April 2019 We are the first to offer online versions of the new IOSH … · 2019-05-29 · •...
Transcript of April 2019 We are the first to offer online versions of the new IOSH … · 2019-05-29 · •...
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April 2019
We are the first to offer online versions of the new IOSH courses for those that work in the construction industry
In November 2018 IOSH launched syllabi for two completely
new courses:
• IOSH Safety, health and environment for construction site
managers; and
• IOSH Safety, health and environment for construction
workers
We are pleased to announce that HSQE Ltd is the first
company to get 100% online versions of both courses fully
approved by IOSH. The courses will be available to purchase on
our website (www.hsqe.co.uk) from early May.
Both courses are designed for people that work on
construction sites in the UK and for those that work abroad.
Our online courses contain all you need to complete these
valuable new additions to the IOSH suite of courses, including:
• Access to all the course materials using any device that can
access the internet
• Tutor support
• Exercises
• Mock assessments
• Final assessment and project
• A genuine IOSH certificate on successful completion
IOSH Safety, health and environment for construction site
managers
The course takes between 16-24 study hours to complete.
The course is split into four modules:
• Understanding the background
• Preparing for work
• Setting up the site
• Construction phase health and safety
IOSH Safety, health and environment for construction
workers
The course takes between 6-8 study hours to complete.
The course is split into five modules:
• Understanding the background
• Law and enforcement
• General site safety
• High risk activities
• Health
Contact us for more information about both of these courses
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April 2019
A Salford
building
contractor has
been
sentenced
after exposing
workers to
danger of falls
from height
and exposure
to silica dust.
The
Magistrates’
Court heard
how, in July
2018, whilst
carrying out repointing work at a house in Altrincham, K & M
Pointing allowed its employees to work on unguarded
platforms six metres in height.
The workers were also not provided with adequate protection
from silica dust during the removal of mortar.
The Health and Safety Executive (HSE) began investigating after
receiving information from members of the public. During the
investigation, it was found that K & M Pointing had made a
deliberate decision not to provide the correct scaffolding or
means of dust capture in order to save money. Mr Morris had
also failed to insure his employees against any injury or ill
health sustained during the course of their work.
K & M Pointing pleaded guilty to breaches of Section 3 (1) and
Section 2 (1) of the Health and Safety at Work etc. Act 1974
and Section 1 (1) of the Employers Liability (Compulsory
Insurance) Act 1969.
The owner of K & M Pointing received a 26 week prison
sentence suspended for two years, 180 hours community
service and ordered to pay £2,000 in costs.
After the hearing HSE inspector Matt Greenly said: “HSE
receives thousands of concerns from members of the public
each year and we investigate those which show serious risk.
Corners must not be cut when dealing with employees’ safety,
such as working at height.”
Farmers are being told they must pay closer attention to health
and safety after the Health and Safety Executive (HSE) raised
concerns over recent livestock handling incidents.
Each year a number of people are killed or injured in incidents
involving cattle and HSE is reminding farmers that these
incidents can be prevented.
HSE inspectors will be visiting farms to remind farmers of their
duty to protect themselves, their workers and members of the
public from the risks of cattle. If they are not, inspectors will
not hesitate to use enforcement to bring about improvements.
Throughout the inspections, HSE will be reminding workers
that when working with livestock, they should have the
appropriate controls in place:
• Proper handling facilities, which are kept in good working
order;
• a race and a crush suitable for the animals being handled;
• trained and competent workers; and
• a rigorous culling policy for temperamental animals.
The focus on livestock is part of a programme of inspections
over the next twelve months to ensure farmers are doing the
right things to comply with the law and prevent death, injury
and ill-health.
HSE has a range of resources and guides available to help those
working on the farm manage the risks appropriately. More
information can be found at:
http://www.hse.gov.uk/agriculture/resources/good-farm.htm
Unsafe work at height and inadequate protection from silica exposure HSE warning for farmers
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April 2019
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April 2019
A healthcare provider has been fined £300,000 for its failings
following the death of 14-year-old patient Amy El-Keria.
