Southend High School for Boys Academy Trust has been sentenced after a worker fell from a ladder.
The incident happened on 19 February 2019, when the injured person was using an unsecured ladder at the school to dismantle a canopy roof. The ladder slipped, causing the worker to fall and sustain fractures to his face, a fractured femur and other injuries.
The HSE’s investigation found that:
Southend High School for Boys Academy Trust of Prittlewell Chase, Westcliff On Sea, Essex pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. It has been fined £24,000 and ordered to pay costs of £5,446.
Speaking after the hearing, HSE inspector Eleanor Kinman said: “Falls from height remain one of the most common causes of work-related fatalities in this country and the risks associated with working at height are well known.
“Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of working.
“If a suitable safe system of work had been in place prior to the incident, the serious injuries sustained by the employee could have been prevented.”
This is valid as of 18th June 2021.
What you’ll get: A construction company has been fined £700,000 over safety failings after one of its employees was crushed by a dumper truck.
John Cameron, 61, from Tyne and Wear, was working for BAM Nuttall during the building of an electricity sub-station at Blackhillock, near Keith in Moray. He died after his legs became trapped under a passing truck.
Inverness Sheriff Court was told how he had been fitting a new blade to a specialist saw when the accident happened. Fiscal depute Gavin Callaghan told Sheriff Gary Aitken there was a safe place where Mr Cameron could have carried out his work, but it was not clearly designated.
Mr Callaghan said: “Mr Cameron was left to his own devices. What he did and where he did it was not safe but that is no criticism of Mr Cameron. No-one from BAM challenged him and there had been no risk planning.
“It is not suggested that BAM had a cavalier attitude towards health and safety and it is tragic that an oversight has such terrible consequences.”
BAM Nuttall admitted failing to make a suitable risk assessment in the task of repair and replacement of equipment on site and the risk of vehicles and pedestrians coming into contact with each other.
It also failed to provide a system of work that could be carried out safely and which segregated persons from vehicles.
Murdo MacLeod, QC for BAM Nuttall, said there had been a last-minute design change to the area where Mr Cameron was working and admitted no arrangements had been made for a risk assessment at such short notice.
He said: “The company recognise that it was unacceptable that he should have been left to his own devices and greater care should have been taken to secure that area. The company has left no stone unturned since the accident and new zonal working systems have been introduced.”
Mr MacLeod added: “The company want to formally record its sincere regret to the family as Mr Cameron was an experienced, highly valued and popular employee.”
Passing sentence, Sheriff Aitken recorded his condolences to family members in court and added: “No-one ever thinks that a loved one going to work won’t come home.”
He said it was not the court’s function to try and put a value on a person’s life but to punish a company in the only way it could by a fine.
This is valid as of 17th June 2021.
The top 10 driving stresses facing drivers as roads return to normal have been revealed, with the return of traffic jams now causing the most agitation behind the wheel.
Road safety charity IAM RoadSmart conducted the stress related investigation, which discovered that more than 4-in-10 motorists (42%) are anxious about returning to sitting in long tail backs as more traffic returns to UK roads.
Meanwhile, simply getting used to busier roads again was causing stress among more than 3-in-10 motorists (33%), while other drivers returning to the road who might be out of practice was causing concern to more than a quarter of motorists (27%).
Neil Greig, IAM RoadSmart Director of Policy and Research, said: “As traffic starts getting heavier and heavier on UK roads it must not be forgotten that congestion and worries about other road users can cause stress to many motorists.
“With more traffic comes potentially more uncomfortable driving situations, such as being stuck in a traffic jam for a lengthy period or simply being surrounded by extra vehicles.”
Meanwhile, other current top driving stresses due to heavier traffic include being able to get to the end location on time and returning to long car journeys.
Neil added: “All drivers should give due care and consideration to their fellow motorists now that more-and-more of us are once again getting behind the wheel.”
Top driving stresses as traffic gets heavier – ranked most to least mentioned:
This is valid as of 16th June 2021.
