(Australia)

A Queensland-based energy supplier has been fined $300,000 in a decision handed down in the Rockhampton Magistrates Court.

The energy supplier pleaded guilty to a Category 2 offence for failing to ensure an overhead powerline and its supporting structures spanning farmland were safe. A power pole in the field was kept vertical by a number of stay wires, each of which were separately attached to the ground. There were guards at the bottom of each stay wire obscuring a portion of it.

The power pole was inspected in late September 2020, during which corrosion was noted and given a Priority 3 rating, meaning it did not require rectification within a particular time frame. Ten months later, employees were working underneath the overhead powerline with a harvester when the top of it either contacted or came very close to the powerline.

One worker was electrocuted and died, and another five received electric shocks and were hospitalised.

The charge arose out of a failure by the defendant to have a system of routine visual inspection of the entire length of the stay wires, including the portions covered by the guards. One of two stay wires became corroded and broke, allowing the power pole to shift and the powerline to drop. When the pole was straightened after the incident, the powerline height over the machinery rose more than three metres. The energy supplier subsequently amended its inspection process to require routine inspection of stay wires underneath the stay guard.

This is valid as of 13th November 2023.

(Indonesia)

The boss and three other officials of an Indonesian firm whose cough syrup was linked to the deaths of over 200 children have been sentenced to jail.

They were handed two-year prison sentences and fined 1 billion Indonesian rupiah ($63,056).

The firm, Afi Farma, was accused of producing cough syrups containing excess amounts of toxic substances.

The company’s lawyer said they denied negligence and the firm was considering whether to appeal.

Prosecutors had been seeking a prison sentence of up to nine years for Afi Farma’s chief executive, Arief Prasetya Harahap, and seven years each for the other defendants.

The Public Prosecutor said that between October 2021 and February 2022 the company received two batches of propylene glycol, which is used for making cough syrup.

These batches contained 96% to 99% ethylene glycol, the prosecutor said. Both substances can be used as additives to solvents. While propylene glycol is non-toxic and widely used in medicines, cosmetics, and food, ethylene glycol is toxic and used in paint, pens, and brake fluid.

The company did not test the ingredients used in the cough syrup and instead relied on quality and safety certificates from its supplier, prosecutors said.

Afi Farma’s lawyer, Samsul Hidayat, said that Indonesia’s drug regulator did not require drug makers to carry out rigorous testing of ingredients.

This is valid as of 13th November 2023.

A care home provider has been ordered to pay £47,681 at Teesside Magistrates Court, after it failed to provide safe care and treatment to a vulnerable resident resulting in her being exposed to a significant risk of avoidable harm.

Premier Care Homes Limited was fined £20,000 and also ordered to pay a £181 victim surcharge with £27,500 costs to the Care Quality Commission (CQC), which brought this prosecution.

Premier Care Homes Limited pleaded guilty to one offence of failing to discharge their duties under Regulations 12 and 22 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. This was in relation to the care of Mrs Bruce who was at risk of falls while she was living at Picktree Court.

Picktree Court care home (run by Premier Care Homes Limited) is a residential care home in Chester-le-Street, Durham. It provides personal and nursing care to people, including some living with dementia.

Mrs Bruce became a resident at Picktree Court on 31 October 2019 aged 93. On 17 October 2019, before Mrs Bruce arrived at the home, the manager carried out a pre-admission assessment which showed that she had a history of experiencing falls. Although the home was aware of the risks, Mrs Bruce had a number of falls while living at Picktree Court, including slipping from a toilet, as well as some unwitnessed falls where she was found on the floor by staff.

At the time of her death, she experienced a range of health conditions and she had sustained fractures of the ribs.

The provider failed to ensure that Mrs Bruce had the necessary support in place to reduce the likelihood of falls. Despite there being monthly reviews of Mrs Bruce’s care and risk assessments, these reviews should have identified if the measures in place were working and if further actions needed to be put in place to minimise the risk of Mrs Bruce having falls.

CQC brought the prosecution as it believed that if Premier Care Homes Limited had put effective systems in place, Mrs Bruce would not have been exposed to such a significant risk of harm.

This is valid as of 13th November 2023.

