Australia | Asbestos company and director fined $500,000 for illegal dumping
A Queensland demolition company and its director have been fined more than $500,000 for illegally dumping toxic waste, including asbestos, near residential areas.
Department of Environment, Science and Innovation (DESI) officials began investigating Asbestos Demolition Specialists in 2020.
It found large amounts of asbestos waste had been disposed of at a property south of Brisbane.
DESI’s executive director, Brad Wirth, said Asbestos Demolition Specialists did not have a licence to dump waste at its site in Eagleby, Logan, because of its proximity to vital water sources and residential properties.
DESI issued multiple notices to the business, ordering it to stop disposing and receiving waste. According to the regulator, the company repeatedly failed to comply with the requests despite multiple follow-up inspections by DESI officers.
Asbestos Demolition Specialists pleaded guilty to nine offences under the Environmental Protection Act, including five counts of contravening an environmental protection order and one count of wilfully and unlawfully causing material harm.
The Beenleigh Magistrates Court fined the company $400,000 and ordered it to pay a further $75,000 for a licence fee.
The company’s director, Anthony Palmer, pleaded guilty after failing to ensure his business complied with requirements under the Environmental Protection Act.
He was fined $100,000 and sentenced to nine months’ imprisonment, suspended for three years.
The court found the offending activities were “deliberate and extensive”, and it ordered the company and Mr. Palmer to pay more than $12,600 each in legal costs.
They were also issued a rehabilitation order to restore land impacted by the illegal dumping.
This is valid as of the 21st October 2024.
ABC News
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Canada | Alberta business fined $1 Million for unlawful deposit of effluent into the Peace River
At the Alberta Court of Justice, Mercer Peace River Pulp Ltd. (Mercer Peace River) was ordered to pay a $1 million fine after pleading guilty to one count of violating the Fisheries Act.
The charge follows an investigation by Environment and Climate Change Canada enforcement officers that determined that on 14 April 2021, Mercer Peace River deposited or permitted the deposit of 30,868,000 litres of effluent (wastewater) that was acutely lethal (toxic) to fish from its pulp mill near the Town of Peace River, Alberta, into the Peace River.
The deposit of acutely lethal effluent into fish-bearing waters violates a condition of the authorisation to deposit effluent that is set out in subsection 6(5) of the Pulp and Paper Effluent Regulations, in contravention of subsection 36(3) of the Fisheries Act.
The pulp mill operates a wastewater treatment system that treats effluent before releasing it to the Peace River. The wastewater treatment system has a spill pond designed to capture and store effluent resulting from spills or unusual operating conditions. Once in the spill pond, effluent is gradually reintroduced back into the treatment system at a controlled rate to minimise its harmful effect.
Environment and Climate Change Canada’s investigation determined that the offence occurred during a maintenance shutdown of the pulp mill. The shutdown generated waste materials from process vessels and wastewater from cleaning operations, which were directed into the spill pond. Mercer Peace River had insufficient capacity in the spill pond to capture the additional effluent. As a result, the spill pond did not function as designed. The investigation determined that the reduced capacity within the spill pond contributed to the offence. Mercer Peace River has since taken steps to increase the capacity of the spill pond by removing sludge and upgrading the associated pumping system.
The fine will be directed to the Government of Canada’s Environmental Damages Fund.
This conviction will result in the company’s name being added to the Environmental Offenders Registry. The Registry contains information on corporations’ convictions for offences committed under certain federal environmental laws.
This is valid as of the 21st October 2024.
Environment and Climate Change Canada
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How to Identify EHS Compliance Requirements for Your Industry
Environmental, Health, and Safety (EHS) compliance is essential for a successful business to protect its workforce and minimise environmental impact.
Failure to meet industry-specific regulations can lead to prosecutions, fines, legal issues, reputational damage, and even prison time.
This guide will help you identify and meet your organisation’s requirements for your industry.
Understanding Industry-Specific Regulations
The first step in EHS compliance is understanding the regulations specific to your industry. For example, the construction industry focuses on working at heights, moving vehicles, fall protection, and safety equipment.
In contrast, the chemical industry emphasises the handling and storing of hazardous materials and COSHH.
