MD gets penalty after 20 people exposed to asbestos fibres

Worcester Crown Court has fined Avon Freight Group and its Managing Director, Simon Poole, £30,000 each with £26,000 costs each after a “jobbing builder” was contracted to illegally remove asbestos.

The selfemployed builder found himself £3,000 worse off. The case concerned refurbishment work to offices that required asbestos insulation board (AIB) to be removed. Despite the architect having identified AIB from a survey, and even going so far as to provide a selection of quotes to his client for proper removal and disposal, the client placed the work with an unlicensed builder presumably to save money. Some time later a different contractor, visiting the premises to do other work, reported that he had found fragments of AIB on floors and left attached to walls.

The subsequent investigation by HSE found that people including staff, contractors and a tenant had unknowingly been at risk for five months and would have to live with the worry that they had inhaled fibres.

Supermarket fined after customer and staff injuries

Tesco has been ordered to pay £59,500 in fines and costs after two separate incidents at a Leicester store within three months.

The first concerned an elderly customer who was caught on both legs when an employee pulled a pallet of electrical goods though the store, causing deep cuts to her legs. The second was in the petrol station where a door, known to be defective, fell onto a member of staff and injured her back, chest and wrist.

Although Tesco had a reporting procedure, no-one had completed an entry for the door and there were no signs to warn staff that it was awaiting repair. Managers were found not to be correctly monitoring the safety records, and they had failed to report the staff injury within the statutory timeframe.

Fire burns hole in hotel owner’s profits

Hotel owner Michael Wilson and the company of which he is sole director were ordered to pay £260,000 in fines and costs at Blackfriars Crown Court for numerous breaches of the Regulatory Reform (Fire Safety) Order 2005. This is thought to be the first case of its type that has been tried by a jury. The prosecution followed an investigation into a fire that quickly spread from a guest bedroom at Chumleigh Lodge Hotel in north London. Although there were no injuries, it was found that some guest rooms had no smoke alarms, several fire doors were defective, and designated escape routes were blocked. To make things worse, Mr Wilson had not carried out a suitable and sufficient fire risk assessment and had failed to provide adequate fire safety training to his staff. A guest who escaped via a second floor window was awarded £2,000 compensation.

And its goodbye to him…

After 15 years’ service with Personnel Health and Safety Consultants Limited, Steve Dimond has finally decided to hang up his hard hat. During his time with us, Steve’s assignments ranged from the very mundane (standing in a field to see if it was too bumpy for a village fete) through to a series of annual visits to audit a bridge in Bangladesh. Latterly he spent most of his time assisting Go-Ahead Group, our major client in the public transport sector. He will be missed by all of us. We wish you a very happy retirement, Steve.

European medal for PHSC athlete

There was medal success for Georgina Varley in St Petersburg, Russia, last month. Georgina is part of a project that links elite athletes with business sponsors, and is supported by PHSC plc. Competing in the 23rd European Championships for Trampoline, Georgina set a personal best in the qualifying stages, Georgina maintained her form in the final of the Senior Women’s competition, bringing home the Bronze Medal in the Double Mini Trampoline discipline.

Book now for Summer NEBOSH course

Details of our next public National General Certificate Course have been announced. The training will be held at Aylesford with the first week taking place between 18-22 June, and the second week will be 2-6 July. Examinations are to take place on 10 and 11 July. Please contact Karen Fallows on tel: 01622 717700 or by email to karen.fallows@phsc.co.uk

John Stevens

John brings to PHSC nearly 30 years of health and safety experience in the UK and internationally, including at director level, in a wide variety of sectors such as public sector, manufacturing, sales and service, and bus transport. His background is in human resources, employee relations, training and development. John specialises in business-focused integrated health and safety management systems, and carrying out audits of these systems in all types of organisation.

Carpet fitter puts the boot in

Susan and Michael Green from Camberley, Surrey, were refurbishing their house, and placed an order for a carpet with a well-known store. After the carpet was laid, the fitter explained that he would have to return with more gripper strips for the edges, as he was a few short.

The following day he returned, but it was pouring with rain and his boots were covered in mud. Mrs Green asked him to please remove his footwear before standing on her new carpet. He declined. “Health and safety” he said, “If I stand on the carpet in my socks I might injure my foot from a carpet tack or some other hazard”. Unimpressed, Mrs Green asked whether in that case the fitter could use a pair of her husband’s (clean) shoes, which were about the same size. “Can’t do that”, he said, “Health and safety”. His logic was that Mr Green might have some foot disease that could be transmitted. This conundrum was eventually solved the following day, when the fitter brought a second pair of (clean) shoes with him. Let’s hope the Greens always use safety footwear when entering their lounge…

“Fee for Intervention” proposals to be adopted

Following the end of public and formal consultation procedures in October 2011, the Board of the Health and Safety Executive has announced its conclusions. Fee for Intervention (previously known as fee for fault) will be adopted from April 2012 broadly along the lines originally proposed, but with a headline charge of £124 an hour instead of £133.

This reduction is simply because HSE’s own costs are lower as a result of internal savings and job reductions. Consultation concluded that it was reasonable for noncompliant employers to bear the costs associated with their failings, rather than the taxpayer.

There will be shadow-running of the processes and procedures between now and March, with cost recovery becoming operational in April. Earlier dry runs took place in Chelmsford, Bedford, Basingstoke, Newcastle and Norwich.

Compliant organisations will not have to pay for inspectors’ time but where a material breach is discovered, the charges will be applied. A material breach is defined as where, in the opinion of the inspector, there has been a contravention of a health and safety law that requires written notification to the employer. Written notification includes email, letter, enforcement notice, prosecution, or a hand-written report on the day of the visit.

Accident reporting

Following a consultation exercise that drew around 800 responses, the Health and Safety Executive recommended to the Work and Pensions Secretary that the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) be amended.

The change is to the category of “over three-day injury”, which will become over-seven days from April 2012. Most respondents felt that the change would be beneficial as administration burdens will reduce, and the new period would match to that required under the new fit-note system. Not only would it make sickness absence easier to manage, it should give more time for employers to become aware of any incident and reduce under-reporting.