The Crown Court heard how Amy, who had complex mental
health care needs, had been a patient in the high dependency
unit (HDU), upper court, at Priory Ticehurst House Hospital
since 24 August 2012. She had been transferred to the East
Sussex facility after one of several attempts to ligature at
home.
On 12 November 2012, Amy was found with a ligature around
her neck in her room. The 14-year-old was taken to hospital
but had suffered irreparable brain damage and failure of
multiple organs, so a decision was taken to withdraw life
support. Amy was sadly pronounced dead the following day,
on 13 November.
An investigation by the Health and Safety Executive (HSE),
which began in 2016 following the coroner’s inquest, found
Priory Healthcare Ltd had failed to identify or put in place
control measures that would have better managed ligature
risks.
Priory Healthcare Ltd pleaded guilty to a breach under Section
3 (1) of the Health and Safety at Work etc. Act 1974. The
company was fined £300,000 and ordered to pay costs of
£65,801.38.
Speaking after the hearing, inspector Michelle Canning said:
“This is a heart-breaking case. Our detailed investigation
uncovered a number of failures. Our thoughts remain with
Amy’s family and we are so very sorry for their loss.”
Key lessons
HSE found the company’s main failings were as follows:
• Failure to carry out a suitable and sufficient risk
assessment relating to the presence of ligature points and
ligatures on upper court;
• Failure to identify the control measures necessary to
reduce ligature risks, so far as is reasonably practicable;
• Failure to consider relevant industry and NHS guidance to
inform its risk assessment process and determine the
correct fixtures and fittings for units where patients were
at high risk of self-harm and suicide;
• Failure to ensure an adequate review was carried out of
the systems and control measures relating to ligature risks
at Ticehurst House following concerns raised by external
bodies; and
• Failure to ensure all staff working on upper court were
trained and their work practices appropriately monitored
with respect to life support techniques.
Sentencing, Judge Mr Justice James Dingemans had earlier said
that following work between the Priory and the Care Quality
Commission there was now a much better understanding of
young person suicide, and that "vital lessons have been
learned".
Note: After 1 April 2015, the Care Quality Commission (CQC)
took responsibility in England for patient and service user
health and safety for providers registered with them. Prior to
this date, HSE had enforcement responsibility.
A potato processing company has been sentenced after a
worker was struck by a telehandler load.
The Magistrates’ Court heard how, on 5 January 2018, Mr
Smith was walking across a yard when he was struck by three
potato boxes loaded on the tines of a telehandler being
operated by another employee. The impact knocked him to
the ground and caused a fracture to his left leg.
An investigation by the Health and Safety Executive (HSE)
found the company had insufficient measures in place to
prevent people being struck by a vehicle and that a protected
walkway was provided to only two sides of the yard, but not to
the right side (a well-used pedestrian route). The investigation
also found a large number of boxes had been stored in the
yard which meant there was less room resulting in pedestrians,
including Mr. Smith, having to take a route further into the
transport area than was necessary. The company also failed to
ensure forklift truck and telehandler operators were clear what
the site rules were around the transportation of potato boxes
and to effectively enforce these.
Braegate Produce Ltd pleaded guilty to breaching Regulation 4
(1) of the Workplace (Health and Safety Welfare) Regulations
1991. The company was fined £50,000 and ordered to pay
£962 in costs.
Key lessons
• Organise transport operations to reduce the risk it poses to
pedestrians. This should include consideration of the site,
driver and vehicles.
Priory Healthcare fined £300,000 following death of 14-year-old patient Worker struck by telehandler load
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April 2019
Westdale Services Limited has been
sentenced after a 12-year-old boy
slipped off a scaffold ladder, falling
approximately 10 metres.
The Magistrates’ Court heard how, on 6
May 2017, two boys were able to climb
the rungs of a ladder within scaffolding
erected by Westdale Services Limited at
a site in Cwmbran, by placing their feet
either side of a ladder guard that did not
cover the rungs of the ladder.