Barbour EHS can provide detailed breakdowns, plain English summaries, and overviews of legislation and regulations that help you understand whether they even apply to you for sectors like manufacturing, healthcare, and logistics.
By filtering down to what applies to your industry and familiarising yourself with these regulations, you can create a tailored compliance approach that meets your business’s unique needs and requirements.
Conducting an EHS Compliance Audit
Regular compliance audits are vital for identifying gaps in your EHS management system. A thorough audit includes reviewing your policies, procedures, and documentation to ensure they align with industry regulations.
Key Steps for Conducting an Audit:
- Identify applicable regulations and standards.
- Review existing policies and procedures.
- Inspect the workplace for potential hazards.
- Interview employees to assess their understanding of safety protocols.
- Document findings and create an action plan for improvement.
Regular audits help address issues before they lead to accidents, fines, or legal problems. Barbour EHS offers practical compliance tools, such as model policies, audit risk assessment templates and checklists, to streamline the audit process.
Staying Updated with Regulatory Changes
EHS regulations are constantly evolving, so it’s crucial to stay informed about changes that impact your industry. Not keeping up with the changing environment, health and safety legislation, and new requirements can put your business at risk of non-compliance.
Strategies to Stay Informed:
- Subscribe to industry publications and regulatory update services.
- Attend industry conferences and workshops.
- Participate in professional associations and networks.
- Utilise online resources like Barbour EHS for tools and updates on the latest EHS developments.
You can adapt your EHS management system to new requirements and maintain compliance by staying informed.
Employee Training and Awareness for Effective EHS Compliance
Effective compliance relies on your employees’ participation and commitment. Comprehensive training programmes ensure your workforce understands their roles and responsibilities in safety and compliance.
Training Initiatives:
- Online modules covering industry-specific hazards, obligations, and safety protocols.
- In-person workshops and hands-on training sessions.
- Certification programmes validate employee knowledge and skills.
- Regular refresher courses to update employees on new requirements.
Learn more about our eLearning service.
Fostering a safety and compliance culture is essential. Encourage open communication, reward safe behaviours, and lead by example to prioritise EHS compliance at all business levels. Barbour EHS provides expert insights from professionals on effective strategies for promoting a strong safety culture. We also offer ready-made, downloadable and editable training materials, including toolbox talks, employee factsheets and director’s briefings.
Utilising EHS Management Systems
As EHS compliance becomes increasingly complex, many organisations use technology to streamline their management processes. Integrated EHS management systems provide a centralised platform for tracking compliance activities, managing documentation, and reporting incidents.
Benefits of EHS Management Systems:
- Automated tracking of compliance tasks and deadlines
- Centralised document storage for easy retrieval
- Streamlined incident reporting and investigation
- Enhanced data analytics and performance monitoring
For businesses looking to implement a robust EHS management system, VinciWorks offers comprehensive solutions designed to optimise EHS processes, reduce errors, and improve compliance performance.
Expert Support and Resources for EHS Compliance
Navigating EHS compliance complexities can be overwhelming, especially for businesses with limited in-house expertise. Seeking guidance from EHS professionals can provide valuable insights and support to meet your compliance obligations.
Resources like Barbour EHS offer expert advice and support from experienced practitioners. By leveraging their knowledge and best practices, you can develop a robust EHS management system tailored to your industry and business needs. Barbour EHS can share real-life case studies of companies that have successfully navigated EHS compliance challenges using their services and resources.
Moving Forward with Confidence
Identifying and meeting compliance requirements is an ongoing process that requires commitment, diligence, and continuous improvement. By understanding industry-specific regulations, conducting regular audits, staying informed about changes, training employees, utilising management systems, and seeking expert support, you can create a strong foundation for EHS compliance.
Prioritising EHS is a legal obligation and crucial for protecting your employees, business, and the environment. By proactively identifying and meeting your industry’s requirements, you can minimise risks, improve safety outcomes, and build a thriving, compliant organisation.
Frequently Asked Questions About EHS Compliance for Your Industry
What is EHS compliance, and why is it essential for businesses?
