resources Wales are successfully working with police forces across Wales, and the National Wildlife Crime Unit to investigate and prosecute those responsible for committing wildlife and rural crime offences.

“This demolition of a confirmed bat roost without ecological onsite support, and without the European Protected Species Licence, will have impacted the species in the local area. Legislation is in place and is designed to protect our already dwindling protected native species.

“We hope this prosecution will serve as a reminder to developers, and anyone carrying out work to buildings that are home to bats, that they must follow the appropriate guidelines and ensure that any construction work is carefully completed within the law.”

This is valid as of 29th January 2024.

A Hartlepool man has been handed a community order after he admitted removing asbestos from a school when he wasn’t licenced to do so.

Sean Thomas Faulkner, 55, also intentionally falsified clearance paperwork after removing asbestos containing materials from Our Lady Lourdes School in Shotton Collery in March 2021. He carried out similar work several months earlier at a domestic property on Park Road in Middlesbrough in November 2020.

Teesside Magistrates’ Court heard that Faulkner failed to hold a licence to safely remove asbestos. He also failed to ensure a four-stage clearance was carried out on both jobs by a person accredited by an appropriate body, posing serious risk.

The HSE’s investigation found Faulkner had received the relevant training on how to safely remove licenced asbestos and was therefore fully aware of the legal requirement to hold a licence.

Faulkner of Berkeley Avenue, Hartlepool pleaded guilty to six charges, three charges at each offence location including contravening Regulations 8(1) and 20(3) of the Control of Asbestos Regulations 2012 and breaching Section 33 (1)(m) of the Health and Safety at Work etc. Act 1974.

He was given an 18-month community order, which consists of 15 days of rehabilitation, 90 days of monitored alcohol abstinence as well as him carrying out 150 hours of unpaid work. He will also pay costs of £1,000.

HSE inspector Stuart Whitesmith said: “Asbestos related disease still kills around 5,000 workers each year in Great Britain. It can be present today in any building or industrial process plant built or refurbished before the year 2000.

“In this case Mr Faulkner intentionally falsified paperwork necessary to ensure the safety of both workers, other staff and vulnerable members of public.

“We will not hesitate to take action where individuals disregard health and safety law such as can be seen in this case.”

This HSE prosecution was brought by HSE enforcement lawyer Karen Park.

This is valid as of 29th January 2024.

[New Zealand] A worker had to use his hands and a spade to dig his workmate free from 20 cubic metres of dirt when a trench they were excavating collapsed in the Waikato backblocks, in what WorkSafe says was a preventable incident.

Two workers were on the job at a farm near Te Kuiti in February 2021. One was operating a digger, and the other was doing measurements inside the trench, which was three metres deep and two metres wide. When one of the side walls gave way, one of the workers was engulfed, leaving only the top of his head visible.

The rescuer initially used his hands to clear the dirt away so the victim could breathe, and then used a spade until he could pull him out. The victim suffered a collapsed lung, a broken rib cage, a broken sternum, and a broken collarbone. He now also lives with post-traumatic stress disorder (PTSD) because of the incident.

The employer, R&L Drainage Limited, has now been sentenced for its health and safety failures. The company was found to have breached the Health and Safety at Work Act 2015 and ordered to pay a fine of $275,000 and reparations of $45,000.

A WorkSafe investigation found on-site safety was of an extremely poor standard. The trench had been built with a flat floor and steep vertical sides, rather than shored up with shields or battered into a safe slope to keep the sides stable. There had also not been any geotechnical assessment of the site to check the soil stability before work began.

R&L Drainage did not have a safe system of work in place for the job, and did not provide enough information, training, or supervision to protect workers from the risk of a trench collapse. The company also did not notify WorkSafe, as required for any excavation deeper than 1.5 metres and when a worker is intended to be in the trench.

This is valid as of 22nd January 2024.

Scotland’s environmental regulator is reminding those operating within the waste sector of the potential implications of breaching their waste management licence conditions following the conclusion of a criminal case at Kilmarnock Sheriff Court.

