Safety News

The Ministry of Defence (MoD) has been issued with a Crown Censure by the Health and Safety Executive (HSE) after a military diver died during training.

On 14 November 2018, 26-year-old Marine Benjamin McQueen was brought back to surface after he became separated from other divers. He was sadly pronounced dead after CPR was performed.

He had been involved in a maritime training exercise when the incident occurred in Portland Harbour.

HSE served two Crown Improvement Notices on 25 February 2019 relating to the failure to conduct suitable and sufficient risk assessments for the exercise. MoD rectified these issues by 12 March 2019.

Nick Deppe, an HSE inspector who specialises in diving, said: “This was a tragedy for all concerned, however just like any other employer, the MoD has a responsibility to reduce dangers to its personnel, as far as they properly can. The scenario of a diver becoming separated is a very real risk that needs to be managed.”

By accepting the Crown Censure, the MoD has acknowledged that but for crown immunity, there was sufficient evidence to provide a realistic prospect of conviction for breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

Notes to Editors: 

1. As a Government body, the MoD cannot face prosecution in the same way as private or commercial organisations this is known as Crown Immunity.
2. Section 2(1) of the Health and Safety at Work etc. Act 1974, states that: “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees”.
3. There is no financial penalty associated with a Crown Censure.
4. More information on Crown Censures can be found here: http://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-enforcement.htm ^[1]
5. The Code for Crown Prosecutors ^[2] sets out the principles for prosecutors to follow when they make enforcement decisions. HSE’s approach to Crown Censure is set out in its enforcement policy statement^[3].

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A Health and Safety Executive (HSE) prosecution is being brought against Essex Partnership University NHS Foundation Trust (EPUFT) following an investigation into North Essex Partnership University NHS Foundation Trust (NEPUFT).

HSE has investigated how NEPUFT managed environmental risks from fixed potential ligature points in its inpatient wards between 25 October 2004 and 31 March 2015.

Essex Partnership University NHS Foundation Trust of The Lodge, Lodge Approach, Runwell Wickford, Essex will face a charge under Section 3(1) Health and Safety at Work Act 1974.

The first hearing is due to take place on 12 November 2020 at Chelmsford Magistrates’ Court.

 

Notes to Editors

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk
4. Until the 1 April 2015, decisions whether or not to investigate patient safety matters in England were made in line with our HSWA Section 3 policy: http://www.hse.gov.uk/enforce/hswact/priorities.htm. After this date, the Care Quality Commission (CQC) became the lead inspection and enforcement body under the Health and Social Care Act 2008 for safety and quality of treatment and care matters involving patients and service users in receipt of a health or adult social care service from a provider registered with CQC.
5. HSE has not investigated individual patient deaths as this does not fall within our remit.
6. The investigation timescales predate the existence of Essex Partnership University NHS Foundation Trust which came into existence when North Essex Partnership University NHS Foundation Trust (NEPUFT) merged with another trust.

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Health and safety inspectors across Great Britain will be targeting construction firms to check that their health standards are up to scratch during a month-long inspection initiative, starting on Monday 5 October 2020.

This is the fourth health-focused initiative of its kind. As in previous years, inspections will focus on respiratory risks and occupational lung disease; looking at the measures businesses have in place to protect their workers’ lungs from the likes of asbestos, silica and wood dust. This is part of HSE’s longer term health and work strategy to improve health within the construction industry.

While the primary focus will be on health during this programme of inspections, if a HSE inspector identifies any other areas of concern, they will take the necessary enforcement action to deal with them. This will include making sure that businesses are doing all they can to protect their workers from the risk of coronavirus and make workplaces COVID-secure.

Inspectors will also be looking for evidence of employers and workers knowing the risks, planning their work and using the right controls. If necessary, they will use enforcement to make sure people are protected.

The construction initiative will be supported by HSE’s ‘Dustbuster’ campaign, aimed to influence employer behaviour by encouraging builders to download free guidance and advice, increasing knowledge and capability to protect workers’ health.

More than 3,500 builders die each year from cancers related to their work, with thousands more cases of ill-health and working days lost.

HSE’s chief inspector of construction, Sarah Jardine, said: “Around 100 times as many workers die from diseases caused or made worse by their work than are actually killed in construction accidents.

“Our inspection initiatives ensure that inspectors are able to speak to dutyholders and visit sites to look at the kind of action businesses in the construction industry are taking right now to protect their workers’ health, particularly when it comes to exposure to dust and damage to lungs.