EHS compliance refers to Environmental, Health, and Safety regulations specific to a business or industry. It ensures that a company follows legal guidelines to protect employees, the public, and the environment. It is crucial because failing to meet these standards can result in fines, legal action, accidents, and reputational damage.
What are the key steps in conducting an EHS compliance audit?
An EHS audit involves several steps:
- Identify applicable industry regulations.
- Review current safety policies and procedures.
- Inspect your workplace for hazards.
- Interview employees to gauge their understanding of safety protocols.
- Document findings and develop an action plan.
- Regular audits help you stay compliant and address issues before they lead to accidents or penalties.
How can businesses stay updated on changes in EHS compliance & regulations?
Staying updated on EHS regulation changes is critical for ongoing compliance. Businesses can subscribe to industry publications, attend conferences, participate in professional networks, and use platforms like Barbour EHS, which offer regular updates and tools to track regulatory changes specific to their industry.
How does employee training help with EHS compliance?
Employee training is essential for EHS as it ensures your workforce understands their roles and responsibilities regarding safety and regulatory standards. Training programs, such as online modules, in-person workshops, and certification courses, help employees stay informed about industry-specific hazards and best practices, reducing the risk of accidents and ensuring a safer work environment.
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Managing Bullying and Harassment at Work: Expert Insights on Prevention & Action
Bullying and harassment continue to be a significant issue in the workplace, with the Trades Union Congress (TUC) reporting that nearly a third of people have been bullied at work. The shift to hybrid working during the COVID-19 pandemic has created additional challenges in managing and supporting teams effectively.
In our recent webinar, an expert panel delved into the complexities of preventing and tackling workplace bullying and harassment. Our speakers included:
✓ James Tamm, Director of Legal Services at WorkNest
✓ Annabelle Carey, Head of Organisational Development Services at WorkNest
✓ Heather Beach, Founder and Director of The Healthy Work Company
✓ Alexis Powell-Howard, Managing Director of Fortis Therapy & Training
The discussion covered key topics such as identifying bullying behaviours, understanding root causes, supporting affected employees, and mitigating legal risks for employers. Here are some of the crucial takeaways:
Identifying different types of workplace bullying and harassment
While there’s no legal definition of bullying in the UK, most forms fit the definition of harassment under the Equality Act.
This includes unwanted conduct related to a protected characteristic that violates the victim’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
Bullying can be overt, like name-calling or physical intimidation, or covert, such as undermining behaviour or tone of voice.
The latter can be particularly challenging to identify and address.
Understanding the root causes of workplace bullying and harassment
Several common factors contribute to bullying behaviour:
- Lack of self-awareness and emotional intelligence
- Insecurity and lack of confidence in managing people
- Inadequate training, especially for those promoted based on job performance rather than people skills
Managers need support to adapt their communication style, handle conflict effectively, and understand the impact of their behaviour on others.
Creating a ‘speak up’ culture
Employees often fear repercussions or feel their concerns about bullying won’t be taken seriously. Building a culture where people feel safe to come forward is crucial. This starts with senior leaders role-modelling inclusive behaviours and clarifying that bullying is unacceptable.
Other strategies include:
- Regularly communicating policies and procedures
- Providing multiple channels for reporting concerns
- Using tools like staff surveys to surface issues and start conversations
Legal protection for employers against workplace bullying and harassment
Under the Equality Act, employers can be liable for bullying and harassment related to protected characteristics.
To defend a claim, you need to show you’ve taken all reasonable steps to prevent such behaviour, such as:
✓ Implementing clear and well-communicated policies
✓ Providing regular training for staff and managers
✓ Dealing with complaints fairly and effectively
✓ Keeping thorough records and learning from past incidents
Supporting employees affected by workplace bullying and harassment
The impact of bullying on mental health and wellbeing can be devastating. Employers should provide support to help affected individuals rebuild their confidence and resilience, such as:
- Access to therapy or coaching
- Adjustments to working arrangements where needed
- Regular check-ins and ongoing support
Tackling bullying at the top
Dealing with bullying by senior leaders, particularly CEOs, is one of the most challenging situations. It requires a robust and proactive board and often benefits from external, impartial investigators to ensure a fair process.