One boy climbed to the top platform of
the scaffold and climbed the uppermost
ladder to a height of approximately 10
metres. The ladder slipped, causing the
boy to lose his balance and fall to the
ground, causing life-changing injuries
requiring multiple operations. The boy
now has no bladder or bowel control and
is only able to walk short distances due to being unstable on
his feet.
An investigation by the Health and Safety Executive (HSE)
found the security arrangements for preventing access to the
scaffolding, especially by children from a nearby school, were
inadequate.
Westdale Services Limited pleaded guilty to breaching Section
3(1) of the Health and Safety at Work Act 1974, were fined
£160,000 and ordered to pay £22,310 in costs.
Speaking after the hearing, HSE inspector Michael Batt
commented:
“The death or injury of a child is particularly tragic and a lot of
thought must go into securing construction sites. Children do
not perceive danger as adults do. The potential for
unauthorised access to construction sites must be carefully risk
assessed and effective controls put in place.
“This incident could have been prevented by removal of the
ladder completely or installing an appropriately sized ladder
guard to cover the full width of the rungs.”
A company has been fined after a farm worker’s arm was
pulled into potato grading machine.
The Magistrates’ Court heard how on 24 October 2017 a 34
year-old agency worker was seriously injured when he fell onto
the cleaning rollers of a potato grading machine at a farm in
West Tilbury, Essex. He had been clearing potatoes off the
rollers but the machine had not been isolated from its power
source, and was restarted while the worker was still in a
dangerous area. He fell on the rotating rollers and his arm was
drawn in up to the shoulder before the machine could be
stopped.
An investigation by the Health and Safety Executive (HSE)
found that C H Cole & Sons (Mill House) did not employ safe
systems of work to prevent an inadvertent start-up of the
potato grading machines during the routine cleaning task. In
addition, farm workers were not provided with adequate
training and information about the use of the machine and any
available worker would carry out the clearing of potatoes by
following the unsafe system of work.
C H Cole & Sons (Mill House), a farming partnership, pleaded
guilty to breaching Sections 2(1) and 3(1) of the Health and
Safety at Work etc Act 1974 and have been fined £30,000 and
ordered to pay costs of £6,000.
Speaking after the case, HSE inspector Saffron Turnell said “As
farms start to plan for the holiday season, this case is also a
timely reminder of ensuring casual workers are adequately
shown how to operate in a safe system of working and the
importance of safe stop procedures.”
Fine after boy falls from scaffolding and sustains life-changing injuries Agency worker suffers arm injuries
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April 2019
A construction company has been fined after two workers
were injured after falling through a ceiling at a site in Watford.
The Magistrates’ Court heard how, on 6 December 2017, four
bricklayers were working on a new build of three terraced
houses, when they gained unrestricted access to a timber
joisted floor. The floor collapsed. Two of the four workers
managed to jump off during the collapse whilst the other two
fell and suffered serious injuries.
Both of the employees are still unable to return to full time
work. One spent two days in hospital after the incident
and the other is still recovering from his injuries; it is not clear
whether or not his injury will be life changing.
An investigation by the
Health and Safety
Executive (HSE) found that
the Principal Contractor, S
McMurray Ltd, had failed
to safely install joist
hangers correctly. There
was no other structural
support arrangement in
place, such as propping the
first floor from
underneath. The floor was
also overloaded with
blockwork.
S McMurray Ltd pleaded
guilty to breaching
Regulation 13 (1) of the Construction
(Design and Management) Regulations
2015. The Company was fined £16,500
and ordered to pay costs of £1236.60.
After the hearing, HSE inspector Rauf
Ahmed said: “Structural stability of floors
under construction must be carefully risk
assessed to ensure the appropriate
control measures are in place to prevent
collapse.
“ This incident could have been prevented
had there been a sufficient risk
assessment in place and the appropriate
controls implemented.”
Floor collapse on a new build leads to workers falling from height
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April 2019
Concrete wall blocks company Thakeham Tiles Ltd has been
sentenced after a worker’s hand was crushed in an unguarded
machine.