Driving is a large cause of work accidents and something that can be easily prevented. Small things such as removing distractions and limiting fatigue can reduce driving accidents. To find out more about how to combat this, download our directors briefing. A new workers’ watchdog is to be created to protect the rights of UK workers the government has confirmed.
Responsibility for tackling modern slavery, enforcing the minimum wage and protecting agency workers – currently spread across three different bodies – will be brought under one roof, creating a comprehensive new authority, aimed to ensure businesses that break the rules have nowhere to hide.
This ‘one-stop shop’ approach will help improve enforcement through better co-ordination and pooling intelligence, the government has said.
The new watchdog will also enhance workers’ rights by providing a single, recognisable port of call for workers so they know their rights and can blow the whistle on bad behaviour.
The body will support businesses to do the right thing by their employees by providing guidance on their obligations to staff. Meanwhile, increased enforcement will make sure good businesses aren’t undercut by unscrupulous rival employers who aren’t paying or treating their workers correctly.
Protection
As well as enforcing all existing powers belonging to the three agencies, the new body will have a new ability to ensure vulnerable workers get the holiday pay and statutory sick pay they are entitled to – without having to go through a lengthy employment tribunal process.
Business Minister Paul Scully said: “This government has been absolutely clear that we will do whatever we can to protect and enhance workers’ rights.
“The vast majority of businesses want to do right by their staff, but there are a minority who seem to think the law doesn’t apply to them. Exploitative practices like modern slavery have no place in society.
“This new workers’ watchdog will help us crack down on any abuses of workers’ rights and take action against companies that turn a blind eye to abuses in their supply chains, while providing a one-stop shop for employees and businesses wanting to understand their rights and obligations.”
The plans, confirmed in a consultation response come as part of the government’s wider efforts to protect workers’ rights.
The government’s plans will see the Gangmasters and Labour Abuse Authority, the Employment Agency Standards Inspectorate and HMRC’s National Minimum Wage Enforcement combined to create a single enforcement body.
The new body will continue the successful Naming and Shaming scheme, which calls out companies who fail to pay workers what they are owed and can hit rogue employers with fines of up to £20,000 per worker. This enforcement activity will be extended to cover other regulations protecting the pay of workers employed through agencies or by gangmasters in the agricultural sector.
To help businesses understand the rules, the new body will provide guidance on best practice, complementing the work already carried out by existing authorities such as the Advisory, Conciliation and Arbitration Service (Acas). It will seek to build strong links with community and worker groups to spread awareness and support engagement with at-risk groups, including the low-paid and those in sectors like construction and agriculture that could be at higher risk of abuse.
The government says it will also explore further measures to target abuses in the garment sector specifically, following reports of serious problems in the industry. Options being examined include creating a Garment Trade Adjudicator to investigate companies’ supply chains or extending the licencing scheme that currently covers employers in the agricultural sector. Under the scheme, businesses who provide workers for agriculture and the fresh produce supply chain must apply for a license to operate in the sectors and are subject to inspections to ensure they meet employment standards required by law.
If brands’ behaviour doesn’t improve, the government has warned it could introduce harsher measures, including bans on goods made in factories where workers have been underpaid.
The new enforcement body will be established through primary legislation when parliamentary time allows.
This is valid as of 14th June 2021.
Kepak Group Limited (formally 2 Sisters Red Meat Limited), has been fined after a worker was seriously injured following a workplace transport incident.
On 17 February 2017, an employee of a contractor that had a permanent presence on the Kepak’s Merthyr Tydfil site, was struck by a forklift truck (FLT) when he was walking along the internal roadway at the back yard end of the site. He was struck from behind by the FLT and trapped beneath the metal container it was carrying. He was dragged along the ground and received multiple serious and life changing injuries, including the loss of a leg.
The HSE’s investigation found that the company’s workplace transport risk assessment did not ensure that suitable and sufficient traffic management arrangements, including pedestrian and vehicle segregation, were in place. The premises were operated by 2 Sisters Red Meat Limited at the time that the incident occurred. This company name was changed to Kepak Group Limited in July 2018.