The way forward
A holistic approach to creating a positive, inclusive culture is vital to preventing bullying and harassment. This means:
📌 Equipping managers with the skills to role-model inclusive behaviours and handle concerns effectively
📌 Empowering all employees to speak up and challenge unacceptable behaviour
📌 Implementing robust policies and procedures for reporting and investigating incidents
📌 Providing support for affected individuals and creating a culture of respect and psychological safety
By investing in a comprehensive, ongoing approach, organisations can build workplaces where everyone feels valued, supported, and able to thrive.
🎥 Watch the full webinar on demand.
✉️ Want to find out more? Take a look and see how our Mental Health & Wellbeing library will empower you to support your team.
Frequently asked questions about workplace bullying and harassment
What is considered workplace bullying and harassment?
Workplace bullying and harassment include unwanted behaviours such as verbal abuse, intimidation, exclusion, and offensive remarks. While bullying may not always be illegal, harassment related to a protected characteristic (such as age, race, or gender) is prohibited under the Equality Act 2010 in the UK. Identifying these behaviours early is critical to creating a respectful work environment.
How can employers prevent bullying and harassment in the workplace?
Employers can prevent bullying and harassment by implementing clear anti-bullying policies, providing regular training for managers and employees, promoting a culture of respect, and offering multiple reporting channels for incidents. Regular employee surveys can also help identify issues before they escalate.
What are the legal risks for employers regarding workplace bullying?
Employers face legal risks if they fail to prevent bullying or harassment tied to protected characteristics under the Equality Act. Employers can be liable if they don’t take reasonable steps to prevent such behaviour, including enforcing policies, offering training, and addressing complaints fairly.
How should managers support employees affected by bullying or harassment?
Managers should offer support by listening to employees’ concerns, providing access to counselling or mental health services, making necessary adjustments to working arrangements, and conducting fair investigations. Creating a safe and open environment helps employees feel comfortable reporting incidents.
What are the common signs of workplace bullying and harassment?
Common signs of workplace bullying and harassment include employees being undermined, excluded, or belittled, frequent conflicts or raised voices, and noticeable changes in employee mood or productivity. Covert bullying, such as passive-aggressive behaviour or tone, can be harder to identify but equally damaging.
This is valid as of the 23rd September 2024.
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A bright future for Barbour EHS as part of Inflexion
In February 2024, we announced that Marlowe plc had agreed to sell Barbour EHS, William Martin, Elogs and Prosure360 to Inflexion, a leading investment firm. Now that this has received regulatory approval, we wanted to let you know what happens next.
As a customer of Barbour EHS, what does this mean for me?
Everything is business as usual. The service you receive from us, your existing contractual arrangements, and the teams you deal with will remain the same.
The future of Barbour EHS
We have a bright future ahead of us. Our recent business performance has been strong, and with Inflexion’s backing, we are excited to continue investing and developing our leading software platforms, as well as providing our clients with the fantastic service they know and love.
Teresa Dier, Managing Director of Barbour EHS, said: “The last few years have been exciting for Barbour EHS’s clients. We’ve seen great investments in replatforming our products, which will be released at the end of this year. We’ve also seen our teams expand significantly, and we’re excited to see where we go next with Inflexion’s support.”
Beatriz Shorrock, Chief Executive of The SRC Group said: “Barbour EHS, William Martin, Prosure360 and Elogs are in a highly successful period of business growth and technology advancement, especially with the continued integration of our brands and products. With Inflexion’s backing, we can continue to accelerate these plans and invest in our valued clients by delivering best in class products and services, that just keep getting better.”
✉️ If you have any questions, feel free to drop an email to enquiries@barbour-ehs.com.
Firm fined £120k after builders lifted in digger’s bucket
A building firm has been fined for a catalogue of health and safety failings that included two builders being lifted into the air by a raised excavator bucket.
A photograph caught the moment a pair of workers stood in the bucket of a digger to fit a stone into the top of a new home in Littleborough, Greater Manchester.
It was one of a number of health and safety failings found during construction work at The Villas development on Starring Road in Littleborough.
HSE inspectors visited the housing development on 7 July 2021 and issued Hoyle Developments Limited, the site’s principal contractor, with a Prohibition Notice for inadequate scaffolding and Improvement Notices for a lack of welfare facilities and insecure fencing.