(United States)

The captain of a dive boat that caught fire and killed 34 people in California four years ago has been found guilty of negligence.

Jerry Boylan, 69, was convicted of one count of “seaman’s manslaughter” after a 10-day trial in Los Angeles.

Prosecutors said the captain failed to have a night watchman or conduct fire drills as required by law.

All 33 passengers and a crew member sleeping below deck died, among the worst maritime disasters in California.

The fire broke out in the early hours of the morning on 2 September 2019 while the Conception was moored in Platt’s Harbour near Santa Cruz Island, south of Santa Barbara.

It was hosting a diving expedition over the Labour Day holiday weekend.

Boylan was among five crew members who managed to escape the blaze on the 75-foot vessel. They escaped by jumping overboard and swimming to another vessel nearby.

The crew members told investigators at the time that the flames were too intense to save anyone trapped in the passenger quarters.

This is valid as of 13th November 2023.

A Woolwich labourer is ‘lucky to be alive’ after part of a Victorian building fell on him during demolition work in Kilburn, North West London.

MAC Demolition Ltd, the Middlesex firm contracted to carry out the works, has been fined £60,000 after Tommy Brooks was left with life changing injuries. The 57-year-old had been employed on the site as a labourer for three months before the incident.

The company had been contracted to carry out soft stripping works on the Victorian property on Willesden Lane as well as the demolition of its roof.

On the morning of 2 March 2022, Mr Brooks had been tasked with clearing bricks for reclamation. He was working at the corner of the building when a large piece of masonry fell from the unstable roof, landing on top of him.

He was left with significant long-term injuries including a broken shoulder and 12 broken ribs, as well as spinal and internal injuries.

The HSE’s investigation found MAC Demolition had failed to adequately assess the risk of falling objects during demolition and failed to implement and enforce adequate exclusion zones.

MAC Demolition Ltd pleaded guilty to breaching Regulation 20 of the Construction (Design and Management) Regulations 2015. They were fined £60,000 and ordered to pay £3,229 costs at a hearing at Willesden Magistrates Court.

This is valid as of 13th November 2023.

A Wembley man, Erjon Xhika, has been ordered by Harrow Crown Court to pay a £300 fine, plus £300 prosecution costs for breaching the Private Security Industry Act 2001. This follows his guilty plea to working illegally.

The prosecution was brought by the Security Industry Authority (SIA).

The case began when the SIA’s London team of investigators carried out a routine licence inspection in Wembley on 7 July 2021 in the run up to the Euro final at Wembley Stadium. During the inspection they visited an Irish theme bar on Wembley Park Drive and checked the licence of the door supervisor, Erjon Xhika, who was in possession of an SIA licence. The licence appeared to be false although it displayed his name Erjon Xhika, and when he was questioned by the SIA’s investigators, he disappeared from the bar. The investigators held onto the licence for further investigation.

In September 2021, Gentian Dedej, the director of the security company linked to this case replied to SIA investigators but failed to supply them with the information they were seeking about Mr. Xhika. SIA criminal investigators invited Erjon Xhika to attend an interview-under-caution in October and December 2021. Mr. Xhika repeatedly failed to engage with the SIA’s investigators.

Despite this, Mr. Xhika applied for an SIA licence after the offence in April 2022. In his application he failed to declare criminality therefore on 28 May 2022 the SIA refused his licence application.

This is valid as of 6th November 2023.

[Trigger Warning: Sexual harassment]

(Australia)

The boss of two hospital coffee shops and two associated companies have been convicted and fined $290,000 after the sexual harassment of multiple staff.

The boss of both stores, was convicted and fined $40,000 in the Melbourne Magistrates’ Court after being convicted on two charges of failing to ensure a workplace under his control was safe and without risks to health.

The boss was the sole director of Whitelom Investments Pty Ltd, which was convicted and fined $110,000 for failing to maintain a workplace that was safe and without risks to health as the operator of the café at a hospital.

The boss was also a joint director of Whitelom Pty Ltd, which operated another café at a different hospital, and was convicted and fined $140,000 for failing to ensure a workplace under its control was safe and without risks to health.

WorkSafe began investigating the workplaces in April 2021 following a complaint regarding persistent sexual harassment by the boss.

