Birmingham Magistrates’ Court heard how the company were unable to produce a certificate of insurance during an inspection which was part of an initiative with West Midlands Police and Birmingham City Council.
An investigation by the Health and Safety Executive (HSE) following the discovery in January 2018, found that the company did not have employers’ liability insurance in place so were unable to produce a certificate. Employers’ liability insurance ensures employers have at least the minimum level of insurance to cover against claims brought by employees that are injured at work or become ill as a result of their work.
A E Motors Birmingham Ltd Florence Street, Birmingham pleaded guilty to breaching Section 4(2)(b) of the Employers’ Liability (Compulsory Insurance) Act 1969 and have been fined £726 and ordered to pay costs of £557.
Speaking after the hearing HSE inspector Karen Sweeney said: “Employers carrying out a business in the United Kingdom must have Employers’ liability insurance in place. There have been over 7,000 injuries and 33 fatalities during the past five years in motor vehicle repair shops. Should an incident have occurred at the premises the failure to have insurance would mean that employees may not get any compensation for any injuries or ill-health attributable to their work.”
If you are unsure if your business is currently compliant then contact us today for a free, no obligation, on site workplace inspection.
Huntingdon Magistrates’ Court heard how, on 22 February 2016, the employee of Cambus Limited trading as Stagecoach East, lost control of the bus he was driving as he negotiated a gap in the guided section of the track. The bus jumped over the track, travelled across an adjacent path and came to rest up the side of a grassy embankment. As a result, five of his passengers suffered injuries which included a fractured spine, pelvis, ribs and whiplash.
An investigation by the Health and Safety Executive (HSE) found Mr Le was reading a time duty card whilst driving and therefore had no vision of the busway ahead nor did he have a grip of the steering wheel. The investigation also found Mr Le was driving at speeds of 52mph when the maximum recommended speed in that area was 30mph.
Mr Van Chuyen Le of Kent Road, Huntingdon, pleaded guilty to breaching Section 7(1) of the Health & Safety etc Act 1974 and has been sentenced to 12 weeks imprisonment, suspended for 12 months, and ordered to pay costs of £2,000.
Speaking after the case, HSE inspector Nigel Fitzhugh said: “Drivers of guided buses must remain vigilant at all times. It is especially important to do so when driving on guided sections as the absence of steering control may create a sense that full control of the bus is being maintained.
“Members of the public should be assured that HSE seriously considers the risks to their health and safety and takes appropriate enforcement action where necessary.”
If you require expert Health and Safety advice then contact us today for a free no nonsense chat.
Manchester Magistrates’ Court heard how, on 10 March 2017, an employee of Meredith and Eyre Limited was in the process of lifting a stack of three trailer chassis using a fork lift truck, when a load shifted on the forks and struck another employee. The injured employee suffered from four spinal fractures, a broken left scapula, a broken rib and wounds to his head, shoulder, and ankle.
An investigation by the Health and Safety Executive (HSE) found the work had not been properly planned and there was no safe system of work in place. The company should have made sure the stack of chassis was secure and stable on the forks and would not shift when the load was raised. Simple steps such as identifying the correct centre of gravity and ensuring the forks were placed at that point, providing employees with refresher training on lifting loads and removing the need for the stack to be steadied by hand, would have controlled the risk and prevented the employee’s injuries.
Meredith and Eyre Limited of Broadway Industrial Estate, Hyde, Cheshire, pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work Act 1974 and has been fined £12,000 and ordered to pay costs of £1,745.16.
Speaking after the hearing, HSE inspector Roger Clarke said: “The incident could so easily have been avoided by simply putting in place the correct control measures and safe working practices.
“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
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Leeds Magistrates court heard how, on 9 August 2017, a lorry driver was delivering wheat to Low Newstead Farm in Ripon when it tipped onto the floor of a shed through the open rear door of the trailer. Whilst walking to the rear of the trailer, the driver lost his footing in a heap of grain, which was formed by the load being discharged, and put his hand out to steady himself; his left arm came into contact with a rotating auger and was drawn in.
An investigation by the Health and Safety Executive (HSE) found that a crucial interlocking device was not functioning at the time of the incident, allowing the auger to run when the tailgate was open. It also found that the emergency stop device for the discharge mechanism failed to function, as it was operated through the same circuitry.
H Walton Ltd of Old Goole Mill, South Park Road, Goole, pleaded guilty to breaching Regulation 11 (3)(C) of the Provision and Use of Work Equipment Regulations 1998 and has been fined £200,000 and ordered to pay £531.40 in costs.
For a free Health and Safety audit contact us today
Commercial vans and trucks are the highest polluters in the UK, this has resulted in Natural Gas Vehicles (NGV’s) set to hit our shores.
NVG’s come in two variants, Liquefied Natural Gas (LNG) is natural gas stored as a super-cooled (cryogenic) liquid and Compressed Natural Gas (CNG) which is mostly methane and is stored on the vehicle in high-pressure tanks.