Kepak Group Limited, of Cookston Road, Portlethen, Aberdeen, pleaded guilty to breaching Regulation 4 of the Workplace (Health, Safety and Welfare) Regulations 1992 and has been fined £600,000 and ordered to pay costs of £ £38,183.
Speaking after the hearing, HSE inspector Rhys Hughes said: “This was a tragic and wholly avoidable incident, caused by the failure of the host company to undertake and implement an adequate risk assessment and ensure a safe system of work was in place“.
“This risk was further amplified by the company’s failure to implement a number of simple safety measures including separation and segregation of vehicles and pedestrians.”
This is valid as of 11th June 2021.
What you’ll get: A company director has been fined for safety breaches after a 17-year-old worker fell from a mezzanine floor to the ground below.
On 28 February 2019, the worker and two others were building the mezzanine floor at a site in Neepsend Lane, Sheffield. The injured person stepped on to a loose board and fell 2.8 metres to the ground below. He suffered cuts and bruises.
Investigating, the HSE found that safety nets had not been put in place before boarding commenced. No other fall from height protection was present to prevent or mitigate falls through the mezzanine floor.
Wayne McKnight (trading as RJE Construction) Park Crescent, Sunningdale, Ascot, Berkshire pleaded guilty to breaching Regulation 6 (3) of the Work at Height Regulations 2015. Mr McKnight was fined £500 and ordered to pay costs of £1,300
After the hearing, HSE inspector Sarah Robinson commented: “Falls from height often result in life-changing or fatal injuries, which thankfully did not eventuate here. In most cases, these incidents are needless and could be prevented by properly planning the work to ensure that effective preventative and protective measures are in place.
“This incident could have easily been prevented if the company had installed safety nets prior to work starting on the mezzanine.”
This is valid as of 10th June 2021.
Three months after Transport for London (TfL) launched the direct vision standard for lorries across London, new figures show how fleets are adhering to the rules.
TfL’s direct vision standard scheme requires operators of HGVs weighing more than 12 tonnes to apply for a free permit that assigns vehicles a star rating based on how much the driver can see directly through their cab windows in order to be able to drive in London.
It is now operating 24 hours a day, seven days a week and is enforced on all roads in London. Permits are electronic and enforced by Automatic Number Plate Recognition (ANPR) cameras. Those without a permit face a penalty charge notice (PCN) of up to £550.
Since March TfL says that around 7,000 PCNs have been issued.
Improving safety
TfL enforcement officers also carry out roadside inspections to check that HGVs are safe and safety measures are in place, resulting in some permits being revoked.
Overall, 136,000 safety permits have been issued to date and almost 70,000 HGVs have been fitted with the safety measures aimed at protecting people walking and cycling.
Christina Calderato, head of transport strategy and planning for TfL, said that in just a few months the direct vision standard had helped to “dramatically improve” the safety of lorries and save lives.
“We want to thank all of the freight operators who have led the way in ensuring they only operate the safest lorries in London and across the UK and we would like to encourage any freight operators who haven’t yet applied for a safety permit to do so,” she said.
“The safety permits are just the first step in our aim to ensure that families don’t experience the tragedy of preventable road collisions involving HGVs and we will be strengthening our life-saving direct vision standards in 2024.”
Introduced with the support of London Councils, the direct vision standard (DVS) forms part of the Mayor of London’s Vision Zero plan to eliminate all death and serious injuries from London’s streets by 2041.
HGVs rated 1 to 5 stars received their free safety permit automatically upon application. The operators of lorries rated 0-star HGVs operating in London are required to fit safe systems including:
Several freight operators including Suez Recycling and Recovery and FM Conway and major projects such as Tideway have introduced 5-star vehicles to London, which provide high levels of direct vision and are the most effective at reducing tragic road deaths and serious injuries.
TfL is working with the EU and other cities to mandate direct vision in vehicle design and safety regulations.
The DVS and Safety Permit scheme is progressive and the standards will tighten in October 2024 when the minimum DVS star rating will be 3-stars and above.
All HGVs below 3-stars will need to feature a progressive safe system that takes into account any additional technology or safety equipment not currently available.
