November 2nd, 2009
A hospital trust is facing a compensation claim after it was fined £10,000 when a vulnerable patient in its care fell out of a first-floor window and suffered serious injuries.
North East Essex Primary Care Trust admitted breaching Section 3(1) of the Health and Safety at Work Act after Charles Preston, a partially-sighted 68-year-old, suffered breaks to his shoulder, pelvis and coccyx when he fell.
The incident occurred at the Clacton & District Hospital in March 2008.
Following the court ruling, Mr Preston has announced his intention to sue the trust.
Kim Wicks, the Health and Safety Executive inspector who investigated the case, said the accident could have been avoided.
"The control measures, in this case window restrictors, to prevent this risk are easy to fit and maintain," she said.
Last week, the Herald reported that student Jonathan Harvey was going to sue Plymouth City Council after he fell 20ft through a broken fence on council property.
Tags: Broken Fence, Case Window, Charles Preston, Clacton, Coccyx, Compensation Claim, Control Measures, East Essex, Health And Safety, Health And Safety At Work, Health And Safety At Work Act, Health And Safety Executive, Hospital Trust, Jonathan Harvey, Pelvis, Plymouth City Council, Primary Care Trust, Safety At Work, Section 3
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October 7th, 2009
The Health and Safety Executive (HSE) has issued a warning to the agriculture industry following an incident in which a man was killed at work.
Colin Neil McCourt, 55, was an agency worker and was welding a tip bucket at Nutberry Moss Works in Annan in January 2008 when it moved and pinned him against the floor.
He died as a result of his injuries and the HSE prosecuted the owners of the firm, Humax Horticulture.
The company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £23,300 for the negligence which ultimately led to the accident.
HSE inspector Jean Edgar said: "Employers who take on agency staff … should not provide any lesser standard of health and safety protection for these people than they would for their own employees."
According to additional statistics published on the HSE website, industry sectors with significantly higher than average injury rates in 2007-08 included agriculture, hunting, forestry and fishing, construction and transport, storage and communication.
Tags: Agency Staff, Agriculture Industry, Edgar, Forestry, Health And Safety, Health And Safety At Work, Health And Safety At Work Etc Act 1974, Health And Safety Executive, Horticulture Company, Horticulture Industry, Hse Website, Hunting, Industry Sectors, Mccourt, Moss, Negligence, Safety At Work, Safety Protection, Section 3
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September 26th, 2008
Two companies have been prosecuted by the Health and Safety Executive (HSE) after a man was killed while operating a forklift truck at work.
Shane Neal, 34, was manouvering the vehicle on a Building Research Establishment (BRE) site in 2003 when it overturned and landed on top of him.
It was found that Mr Neal had not received sufficient training to allow him to operate the vehicle.
Welwood Roofing Services admitted to a breach of section 3(1) of the Health and Safety at Work Act 1974 and was fined £50,000, plus costs of £25,000.
Meanwhile, BRE was fined £17,500 with £12,000 costs after pleading guilty to a breach of Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998.
HSE inspector Alison Ashworth said: "Mr Neal’s death could have been avoided had the companies involved carried out checks to confirm whether or not he knew of the dangers of forklift trucks and how to drive them safely."
No worker should be employed to operate a lift truck unless he or she has satisfactorily completed training and testing.
If an employee sustains injury while operating a forklift without training, then that employee may well have a valid claim for compensation against his or her employer.
Tags: Alison, Ashworth, Building Research Establishment, Forklift Training, Forklift Truck, Forklift Trucks, Health And Safety, Health And Safety At Work, Health And Safety At Work Act, Health And Safety At Work Act 1974, Health And Safety Executive, Hse, Provision And Use Of Work Equipment, Provision And Use Of Work Equipment Regulations, Provision And Use Of Work Equipment Regulations 1998, Quot, Roofing Services, Safety At Work, Section 3
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September 12th, 2008
North Tyneside council is to be prosecuted following an accident in which a pedestrian was killed.
Brian Kindred was hit by a refuse truck in May 2006 in Allanville, Camperdown and died from his injuries.
Health and Safety Executive inspector Stephen Britton said the safety measures in place were inadequate.
"There was no supervision in place, training was cursory and did not cover guiding vehicles in any way," he commented.
Mr Britton added that had the truck operator been trained to warn pedestrians if they were close to the vehicle, the accident may not have happened.
The council pleaded guilty to a breach of Section 3 of the Health and Safety at Work Act 1974.
Pedestrians are one of the most at risk groups from being seriously injured if they are involved in a road traffic collision, which is why pedestrians must be given right of way by motorists.
A compensation claim can be made for injuries if it can be proven that the driver of the vehicle was responsible for the collision.
Tags: Britton, Camperdown, Compensation Claim, Health And Safety, Health And Safety At Work, Health And Safety At Work Act, Health And Safety At Work Act 1974, Health And Safety Executive, Motorists, North Tyneside Council, Pedestrian, Pedestrians, Risk Groups, Road Traffic, Safety At Work, Safety Measures, Section 3, Traffic Collision, Truck Accident, Truck Operator
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September 11th, 2008
The Health and Safety Executive (HSE) has prosecuted two companies following an incident in which a worker sustained a serious injury.
Lorry driver John Rooney was standing on the back of a subcontractor’s vehicle in March 2006, assisting the movement of some glass panels.
However, the lorry was not level with the ground and one of the 600 kg panels fell onto him, breaking his pelvis.
Scheldebouw UK – the subcontractor – was fined £20,000 and costs of £10,000 for breaching Section 3(1) of the Health & Safety at Work Act.
Brookfield Construction – a multinational firm with operations in Australia, the Middle East and the UK – was fined £18,000 and costs of £9,962 for breaching the same act.
HSE inspector Lisa Chappell said: "This incident once again highlights the need for contractors to ensure that all aspects of lifting and removal operations are fully planned."
She added that safety measures should be communicated to all workers.
Tags: Amp, Australia, Brookfield, Glass Panels, Health And Safety, Health And Safety Executive, Hse, John Rooney, Lisa Chappell, Middle East, Multinational Firm, Pelvis, Removal Operations, Safety At Work, Safety Measures, Section 3, Subcontractor, Work Act
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