Construction Safety

A Croydon-based construction company has been fined for continuing unsafe working practices at a site in Lewisham despite repeated warnings.

Unsafe working practices at the Anza Ltd site

Anza Ltd was prosecuted by the Health and Safety Executive (HSE) after inspectors found serious safety issues during two visits to a construction site on Honor Oak Road, Forest Hill in 2009.

Westminster Magistrates Court heard yesterday (16 May) that the firm received advice from HSE and was served with a Prohibition Notice about managing the risk of falls on 18 May 2009. Anza Ltd was also issued with an Improvement Notice on 27 May 2009 requiring welfare facilities to be provided on the site. The site was visited again on 1 July 2009 by HSE Inspectors, who found that there were insufficient measures in place to prevent workers who were using stairs to access the lower level of the site from falls. A second Prohibition Notice was served for fall prevention.

The HSE investigation found that the advice given to Anza Ltd regarding its duty of care to site workers had also been ignored, and they had failed to comply with the requirements of the Improvement Notice served on the 27 May 2009.

After the hearing, HSE Inspector Abosede Ogunsekan said:

"This company had ignored previous warnings and enforcement notices from HSE, and continued to neglect their duty of care to their workers. Falls from height are the greatest cause of major injury and fatalities in the construction industry; and if companies do not take steps to prevent these, then HSE will be robust in its response. Even though there were no injuries in this instance, serious safety breaches were continued by this construction company which could have resulted in serious injuries".

Anza Ltd, of Wydehurst Road, Croydon, was found guilty in absentia of single breaches of the Health and Safety at Work etc Act 1974, the Work at Height Regulations 2005 and the Construction (Design and Management) Regulations 2007 for its failings - three breaches in total. The company, now in liquidation, was fined £15,000 and ordered to pay full costs of £6,752.

Further information and advice from HSE about working in the construction industry and working at height can be found online atwww.hse.gov.uk/construction^[2] or www.hse.gov.uk/falls

A firm, its director and a supervisor have been sentenced for safety failings after a worker died from injuries sustained in a fall from scaffolding at a construction site in East Sussex.

Scaffold over-roof at Washington Avenue, St Leonards on Sea

The Health and Safety Executive (HSE) prosecuted Apex Scaffolding (Sussex) Ltd, its director, Michael Walsh, and Leslie Hustwayte, a supervisor, for negligence and defects that contributed towards the incident on 10 August 2009.

Hastings Magistrates’ Court heard on Friday (25 May) that Joseph Murphy, 31, from had been constructing a scaffold over-roof at Washington Avenue in St Leonards on Sea, when he fell. Precisely how far or why he fell remains unclear, but a HSE investigation identified a number of defects with the scaffolding at the site, including missing hand rails and incomplete scaffold platforms. Evidence of deficient working practices by Mr Hustwayte and a negligent safety culture within the company were also found. Magistrates were told that Prohibition Notices had previously been served on Apex Scaffolding (Sussex) Ltd and on individual employees for unsafe working practices, but the poor attitude to safety in the organisation continued.

Incomplete scaffold platform

After the hearing, HSE inspector Melvyn Stancliffe said:

"HSE and the scaffolding industry have worked together to produce easy to follow guidance to help contractors ensure their scaffolding is safe. So there is no excuse for compromising safety – as was clearly the case here. HSE takes firm action against individuals and contractors who ignore their health and safety obligations. It is essential that contractors and contract managers equip themselves with the necessary information and guidance material and apply it every time a scaffold is built."

Apex Scaffolding (Sussex) Ltd, of Court House, Hooe, Battle; Michael Walsh, of King Edward Avenue, Hastings; and Leslie Hustwayte, of Asten Close, St Leonards on Sea, all pleaded guilty to breaching Regulation 4(1) and Regulation 6(3) of The Work at Height Regulations 2005 in relation to the safety failings.

Mr Hustwayte also pleaded guilty to breaching Regulation 14(2) of the same legislation. The company was fined a total of £3,000 and ordered to pay £5,000 in costs for its failings, Michael Walsh was fined £1,500 with £2,500 in costs and Leslie Hustwayte was fined £2,000 with costs of £2,500.

Further information on safe working practices and procedures in construction can be found online at www.hse.gov.uk/construction^[3]. The section includes a comprehensive scaffolding checklist.

A construction company has been fined for continuing unsafe working practices at a site in Upper Norwood, Croydon, after repeatedly ignoring safety warnings. The Health and Safety Executive (HSE) identified multiple failings at a project on Sylvan Hill run by Unicorn Services Limited, where the Kent-based firm was building a four-storey block of flats.

Westminster Magistrates' Court heard yesterday (25 April) that on 26 September 2011 a HSE inspector served eight Prohibition Notices to stop dangerous practices at the site after identifying serious safety breaches. The Notices covered dangerous scaffolding, people working unsafely at height, fire-related hazards and dangerous electrical equipment.