The Magistrates’ Court heard
how, on 25 April 2018, an
experienced worker was making
concrete screen wall blocks at
their site on Rock Road, West
Sussex, when his hand became
trapped and was crushed by the
machine he was using.
The worker suffered three
broken fingers and thumb and
had to undergo surgery to
stabilise his hand.
An investigation by the Health
and Safety Executive (HSE) found
the company had failed to
ensure that the machine was
properly guarded. The machine
had been not been properly
guarded for a number of years.
Thakeham Tiles Ltd pleaded
guilty to breaching Regulation 11
(1) of the Provision and Use of
Work Equipment Regulations
1998, was fined £26,667 with
£3,560 costs.
Key lessons
• This case highlights the importance of ensuring that
dangerous moving parts of machinery are guarded
An unregistered gas fitter operating as a director of Master
Plumbing Contractors Limited has been sentenced for carrying
out gas work without being registered with Gas Safe.
The Crown Court heard how Andrew Stevens purported to be
Gas Safe registered when he undertook gas work at two
properties in Milton Keynes between 2015 and 2016. He
brandished a t-shirt with the Gas Safe logo, which was also on
the company van. Mr Stevens was reported to Gas Safe
Register after defects were found in the installation of a gas
boiler.
An investigation by the Health and Safety Executive (HSE)
found that Mr Stevens was not Gas Safe registered at the time
he conducted this work.
Andrew Stevens was found guilty of four offences under the
Gas Safety (Installation and Use) Regulations 1998. Mr Stevens
received four 18-month sentences, all suspended for two
years. He was also ordered to do 300 hours of community
service and pay costs of £15,000.
Speaking after the hearing, HSE inspector Andrew McGill said:
“Mr Stevens undertook gas work which he knew he was not
registered to do”.
“HSE will not hesitate to take appropriate action against rogue
gas fitters who disregard the law and place lives at risk.
Working with gas appliances is difficult, specialised and
potentially very dangerous, so it is vital that this is only
undertaken by trained and competent engineers who are
registered with Gas Safe.”
Company fined after worker suffers serious injuries Unregistered gas work
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April 2019
IOSH Safety for Executives
and Directors is for senior
staff with strategic
responsibility for health and
safety. It is suited to
executives, directors and
board members. It explains
the case for good health
and safety performance,
along with how health and
safety can be managed
along side other
organisational priorities.
Assessment is via a tutor-
marked personal statement.
IOSH Managing Safely is
relevant to all industries and
organisations. It provides
information about key
health and safety risks
encountered in the
workplace and how those
risks can be managed in a
pragmatic way. It is suited
to managers, supervisors
and employee
representatives. Assessment
is via an online exam and
tutor-marked risk
assessment project.
IOSH Managing Safely in
Construction provides
information about the
construction industry, the
risks that it presents and
how those risks can be
managed in a pragmatic
way. It also covers key
legislation and roles and
responsibilities. It is suited
to managers, supervisors
and employee
representatives. Assessment
is via an online exam and
tutor-marked project.
IOSH Working Safely is
relevant to people in all
industries and
organisations. It provides
information about how
everyone can enhance their
safety, health and
wellbeing through everyday
behaviours.
Rated
“EXCELLENT”
During the 2018 quality assurance
review conducted by IOSH
Rated
“OUTSTANDING”
We are committed to
providing approved
training in vital skills at
an affordable price.
Find out more about us
at www.hsqe.co.uk
Approved online IOSH courses available at www.hsqe.co.uk
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April 2019
A food processing company, 2 Sisters Food Group, has been
sentenced after a worker was injured while unblocking a
machine on the poultry slaughter line.
The Magistrates’ Court heard how, on 6 September 2012, an
employee of 2 Sisters Food Group Limited was attempting to
clear a blockage on a conveying system at its Foxhills Industrial
Estate site in Scunthorpe, when he was struck by a large metal
stillage.
As a result, his body was crushed at chest height against the
end of the unit, and he sustained multiple injuries including
several fractured ribs, fractures to his back and a punctured
lung.
