Ilfracombe landlord sentenced after endangering tenants with unsafe gaswork

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1 Health & Safety News News 14 th August 2017 Ilfracombe landlord sentenced after endangering tenants with unsafe gaswork The landlord of a property in Ilfracombe has been given a suspended sentence for risking the lives of his tenants by undertaking dangerous gas work. Exeter Crown Court heard that in September 2016 Allan King replaced a boiler at his rented property on Arcade Road despite have no training in gas work and not being registered with Gas Safe Register. The boiler developed faults and a month later King called in a gas engineer for help. The engineer immediately recognised the boiler was risking the tenants lives and isolated it to make it safe. The Health and Safety Executive (HSE) was informed and launched an investigation. The HSE had previously warned King in July 2016 that only a member of Gas Safe Register should work on gas appliances. Allan King of Arcade Road, Ilfracombe pleaded guilty to breaches of the Gas Safety (Installation and Use) Regulations 1998 and the Health and Safety at Work etc Act He was sentenced to nine months imprisonment suspended for 18 months and fined 3,000. He was also ordered to pay costs of 12, HSE Inspector, Simon Jones, speaking after the hearing, said: Landlords have a legal duty to ensure that any gas work at their rented properties is only undertaken by a member of Gas Safe Register. In this case, Mr King ignored previous warnings and undertook his own DIY gas work for which he had neither the competence nor credentials. His actions were dangerous and put his tenants lives at risk 1

2 Contractor sentenced after householder exposed to asbestos A Wigan building contractor has appeared in court after exposing a homeowner and her family to asbestos while carrying out a garage conversion. Manchester Magistrates Court heard that Anthony McGrath, trading as Winstanley Construction, carried out asbestos removal work during the conversion when he was not licenced to do so and failed to carry out this work in a safe manner resulting in asbestos contamination in the ground floor of the house. The Health and Safety Executive (HSE) investigation into the incident at Bassett Grove, Wigan found Mr McGrath had removed Asbestos Insulating Board ceiling panels from the garage, broken them up, and placed them in the garden for several days. When the home owner queried what the boards were, she was told it was asbestos, but they were safe and would be removed soon. After ringing the local council the home owner then contacted a licensed asbestos removal contractor who confirmed that the boards were Asbestos Insulating Board and should be removed under controlled conditions. Asbestos contamination was found in several areas of the house and the householder was unable to re-enter the house for more than a week while a clean-up operation costing in excess of 12,000 was carried out. Anthony McGrath of Winstanley Road, Billinge, Wigan pleaded guilty to breaches of Regulation 10 of the Control of Asbestos Regulations 2012 and Regulation 8 (1) of the Control of Asbestos Regulations 2012.He was fined 475 for each breach and ordered to pay a compensation order of 7,500. Speaking after the hearing HSE Inspector David Norton said: This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices. Companies and individuals should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards. 2

3 Worker suffers flash burns A manufacturing firm has been sentenced for safety breaches after a worker suffered flash burns to her face, neck, chest and both arms. Pyronix Limited manufactures intruder alarm equipment. Part of the manufacturing process involves dipping Printed Circuit Boards (PCBs) in Fluorocoat Thin Film Coating, which is a highly flammable substance, to provide humidity protection. Sheffield Magistrates Court heard that in April 2015 the injured worker was dipping baskets containing a variety of the PCBs which had batteries pre-installed prior to dipping. As the worker removed a basket out of the tank, she saw a burning cloud go through the tank and was unable to avoid being burnt after the Fluorocoat had been ignited. An investigation by the Health and Safety Executive (HSE) found that changes needed to be made in the planning of this activity. A number of modifications were made to the tank and process. This included not installing the battery into the PCB until after dipping, adding local exhaust ventilation to the tank and additional measures to control static. Employees also received additional training. Pyronix Limited of Hellaby Rotherham pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work Act 1974 and was fined 140,000 with costs After the hearing, HSE inspector Laura Hunter commented: This incident could so easily have been avoided by simply carrying out 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. 3