Iveco are the sole manufacturer and importer of NGV’s into the UK. Last year an Iveco Stralis NP (natural power) completed the 850-mile journey from John O’Groats to Land’s End on a single fill of liquified natural gas (LNG) making hauliers and distributors alike prick up their ears.
Next month Ocado are due to take delivery of 29 NGV’s at their Hatfield depot, in response Iveco have instructed the UK & ROI Dealer Network to be compliant with appropriate safety regulations on their sites.
We are delighted to have been asked to produce Health & Safety ‘Safe Working Practice’ including ‘Safe Working Area’ documentation, Danderous Substances and Explosive Atmosphere Regulations 2002 Policy and Risk Assessments to ensure each dealer, Authorised repairer or Distributor satellite, near and beyond the Hatfield depot are compliant to relevant regulations.
Iveco and Safety Consultants Services believe a massive growth for the NGV network over the forthcoming years and as such more commercial van and truck repairs will require compliance.
If you require NGV safety advice, now or in the future, please contact us
The Health and Safety Executive (HSE) investigated and have prosecuted Faltec Europe Limited in relation to both incidents.
Five people fell seriously ill following the Legionnaires’ disease outbreak and one worker suffered serious burns from the explosion incident.
Newcastle Crown Court heard that between October 2014 and June 2015, two employees, two agency workers and a local resident fell seriously ill with Legionnaires Disease. HSE found the illness was caused by Faltec’s failure to effectively manage its water cooling systems within the factory, causing the legionella bacteria within the water supply to grow to potentially lethal levels.
In relation to the explosion incident, the same court heard that on 16 October 2015, an operator attempted to recover a part that came off production rollers at the plant in Boldon. There is an explosive atmosphere within the machine during normal production. The part he was retrieving came into contact with an electrostatic grid, which created a spark and caused a dust explosion. The 19-year-old man suffered first degree burns to his face and arms. HSE found that adequate measures were not put in place to protect operators from explosion risks, this was despite previous explosions having occurred.
Concerning the legionella incident, Faltec Europe Limited of Didcot Way, Boldon in Tyne and Wear pleaded guilty to breaches of Section 2 (1) and 3 (1) of the Health and Safety at Work Act 1974 (HSWA) and was fined £800,000. In relation to the explosion, the company pleaded guilty to breaching Section 2 (1) of HSWA and was fined £800,000. The company was also ordered to pay costs of £75,159.73 and a victim surcharge of £120.
Speaking after the hearing, HSE inspectors Fiona McGarry and Michael Kingston said: “The explosion and outbreak of Legionnaires’ disease at the Faltec factory had a major impact on the six people affected, with some suffering long-term ill-health as a result. In addition, the incidents raised concern amongst other employees and the local community.
“Supported by colleagues from Public Health England and South Tyneside Council HSE investigated and identified breaches in both cases. In pleading guilty to three charges under the Health and Safety at Work Act 1974 the company have acknowledged these breaches.
“Legionnaires” disease is a relatively uncommon, but potentially fatal form of pneumonia. When water systems are not properly controlled and maintained there is a risk of exposing both employees and the wider community to Legionella bacteria. Following the outbreak, and HSE enforcement, improved control measures have now been implemented by the company to better manage the Legionella risks at the site.”
“Furthermore, where dangerous substances create a fire and explosion risk, there needs to be adequate control measures in place to prevent an explosion or mitigate the consequences. The risks should have been assessed before the machine was put into use and the previous incidents should have resulted in a comprehensive review by a competent person. Operators need to be trained on the fire and explosion risks and understand the required controls”.
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GDPR Online
All documentation produced by our consultants can now be stored in one simple location by simply logging in.
Please contact us for more information
The ICO envisage completing this process can take up to 10 months therefore time is of the essence.
We will attend site and carry out an initial Data Protection Impact Assessment (DPIA) to identify any shortfalls.
Supply dedicated updates to forms, policies and briefings.
Supply a Service Level Agreement.
Inform and advise your company and employees about their obligations to comply with the GDPR and other protection laws.
Monitor compliance with the GDPR and other protection laws including managing internal data protection activities, provide staff training and conduct quarterly internal audits.
Provide privacy notices, consent forms and policies.
Monitor ongoing compliance.
Provide up to date guidance including unlimited helpline calls and emails.
Help manage access requests or requests made under the other powers for individuals.
Visit site as often as required until implementation is complete.
Now here is the important bit ….. the cost!!!
All of this for as little as £350 + vat per day with no hidden cost or additional fee’s.
GDPR will completely change how you handle personal information, from one end of your organisation to the other. SCS has the Knowledge and Resources to implement GDPR into your organisation without any disruption to the day to day running of your business. Call us today for a free no obligation quote.
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