An investigation by the Health and Safety Executive (HSE)
found the company had failed to identify deficiencies in the
guarding on the machine, and the clearing of blockages was
usually carried out while the machine was still in operation.
2 Sisters Food Group Limited pleaded guilty to breaching
Section 2(1) and Section 3(1) of the Health and Safety at Work
Act 1974 and has been fined £1.4 million with £38,000 in costs.
Speaking after the hearing, HSE inspector Kirsty Storer said:
“The employee’s life-threatening injuries could easily have
been prevented had the company identified the guarding
deficiencies and put in place simple measures to prevent
access to dangerous parts of machinery.
“This should serve as a lesson to others in the food processing
industry about the importance of effectively guarding their
machinery to stop others being similarly injured.”
A roofing company has been sentenced for safety breaches
after a worker fell about three metres through a roof light and
suffered a fractured pelvis and spinal injuries.
The Magistrates court heard how, on 17 March 2016, a self-
employed roofer, working for PNR Roofing and Building
Services Limited (PNR), was on a roof laying wooden ‘lats’ and
roofing felt, when he fell through a sky light that was covered
with felt. PNR was subcontracted to carry out roof work at
Globe Mills in Slaithwaite. An investigation by the Health and
Safety Executive (HSE) found that whilst PNR initially provided
air bags as a means of mitigating any falls by employees, the
air bags had been moved to remove debris and the worker hit
the floor instead.
PNR Roofing and Building Services Ltd pleaded guilty to
breaching Section 3 (1) of the Health & Safety at Work etc Act
1974, was fined £20,000 and ordered to pay £1,100 in costs.
After the hearing, HSE inspector Chris Tilley commented: “Falls
from height through fragile surfaces and skylights 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.
“This incident could so easily have been avoided by simply
adopting reasonably practicable safe working practices such as
using netting instead of relying on fall bags”
Key lessons
• Risk assessments and systems of work must take account
of any significant changes that occur
£1.4m fine for crush injury Fall from height
This newsletter is published
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April 2019
Two companies have been fined after a landscape gardener
suffered serious injuries following a fall.
The Crown Court heard
how, on 24 July 2013, a
team of landscape
gardeners were working
on a traffic island at the
Mayfair Car Park, Park
Lane, London, when a
member of the team
stood on an unstable
grille. The grille, which was not fixed into position, gave way
and he fell 11 metres into the ventilation shaft underneath,
suffering serious injuries to his back and ankle.
An investigation by the Health and Safety Executive (HSE) into
the incident, found the ventilation grilles should have been
inspected and maintained in order to identify any movement
of the grilles.
Bouwfonds European Real Estate Parking pleaded guilty to
breaching Section 4(2) of the Health and Safety at Work etc Act
1974, was fined £16,000 and ordered to pay costs of £18,000.
Saba Infra UK pleaded guilty to breaching Section 4(2) of the
Health and Safety at Work etc Act 1974 , was fined £45,000
and ordered to pay costs of £40,000.
Key lessons
• This incident could have been prevented had there been
an effective inspection regime in place.
A Devon based hoteliers has been sentenced after materials
containing asbestos were disturbed during a major
refurbishment at The Park Hotel in Barnstaple.
The Magistrates’ Court heard that between October 2016 and
May 2017 construction work was undertaken to refurbish the
hotel on Taw Vale. Parts of the hotel were originally
constructed during the 1960’s and 1970’s when asbestos was a
popular building material. The project aimed to refit and
refurbish bathrooms and bedrooms.
An investigation by the Health and Safety Executive found that,
at an early stage of the work, an employee raised concerns
about the potential presence of asbestos containing materials
(ACM) within the rooms under refurbishment. Enquiries were
made but no physical testing of the materials being disturbed
was undertaken.
Work continued for several more months and concerns about
the materials within the bedrooms and bathrooms were raised
again by external contractors. Testing of the material being
disturbed was eventually conducted in February 2017 and the
presence of ACMs was confirmed.