The court heard six workers, aged as young as 16, were sexually harassed physically and verbally by their boss and also witnessed other staff being harassed.

The sexual harassment included touching, groping and sexually intrusive and suggestive comments.

An older worker aged in his 20s, who cannot be named for legal reasons, was also accused of groping a young co-worker.

WorkSafe’s investigation found the boss’ behaviour stretched back to 2014, and although the café had an online bullying and harassment policy, it had no contact details to make a report and none of the employees understood who they could complain to.

The court heard it was reasonably practicable for the boss not to sexually harass staff and for Whitelom and Whitelom Investments to provide staff with an avenue for reporting incidents of sexual harassment, other than to the manager.

This is valid as of 6th November 2023.

A company has been prosecuted after an employee suffered serious and life threatening injuries as a result of significant health and safety failings.

Exclusive Oriental Classics Ltd and its Director pleaded guilty to multiple breaches of health and safety laws following investigations by Bedford Borough Council. The company and its Director were fined a total of £67,145 and ordered to pay £10,000 in costs following the hearing at Luton Magistrates Court.

On 1 March 2022, Environmental Health Officers at Bedford Borough Council were alerted to a potentially life threating workplace accident at a warehouse located on Ampthill Road, Bedford. An employee had fallen approximately three metres from racking, sustaining life-threatening injuries.

Investigations identified multiple health and safety failings and significant failures to manage risks to the health and safety of employees. In particular, failings were identified in relation to the installation, inspection, maintenance, and use of the racking. Failures were also identified in the inspection and maintenance of a forklift truck used at the warehouse.

Employees had been directed to undertake work at height without adequate safety measures being implemented to protect their safety, leading to the serious injury of an employee.

The Court found that Exclusive Oriental Classics Ltd and its Director had failed to implement recognised industry standards and allowed these breaches to persist over a significant period of time.

This is valid as of 6th November 2023.

(New Zealand)

A New Zealand tour company has been found guilty of not “minimising risk” to 22 people who died in the 2019 White Island volcano disaster.

Judge Evangelos Thomas criticised what he said were “astonishing failures” by Whakaari Management Limited (WML), which licenses tours to the island.

The case is the largest action of its kind brought by New Zealand’s regulator, Worksafe NZ.

The company faces up to NZ$1.5 million ($928,000) in fines.

The December 2019 eruption killed 22, almost half of the people who were on the island at the time. Most were tourists, including 17 from Australia and three from the U.S.

Another 25 people were injured, with many suffering extensive burns.

The volcano, known by its Māori name of Whakaari, had been showing signs of heightened unrest for weeks before the fatal eruption.

It is New Zealand’s most active volcano and had been erupting in some form since 2011.

A total of 13 parties were charged over the disaster. WML was the last to receive a verdict after six had pleaded guilty, while six more had their charges dismissed.

Sentences will be passed in February.

James, Andrew and Peter Buttle, three brothers who own the company, inherited the volcano and licensed other businesses to run tours.

They had also been on trial over alleged breaches of New Zealand’s workplace health and safety legislation as individuals, but had those charges dismissed last month.

A lawyer for WML argued that it was merely a landowner without active control of tours to the island and how they were conducted.

This is valid as of 6th November 2023.

A health and safety inspector found cladding lying on residents’ balconies at a Liverpool apartment block, posing a serious fire risk.

The combustible cladding was similar to that used on Grenfell Tower when the 2017 disaster occurred. Green Facades Limited had been contracted to remove the potentially dangerous aluminium composite panels and combustible insulation material from The Circle, an eight-storey building on Henry Street in Liverpool.

When an inspector from the HSE first visited the site on 10 January 2022, the inspection revealed that, in preparation for the removal work, combustible material had been left exposed and there were inadequate means of escaping from the scaffold which was being erected.

The situation had worsened when the inspector returned a few days later, on 21 January 2022. Further combustible material had been exposed with no protection from potential sources of ignition, and combustible cladding material was found lying on residents’ balconies. As the building remained occupied during the works, the inspector alerted Merseyside Fire and Rescue Service who took their own enforcement action.

Green Facades Limited had been subject to earlier enforcement for similar breaches during cladding removal at a site in London. At that time the company was provided with advice on sustainable compliance with the regulations.

