23.02.2011
Knowing the Risks
The first company to stand trial under the Corporate Manslaughter and Corporate Homicide Act 2007 has been fined £385,000 after being found guilty by the jury at Winchester Crown Court.
The conviction of Cotswold Geotechnical Holdings Ltd came after a two-week trial at the court, where the company answered charges by the Crown Prosecution Service in relation to the death of employee Alexander Wright on 5 September 2008.
In handing down the sentence on 17 February, the judge confirmed the company could pay the fine over a 10-year stretch, with £38,500 due every year of that period. The company does not have to pay any costs.
Mr Wright, 27, had been left working alone in a 3.5m-deep trench to ‘finish up’ after the managing director of Cotswold Geotechnical Holdings, Peter Eaton (pictured centre), left for the day.
A short time later, the trench collapsed on Mr Wright and buried him. On hearing his cry for help, one of the plot-owners called the emergency services while another ran to the trench where he found Mr Wright buried up to his head. He climbed into the trench and removed some of the soil to enable the junior geologist to breathe, but a further torrent of earth fell into the pit, covering Mr Wright completely. Despite the plot-owner’s best efforts to free him, Mr Wright died of asphyxiation.
Peter Eaton had originally been charged with manslaughter by gross negligence, as well as a health and safety offence, in his own capacity but these charges were dropped after a successful application by his defence team last October on the grounds of his poor health. The company also originally faced a separate health and safety offence, but this was dropped by the prosecution in January this year after the judge raised the issue of whether the two different burdens of proof for the two remaining charges might confuse a jury.
In convicting the company on 15 February, the jury found that the company’s system of work in digging trial pits was wholly and unnecessarily dangerous. The court heard the company ignored industry guidance, which prohibited entry into excavations more than 1.2 metres deep, by allowing junior employees to enter into and work in unsupported trial pits, typically from 2 to 3.5 metres deep.
Detective Inspector Giulia Marogna, of Gloucestershire Constabulary, who investigated the case with the support of the HSE, described Cotswold Geotechnical Holdings’ approach to health and safety as “cavalier”, and the way it taught and supervised its junior engineers as “inherently dangerous”.
She added: “Every year people are killed and seriously injured following the collapse of an excavation. This case should serve as a reminder to the construction industry that vertical sides of excavations can never be relied upon to stay up without support, no matter how stable the ground may appear to be.”
Kevin Bridges (pictured, far right), partner at Pinsent Masons, which represented Cotswold Geotechnical Holdings, said: “The company will, over the coming days, consider all of its options, including any potential grounds of appeal. It remains to be seen whether this case has provided any general assistance in the interpretation of what is the most serious offence that a company can commit, and whether it will give rise to wider problems for the CPS in prosecuting this new and controversial legislation in the future.”
On behalf of the company and Peter Eaton, Bridges said they had held Alex Wright “in the highest regard and deeply regret the tragic incident which resulted in the loss of this talented young man”.
Paul Verrico, a solicitor-advocate with Eversheds, said the case is unlikely to be a landmark in terms of a test of the new law, but believes the conviction “will doubtless be hailed by both the CPS and the HSE as a success”.
He added that the physical stress of the process will not have been lost on those holding senior positions. He said: “It is well documented that the managing director [Peter Eaton] has been very ill, in no small part due to the stress of being charged with manslaughter in his own right and the undoubted impact on his business.
Commenting on the level of the fine, Helen Devery, a partner at Berrymans Lace Mawer LLP, said: “The size of the fine is intended to make a significant impact on any organisation and, while Cotswold Geotechnical Holdings may have had a modest turnover, larger and more profitable organisations, successfully convicted, can expect fines well above the Sentencing Guidelines Council’s £500,000 starting point.”
Following the jury’s verdict, Mr Wright’s family revealed their relief that “justice has been done” but stressed that, having visited the trench site, they couldn’t believe that “any employer of good integrity or sound intentions would allow or expect any employee to commit themselves to such a danger”.
Source
23.02.2011
Knowing the Risks
A teenager suffered horrific burns when he was set alight while working with flammable chemicals at a construction depot in Kent.
On 26 October 2009, an 18-year-old man was spray-painting a lighting tower in a shed at O’Keefe Construction Ltd’s depot in Sevenoaks. He was using thinners in the process and accidently spilled some of the chemical on to his trousers. As he went to his locker to find a change of clothes, he walked near a gas burner, which was being used to heat the workshop. His clothes caught fire and he ran outside, where his colleagues used a hose to put out the flames.
He suffered serious burns to his legs, left arm and hand and spent 16 days in hospital. He has subsequently undergone skin-graft operations and was unable to return to work for six months.
The HSE’s investigation found that the company had failed to ensure that paint containers had their lids on, and they were not stored in fire-resistant boxes. HSE inspector, Caroline Penwill, revealed the firm should have been aware that mixing paint and thinners in the shed could potentially lead to an explosive atmosphere, and it should have ensured that no open flames were present in the same space.