Whilst the HSE investigation was in progress the defendant had
a further incident in May 2017 where ACMs were disturbed
during bathroom refurbishment works being undertaken. The
planning undertaken for this work, which had included an
assessment as to the presence of ACMs, was inadequate as it
failed to identify the full scope of the work proposed and the
materials that would be disturbed during pipework installation
works.
The investigation also found that refurbishment work was
undertaken at the hotel without the appropriate assessment
as to the presence of asbestos containing materials.
Once identified, the hotel took remedial action which included
sampling of common parts for asbestos fibres, which came
back as negative.
Percy R Brend and Sons (Hoteliers) Ltd pleaded guilty to
breaching Section 2(1) and 3(1) of the Health and Safety at
Work etc Act 1974. They have been fined £80,000 and ordered
to pay costs of £14,999.60.
Key lessons
• Asbestos was frequently used in buildings built or
refurbished before the year 2000
• A suitable assessment of the risk posed by asbestos must
be conducted by a suitably competent person before work
begins
Speaking after the hearing HSE inspector Jo-Anne Michael said:
“The dangers associated with asbestos are well known and a
wealth of advice and guidance is freely available from HSE and
other organisations.
“Identification of the hazard is key. Duty holders should not
undertake any work which either exposes or is liable to expose
their employees to asbestos unless they have carried out a
suitable and sufficient assessment as to the presence, location
and condition of asbestos in the premises. Those persons
tasked with undertaking the assessment should have the
necessary skills.”
Fall through unsecured grill Failure to identify the presence of asbestos during refurbishment work
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April 2019
Approved online food safety and hygiene courses available at www.hsqe.co.uk
When you handle
food and need
awareness of food
safety & hygiene at
level 2
Manufacturing
When you do not
handle food, but
you need an
awareness of food
safety & hygiene
NEW
When you need to
know about the
dangers from food
allergens & what
you should do
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April 2019
A train refurbishment company has been sentenced after
exposing workers to hand arm vibration syndrome (HAVS).
The Crown Court heard how Faiveley Transport Tamworth
Limited exposed its workers to uncontrolled and unrestrained
exposure to vibrating tools from 2005 to 2015.
In 2015, a member of staff raised concerns regarding
symptoms similar to HAVS as a result of exposure to the air-fed
cutting tool used to remove rubber seals from train doors.
Despite the company being made aware of this, it failed to
take prompt action to manage the risk of exposure to HAVS.
Later, another member of staff reported that he used grinders
up to eight hours a day often until his hands hurt.
An investigation by the Health and Safety Executive (HSE)
found the company failed to consider the risk to both its
employees and agency workers of exposure to hand
transmitted vibration (HTV) tools over a prolonged period of
time. The investigation found that there was little or no
oversight by management to control exposure and there was
an absence of a safe system of work including control,
monitoring and maintenance measures. The investigation also
found measures to conduct a suitable and sufficient risk
assessment of that exposure were not taken, instruction and
training on tool use was not provided and the company did not
have health surveillance in place.
The company pleaded guilty to breaching Section 2 of the
Health and Safety at Work etc. Act 1974, were fined £90,000
and ordered to pay costs of £45,000.
A timber buildings company has been sentenced after a worker
suffered serious injuries to his back.
The Magistrates’ Court heard how, on 26 January 2018, an
employee of Ashford Timber Limited was injured while
erecting a carriage barn.
He was about to complete the final end strip to the roof when
he slipped, sliding down the roof and falling approximately
2.5m to the ground below.
As a result of this, he sustained a compression injury to his
spine. There was no safety equipment provided by the
company at the domestic property site in East Sussex.
An investigation by the Health and Safety Executive (HSE)
found that there was no risk assessment or method statement
produced by the company, no detailed safe system of work for
employees to follow, and insufficient training was offered.
Ashford Timber Limited pleaded guilty to breaching Regulation
4 (1) of the Work at Height Regulations 2005, and has been
fined £23,333 and ordered to pay costs.