HSE inspectors had visited the same housing development site four times between November 2018 and August 2021. Repeated breaches were found including a lack of sufficient welfare, unsuitable controls for work at height and inadequate protection from silica dust exposure. Hoyle Developments Limited was served with multiple Notifications of Contraventions, Prohibition Notices and Improvement Notices.
Hoyle Developments Limited, of Edenfield Road, Rochdale pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work etc. Act 1974. The company was fined £120,000 and ordered to pay £3,165.15 in costs.
HSE inspector Mike Lisle said: “This proactive prosecution demonstrates that HSE will not hesitate to take proactive enforcement action against those that continuously fall below the required standards and demonstrate persistent poor health and safety. Health and safety should be an integral part of any business, not an afterthought, and having a clear health and safety policy and construction phase plan in place, before work commences, can assist with ensuring this.”
This is valid as of 6th February 2023.
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Making flexible working the default – government response to consultation
The government has published its response to a consultation that ran between July and September this year on proposals to reform flexible working regulations. This consultation confirms the government’s intention to introduce changes to the right to request flexible working legislation.
This right currently supports all employees with 26 weeks continuous service to make applications to change their work location, working hours and/or working pattern.
The response states that the government will take forward the following measures:
• Make the right to request flexible working a day one right.
• Introduce a new requirement for employees to consult with the employee when they intend to reject their flexible working request.
• Allow 2 statutory requests in any 12-month period (rather than the current one).
• Require a decision period of 2 months in respect of a statutory flexible working request (rather than the current three).
• Remove the existing requirement that the employee must explain what effect, if any, the change applied for would have on the employer and how that effect might be dealt with.
The response also commits to:
• Developing guidance to raise awareness and understanding of how to make and administer temporary requests for flexible working.
• Launching a call for evidence to better understand how informal flexible working operates in practice.
The document includes a summary of the responses received from individuals and stakeholders. The proposed changes to the right to request flexible working received broad support across the range of respondents, including individuals, businesses, charities, and trade unions.
The government says that it recognises that there is no one-size-fits-all approach to work arrangements and has been clear that the legislation should remain a ‘right to request’, not a ‘right to have’. The priority is to set the right conditions to allow employees and employers to explore the available options in their particular context.
Responses
There was a total of 1,611 responses received to this consultation. The majority of respondents were individuals – 1,342 in total (83%). In terms of responses from business, government received:
• 56 from large businesses.
• 25 from medium businesses.
• 14 from small businesses.
• 19 from micro businesses.
• 30 from business representative organisations.
The other main sub-groups were:
• Charities or campaign groups.
• Academics, think tanks or advisory groups.
• Consultancies or professional bodies.
This is valid as of 12th November 2022.
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Every school will have a life-saving defibrillator by 2022/2023
State-funded schools across England will receive defibrillators under new government plans to make sure there is a device in every school, boosting their numbers in communities across the country.
Defibrillators have the potential to save the lives of pupils, staff, and visitors in schools, with latest research showing that accessing these devices within 3-5 minutes of a cardiac arrest increases the chance of survival by over 40%.
The announcement comes after the government first committed last year to look at how to achieve a defibrillator on every school site, following a meeting with the Oliver King Foundation, supported by ex-footballer Jamie Carragher, which has worked to raise awareness of this issue.
A survey will soon go out to all state-funded schools to finalise the number of devices that will need to be procured, which is estimated to be over 20,000. The government has committed to funding all necessary devices so that every school has at least one on-site, or more for schools with larger sites.
The rollout will build on existing requirements for schools to teach first aid as part of the curriculum, with secondary school pupils being taught life-saving methods such as CPR and the purpose of defibrillators.
Education Secretary James Cleverly said: “Access to funding must not stand in the way of every school having on-site access to a life-saving defibrillator. The evidence clearly shows that defibrillators drastically increase the chance of survival from a cardiac arrest, and it’s particularly important that they are available close to sports halls and playing fields that children, young people, and the wider community use on a daily basis.”
Further details of the rollout and device specification are set to be confirmed in the autumn term.
This is valid as of 3rd August 2022.
