Prosecutions HEALTH & SAFETY NEWS. Issue 1 Date: 30/07/12 Page: 1 of 5. Firms fined after workers exposed to asbestos

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1 Page: 1 of 5 Prosecutions Firms fined after workers exposed to asbestos A tour operator and a ship management firm have been fined after workers were exposed to asbestos fibres during refurbishment work on board a cruise ship. Teesside Magistrates' Court heard today (23 July) that All Leisure Holidays Ltd and Andrew Weir Shipping Ltd had arranged for the work to be carried out on the Hebridean Princess to reduce the amount of combustible material on the ship. The Health and Safety Executive (HSE) prosecuted the companies after an investigation found that two selfemployed labourers had been hired to remove ceiling panels and wooden fixings in the Tiree lounge without carrying out the required asbestos survey. The court was told the Hebridean Princess, built in 1964, had a refit and was bought in April 2009 by All Leisure Holidays Ltd who engaged Andrew Weir Shipping Ltd to manage the vessel. On 1 December 2009, the ship was docked in Middlesbrough and two labourers from Nottingham were instructed by Andrew Weir Shipping Ltd to begin removing the ceiling and wall panels in the Tiree Lounge. On the second day, they were told to stop work by the shipyard over concerns that there was asbestos behind the ceiling panels. Tests confirmed that asbestos fibres were present and also in the debris the workers had left in the lounge the previous day. HSE found that Andrew Weir Shipping Ltd held an asbestos survey carried out in 2008 for the previous owners which identified asbestos behind some ceiling panels in another part of the ship. The court heard that this should have alerted them to the potential for asbestos to be present elsewhere. All Leisure Holidays Ltd was given a copy of the 2008 survey when they purchased the ship but failed to identify that it was incomplete and was insufficient to allow the work to be carried out. All Leisure Holidays Ltd, of Lynnern House, Victoria Way, Burgess Hill, West Sussex, was fined a total of 6,000 and ordered to pay 5, costs after it pleaded guilty to breaching Regulation 5 and Regulation 11(1)(b) of the Control of Asbestos Regulations Andrew Weir Shipping Ltd, of Atholl Crescent, Edinburgh, was fined a total of 12,000 and ordered to pay 5, costs after it pleaded guilty to breaching Regulation 5, Regulation 11(1)(b) and Regulation 16 of the Control of Asbestos Regulations After the case, HSE Inspector Victoria Wise, said:"all Leisure Holidays Ltd and Andrew Weir Shipping Ltd both failed to ensure that a suitable and sufficient assessment was made of the risk created by the presence of asbestos and therefore did not take the steps required in order to comply with the regulations. "As a result the two men inadvertently disturbed the asbestos and spread the fibres. In doing so they were potentially exposed to a substance that is known to cause diseases such as lung cancer and mesothelioma. "This incident was entirely preventable and should act as a reminder to other ships owners and management firms."

2 Page: 2 of 5 Construction Company Fined over Near-Death Fall A Surrey construction company was ordered to pay 160,000 in fines and costs after a worker narrowly escaped death when he was caught in a collapse of nine tonnes of steel and concrete. Bola Akinola, 48, fell more than four metres when steelwork supporting concrete floor planks failed, causing the material to collapse, at a site in Westerham, Kent on 9 May Mr Akinola, of Littlehampton, West Sussex, suffered life-changing injuries including multiple fractures to his pelvis, leg and arm. He was in hospital for several weeks and was unable to work for nearly a year. He has still not regained full mobility in his left arm. The incident was investigated by the Health and Safety Executive (HSE), which prosecuted Esher-based Landmark Groundworks Ltd for serious safety breaches. A nine-day trial at Maidstone Crown Court heard Mr Akinola was helping to build a large new basement alongside an empty house that was being refurbished and extended. Landmark Groundworks was contracted to oversee the project and provide supporting steelwork. On the day of the incident, a separate sub-contractor, Mr Akinola's employer, had laid around 50 concrete floor planks, each weighing up to two tonnes, for the ground floor. Four planks were laid on a beam that had not been fixed at one end and only held with small welds at the other. As a result the beam tilted and gave way while workers were still on the planks. Mr Akinola, a plank installer, fell four metres into the basement with the collapsing steel and three of the floor planks. Another worker managed to jump to safety as the floor gave way. HSE's investigation found that Landmark Groundworks, which operates across the South East, had failed to follow construction industry established procedures designed to avoid this type of incident. Landmark had ignored design proposals by two structural engineers that would have helped ensure the project was carried out safely. In addition Landmark did not carry out checks on the installation to ensure it was ready to load out. The company, of Wren House, Portsmouth Road, Esher, was today fined 110,000 and ordered to pay 50,000 in costs after being found guilty of breaching Section 3(1) of the Health and Safety at Work etc Act After the hearing HSE Inspector John Underwood said: "Buildings do not build themselves. The process needs to be actively managed to ensure that sub-contractors get the correct information and use it. "It is completely unacceptable for a main contactor, Landmark Groundworks Ltd, to allow work to continue with a botched design, and with no checks carried out on either the design or the installation. "This incident resulted in life-changing injuries to Mr Akinola and it was a matter of luck that the collapse of nearly nine tonnes of building material did not result in multiple fatalities."