Key lessons
• Those in control of work at height have a responsibility to
devise safe methods of working and to provide the
necessary information, instruction and training to their
workers
Sign-fitting contractor, AR Signs Limited, has been sentenced
for safety breaches after a worker suffered multiple, serious
burn injuries.
The Magistrates’ Court heard how, on 14th September 2017,
the 22-year-old employee of AR Signs Limited was using a
breaker tool to dig a hole for the posts of a new sign at the
Hellaby Hall Hotel in Bramley, near Rotherham, when he struck
a mains electricity cable, causing a large flash.
The worker suffered burn injuries to the inside of his right arm,
the top of his right hand, the inside of his left arm, and the
right-hand side of his face. He also had burns to his hair,
eyelashes, eyebrows and beard.
An investigation by the Health and Safety Executive (HSE)
found that no cable diagram or ground scanner was used to
determine the presence of the mains cable, and no training
had been given in the use of the breaker tool.
AR Signs Ltd was found guilty of breaching Section 2 (1) of the
Health and Safety at Work etc Act 1974 , was fined £35,000
and ordered to pay £2,475 in costs.
After the hearing, HSE inspector Sarah Robinson commented:
“This wholly avoidable incident was caused by the failure of
the company to appropriately plan and execute a safe system
of work whilst fitting the signs.
“Companies should be aware that HSE will not hesitate to take
appropriate enforcement action against those that fall below
the required standards.”
Fine for exposing workers to vibration Worker injured following a cable strike Fall from height
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April 2019
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Approved online safeguarding courses Royal Opera House loses its appeal over hearing damage
The Royal Opera House (ROH) has lost its
appeal over the life-changing hearing
damage caused to a viola player at a
rehearsal of Wagner's Die Walkure.
The Court of Appeal ruled unanimously that
the ROH failed to take reasonable steps to
protect Christopher Goldscheider during the
2012 rehearsal.
It also failed to act on dangerous noise
levels until after Mr Goldscheider's injury,
the court ruled.
The ROH said it was "disappointed" by
aspects of the court's ruling.
Mr Goldscheider won a landmark High
Court case last year, which was challenged
by the ROH. In that case, Mr Goldscheider
sued the London opera house, claiming
damages for acoustic shock - a condition
with symptoms including tinnitus,
hyperacusis and dizziness - after being
exposed to noise levels exceeding 130
decibels.
It was the first time acoustic shock had been
recognised as a condition which could be
compensated by a court.
In its appeal, the ROH claimed the artistic
value of the music produced by the
orchestra meant that some hearing damage
to its players was inevitable and justifiable -
but that was rejected by the court.
Background to the case:
• On 1 September 2012, Mr Goldscheider
was seated directly in front of the brass
section of the orchestra for a rehearsal
of Wagner's thunderous opera Die
Walkure in the famous orchestra pit of
the opera house, in Covent Garden.
• The bell of a trumpet was immediately
behind his right ear during the rehearsal
and noise levels reached 132 decibels -
roughly equivalent to that of a jet
engine.
• His hearing was irreversibly damaged.
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April 2019
Pregnancy club Bounty UK has been given a £400,000 fine for
illegally sharing the personal information of more than 14
million people. The fine was issued by the Information
Commissioner's Office (ICO) in what it said was an
"unprecedented" case.
Bounty compiled personal data but did not tell people that it
was shared with 39 other organisations, said the ICO.
The Bounty pregnancy and parenting club offers free samples,
vouchers and guides to prospective and new parents via packs
given out in hospitals or sent to people who use its apps.
Bounty gathered information from apps, its website, cards in
merchandise packs and from new mothers in hospital.
The ICO said that while many knew Bounty as a pregnancy
club, few knew that it was also a data broker supplying
information to third parties that would use it to fine-tune
direct marketing.
Bounty breached the 1998 Data Protection Act by not being
"open and transparent" with people about what would be
done with their personal data.
It shared 34.3 million records from June 2017 to April 2018
with 39 organisations including marketing agencies Acxiom,
Equifax and Indicia. The data shared was of "potentially
vulnerable" people including new mothers and very young
children, said the ICO.