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Firework importer sentenced for safety failures
An imports company has been fined £39,000 by a court after fireworks wrongly labelled with a safety mark were found on sale in Scarborough.
North Yorkshire Trading Standards officers conducted the prosecution against a Chester-based company, Fast Line Imports Limited, which pleaded guilty to three offences under the Pyrotechnic Articles (Safety) Regulations 2015 Act.
In addition to the fine, the company also faces costs of £2,245.
The CE mark is used to confirm that goods comply with safety regulations.
Trading standards officers submitted the ‘throwdown’ type fireworks for tests after they were seized in Scarborough, and those checks confirmed they contained an unknown explosive ingredient, not the one listed on the label, and also exceeded noise limits.
The company had failed to follow a conformity assessment procedure to show the product was safe before they sold it, which is require in law.
Despite that, the product was marked with the CE safety mark, which should only be applied once the conformity assessment procedure has been passed.
Trading standards officers issued a suspension notice preventing the product from being sold or supplied but the company failed to tell officers which wholesalers it had previously distributed the product to, meaning a complete withdrawal from sale could not happen.
Magistrates who heard the case said: “It beggars belief that you failed to co-operate with trading standards.”
They also considered that the product “presented a significant risk”.
Executive member for trading standards, Cllr Derek Bastiman, said: “A business that imports fireworks into the UK bears responsibility for ensuring that they are safe and meet safety and labelling standards.
“This company did not complete the appropriate steps to check the throwdowns were safe and then failed to assist the council’s officers in removing the product from the market.
“This is disappointing and irresponsible and the court recognised that in the sentence it passed.”
This is valid as of 7th July 2022.
An imports company has been fined £39,000 by a court after fireworks wrongly labelled with a safety mark were found on sale in Scarborough.
North Yorkshire Trading Standards officers conducted the prosecution against a Chester-based company, Fast Line Imports Limited, which pleaded guilty to three offences under the Pyrotechnic Articles (Safety) Regulations 2015 Act. In addition to the fine, the company also faces costs of £2,245. The CE mark is used to confirm that goods comply with safety regulations. Trading standards officers submitted the ‘throwdown’ type fireworks for tests after they were seized in Scarborough, and those checks confirmed they contained an unknown explosive ingredient, not the one listed on the label, and also exceeded noise limits. The company had failed to follow a conformity assessment procedure to show the product was safe before they sold it, which is require in law. Despite that, the product was marked with the CE safety mark, which should only be applied once the conformity assessment procedure has been passed. Trading standards officers issued a suspension notice preventing the product from being sold or supplied but the company failed to tell officers which wholesalers it had previously distributed the product to, meaning a complete withdrawal from sale could not happen. Magistrates who heard the case said: “It beggars belief that you failed to co-operate with trading standards.” They also considered that the product “presented a significant risk”. Executive member for trading standards, Cllr Derek Bastiman, said: “A business that imports fireworks into the UK bears responsibility for ensuring that they are safe and meet safety and labelling standards. “This company did not complete the appropriate steps to check the throwdowns were safe and then failed to assist the council’s officers in removing the product from the market. “This is disappointing and irresponsible and the court recognised that in the sentence it passed.” This is valid as of 7th July 2022.
Croydon tram crash: TfL to admit to failings over fatal derailment
Transport for London (TfL) has indicated it will plead guilty to health and safety failings over the Croydon tram crash.
Seven passengers died and 61 were injured when a tram derailed in south London on 9 November 2016. Driver Alfred Dorris, 48, of Beckenham, also appeared at the recent hearing at Croydon Magistrates’ Court (10 June).
He indicated a not guilty plea to an allegation of failing as an employee to take reasonable care of passengers.
The crash resulted in the deaths of Dane Chinnery, 19, Philip Logan, 52, Philip Seary, 57, Dorota Rynkiewicz, 35, and Robert Huxley, 63, all from New Addington, and Mark Smith, 35, and Donald Collett, 62, who were both from Croydon.
Nineteen of the 61 people hurt in the derailment suffered serious injuries.
Prosecutions against TfL, Mr Dorris and Tram Operations Limited (TOL) are being brought by regulator the Office of Rail and Road (ORR). TOL also indicated it will plead guilty to health and safety failings.