A Confiscation Order of £215,000 was imposed on an Ayrshire operator on 3 January 2023 under the Proceeds of Crime Act 2002 (POCA) after an investigation by the Scottish Environment Protection Agency (SEPA) into waste offences stretching over two and a half years at his site. POCA recovers the financial benefit made by those undertaking criminal activity, including environmental offences, such as the unauthorised deposit, treatment, or disposal of waste.

William Boyd, who operates the skip hire and waste collection business Boyd Brothers in Stevenston, pled guilty on 11 August 2021 to four charges relating to contravention of various conditions of his waste management licence on or between 19 October 2016 and 6 May 2019.

Mr. Boyd also pled guilty to a fifth charge of knowingly permitting controlled waste to be deposited at his site without the authority of a waste management licence between 21 December 2016 and 13 January 2019.

The Sheriff admonished Mr. Boyd at Kilmarnock Sheriff Court in recognition of the fact a £215,000 Confiscation Order had already been imposed and paid and the dates/age of the charges libelled.

The matter was investigated by SEPA and referred to the Crown Office and Procurator Fiscal Service (COPFS).

As part of a site inspection in October 2016 SEPA officers found that a number of the conditions of Mr. Boyd’s waste management licence were not being complied with, including the total quantity of waste being kept on site exceeding the maximum 200 tonne limit.

SEPA officers took steps to engage with Mr. Boyd in an effort to secure compliance. However, these attempts were unsuccessful and as a result SEPA served a partial suspension notice on Mr. Boyd in November 2016 meaning no new waste could be brought onto the site.

During further site inspections SEPA officers continued to find evidence of new waste having been brought onto site. Further contraventions of Mr. Boyd’s waste management licence conditions were also identified, including waste not being stored on an impermeable surface (which risked contaminants entering the subsoil and causing pollution) and wastes were being stored at the site for longer than permitted. In April 2018 SEPA served a statutory notice on Mr. Boyd requiring the non-compliances to be remedied within the specified timescales.

SEPA officers subsequently found that the conditions of the waste management licence continued to be contravened and that new waste continued to be brought onto site. In January 2019 SEPA officers identified that around 1,000 tonnes of waste remained on site, around 800 tonnes more than was permitted in terms of the waste management licence.

Due to an ongoing failure to take the steps required by SEPA to remedy the non-compliance on site, SEPA served a statutory notice of partial revocation on Mr. Boyd in May 2019 removing authorisation under the waste management licence to keep and treat any waste on site with effect from 7 July 2019. Mr. Boyd continued to keep and accept new waste onto site without the authority of a waste management licence and as a result, and following SEPA’s investigation they submitted a case to COPFS for consideration of prosecution.

Following the case, Mr. Boyd has now cleared the majority of unauthorised wastes from the site. The site licence continues to be partially revoked, preventing any new wastes from being accepted at the site, and the Waste Carrier’s registration required for the business to transport waste has also expired.

SEPA will continue to monitor the site and, following the conviction, will now consider next steps that may need to be taken.

This is valid as of 22nd January 2024.

A garden landscaper has been handed a suspended prison sentence after a worker was killed when a moving circular saw kicked back into his groin.

The labourer, who had been working for Watford-based gardener Mr Fernando Araujo for just two days, was killed in the incident at a house on Harewood, Rickmansworth, on 11 August 2021.

The 31-year-old had been assisting Mr Araujo, 54, with the installation of railway sleepers along the edge of the front garden driveway. At the time of the incident he was using an angle grinder fitted with a toothed circular saw blade to cut the wooden sleepers.

Prosecuting, HSE enforcement lawyer Jon Mack told St Albans Magistrates’ Court that the use of a toothed saw blade on an angle grinder made it a dangerous machine.

The guard had also been removed from the grinder as the circular saw blade fitted was larger than the original grinder disc on the power tool.

In addition, the sleeper had been placed in a skip and was not secured whilst being cut. While attempting to cut the sleeper, the tool kicked back under power into the worker’s groin causing him to sustain a serious, fatal laceration.

The HSE’s investigation found that Araujo failed to ensure that work equipment was used only for operations for which, and under conditions for which, it was suitable. Changing from the use of an abrasive wheel through fitting of a circular saw blade meant a dangerous machine was created.