Bounty said it "acknowledged" the ICO's findings and had now
made changes to how it handled member data.
A woman who staged a fall over a crate in a Bradford store in
order to make a bogus injury claim has been given a suspended
prison sentence for fraud.
Farida Ashraf was seen on CCTV tripping over the crate in 2013
after two accomplices had placed it on the floor.
She said she had suffered multiple injuries, but a civil court
ruled the claim was "fundamentally dishonest".
The case against her at Bradford Crown Court was brought by
the insurers. Aviva pursued a private prosecution, resulting in
Ashraf admitting a fraud charge. Mr Lumley said "It is, we
think, the first private prosecution arising out of a public
liability insurance claim" .
The judge suspended her 21-month jail term for two years and
gave her a six-month curfew order. .
Two women were seen on CCTV moving a crate of orange juice
cartons, with Farida Ashraf later tripping over it .
Heavy winds in march resulted in a number of incidents being
reported around the country. Among these were several
reports of scaffolding collapse as a result of the adverse
weather
Key lessons
• Risk assessments should take account of foreseeable
risks associated with adverse weather, such as high
winds
£400,000 fine for sharing personal data Staged fall to claim compensation Staged fall to claim compensation
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April 2019
The World Meteorological Organization (WMO) says that the
physical and financial impacts of global warming are
accelerating. Record greenhouse gas levels are driving
temperatures to "increasingly dangerous levels", it says.
Their report came in the same week as the International
Energy Agency (IEA) reported a surge in CO2 in 2018. However,
new data from the UK suggests Britain is bucking the trend
with emissions down by 3%.
This year's State of the Climate report from the WMO is the
25th annual record of the climate. When it first came out in
1993, carbon dioxide levels were at 357 parts per million (ppm)
in the atmosphere. These have now risen to 405.5ppm and are
expected to increase further.
This is having a significant impact on temperatures, with 2018
the fourth warmest year on record, almost 1C above what they
were in the period between 1850-1900. The years between
2015 and 2018 were the four warmest on that record, the
study says.
While some of these figures were published in a preliminary
release of the study from last November, the full version has
data on many key climate indicators, that the WMO says break
new ground.
One example is ocean heat content. More than 90% of the
energy trapped by greenhouse gases goes into the seas and
according to the WMO, 2018 saw new records set for the
amount of ocean heat content found in the upper 700 metres
of the seas, and also for the upper 2,000 metres.
Sea levels also continued to increase with global mean sea
level rising 3.7mm higher in 2018 than the previous year.
The report was launched at a news conference in New York
attended by the UN Secretary General Antonio Guterres.
"There is no longer any time for delay," he wrote in a foreword
to the new study.
2018 Climate impacts:
• According to the report, most of the natural hazards that
affected nearly 62 million people in 2018 were associated
with extreme weather and climate events.
• Some 35 million people were hit by floods.
• Hurricane Florence and Hurricane Michael were just two of
14 "billion dollar disasters" in 2018 in the US.
• Super Typhoon Mangkhut affected 2.4 million people in and
killed 134, mainly in the Philippines.
• More than 1,600 deaths were linked to heat waves and
wildfires in Europe, Japan and US.
• Kerala in India suffered the heaviest rainfall and worst
flooding in nearly a century
Meanwhile, the International Energy Agency published data,
indicating that in 2018 carbon emissions were up 1.7%, as a
result of the fastest growth in energy use in the last six years.
The UK government has also released emissions data about
greenhouse gas emissions over the past year. The figures show
that emissions across the UK have fallen by 3% over the last
year, the equivalent the government says, of taking 5 million
cars off the road. Factors driving UK emissions down include
the fact that coal was the source of just 5% of electricity in
2018.
The government now says that carbon emissions are at their
lowest level since before the turn of the 20th century, when
Queen Victoria was on the throne.
World Meteorological Organization say that the global impacts of climate change are 'accelerating'
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April 2019
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April 2019
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