District Judge Nigel Dean released Mr Dorris on unconditional bail ahead of the next hearing at Croydon Crown Court on 8 July.
Following the hearing, TfL said its indication of a guilty plea would enable court proceedings to “come to a conclusion as promptly as possible”.
Andy Lord, TfL’s chief operating officer, said: “The Sandilands tragedy will never be forgotten and our thoughts remain with everyone affected.
“We have worked closely with the Rail Accident Investigation Branch (RAIB) and the ORR since November 2016 to introduce a new safety regime and implement all the recommendations from the organisations across the tram network.
“This has made the network safer for everyone and we continue to work tirelessly to ensure that such a tragedy could never occur again.”
Chief inspector of railways, Ian Prosser, explained the ORR had conducted an “extensive, detailed and thorough investigation” into the crash.
“The matter has now been sent to the Crown Court for a pre-trial hearing to case manage and list future hearings,” he said.
This is valid as of 21st June 2022.
Transport for London (TfL) has indicated it will plead guilty to health and safety failings over the Croydon tram crash.
Seven passengers died and 61 were injured when a tram derailed in south London on 9 November 2016. Driver Alfred Dorris, 48, of Beckenham, also appeared at the recent hearing at Croydon Magistrates' Court (10 June). He indicated a not guilty plea to an allegation of failing as an employee to take reasonable care of passengers. The crash resulted in the deaths of Dane Chinnery, 19, Philip Logan, 52, Philip Seary, 57, Dorota Rynkiewicz, 35, and Robert Huxley, 63, all from New Addington, and Mark Smith, 35, and Donald Collett, 62, who were both from Croydon. Nineteen of the 61 people hurt in the derailment suffered serious injuries. Prosecutions against TfL, Mr Dorris and Tram Operations Limited (TOL) are being brought by regulator the Office of Rail and Road (ORR). TOL also indicated it will plead guilty to health and safety failings. District Judge Nigel Dean released Mr Dorris on unconditional bail ahead of the next hearing at Croydon Crown Court on 8 July. Following the hearing, TfL said its indication of a guilty plea would enable court proceedings to “come to a conclusion as promptly as possible”. Andy Lord, TfL's chief operating officer, said: “The Sandilands tragedy will never be forgotten and our thoughts remain with everyone affected. “We have worked closely with the Rail Accident Investigation Branch (RAIB) and the ORR since November 2016 to introduce a new safety regime and implement all the recommendations from the organisations across the tram network. “This has made the network safer for everyone and we continue to work tirelessly to ensure that such a tragedy could never occur again.” Chief inspector of railways, Ian Prosser, explained the ORR had conducted an “extensive, detailed and thorough investigation” into the crash. “The matter has now been sent to the Crown Court for a pre-trial hearing to case manage and list future hearings,” he said. This is valid as of 21st June 2022.
Transport company fined £850,000 for failings that led to man’s death
A Leeds-based company has been fined £850,000 after an employee sustained fatal injuries while undergoing training.
Hermes Parcelnet Limited pled guilty to health and safety breaches committed between 1 August 2018 and 19 March 2019 at Hamilton Sheriff Court.
The court heard that at around 10.15pm on 19 March 2019 at the company’s Eurocentral depot, David Kennedy sustained crush injuries while undergoing training on the operation of a trailer mover.
Mr. Kennedy was struck in the chest by the tiller head of the mover and pinned against a stationary trailer while using it to reposition a laden articulated trailer within the depot yard.
The 43-year-old was taken to hospital but died of his injuries two days later.
The HSE investigation found that the company failed to ensure that their in-house trainer at Eurocentral was given enough instruction on how training should be delivered. No one on-site monitored whether the appropriate training was taking place.
The company’s training plan set out that towing a trailer should not take place until the second hour of the training. Mr. Kennedy started his practical training around 30 minutes before the incident occurred. ln that time he was already involved in moving a laden trailer with the mover.
The company also failed to ensure that the trainer used two trained banksmen at all relevant times in the course of training. The trainer was at times in a position where it is unlikely that he would have been able to see and correct any mistakes.