4 Company fined after scaffold collapse A Dorset based company has been fined after a scaffold collapsed at an industrial unit in Wallisdown, Poole. Poole Magistrates Court heard how Swanage and Dorset Scaffolding and Roofing Limited (SDSRL) had been contracted to erect scaffolding at the industrial unit in Alder Hills Business Park, Wallisdown, Poole to provide edge protection for work to be carried out on the roof. The scaffolding collapsed on 14 September 2015 narrowly avoiding an office worker as they exited the building but resulting in serious damage to parked cars. An investigation by the Health and Safety Executive (HSE) found, the company failed to ensure the scaffolding provided was suitably designed and installed to prevent collapse during use. The company failed to ensure the scaffolding was suitably attached to the building to withstand foreseeable wind loads. Swanage and Dorset Scaffolding and Roofing Limited of Romany Centre Business Park, Wareham Road, Poole pleaded guilty to breaching Regulation 19 (2) of the Construction Design and Management Regulations The company has been fined 27,000 and ordered to pay costs of 4051 Speaking after the hearing HSE Principal Inspector Helena Tinton said: The company failed to ensure the scaffolding was properly secured to the building to avoid it putting workers and members of the public at risk of it collapsing in high winds. It is very lucky nobody was injured as result of this incident. All duty holders have the responsibility to ensure all scaffolding work is properly designed and installed by competent workers. 4

5 Tata Steel UK Limited fined after uncontrolled release of toxic substances A steel company has today been fined after the release of toxic and flammable substances from its site in Scunthorpe. Hull Crown Court heard on 17 June 2011 a large quantity of Benzole was released at an open site glass in Tata Steel s Scunthorpe Steel Works. The release resulted in a large flammable vapour cloud that exposed five workers to the risk of serious injury of death had the cloud ignited. Two of the workers were exposed to the chemical and suffered coughing and breathing difficulties. They were sent to hospital and were discharged the next day. An investigation by the Health and Safety Executive (HSE) found Tata Steel failed to take the appropriate safety measures to prevent the release of the toxic and flammable chemical. It was found the company failed to address the risks which had previously been identified and the incident could have been entirely avoided if the company addressed these concerns. The site in Scunthorpe is a top tier Control of Major Accidents Hazards site due to the large amounts of highly flammable and toxic chemicals stored on the site. Tata Steel UK Limited of Millbank, London has pleaded guilty to breaching Sections 2 (1) and 3 (1) of the Health and Safety at Work Act The company has today been fined 930,000 and ordered to pay costs of 70,000. Speaking after the hearing HSE inspector Stephen Hargreaves said: It was extremely fortunate no one was seriously affected by this incident. Had the flammable vapour cloud ignited this could have resulted in multiple fatalities. This incident highlights the need for all duty holders to implement and address all concerns and potential risks which have been identified. Tata s failure to do so in this case put a number of workers at risk of serious harm. 5

6 Guidance COSHH Basics What is COSHH? COSHH is the law that requires employers to control substances that are hazardous to health. You can prevent or reduce workers exposure to hazardous substances by: finding out what the health hazards are; deciding how to prevent harm to health (risk assessment); providing control measures to reduce harm to health; making sure they are used; keeping all control measures in good working order; providing information, instruction and training for employees and others; providing monitoring and health surveillance in appropriate cases; planning for emergencies. Most businesses use substances, or products that are mixtures of substances. Some processes create substances. These could cause harm to employees, contractors and other people. Sometimes substances are easily recognised as harmful. Common substances such as paint, bleach or dust from natural materials may also be harmful. What is a substance hazardous to health'? COSHH covers substances that are hazardous to health. Substances can take many forms and include: chemicals products containing chemicals fumes dusts vapours mists nanotechnology gases and asphyxiating gases and 6

7 biological agents (germs). If the packaging has any of the hazard symbols then it is classed as a hazardous substance. germs that cause diseases such as leptospirosis or legionnaires disease and germs used in laboratories. 7