Around 150,000 HGVs enter London each year. The Mayor and TfL want to cut the number of HGVs and vans entering central London in the morning peak by 10% by 2026.
This is valid as of 9th June 2021.
The government’s human rights watchdog has suggested it would be reasonable for care homes to make Covid-19 vaccinations compulsory for staff, which could pave the way for the Whitehall to introduce new legislation for people in certain professions.
In its response to a consultation on whether vaccines should be mandatory in care settings, the Equality and Human Rights Commission (EHRC) said a “proportionate approach” to requiring Covid-19 jabs for care home staff could “help ease restrictions and allow them to perform their jobs safely, and residents to live more independently”.
It said: “In legislating for mandatory vaccination the government is right to prioritise protection of the right to life for residents and staff.
“In our view it is therefore reasonable to require care home staff to be vaccinated in order to work directly with older and disabled people, subject to some important safeguards to ensure the requirement remains proportionate and to minimise the risk of unlawful discrimination or breaches of care workers’ human rights.”
If the government was to take forward plans for mandatory vaccinations among care home staff, the EHRC said it should take steps to remove the risk of indirect discrimination for workers who are unable to have the vaccine for medical reasons; ensure access to jabs is easy for all workers; and make sure there is no financial detriment resulting from having to be vaccinated, such as loss of pay if they suffer side effects and need to take time off work.
It added that any legislation should have a “sunset clause” – a date at which the requirement would cease – and should be reviewed regularly to ensure it remains proportionate. Clear guidance should also be provided to employers.
A spokesperson for the EHRC said: “Requiring care home staff to be vaccinated offers a way of protecting older residents who are most at risk of severe illness and death due to Covid-19. This would support their right to a private and family life, to health, to live independently, as well as reducing the risk to workers.
“Any requirements should be implemented proportionately with exemptions for the small number of people who cannot be vaccinated for medical reasons. Mandatory vaccination it is not a new idea, as some NHS trusts do require staff to have hepatitis B vaccines.”
The government has also been exploring the introduction of a similar requirement for health workers, with vaccines minister Nadhim Zahawi having suggested that it would be irresponsible not to consider compulsory jabs for NHS staff.
He told Trevor Phillips on Sunday: “It would be incumbent on any responsible government to have the debate, to do the thinking as to how we go about protecting the most vulnerable by making sure that those who look after them are vaccinated.
“There is precedent for this – obviously surgeons get vaccinated for hepatitis B. So, it’s something we are absolutely thinking about.”
Labour MP Thangam Debbonaire suggested that “threatening” NHS staff would be less effective than encouraging those that had doubts about getting vaccinated.
“Given we have got a recruitment crisis in parts of the NHS, I think it’s far more important we try and work with staff rather than against them,” she said.
So-called “no jab, no job” policies for new starters have been explored by several care home operators. Care UK, one of the UK’s largest operators, has been asking all candidates at the application and interview stage whether they have had, or would be willing to have, the vaccine, while Barchester Healthcare said it would not hire staff who refuse to have a jab.
This is valid as of 8th June 2021.
The "New Normal" has been a hard adjustment for us all and forced us into new situations. If you notice that some of your employees are struggling but don't know where to start, then watch our free webinar. Our speakers will provide you with some key action points that you can use that not only help in the short-term but will be beneficial in the future. Harlands Builders Limited has been fined for safety breaches after a ground worker was trapped having entered a two-metre-deep excavation.
On 26 June 2019, the company was undertaking groundworks at West Farm Stone, Creek Sunk Island, East Riding. The worker had entered an excavation in order to measure the depth when part of it collapsed on him.
The HSE’s investigation found that the excavation had three sheer unsupported sides and was not battered back. The worker was trapped by the collapse and sustained a broken tibia and fibula on his left leg. Other workers were also put at risk as they went into the excavation to free the trapped man.
Harlands Builders Limited of Medina House, Station Avenue Bridlington, East Yorkshire pleaded guilty to breaching Regulation 22 (1) of the Construction Design Management Regulations 2015. The company has been fined £12,000 and ordered to pay costs of £1,139.