“There are a few simple things that everyone can do to make sure they are protecting their health and their future. Be aware of the risks associated with activities you do every day, recognise the dangers of hazardous dust and consider how it can affect your health. We want businesses and their workers to think of the job from start to finish and avoid creating dust by working in different ways to keep dust down and wear the right mask and clothing.”

For more information on the programme of inspections follow the campaign on Twitter at @H_S_E, or on Facebook @hsegovuk and @SaferSites. You can also join the conversation at #Dustbuster. To sign up for HSE’s construction e-bulletin go to: hse.gov.uk/construction/infonet.htm

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
2. HSE news releases are available at http://press.hse.gov.uk

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Wembley Scaffolding Services Limited has been fined following an incident where a worker fell five metres and suffered a fatal head injury.

Southwark Crown Court heard how, on 16 February 2017, two operatives were dismantling a scaffold on Cricklewood Broadway, London, during this process the scaffold collapsed resulting in one of the operatives falling at least five metres onto a concrete pavement, causing serious head injuries. He later died from these injuries on 4 March 2017.

An investigation by the Health and Safety Executive (HSE) found that Wembley Scaffolding Services Limited’s director, Sean Chapple, failed to carry out a suitable risk assessment, plan the work and provide a design for erection and dismantling of the scaffold. Sean Chapple himself was not knowledgeable about the measures required to do this without putting people at risk and therefore didn’t follow the correct measures to ensure safe erection and dismantling of the scaffold.

Wembley Scaffolding Services Limited, Hillier Hopkins Llp, Radius House, Clarendon Road, Watford, pleaded guilty to breaching Regulation 3(3)(b) of the Work at Height Regulations 2005 and 8(b)ii; Section 33(1)(c) of the Health and Safety at work etc. Act 1974. The company was fined £7,860 and ordered to pay costs of £8,940.

Director, Sean Chapple of York Road, Northwood pleaded guilty to breaching Regulation 8(2)(ii) of the Work at Height Regulations 2005; sections 33(1)(a) and 37(1) of the Act; Section 33(2) and Schedule 3A to the Act (as amended by section 1 of the Health and Safety (Offences) Act 2008. He was fined £1,000, received a 12 week prison sentence suspended for one year and was ordered to pay costs of £11,000.

After the hearing HSE inspector Saif Deen said: “This tragic incident led to the avoidable death of a young man. The case highlights the importance of following industry guidance in order to design and erect scaffolding in a safe manner, to prevent risk to workers using the scaffold. The death could have been prevented had the employer acted to identify and manage the risks involved, and to put a safe system of work in place.”

 

 

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/ ^[2]
3. HSE news releases are available at http://press.hse.gov.uk

4. Further information about scaffolding available at  https://www.hse.gov.uk/construction/safetytopics/scaffoldinginfo.htm

 

 

 

 

 

 

 

 

 

 

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A specialist industrial services company has been fined after a worker suffered a fatal injury whilst cleaning waste-water pipes.

Birmingham Magistrates’ Court heard how, on 18 June 2017, Joseph McDonald, an employee of Leadec Limited, was using high-pressure water jetting equipment to clear paint residue from pipes in the paint shop at a car manufacturing site in Solihull. During the process Mr McDonald was struck by the end of flexi-lance, causing a fatal injury.

An investigation by the Health and Safety Executive (HSE) found that the company recognised the risks of operating high-pressure water jetting equipment, but they had failed to put in place appropriate measures to mitigate the risks. They had not implemented or enforced the use of various control measures such as a pressure regulator or an anti-ejection device, which were missing at the time of the incident and, training and supervision were also not up to standard.

Leadec Limited of Leadec House, Academy Drive, Warwick pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £2,000,000 and ordered to pay £30,000 in costs.

Speaking after the hearing, HSE inspector Richard Littlefair said: “Companies must understand that high risk activities require a thorough risk assessment process and robust management systems to protect their employees from risk of serious or fatal injuries.

“It is not good enough for companies to assume they are doing all they can to control the risk just because there have been no previous incidents. Joseph McDonald’s death could have been prevented had Leadec Limited had the necessary control measures and management systems in place to protect its employees.”

 

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk

 

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Bolton and Trafford are the latest areas the Health and Safety Executive (HSE) is specifically targeting with spot inspections to ensure workplaces are COVID-secure.

Following a rise of COVID-19 cases in both Bolton and Trafford, they have been put into local lockdown measures. To ensure businesses in these areas are following the COVID-secure guidelines, HSE inspectors are calling and visiting businesses to carry out spot inspections.