Soon after the incident, the company removed all trailer movers from service across its UK sites.
Alistair Duncan, Head of the Health and Safety Investigation Unit of the Crown Office and Procurator Fiscal Service, said: “David Kennedy lost his life in circumstances which were foreseeable and entirely avoidable. By failing to identify the risks arising from providing training to employees in the operation of a trailer mover Hermes Parcelnet Limited put their employees at unacceptable risk.
“This prosecution should remind other employers that failing to keep their employees safe can have fatal consequences and they will be held accountable for this failure. Our thoughts are with Mr Kennedy’s family at this difficult time.”
This is valid as of 20th June 2022.
A Leeds-based company has been fined £850,000 after an employee sustained fatal injuries while undergoing training.
Hermes Parcelnet Limited pled guilty to health and safety breaches committed between 1 August 2018 and 19 March 2019 at Hamilton Sheriff Court. The court heard that at around 10.15pm on 19 March 2019 at the company’s Eurocentral depot, David Kennedy sustained crush injuries while undergoing training on the operation of a trailer mover. Mr. Kennedy was struck in the chest by the tiller head of the mover and pinned against a stationary trailer while using it to reposition a laden articulated trailer within the depot yard. The 43-year-old was taken to hospital but died of his injuries two days later. The HSE investigation found that the company failed to ensure that their in-house trainer at Eurocentral was given enough instruction on how training should be delivered. No one on-site monitored whether the appropriate training was taking place. The company’s training plan set out that towing a trailer should not take place until the second hour of the training. Mr. Kennedy started his practical training around 30 minutes before the incident occurred. ln that time he was already involved in moving a laden trailer with the mover. The company also failed to ensure that the trainer used two trained banksmen at all relevant times in the course of training. The trainer was at times in a position where it is unlikely that he would have been able to see and correct any mistakes. Soon after the incident, the company removed all trailer movers from service across its UK sites. Alistair Duncan, Head of the Health and Safety Investigation Unit of the Crown Office and Procurator Fiscal Service, said: “David Kennedy lost his life in circumstances which were foreseeable and entirely avoidable. By failing to identify the risks arising from providing training to employees in the operation of a trailer mover Hermes Parcelnet Limited put their employees at unacceptable risk. “This prosecution should remind other employers that failing to keep their employees safe can have fatal consequences and they will be held accountable for this failure. Our thoughts are with Mr Kennedy’s family at this difficult time.” This is valid as of 20th June 2022.
Letting company and its director fined for gas safety failings
A letting agent company and its director have been fined for failing to carry out essential safety checks on gas appliances in their rental property.
The landlord, Belleview Property Limited (Belleview), failed to carry out the annual gas safety check at their rental property in Colchester, Essex. Belleview were served with an Improvement Notice requiring the checks to be carried out, but they failed to do within the specified timeframe.
They also failed to provide details of the tenancy agreement when requested to do so by a HSE inspector using her powers under Section 20 of the Health and Safety at Work etc Act 1974. The investigation found that Belleview’s failures were committed with the consent of, or were attributable to neglect on the part of, Adrian Ellis, as the sole director of Belleview.
Adrian Ellis had previously been prosecuted by the HSE for failing to undertake gas safety checks at properties owned and rented out by him as an individual. Belleview had also been subject to HSE enforcement twice in the last five years relating to its failure to arrange gas safety checks at properties rented out by it, including the property subject to the current case.
Belleview Property Limited of Station Road, St Ives, pleaded guilty to breaching the Gas Safety Installation and Use Regulations 1998, Regulation 36(3) and failing to comply with the requirement to provide information under Health and Safety at Work etc Act 1974, Section 20. It was fined £12,000 with £2,245.28 in costs.
Director Adrian Ellis of Leech’s Lane, Colchester, Essex pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc Act 1974 and was fined £3,000 with £2,245.28 costs.
Each defendant was ordered to pay a further £170 as a government surcharge.
After the hearing HSE inspector Jessica Churchyard said: “Landlords must ensure gas appliances at their tenanted properties are maintained in a safe condition and are checked by a Gas Safe Register engineer at least every 12 months.
“HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
This is valid as of 23rd March 2022.
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