Speaking after the hearing, HSE inspector Sarah Robinson, said: “The excavation should have been supported or battered back, and no individuals should have been asked to go into the excavation whilst it was unsafe.
“This incident could have led to the death of the worker. The case highlights the importance of identifying and following any risk assessment that was set in place.”
This is valid as of 7th June 2021.
What you’ll get: Food manufacturer, Young’s Seafood Limited, has been fined after a worker was trapped by a mixing machine.
On 16 October 2017, the 59-year-old worker was creating the mix for fish cakes at the company’s Humberstone Road factory in Grimsby. At the end of a mix run he went to clear the mix from the machine, lifting an interlocked guard that should have stopped the machine from running. He put his hand into the machine without realising it was still running and the augur caught his hand and drew his arm in up to the elbow.
The worker managed to free himself from the augur but in removing his arm, his thumb and two of his fingers were severed and he suffered serious tendon damage. Following the incident doctors were unable to reattach his fingers and he has not yet been able to return to work.
Investigating, the HSE found that the machine continued to run when the safety guard was lifted and failed to respond when the emergency stop was pressed. The interlocking system was inadequate, and the company had failed to ensure that the machine was effectively maintained. These matters were exacerbated by poor communication between the shop floor and maintenance and an inadequate fault reporting system.
Young’s Seafood Ltd of Ross House, Wickham Road, Grimsby Lincolnshire pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc Act 1974. The company has been fined £787,500 and ordered to pay £33,443.68 in costs.
After the hearing, HSE inspector Carol Downes commented: “The life changing injuries sustained by the employee could have been prevented and the risk should have been identified. Being pro-active with preventative maintenance and good communication of faults can reduce the chance of harm.”
This is valid as of 4th June 2021.
What you’ll get: Thames Water has been fined £4 million after untreated sewage escaped from sewers below London into a park and a river.
A court heard dozens of high-priority alarms would have told staff about the incident, but were either missed or ignored, leading to pollution of a popular park, woodland and the Hogsmill River, in New Malden.
According to the Environment Agency , the sewage treatment works at Surbiton couldn’t handle the amount of sewage produced by Storm Imogen in the winter of 2016.
Sitting at Aylesbury crown court on 26 May, Judge Francis Sheridan noted Thames Water’s new commitment to improving compliance, but said that must be the norm, issuing a warning shot they will be held to this commitment in future cases.
The court heard that approximately 79 million litres of sludge escaped across an area of about 6,500 square metres. It took 30 people a day for almost a month to clean-up sludge that was ankle-deep in places.
Gary Waddup, a land and water officer for the Environment Agency in south London, said: “Like similar incidents in the past few years for which they have been prosecuted, better management overall and on the night by Thames Water could have prevented this catastrophic incident.
“It wasn’t the first time sewage had escaped from manholes due to problems at the treatment works in Surbiton. Pollution as a result from problems at the site goes back to 2001.
“The Environment Agency’s enforcement action over several years and the pressure it has put on water companies has led to £30 billion of investment by the industry in water quality. This incident shows Thames Water and the industry have a lot more to do to protect the environment.”
“Avalanche of foul waste”
Thames Water’s equipment at Hogsmill struggled under the pressure of forecast extreme weather one night five years ago. Instead of the sewage being treated, pumps failed, allowing raw effluent to back up along the sewer network, bursting out of a manhole to cover an area the size of three football pitches.
One of Thames Water’s own engineers described finding an “avalanche of foul waste” spread over Green Lane recreation ground. The sewage travelled with such force across the park and into the river, leaving thick sludge, toilet paper and wet wipes covering the riverbank, grass, shrubs and a wooded area.
Enough toilet paper to fill 2,500 refuse bags was recovered from the scene.
An investigation by the Environment Agency found things began to go wrong at the treatment plant just after midnight on 8 February 2016. The park was closed for a month during the clean-up, although some of the toilet paper swept along by the sewage was still visible in the woods months later.
A power failure triggered alarms after pumps used in the treatment of sewage stopped working. The malfunction should have been answered remotely by Thames Water staff, and an engineer sent immediately to the treatment works, which is unmanned at night.