She said: “The process of risk management involves assessing the risks that arise in the workplace and putting sensible health and safety measures in place to control them.
“In this case, the company had assessed the risks from paint-spraying and had identified measures to control the risks, but had not put them in place. It is important that the findings of a risk assessment are acted upon. Had the company done so, then this terrible incident could have been prevented.”
O’Keefe Construction Ltd appeared at Sevenoaks Magistrates’ Court on 15 February and pleaded guilty to breaching s2(1) of the HSWA 1974. It was fined £20,000 and ordered to pay £6329 in costs.
Following the hearing, a company spokesperson said: “We are deeply distressed following the accident in October 2009 and the injuries sustained by a member of our team. Following an investigation by the HSE, with whom we fully co-operated, and resulting in our plea of guilty, we would confirm that the company does not wish to be in this position ever again.
“We are constantly looking at ways to improve the business with health and safety being our number one priority. We are pleased to report that the injured party returned to work and remains within our employment. Our health and safety practices remain under constant scrutiny to ensure every member of our team has the surety of being safe in an environment which is accident and incident free.”
Source
23.02.2011
Knowing the Risks
A health and safety manager who suffered serious burns when a can of solvent exploded has received a suspended prison sentence for putting other workers at risk.
Chelmsford Crown Court heard that Phillip Dutton, 41, was responsible for health and safety at metal distributor, South Essex Stockholders Ltd. On 3 February 2009, he was burning the contents of a skip at the firm’s depot in Vanguard Way, Shoebury in order to compact the waste.
He asked a junior member of staff to fetch a can of surface cleaner so he could pour it into the flames as an accelerant. When he poured the solvent into the fire, it ignited and caused the can to explode and shower him with the substance. He suffered serious burns across his body and spent four months in hospital receiving treatment, including skin grafts.
Southend-on-Sea Borough Council environmental health officer, Dan Jarvis, told SHP there was a culture of adding accelerants when burning waste in skips at the site, and Dutton had not identified the risks associated with adding flammable substances to fires. He said: “As health and safety manager, Mr Dutton should have realised the risks associated with adding flammable solvents to a fire. He put other workers at risk by carrying out this action and by allowing this practice to be carried out at the site. Furthermore, our investigation found that there were inadequate procedures in place to ensure that hazardous substances were stored in a safe place.”
Dutton appeared in court on 15 February and pleaded guilty to breaching s7 of the HSWA 1974. He was given a four-month prison sentence, which has been suspended for two years. He was also ordered to pay £5000 towards costs.
In mitigation, Dutton, who now resides in Cyprus, admitted that he had been foolish to add the solvent to the fire. He urged the judge to be lenient with his sentence as he has already suffered significantly from his own mistake.
His employer, South Essex Stockholders Ltd, was found guilty on 9 December of breaching s2(1) of the HSWA 19.
Source
25.01.2011
Occ Health
In a rare prosecution under vibration Regulations, Cheshire East Council has been ordered to pay more than £11,000 in penalties after an employee developed severe hand arm vibration syndrome (HAVS).
The mechanic had regularly used heavy-duty vibrating equipment, including pneumatic drills and handheld grinders, since starting work with Crewe and Nantwich Borough Council (now part of Cheshire East) in 1984.
His employer first identified he was suffering the early stages of HAVS in July 2005 and recommended he receive annual assessments. But after one reassessment in 2006, there was no follow-up until 2009.
He now finds it difficult to pick up small objects, such as coins, and his hands become painful in cold weather.
The HSE’s investigating inspector Chris Goddard said the council had failed to take any significant action for more than four years.
“It should have limited the amount of time he spent using vibrating equipment, or provided alternative tools,” he said. “Instead, he was allowed to continue with his job without any changes.”
The council pleaded guilty to breaching Regulations 5(1) and 6(1) of the Control of Vibration at Work Regulations.
These require employers that might expose workers to vibration to carry out a suitable risk assessment and then either eliminate any risk at source or reduce it as low as is reasonably practicable.
At South Cheshire Magistrates’ Court on Friday (21 January), the council was fined £5300 with costs of £5860.