During the spot inspections, the HSE provides advice and guidance to manage risk and protect workers and visitors but, where some businesses are not managing this, we will take immediate action. This can range from the provision of specific advice, issuing enforcement notices, stopping certain work practices until they are made safe and, where businesses fail to comply, this could lead to prosecution.

To support the understanding of the rise in coronavirus cases in the area, HSE is working alongside local public health authorities and the local councils.

To be COVID-secure means businesses need to keep up to date with the latest guidance and put measures in place to manage the risk and protect workers and others. There are practical steps that businesses can take:

• Carry out a COVID-19 risk assessment
• Develop increased cleaning, hand washing and hygiene procedures
• Maintain 2m social distancing where possible
• Where people cannot be 2m apart, manage transmission risk

Sally Nicholson, HSE Head of Operations, North West, said: “Becoming COVID-secure needs to be a priority for all businesses, especially in Bolton and Trafford.

“As we have seen a rise in COVID-19 cases in these areas, it is essential workplaces take reasonable steps to control the risk and protect people from coronavirus. This means making business adjustments to become COVID-secure.

“We advise employers to work with their employees when implementing changes, to help increase confidence with workers, customers and the local community while reducing the risk of transmission. Simple steps can help save lives.”

As inspections are ongoing, HSE has been utilising different ways to gather intelligence and reach out to businesses across Bolton and Trafford with a combination of site visits, phone calls and through collection of supporting visual evidence such as photos and video footage.

All businesses are in scope for inspections, that means any size business in any sector can receive an unannounced inspection.

Some of the common issues HSE inspectors are finding include: failing to provide arrangements for monitoring, supervising and maintaining social distancing, failing to introduce an adequate cleaning regime – particularly at busy times of the day – and providing access to welfare facilities to allow employees to frequently wash their hands with warm water and soap.

Francine Cheney, HSE Head of Operations for Construction, said: “All businesses in Bolton and Trafford are in scope for spot checks which means businesses of any size, in any sector can receive an unannounced visit from us to ensure they are COVID-secure.

“We want all workers to remain safe in the workplace and to continue to follow government guidelines travelling to and from work, back at home and socially as this can make a real impact in halting the spread of coronavirus.

“By making sure that businesses have measures in place to manage the risks, we can benefit the health of the local community as well as support the local and national economy.”

For more information on spot inspections, see hse.gov.uk

 

Ends

 

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. https://www.hse.gov.uk
2. HSE news releases are available at https://press.hse.gov.uk
3. For HSE’s working safely guidance see https://www.hse.gov.uk/coronavirus/working-safely/index.htm

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The Ministry of Defence (MoD) has been issued with a Crown Censure by the Health and Safety Executive (HSE) after a military diver died during training.

On 26 March 2018, 27-year-old Lance Corporal George Partridge was brought back to surface after he stopped responding to lifeline signals while he was underwater. He was sadly pronounced dead after CPR was performed. He had been on a training course at the National Diving and Activity Centre in Chepstow. Lance Corporal Partridge and his dive buddy were tasked with attaching a distance line from the base of a shot line to the underwater wreck of a helicopter at a depth of 27m. When he was recovered his cylinders were found to be empty.

HSE served two Crown Improvement Notices relating to the failure to train all army divers how to undertake air endurance calculations and to assess the risk of a diver running out of air.

Julian Turvey, a HSE inspector who specialises in diving, said:

“This was a tragedy for all concerned however just like any other employer, the MoD has a responsibility to reduce dangers to its personnel, as far as they properly can. The scenario of a diver running out of air is a very real risk that needs to managed.”

Today, at Whale Island, by accepting the Crown Censure, the MoD admitted breaching its duty under Section 2(1) of the Health and Safety at Work etc. Act 1974 in that they failed to ensure, so far as was reasonably practicable, the health, safety and welfare at work of all its employees, including George Partridge, in relation to the risks associated with diving exercises.

 

 

Notes to Editors:

1. The breach of law the Censure is being issued over is: Section 2(1) of the Health and Safety at Work etc. Act 1974, which states that: “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees”.
2. The MoD cannot face prosecution in the same way as non-Government bodies and a Crown Censure is the maximum sanction for a government body that HSE can bring. There is no financial penalty associated with Crown Censure, but once accepted is an official record of a failing to meet the standards set out in law.
3. More information on Crown Censures can be found here: http://www.hse.gov.uk/enforce/enforcementguide/investigation/approving-enforcement.htm ^[1]
4. The Code for Crown Prosecutors ^[2] sets out the principles for prosecutors to follow when they make enforcement decisions. HSE’s approach to Crown Censure is set out in its enforcement policy statement^[3].

 

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