Unicorn also supplied "appallingly inadequate" documentation for risk assessments and project management. HSE returned to the construction site in October and discovered little or no improvement had been made to many of the illegal practices. An Improvement Notice was subsequently served requiring the site manager to arrange adequate training in order to safely manage construction operations. However, the manager in question failed to meet a compliance date of late November.

Unicorn Services Limited, of Montpellier Avenue, Bexley, was found guilty of breaching Regulation 26(2) of the Construction (Design and Management) Regulations 2007 for its poor site management and failure to adhere to enforcement action. The company was fined £20,000 and was also ordered to pay £5,940 in costs.

After the hearing, HSE Inspector Andrew Verrall-Withers said:

"Unicorn Services Limited blatantly ignored enforcement notices and continued to neglect its duty of care to its workforce, most of whom were vulnerable migrant workers. The construction site at Sylvan Hill was a potential death trap, with scant regard for safety or employee welfare. Even though there were no reported incidents at the site, serious safety breaches were routinely committed that could have resulted in death or serious injury. The work was underpinned by poor management and appallingly inadequate paperwork - total recklessness according to the court. General standards fell well below those expected of a competent principal contractor, which the Health and Safety Executive will simply not tolerate."

Further information about safe working in the construction industry can be found online at www.hse.gov.uk/construction

An apprentice worker was badly injured after he fell off scaffolding which was not properly secured at Pendennis Shipyard Ltd in Falmouth. In a prosecution brought by the Health and Safety Executive (HSE) today (27 April), Truro magistrates heard that David Banks, from St Austell, who was 19 at the time, suffered knee injuries in the fall which happened on 27 April, 2011.

HSE's investigation found that Mr Banks was working in the dry dock to clear and strip away plastic tenting which had been used to enclose a boat while it was being painted. The teenager was working on the first level of scaffolding boards when they tipped, causing him to fall around two metres to the dock floor below. The injuries sustained to his knees in the fall resulted in Mr Banks needing physiotherapy.

The court heard that Pendennis Shipyard Ltd had already been warned about the risks associated with working at height and had been issued with four Improvement Notices and one Prohibition Notice relating to type of work by the HSE since 2009. Speaking after the hearing, HSE inspector, Melissa Lai-Hung said:

"Mr Banks was unaware that the scaffold planks were insecure and there were no safety rails in place. The company provided no safe working method for its workforce, there was no risk assessment for the work and a lack of information, training, instruction and supervision at the site. This incident could easily have had much more serious consequences for Mr Banks."

Pendennis Shipyard Ltd, of The Docks, Falmouth, pleaded guilty to a breach of Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £6,000 and ordered to pay £6,288 in costs.

Further information on how to reduce the risk of working at height can be found on the HSE website at http://www.hse.gov.uk/falls/

Nearly one in five construction sites failed safety checks during a national initiative to improve construction site safety - a slight improvement on previous years. Inspectors from the Health and Safety Executive (HSE) visited a total 3237 sites and saw 4080 contractors, but 581 sites were found to have practices that put workers at risk with a total of 870 enforcement notices issued and in 603 instances work had to stop immediately.

Philip White, Chief Inspector of Construction, said:

"It is encouraging that inspectors found a slight improvement in standards and small construction firms are taking safety seriously when carrying out refurbishment work. But this is just a snapshot, and the number of notices served for unsafe work at height is still unacceptable, particularly when the safety measures are well-known and straightforward to implement. Too many contractors continue to put their own or other people's lives at risk and we will not hesitate to take action where standards are not met."

Inspectors targeted sites where refurbishment or repair work was being carried out as part of an annual, month-long drive across Britain with the aim of reducing the risk of death, injury and ill health. The focus was on high-risk activity including working at height and ensuring sites were in 'good order', being clean and tidy with clear access routes.

Falls from height remain one of the most common causes of deaths and major injury and responsible for the largest proportion of enforcement notices 49%, but shows a slight improvement on previous years of 55% in 2010.

Construction sites are being put under the spotlight as part of an intensive inspection initiative aimed at reducing death, injury and ill health.

Between 20 February and 16 March, inspectors from the Health & Safety Executive will be visiting sites where refurbishment or repair works are being carried out. This is part of a national month-long drive to improve standards in one of the Britain's most dangerous industries.

Their primary focus will be high-risk activity such as working at height and also 'good order' such as ensuring sites are clean and tidy with clear access routes. The purpose of the initiative is to remind those working in construction that poor standards are unacceptable, and could result in enforcement action.

During 2010/11, 50 workers were killed while working in construction and 2298 major injuries were reported. Philip White, HSE Chief Inspector of Construction, said:

"The refurbishment sector continues to be the most risky for construction workers, all too often straightforward practical precautions are not considered and workers are put at risk. In many cases simple changes to working practices can make all the difference. Poor management of risks in this industry is unacceptable. As we have demonstrated in the past, we will take strong action if we find evidence that workers are being unnecessarily put at risk."

Further information about safe-working in construction can be found online at www.hse.gov.uk/construction

Brazilian Arlindo Visentin was helping thee other workers build a basement at a private property when a gravel and clay wall, which weighed between three and five tonnes, collapsed burying him alive and killing him.

