November 7th, 2008
An incident in which a man was crushed and suffered serious injuries in an accident at work has resulted in a prosecution by the Health and Safety Executive (HSE).
The unnamed 17-year-old man was working for Peter David Marquis at a waste transfer station in 2007 when an excavator moved back, pushing him into a skip.
He broke his femur and pelvis and suffered serious internal injuries.
Mr Marquis was fined £15,000 and ordered to pay £4,631.60 in costs for breaches of health and safety acts.
HSE inspector Stephen Garsed said the accident happened because the risks of working near machinery had not been assessed.
"It is now so easy to find that there can be no excuse for not knowing the standards to meet or for not making sure that risk assessments and operating procedures follow best practice," he commented.
All employers are obliged by law to ensure the safety of their employees under a duty of care.
They must provide a safe workplace, safe systems of work, safe equipment and safe fellow employees.
If any safety regulations are breached and an injury occurs as a result of this negligence, the victim may be eligible for compensation. The HSE will prosecute where appropriate employers that break the law.
Tags: Acts, Breaches, Duty Of Care, Excavator, Excuse, Fellow Employees, Femur, Health And Safety, Health And Safety Executive, Internal Injuries, Marquis, Negligence, Old Man, Pelvis, Peter David, Prosecution, Risk Assessments, Safe Systems Of Work, Safety Regulations
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September 19th, 2008
An accident in which a woman lost a leg has resulted in a fine for the company she worked for.
Lisa Ramos, 32, was hit by a forklift truck as she carried papers across a warehouse belonging to international distributors NYK Logistics in Derby.
She was seriously injured and, as a result, had to have her leg amputated below the knee.
NYK Logistics was fined £20,000, as well as £5,941 in costs, for breaches of regulations 4(1) and 17(1) of the Workplace Health Safety and Welfare Regulations 1992.
It was ruled that the company had not organised the workplace so that both pedestrians and vehicles could circulate safely.
Health and Safety Executive principal inspector Andrew Turner said: "Ms Ramos could have been killed as a result of this incident and has suffered a very serious injury, but it could have been avoided if NYK had taken a few simple measures."
Compensation may be awarded to people who have been injured in an accident involving a forklift truck if sufficient training has not been given or the safety measures in the workplace are insufficient.
Tags: Andrew Turner, Breaches, Executive Principal, Forklift Truck, Health And Safety, Health And Safety Executive, Health Safety And Welfare Regulations 1992, International Distributors, Logistics, Pedestrians, Principal Inspector, Prosecution, Quot, Safety Measures, Woman, Workplace Health Safety, Workplace Health Safety And Welfare Regulations, Workplace Health Safety And Welfare Regulations 1992
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August 18th, 2008
An activity centre has been prosecuted after a child suffered serious injuries while on a school trip, it has been revealed.
Kingswood Learning and Leisure – a provider of education and adventure school trips – was fined a total of £12,000 plus costs of £10,690 as a result of the incident during a hearing at Cromer magistrates’ court.
In April 2007, eight-year-old Mickey Carter-Browne fell six metres from a climbing wall, sustaining a broken ankle and bruising to his pelvis, upper leg and arms as a result.
He subsequently had to spend ten weeks in plaster and a further ten weeks on crutches.
Commenting on the case, Health and Safety Executive inspector Steve Gill said: "This was an unfortunate incident which could have been prevented had the correct safety procedures been followed and the staff undertaking the activities properly trained and supervised."
However, the adventure activities sector in general demonstrates good risk assessment and management practices, he added.
Tags: Adventure Activities, Adventure School, Broken Ankle, Climbing Wall, Crutches, Health And Safety, Health And Safety Executive, Magistrates Court, Management Practices, Pelvis, Plaster, Prosecution, Risk Assessment, Safety Procedures, School Trip, School Trips, Steve Gill, Unfortunate Incident, Upper Leg
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August 11th, 2008
The Health and Safety Executive (HSE) has warned employers to correctly manage the risks associated with asbestos after it prosecuted two Essex-based firms.
R Maskell of Loughton had been carrying out refurbishment work in Ipswich during 2005 when its workers discovered asbestos.
The firm subcontracted the asbestos removal to LCH Contracts.
However, when the HSE carried out an inspection, it was concerned that the material – exposure to which can cause a cancer called mesothelioma – had not been properly removed.
Its inspectors ordered work to cease in the building. R Maskell has now been fined £150,000 with court costs of £30,000, while LCH received a fine of £70,000 plus £13,821 costs.
HSE inspector Nicola Surrey said the prosecutions could easily have been avoided and that the case should act as a lesson to other employers.
"The HSE will not hesitate to take action against those who fall short of the law in such a way," she said, adding that asbestos must be properly managed to prevent people dying from diseases related to the substance in the future.
"If you are responsible for managing the maintenance and repair of a building, you must manage any asbestos in it," she commented.
The family of anyone who has died from mesothelioma could be eligible to seek damages for professional negligence against the company where they were exposed to asbestos.
Tags: Asbestos Removal, Cancer, Contracts, Damages, Diseases, Essex, Health And Safety, Health And Safety Executive, Hse, Ipswich, Loughton, Maskell, Mesothelioma, Nicola, Professional Negligence, Prosecution, Prosecutions, Refurbishment Work, Surrey
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July 15th, 2008
The manager of a clinic dealing with eating disorder patients has escaped prosecution despite sexually abusing more than 100 people, it has been reported.
According to the Daily Telegraph, 54-year-old David Britten took advantage of the vulnerable women who were being treated for anorexia and bulimia at the clinic in London.
Under the 1959 Mental Health Act, it is illegal for a male staff member to have sexual intercourse with a female patient on NHS property.
Solicitor Sarah Harman, who acted for 13 of Mr Britten’s patients, commented: "Under the current law he certainly would be able to face prosecution, many times over. Pre-2003 consent was a defence and he groomed them, these women were in love with him. Under the 1959 Act it would have to be proved sex took place on clinic premises."
Medical News Today reported recently that care home staff are at risk of prosecution if they allow patients with dementia to have sex.
Tags: Anorexia And Bulimia, Daily Telegraph, David Britten, Dementia, Disorder Patients, Eating Disorder, Escapes, Female Patient, Harman, Home Staff, Male Staff, Medical News, Mental Health Act, News Today, Property Solicitor, Prosecution, Sex Abuse, Sexual Intercourse, Staff Member, Vulnerable Women
Posted in Clinical Negligence News | No Comments »