The HSE’s investigation found that Green Facades Limited had failed to take appropriate precautions to address the risk of fire and to ensure the safety of residents, workers, and others. It had also failed to take account of published guidance on the safe removal of cladding following the previous issue in London.

The company of Woolwich Road, London pleaded guilty to breaching regulations 11(1) and 13(1) of the Construction (Design and Management) Regulations 2015. The company was fined £240,000 and ordered to pay costs of £5,405.

This is valid as of 6th November 2023.

Today (1 November) is International Stress Awareness Day, which was set up by the International Stress Management Association to campaign against the stigma associated with stress and mental health issues.

The theme for 2023 is “Beyond Stress Management: From Stigma to Solutions” to highlight the solutions that will help to reduce the high incidence of stress and mental health-related issues in our society today.

Stress awareness day

Feeling stressed and being under pressure is a normal part of life, but becoming overwhelmed by stress can lead to mental health problems or make existing problems worse.

Millions around the UK experience stress and it is damaging to our health and wellbeing. The Mental Health Foundation reported that at some point in the last year, 74% of us have felt so stressed that we have felt unable to cope.

Stress is the feeling of being under too much mental or emotional pressure. When you are stressed your body releases stress hormones such as adrenaline and cortisol, which is your body’s reaction to help you deal with pressure or threats, sometimes called a “fight or flight” response. Your stress hormone levels usually return to normal once the pressure or threat has passed.

A small amount of stress can be useful as it can motivate you to take action and get tasks completed, and can also make you feel alive and excited. On the other hand, too much stress can cause negative effects such as a change in your mood, your body, and relationship issues.

There are many things you can do to reduce your symptoms of stress also known as self-care:

• start a stress diary to help identify areas in your life that cause stress, list triggers that make you unwell, and see how you can change them;
• get practical advice if there is a particular issue causing your stress, such as housing, benefits, money or employment advice;
• plan your time to make you feel more in control, and reward yourself for any achievements;
• talk to someone about how you are feeling;
• make lifestyle changes that could affect your stress levels, such as reducing your caffeine intake, exercising to relieve stress, making sure you get enough sleep, and eating a balanced diet;
• practice positive thinking instead of focusing on the negatives;
• practise mindfulness to help you become more aware of your thoughts, feelings, and the world around you.

Employees should look after their own health and wellbeing at work. If they are experiencing stress, they should talk to their manager as soon as they can. Managers should also look for any signs of stress among their employees, including:

• poor concentration;
• finding it hard to make decisions;
• being irritable or short-tempered;
• tearful;
• tiredness;
• low mood;
• avoiding social events.

If an employer or employee spots signs of stress, it can be helpful to have an informal chat to understand how the person is feeling and what support they need. Managers could encourage their employees to do a “Wellness Action Plan” which can help them to think about what is causing them stress and talk to their manager and get the support they need.

To create a positive environment at work and help prevent work-related stress, employers should:

• have a clear policy on mental health and stress;
• address the causes of stress through risk assessments and employee surveys;
• encourage people to raise their concerns;
• provide training for managers;
• support their employees;
• promote a work-life balance;
• provide employees with access to support.

This is valid as of 1st November 2023.

(United States)

Two employees of a national tank cleaning company suffered injuries when exposed to hydrogen sulfide that was present during the cleaning process of a tanker truck on 25 April 2023, in Beaumont. Two municipal firefighters responding to the scene also suffered injuries from the gas.

Federal investigators determined the employer, Trimac Transportation Inc., which operates as National Tank Services, did not provide adequate respiratory protection, resulting in two employees being transported to the hospital, one of them being hospitalised due to the exposure. The first responders were treated on the scene.

Investigators with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) found National Tank Services did not evaluate the worksite for possible respiratory hazards like the one that sickened the workers and did not monitor employees for exposure to other substances. The company also failed to provide workers with appropriate respirators, manage a required respiratory protection programme to provide workers with medical evaluations prior to respirator use, and conduct respiratory fit testing.

OSHA proposed penalties of $399,349 to the company after citing nine health violations, including two willful, three repeat and four serious.

This is valid as of 30th October 2023.