17 November 2007
Vehicles at work can hurt you - vehicles
Whether you work in them, on them or by them, contact with vehicles at work can really hurt you, a series of union compensation cases show. London bus driver Russell Williams was awarded £6,500 compensation after suffering a back injury. The Unite member was driving a Selkent bus when the seat collapsed as he went over a pothole. Before his shift he had reported the seat was defective, but was instructed to drive the bus. Firefighters had to remove the cab door to free him. Refuse lorry driver Sekou Hamidou Dembele was awarded £3,663.12 compensation after his finger was crushed in the vehicle's tailgate. The GMB member was working for Islington Cleansing Services Limited delivering fridges to a recycling centre. His employer denied liability, so the case when to trial and the compensation was awarded by the Clerkenwell and Shoreditch County Court. Traffic light installer Keith Simpson was awarded £75,000 compensation after suffering severe leg injuries when hit by a vehicle. The Unite member and SBS employee was working on a London road repairing traffic lights when he was struck by a car. He was not able to return to work for nearly three years.
• GMB news release. 
• Pattinson & Brewer Solicitors news releases on Russell Williams and Sekou Hamidou Dembele settlements.
• Thompsons Solicitors news release.  HSE workplace transport webpages.

Serious slip up at dangerous food factory - slips and trips
A GMB member has been awarded compensation after being injured at a London food factory. Production worker Dinsuta Kanji received almost £13,000 compensation after being injured at Katsouris Fresh Foods, owned by the giant Icelandic Bakkavör Group. The firm has faced serious criticism of its safety standards after a series of recent injuries (Risks 228). Ms Kanji suffered a broken leg when a colleague slipped on spilt oil and collided with her, knocking her to the ground. 'I was in so much pain,' she said. 'I was taken to hospital by ambulance and admitted for four days. I was in plaster for six months and could not return to work for 10 months. Even now, I cannot stand for long periods or walk long distances.' Representing Ms Kanji, Deborah Smith from Pattinson & Brewer Solicitors commented: 'This was a particularly unpleasant injury. Ms Kanji suffered considerable pain and discomfort and required extensive physiotherapy treatment. It took Ms Kanji some 18 months to recover.' Ms Kanji's branch secretary, Hiten Vadiya said: 'This case shows that it is important to belong to a trade union. Ms Kanji won compensation with the support of the GMB who protect members at work.'
• Pattinson & Brewer news release.

27 October 2007
Grass cutting caused vibration injury
A council gardener has developed debilitating vibration white finger (VWF) as a result of cutting grass with strimmers and mowers. GMB member Robert Llewellyn received £3,000 compensation from Cardiff County Council. He had worked since as a gardener and sexton in the council's bereavement section. 'My job meant that I was strimming for most of the day with a 10 minute break in the morning and a 30 minute break at lunchtime,' he explained. 'I used an industrial strimmer which weighed between 28-30 lbs, but I was never provided with any gloves. My doctors have now confirmed that this ongoing exposure has caused vibration white finger which means that I suffer from ongoing pain and numbness.' Allan Garley, regional secretary of the GMB's south western region, commented: 'Clearly this settlement will assist other union members who have been exposed to vibrating tools for long periods during the course of their employment.' He added: 'GMB members in local government might not be aware that VWF is a condition affecting council workers as well as our members working in traditional heavy industry such as those working in the steel industry. If you regularly use vibrating tools and suffer from tingling, numbness, loss of grip in your fingers or whitening of the fingers you should take action and contact your local GMB representative.'
• Thompsons Solicitors news release.