Source
06.01.2011
Events, First Aid, Training Courses
We have begun populating the 2011 calendar for training course dates, however if you have specific dates in mind, please contanct us using the link at the bottom…
2011 First Aid at Work Certificate Course – 4 day course £175*
January – Thursday 27th January, 3rd, 10th, 17th February 2011 – Course closed
February – Booking closed – Course closed
March – Wednesday 9th, 16th, 23rd & 30th March 2011 – Course closed
April - Course closed
May – Wednesday 4th, 11th, 18th & 25th May 2011 – Course closed
June – Thursday 9th, 16th, 23rd & 30th June 2011 – Course closed
July – Contact Us! 028 92629911 – Course closed
August – Wednesday 17th, 24th, 31st August & 7th September 2011 – Course closed
September – Wednesday 28th September, 5th & 12th October 2011 – Course closed
October – Contact Us! 028 92629911
November – Tuesday 8th, 15th & 22nd November 2011 – Course closed
2011 First Aid at Work Refresher Course – 2 day course £100*
January -Tuesday 25th January & 1st February 2011 – Course closed
February – Tuesday 22nd February & 1st March 2011 – Course closed
March – Monday 14th & 21st March 2011 – Course closed
April – Thursday 7th & 14th April 2011 – Course closed
May – Thursday 19th & 26th May 2011 – Course closed
June – Wednesday 15th & 22nd June 2011 – Course closed
July – Contact Us – 028 92629911 – Course closed
August – Thursday 18th & 25th August 2011 – Course closed
September – Thursday 15th & 22nd September 2011 – Course closed
October – Thursday 13th & 20th October 2011 – Course closed
November – Thursday 17th & 24th November 2011 – Course closed
2011 Emergency First Aid at Work Course – 1 day course £50*
January -Monday 24th January 2011 – Course closed
February – Monday 28th February 2011< – Course closed
March – Monday 28th March 2011 – Course closed
April – Monday 18th April 2011 – Course closed
May – Course closed
June – Monday 27th June 2011 – Course closed
July – Monday 25th July 2011 – Course closed
August – Course closed
September – Monday 26th September 2011 – Course closed
October – Monday 31st October 2011 – Course closed
November – Monday 28th November 2011 – Course closed
*Prices are subject to VAT
Click here to request more information, prices etc
or call us on 028 92629911
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Tuesday 22nd February & 1st March 2011
30.11.2010
Evac+Chair, Products
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“A week of BBC features looking at the issues facing people with disabilities – Access All Areas – is getting under way.”
“Disability affairs correspondent Peter White looks at how much more needs to be done to end discrimination, 40 years after the first Disability Act.”
http://www.bbc.co.uk/news/health-11857490
15.10.2010
Products, RH Chairs
From the RH Blog
“We are constantly drumming on about the return on Investment from RH Chairs. With a 10 year guarantee we stand behind our chairs and expect them to last a long time. However, even we were surprised recently when we got a call from a doctor in London about a broken chair. When we looked into the chair it turns out it was over 18 years old.”
“It was being used by a Doctor in her home for the last 18 years. It had been trouble free all that time with even the upholstery still intact. A small problem with the mechanism developed but RH were able fix the chair and deliver it back to the happy customer.”
“The Doctor, who preferred not to be named was delighted that RH were able to fix the chair as she had become quite attached to it over the last 18 years. If you want to talk about return on investment and products that stand the test of time what a great example.”
14.09.2010
Evac+Chair, Products
Evac+Chair International has been awarded the ISO 13485:2003 standard, in recognition of the company’s achievement in setting the highest quality standards for the manufacture of its complete range of specialist medical devices, which includes the country’s market-leading evacuation chair.
ISO 13485 is an internationally-recognised standard developed to ensure that companies producing Class 1 and Class 2 medical devices consistently meet regulatory requirements.
In order to attain the standard, Evac+Chair International demonstrated the ability to adhere to strict quality management systems used to design and manufacture its product range. The standard applies to the company’s complete product range – its evacuation chairs and its specialist ParAid Medical range of medical handling and transportations systems, which are used by a variety of ambulance and air ambulance services.
Mark Wallace, managing director of Evac+Chair International, said: “Achieving the ISO 13485 standard is very important for Evac+Chair International as it recognises the expertise of our teams in interpreting the needs of our customers and maintaining quality standards throughout our entire manufacturing process.”
“Achieving the ISO standard will support the business’ growth strategy by opening up new opportunities to develop and manufacture Class 2 Medical Devices for our customers, in the UK and internationally. This achievement sets us apart as a leading example of manufacturing best practice to the sector.”
20.08.2010
First Aid, Training Courses
The next date for this course will be Wednesday 15th September 2010. It will be held in Lisburn and the day lasts from approximately 9.30am to 4.30pm.
This course is suitable for employees who are to take control of an emergency situation (in low risk working environments) and/or in the absence of a fully qualified First Aider in other work places.
Currently there are still places available and the cost is £50+vat per person, which includes a training booklet, certificate and refreshments during the break.
Please contact Joanne on 028 9262 9911 if you wish to book onto this course.
19.08.2010
First Aid, First Aid Equipment, Occ Health, Products, Training Courses
Ensuring your risk assessments are thorough and your staff are adequately trained is something which can sometimes get overlooked, especially in today’s economic climate. This could mean your attention is focused elsewhere (the accounts!). But this is something which cannot be overlooked as these following articles point out!
If you have any questions on our products or services and how they can help your business, or need advice on any worries which you may be having, please feel free to contact us.
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