Sentencing, District Judge Margaret Dodd said: “Whatever sentence I pass will not compensate his family for their loss. Nothing can compensate the family for their loss, and the sentence in no way indicates the value of a life.”

Mr Fernando Araujo, of Croxley View, Watford, pleaded guilty to breaching Regulation 4(3) of Provision and Use of Work Equipment Regulations 1998 and Section 33(1)(C) of the Health and Safety at Work etc. Act 1974. The 54-year-old was sentenced to six months in prison, suspended for two years, ordered to complete 200 hours of unpaid work and pay £3,467.72 in costs at St Albans Magistrates’ Court on 9 January 2024.

HSE inspector Jenny Morris said: “This tragic incident led to the avoidable, horrific death of a young man. It could easily have been prevented if the correct equipment was selected so that the wooden sleepers could have been cut safely. Power tools should be used safely and only for the purpose for which they have been designed.”

This prosecution was brought by HSE enforcement lawyer Jon Mack and supported by HSE paralegal officer Sarah Thomas.

This is valid as of 22nd January 2024.

Artificial intelligence is set to affect nearly 40% of all jobs, according to a new analysis by the International Monetary Fund (IMF).

IMF’s managing director Kristalina Georgieva has said that, in most scenarios, AI will likely worsen overall inequality.

Ms. Georgieva added that policymakers should address the “troubling trend” to “prevent the technology from further stoking social tensions.”

The proliferation of AI has put its benefits and risks under the spotlight.

The IMF said AI is likely to affect a greater proportion of jobs, put at around 60%, in advanced economies. In half of these instances, workers can expect to benefit from the integration of AI, which will enhance their productivity.

In other instances, AI will have the ability to perform key tasks that are currently executed by humans. This could lower demand for labour, affecting wages and even eradicating jobs.

Meanwhile, the IMF projects that the technology will affect just 26% of jobs in low-income countries.

It echoes a report from Goldman Sachs in 2023, which estimated AI could replace the equivalent of 300 million full-time jobs but said there may also be new jobs alongside a boom in productivity.

More generally, higher-income and younger workers may see a disproportionate increase in their wages after adopting AI.

Lower-income and older workers could fall behind, the IMF believes.

AI technology is facing increased regulation around the world. Last month, European Union officials reached a provisional deal on the world’s first comprehensive laws to regulate the use of AI.

The European Parliament will vote on the AI Act proposals early this year, but any legislation will not take effect until at least 2025.

The U.S., UK, and China have yet to publish their own AI guidelines.

This is valid as of 22nd January 2024.

A scaffolding company has been fined and its director given a suspended prison sentence after a scaffolder suffered an 11,000-volt electric shock.

Steven Gilmore, 36, was working for contractor Canterbury City Scaffolding Ltd alongside a small team of scaffolders, to erect a temporary roof scaffold at an open-air drinks depot in Snow Hill, Crawley, West Sussex.

Canterbury City Scaffolding Ltd had been contracted by Drinks Warehouse UK Ltd to erect the temporary roof structure over its open-air depot in order to provide shelter for operations during the winter months.

On 29 November 2021 the father-of-one struck a live 11kV power line running across the site while lifting a six-metre scaffold tube. He then fell over five meters to the ground suffering a badly broken leg. Mr Gilmore sustained life-changing electrical burns to both hands, which he will never regain full use of.

Investigating, the HSE found that Canterbury City Scaffolding Ltd and its director had failed to ensure the high-risk temporary roof scaffold assembly job near a high voltage line was properly risk assessed.

The investigation also highlighted that, despite being fully aware of how close the temporary roof scaffold was being built to the 11kV line, no attempt was made by the scaffold contractor or its director to consult UK Power Networks (Network Operator) about line voltage and safe clearance distances.

While directing the scaffold assembly works on site himself, the director allowed his team of scaffolders to use six-metre-long metal scaffold tubes at near vertical angles within striking distance of the high voltage line without any precautions to prevent injury.