Workplace visit leads to costly slip up - slips and trips
A Birmingham woman who injured her back and knee after slipping on vomit on the floor of a college nursery has received damages of £8,500. The woman was carrying her nine month old baby boy whilst visiting her employer. The unnamed UNISON member was on maternity leave from Birmingham's City College and was visiting her manager to finalise her return to work. As she was walking through the corridor, she slipped in vomit which had not been cleared. As she fell, she instinctively held the baby tighter and smashed to the floor on one knee. UNISON rep Tracey Hancock said: 'UNISON are pleased that our member has received the compensation she so justly deserves. It's essential that individuals realise that the success of this case is partly due to the fact that the individual concerned is a member of one of the UK's biggest and most influential unions - UNISON.' Tony Mikhael of Thompsons Solicitors, who acted for the UNISON member, said: 'This was a nasty accident which could have been worse. The area should have been cleaned or cordoned off, but neither of these actions was undertaken. Thankfully the baby came out unscathed, but his mother didn't.' With support from UNISON and the law firm, the woman successfully claimed against the college's insurer, who eventually admitted liability.
• Thompsons Solicitors news release.

Guards could have saved man's fingers - guarding
An Enfield timber manufacturer has been fined after a machine operator lost part of two fingers. Jennor Timber Ltd was fined £4,000 and ordered to pay costs of £3,921 at the City of London Magistrates Court after pleading guilty to breaches of safety law. In May 2005, employee Peter Brooks, 64, was working on a piece of wood about five feet long using a heavy duty spindle moulder. The wood was apparently ripped out of his hands, exposing them to the cutters. There were no 'end stops' to prevent the wood from ejecting and Mr Brooks had decided not to use a jig, which would have acted as a barrier between his hand and the blade, as the material was considered too long. HSE inspector Gavin Pugh said: 'It is essential that safe systems of work are adhered to and there should be management systems in place to monitor workers at all timber mills. Machine jigs should have been used with limited cutter projection tooling, which should be in place to prevent very severe injuries if any part of the body touches the rotating blade.'
• HSE news release.  HSE risk management webpages

Firm fined after worker is paralysed - risk assessments and training
A firm has been fined £40,000 after an accident in Leeds left one of its warehouse employees paralysed. Kelly Cookes, 32, was crushed when a pallet of insulation material fell on him, leaving him with spinal injuries and no movement from the waist down, unable to live his life independently. FGF Limited had pleaded guilty at Leeds Magistrates Court to health and safety failures following the incident on 6 February 2006, and was sentenced this week at Leeds Crown Court. The prosecution by the health and safety services department of Leeds City Council was mounted against the Birmingham-based firm under Section 2 of the Health and Safety at Work Act 1974 for failures in its policy and procedures, risk assessment and training. The company, distributors of specialist building and insulation materials, has a number of satellite units around the country, including a distribution warehouse in Leeds. Health and safety inspectors found that the company's safety record was poor and, at the time of the incident , contact between the head office and the Leeds depot was less than adequate. The court heard the company has now appointed a health and safety officer.
• Yorkshire Post.

20 October 2007
HSE warning after vehicle death - falls
A major transport firm has received a six-figure fine after the death of a Wirral lorry driver. TNT Logistics UK Ltd was fined £120,000 and ordered to pay costs of £28,184.75 after pleading guilty at Manchester Crown Court to workplace safety offences. Lorry driver Derek Howe, 56, suffered fatal injuries on 15 May 2004 when he fell off a lorry parked at TNT's premises. He was trying to help free a worktop on the back of the lorry when he fell approximately two metres onto the concrete yard. HSE inspector Richard Clarke said: 'Mr Howe's death could have been prevented if TNT had taken appropriate precautions in line with health and safety legislation. Every year 2,000 people are injured at work falling from vehicles. Falls are currently the second highest cause of fatalities and injuries in the transport industry. Even falling a short distance can be very serious, or even fatal.' The inspector added: 'Employers and self-employed people operating lorries need to avoid the need for work at height on the lorry wherever possible. Where that is not possible, they must take measures to prevent falls. Companies should ensure staff are adequately trained in how to reduce the risks. Climbing on top of loads should be avoided wherever possible and permanent platforms or gantries may assist with this.'
• HSE news release and revamped workplace transport webpages.