As untreated sewage built up below ground, almost 50 warning alarms were set off over the next 5 hours. Every one was left unchecked.
It was only as dawn broke, several hours after the incident began, that a Thames Water engineer arrived at the sewage treatment works, discovering problems with sewage flow and the power supply.
With many of the pumps out of action, effluent rushed through the sewer network and out above ground, flooding the recreation area.
It took Thames Water 15 hours to report the incident to the Environment Agency, a legal requirement, and another 12 hours – by now, the morning of 9 February – before the company had any sizeable presence at the scene.
An Environment Agency investigator found a thick layer of sewage charting a course across the park and into the Hogsmill River. The water’s fast flow had flushed away any evidence before his arrival.
The Hogsmill, and the almost-continuous green corridor through which it passes, is much-loved by local people as a crucial habitat for fish and wildlife as diverse as bats, water voles and kingfishers. A local community garden is watered from the chalk stream.
Judge Francis Sheridan fined Thames Water £4 million, and ordered them to pay the Environment Agency’s costs of £84,669.
Thames Water pleaded guilty to depositing sewage waste at the recreation ground in February 2016. The court also took into consideration breach of a permit regarding that incident, and discharging into the Hogsmill River in January and October 2018, and an incident in September 2019, when sewage sludge was released from Hogsmill sewage treatment works in error.
The Environment Agency charged Thames Water under sections 33 (1) (a) and 33 (6) of the Environmental Protection Act 1990; and regulations 12 (1) (b), 38 (1) (a) and 38 (2) of the Environmental Permitting (England and Wales) Regulations 2016.
This latest conviction brings the total amount of fines given to Thames Water since 2017 to £28.4 million for 10 cases of water pollution.
This is valid as of 3rd June 2021.
If not, then we can help! We identify some of the key planned environmental changes in 2021 including the following: A third (33%) of fleet decision-makers do not have a company vehicle policy in place, despite it being a legal requirement, new research suggests.
The law requires employers to manage work-related road safety risk. For employees driving for work, this should include checking drivers’ licences, organising driver training, vehicle maintenance, and updating a company vehicle policy.
Chris Black, commercial director at LeasePlan UK, which conducted the research, says it is “important” fleet decision-makers do their due diligence.
The survey of 500 UK fleets also found that despite 85% of businesses having more staff than usual working from home in the past 12 months, one in five (22%) had not reviewed their fleet policies to take new ways of working into consideration.
It also revealed that less than half (41%) of fleet decision-makers always act on potential issues of fleet performance.
“Vehicle fleets have provided a vital safety line throughout the pandemic by helping to keep our essential workers mobile,” continued Black.
“During this time, many businesses have had to make significant changes to their fleet function, and as such, existing company fleet policies may be out of date. This naturally presents a safety risk to a company’s employees, as well as the general public, so it’s important that those operating fleet do their due diligence.”
Reducing fleet risk was highlighted as the third most important issue by businesses for their vehicle operations in 2021, according to LeasePlan. It came behind cost and becoming more sustainable.
The lease provider says managing fleet risk has the potential to impact both these first two aims if managed properly.
However, considering its research found that telematics was only being utilised by 35% of businesses that are monitoring their fleet performance, LeasePlan says that there is clearly work to be done.
Fleet decision-makers reported an average of 11.17 accidents a year involving vehicles in their fleets, with the average cost of vehicle repair after an accident coming in at over £3,800. With 29% averaging the cost of vehicle repair at £5,000 or more, LeasePlan says that there is a clear correlation between managing risk and the legal and financial ramifications on a business.
Black continued: “Whilst many businesses will manage an issue after it happens, we believe it’s imperative that those managing fleets address potential risks proactively.”
LeasePlan will soon be launching a Fleet Risk Assessment Tool, which will calculate potential risk and offer solutions to ensure businesses are fully compliant. With a focus on driver safety, LeasePlan’s risk services are aligned with SafePlan Zero; LeasePlan’s global ambition to have zero serious road injuries by 2030, it says.
This is valid as of 2nd June 2021.
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