The Health & Safety Executive (HSE) prosecuted Visentin’s employer Nadeem Aftab after investigating the accident, which happened in June 2007 at a house in Belgravia, London. Aftab was fined £100,000 with costs of £61,590 after admitting failing to ensure employees’ safety, contrary to Section 2(1) of the Health & Safety at Work Act 1974.

The investigation found Aftab had not adequately planned the temporary works required to support the earth during the underpinning operation. There was no proper support for the earth that remained after the walls were underpinned and there were o measures in place to prevent falls into the excavation. Aftab had also failed to make sure workers on site were qualified and competent to carry out the underpinning process.

“Mr Visentin spoke very little English and did not share a common language with any of the other workers or with Mr Aftab”, said HSE inspector Lisa Chappell. “This incident highlights the need to have effective worker consultation and communication with all employees to ensure they understand the control measures that should be in place to prevent harm”.

Euro Earthworks Ltd general foreman, Gerry Fox, was crushed to death by an excavator bucket, filled with concrete, which fell from the arm of the 12 tonne excavator at a London construction site in August 2007.

Euro Earthworks Ltd, of Boston Manor, Brentford, Hounslow was convicted of a breach of Section 2 (1) of the Health and Safety at Work etc Act 1974 in connection with the tragedy and fined £20,000 and ordered to pay costs of £13,000.

City if London Magistrates’ Court was told by the Health & Safety Executive (HSE), that Euro Earthworks Ltd failed to adequately plan, manage and monitor the construction work on site. Fellow defendants Hydro Plant Ltd, of Wadsworth Close, Greenford, Brent and Michael Denis Cunningham, of Latimer Road , Eastbourne were sentenced for separate breaches at an earlier hearing in May 2011.

On 28th August 2007, a pin in the “quick hitch” device attached to the excavator arm for use in rapid changing of attachments and which is necessary to safely lock the excavator bucket in place was not inserted, causing the bucket to fall crushing Mr Fox.

The HSE investigation found that reasonable are was not taken for the health and safety of fellow employees by positioning the bucket which was filled with concrete, directly over Mr Fox and site supervisor Tim McCarthy who narrowly missed being hit by the bucket.

Magistrates also heard that the HSE had issued advice on the safe use of quick hitches on excavations in March 2007. Euro Earthworks Ltd was aware of this advice and had made amendments to its written risk assessment, but still failed to take reasonably practicable steps that would have prevented the incident.

Background

A multi-storey car park was constructed on the Olympic Park. The structure involved the delivery, unloading and placing of hundreds of items of steelwork and precast concrete floor slabs by tower crane.

Hazard

Vehicle movements around the structure and falls from vehicles were identified as significant risks since hundreds of vehicle movements would be taking place with materials and plant needing to be off-loaded (photo 1). The team designing and constructing the car park considered the arrangements for managing vehicle movements and preventing falls from lorries during off-loading.

Solution

A traffic-management plan was prepared and implemented with well-defined and signed routes to keep vehicles and pedestrians apart. A mobile platform was installed and fitted with moveable overhead beams to which fall arrest systems were fitted. This system allowed those slinging loads to work safely at height (photo 2).

Photo 1: Vehicle movement around the construction site

Photo 2: Fall arrest systems allow safe working at height

A construction company has been prosecuted for safety failings after a young worker was left permanently scarred when he struck an underground cable during digging work. Richard Baisley, 26, of Scunthorpe, received severe burns to his hands, arms, face and chest when he drilled through concrete and pierced a 415 volt cable. The location of the cable was not established by the company before the digging work started.

Scunthorpe Magistrates' Court heard Mr Baisley and a fellow employee had been instructed by a director of Kim Barker Construction Ltd to dig two holes outside their site entrance so they could erect a new company sign. The sign needed two large holes for the steel posts. Part-way through the job, the two workers hired a drill to break through some concrete and took it in turns to use it. During Mr Baisley's turn, the concrete gave way and he pierced the cable, resulting in an electrical explosion.

Mr Baisley, of Burringham, Scunthorpe, was in hospital for three days for treatment to his burns. He is unable to return to his original career as a welder because of the affects of heat on his skin and for some six months after the incident in October 2009 he was unable to ride his motorcycle or play sport.

Kim Barker Construction Ltd, of Flixborough Industrial Estate in Scunthorpe, pleaded guilty to a breach of the Electricity at Work Regulations 1989 after an investigation was mounted by the Health and Safety Executive (HSE). They were fined £13,000 and ordered to pay £2,039.10 in costs.

Inspector John Dutton said:

"This is an example of how a simple job, no matter how straightforward it may seem on the face of it, can have serious, if not fatal, consequences if not properly planned. "There are lessons from this case that are relevant to many companies who decide to carry out work such work. First and foremost, when digging where underground services may be present, a firm needs to carry out an investigation to locate those services. "It also highlights the need to make sure every job is planned, undertaken and supervised using trained workers and the right tools. "Had the company followed industry guidance and best practice when this happened back in 2009, Mr Baisley would not be bearing the long-term scars of their failings today."