The HSE advise that work around overhead power lines, no matter how temporary, is high risk with serious or fatal consequences if not carefully planned and carried out. Every year people at work are killed or seriously injured when they come into contact with live overhead power lines. Those responsible for work near overhead lines must have a clear understanding of the associated risks and precautions that need to be taken.

City Scaffolding Ltd previously pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. Director, Ian Pepper, 48, of Hoath near Canterbury pleaded guilty to an offence under Section 37(1) of the Health and Safety at Work etc. Act 1974. Sentencing was adjourned to 15 January 2024.

The company was fined £50,000 and Ian Pepper was sentenced to 18 weeks in prison, suspended for 12 months, and ordered to undertake 200 hours unpaid work and 20 rehabilitation activity requirement days.

Speaking after the sentencing hearing, HSE Inspector Susie Beckett said: “This scaffolder’s injuries were life-changing and could have been fatal. This incident could have been avoided if this high-risk scaffold job had been properly planned, including seeking free advice from the Network Operator on what precautions to take, and then implementing those well-established precautions to prevent accidental contact with the overhead line.”

This prosecution was brought by HSE enforcement lawyer Jon Mack.

This is valid as of 22nd January 2024.

It has been revealed that BC Hydro was fined over $700,000 in 2023 for damaged ventilation equipment at its Site C dam.

The $710,488.79 fine was handed down in September 2023, and the penalty summary was recently released to the public.

Bob Gammer, Site C community relations manager, says the penalty is related to work done by a BC Hydro contractor in the dam’s powerhouse.

WorkSafeBC said damaged ventilation equipment was found, as well as deficiencies with how the power company addressed welding fume hazards.

The provincial agency added that the subcontracting firm for welding did not have an adequate exposure plan for welding fumes.

The fumes produced or present during welding can include nitrogen oxide, ozone, and metal fumes such as manganese, chromium, and carbon monoxide.

The short-term exposure risks include eye, nose, and throat irritation, dizziness, and nausea. The long-term exposure risks include asthma, stomach ulcers, kidney damage, as well as cancer of the larynx, lungs, and urinary tract.

WorkSafeBC said because BC Hydro was the primary contractor of the workplace, the company failed to establish and maintain regulatory compliance. BC Hydro also failed to keep updated written procedures for providing first aid.

The violations were repeated and high-risk, according to WorkSafeBC.

Gammer said once the order was received, the Site C project ensured full compliance and increased field verifications of compliance with the ventilation plans.

BC Hydro and subcontractors at the Site C Dam have been fined a number of times since the beginning of construction.

This is valid as of 16th January 2024.

The Staffordshire Wildlife Trust’s Craddock’s Moss project has received a financial boost after the Environment Agency accepted an Enforcement Undertaking (EU) offer from Swanline Print Limited, a company based in Stone, Staffordshire.

The payment is part of an EU offered by the company for its failure to register as a packaging producer and take steps to recover and recycle its packaging waste under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007.

Swanline Print Limited specialise in being the UK’s leading trade only supplier of bespoke paper-based materials, print and conversion services to the packaging and Point of Sale sectors.

An investigation into potential offences committed by Swanline Print under the Packaging regulations confirmed that the company first became obligated in the 2010 registration year but failed to register until 2021. Since then, the company has registered every year and is now compliant with the regulations.

The Environment Agency estimated that Swanline Print Limited’s avoided costs for not registering and meeting their obligation for those registration years, as a minimum of £14,659.99 which includes a penalty uplift. The business has now made a financial contribution of £14,700 to Staffordshire Wildlife Trust to ensure that it did not financially benefit from its period of non-compliance.

Jake Richardson, Senior Technical Officer for the Environment Agency, said: “Enforcement Undertakings allow businesses who fail to comply with legal requirements or pollute the environment to come into compliance or positively address and restore any harm caused to the environment and prevent repeat incidents.

“The Environment Agency is increasingly using this method of enforcement for less serious cases to restore and improve the environment, change behaviour, and improve practices of the offender.”

The company has also paid the Environment Agency’s administration, investigation, and legal costs.

This is valid as of 16th January 2024.