3 Page: 3 of 5 Cheltenham Retailer and Contractor Prosecuted after Asbestos Exposure A Cheltenham contractor and a retailer have been prosecuted after a construction worker was exposed to asbestos during a refurbishment project. Simon Cooper was engaged by Hutchinson HiFi and Vision Ltd in February 2010 to refurbish an empty shop unit in Cheltenham High Street, which involved replacing a suspended ceiling. In a prosecution brought by the Health and Safety Executive (HSE), Cheltenham Magistrates' Court heard today that contractor Simon Cooper failed to ensure a proper asbestos survey was available before work began. As a result, workers on site, including Matthew Thompson 28, from Cheltenham, removed up to 85m of asbestos insulating board over two days on 16 and 17 February without the necessary controls or adequate protection. The Court was also told that Hutchinson HiFi and Vision Ltd failed to provide any client information regarding the presence of asbestos within the building. They should have ensured a demolition and refurbishment survey was carried out and the results made available to Mr Cooper. Speaking after the hearing, HSE inspector Simon Chilcott, said: "As a result of the failings of Simon Cooper and Hutchinson HiFi and Vision, people were unnecessarily exposed to asbestos. This incident could have been avoided if the retailer had provided information on the presence of asbestos in the building and Mr Cooper had ensured he had seen a demolition and refurbishment survey before commencing the renovation work. "The risks of asbestos are well known in the construction industry as are the controls required in dealing with it. Exposure to asbestos can have fatal or serious long term health consequences and, as such, every precaution must be taken to minimise any risks when working on buildings." Hutchinson HiFi & Vision Ltd, of High Street, Cheltenham, pleaded guilty to breaching Regulation 10 (1) (b) of the Construction (Design & Management) Regulations 2007 and was fined 3,500 and ordered to pay 1,836 in costs. Simon Cooper, of Leckhampton, Cheltenham, pleaded guilty to breaching Regulation 5 of the Control of Asbestos Regulations 2006 and was fined 600 and ordered to pay 800 in costs. Asbestos-related illnesses are responsible for around 4,000 deaths every year.

4 Page: 4 of 5 News HSE tells Companies to Improve their Management of Legionella Risks Businesses are being told to do more to protect workers and members of the public from exposure to legionella. The Health and Safety Executive (HSE) has issued a safety notice after identifying common failings in legionella control from a review of outbreaks of Legionnaires' disease in GB over the past ten years. HSE's findings confirmed that cooling towers and evaporative condensers are the most common source of significant outbreaks. Ninety per cent of outbreaks stem from failure to recognise potential legionella problems or to adopt effective control measures. The notice also stresses the need for effective and consistent monitoring of water quality and the importance of responsibilities being assigned to named individuals with proper management oversight. HSE's legionella expert Paul McDermott said: "Our research has confirmed the importance of businesses following the well-established and readily available guidance. Through this safety notice we are reiterating what those responsible for the maintenance of water systems should be doing already. "They have a responsibility to manage the risks they create to protect workers and the wider public. This is a reminder to them of what the law expects. Failure to comply with the law means they may face legal sanctions, including in the most serious cases prosecution through the courts."

5 Page: 5 of 5 Guidance Provide training and information Everyone who works for you needs to know how to work safely and without risks to health. You must provide clear instructions, information and adequate training for your employees. Don t forget contractors and self-employed people who may be working for you and make sure everyone has information on: hazards and risks they may face; measures in place to deal with those hazards and risks; how to follow any emergency procedures. Ask your employees what they think about training to make sure it s relevant and effective. Keeping training records will help you to identify when refresher training might be needed. The information and training you provide should be in a form that is easy to understand. Everyone working for you should know what they are expected to do. Health and safety training should take place during working hours and it must not be paid for by employees. Display Screen Equipment (DSE) Display Screen Equipment (DSE) is a device or equipment that has an alphanumeric or graphic display screen, regardless of the display process involved; it includes both conventional display screens and those used in emerging technologies such as laptops, touch-screens and other similar devices. Do you use this type of device/equipment? Computer workstations or equipment can be associated with neck, shoulder, back or arm pain, as well as with fatigue and eyestrain. Surveys have found that a high proportion of DSE workers report aches, pains or eye discomfort. These aches and pains are sometimes called upper limb disorders (ULDs), which can include a range of medical conditions such as RSI. Most of these conditions do not indicate any serious ill health, but it makes sense to avoid them as far as possible. The Health and Safety (Display Screen Equipment) Regulations 1992 aim to protect the health of people who work with DSE. The Regulations were introduced because DSE has become one of the most common kinds of work equipment. That doesn't mean that DSE work is risky it isn't. ULDs can be avoided if users follow effective practice, set up their workstations properly and take breaks during prolonged use. By just taking a few simple precautions, work with DSE can be more comfortable and productive.