28 September 2007
Six figure payout for dental nurse allergy
A dental nurse who had to pack in work after developing occupational dermatitis has received a £200,000 payout. The 50-year-old UNISON member, who has not been named, worked for the Central Manchester Primary Care Trust and had been an NHS employee for over 30 years. She developed the debilitating skin condition as a result of using latex gloves between 1980 and 2004. In 2003 she noticed that her wrists had become uncomfortably itchy. She was referred for tests and then told in January 2004 by a doctor that her condition was latex related and that it was so serious that she could no longer work safely in a dental surgery. Caroline Bedale, UNISON branch secretary, said: 'Latex products are a known danger to dental and other healthcare workers because they are at increased risk of latex allergy. This case demonstrates the critical importance of all employers having proper policies, not only to protect staff from developing latex allergy, but also for the safe handling of patients with known or suspected latex allergy.' Imogen Wetton of Thompsons Solicitors, who provided legal support for the woman, said: 'The impact of a latex allergy causes no end of difficulties for sufferers.' She added: 'She has to avoid any rubber handled items and wear cork inner soles. She has to sleep with cotton gloves on and has to regularly apply steroid creams. She has to avoid washing up and ironing. She can't even use the TV remote control as it has rubber buttons. The list goes on and on and it's a living nightmare for sufferers.' Ms Wetton concluded: 'The Trust ought to have known by 1996 at the latest that the powdered latex gloves were a potential danger to users yet it was not until September 1998 that a memo was issued for the gloves to be changed to a non powdered alternative and only then when existing stocks were exhausted. There could and should have been alerts to the dangers and risks much earlier and they should have provided a non latex alternative.'
• Thompsons Solicitors news release.

Six-figure fine after 'avoidable' death - vehicles
A company has received a six-figure fine after a 20-year-old worker was killed in a 'totally avoidable' incident at a building materials yard. Merseyside firm Grundy and Co Excavations Ltd was fined £100,000 and ordered to pay £9,034 costs at Warrington Crown Court after pleading guilty to safety offences. The court heard that employee Joshua Beswick died on the 1 September 2004 while walking across the company's yard in Widnes. Health and Safety Executive (HSE) inspector John McGrellis said: 'Joshua Beswick, a 20-year-old labourer was killed instantly when he was struck by a wheeled loader. This was a totally avoidable accident, had safe-working systems been in place. Every effort needs to be made to separate vehicles and pedestrians to avoid tragic consequences.' He added: 'People being hit by vehicles, people falling from vehicles, objects falling from vehicles onto people and vehicles toppling over in the workplace are a common cause of accidents which has been identified as a priority by the Health and safety Executive. This case graphically illustrates that companies should ensure that safe working systems are in place for the safety of all their employees.'
• HSE news release.

22 September 2007
Finger injury leads to payout - guarding
A poorly training packaging worker who suffered a serious finger injury has been awarded a £5,500 payout in a union backed case. Unite member Ian Brown, 25, suffered the injury when his finger became trapped in a machine that had no protective guard in place. At the time of the accident, he was employed by Ebbw Vale-based Cardinal Packaging Ltd. He had been attempting to adjust the tension on a paper rolling machine. There was no guard on the machine and his left ring finger became trapped between two rollers. His finger required a skin graft. Andy Richards, Wales regional secretary with Unite, said: 'Mr Brown had received no formal training and had not been shown any safe working procedures to handle the paper rolling machine properly. In any circumstances where employees are required to work with potentially dangerous pieces of equipment, they must receive proper training and suitable protection from the risk of injury.' Petra Williams of Thompsons Solicitors, who represented Mr Brown for Unite, said: 'Mr Brown suffered a painful injury which required immediate and ongoing medical attention. He was off work for 11 weeks. The accident has left him with nerve damage in his finger and it's unlikely that he will ever regain full sensitivity in it.'
• Thompsons Solicitors news release.

Firms fined after worker's death - falls
Two Wiltshire companies have been fined after admitting safety breaches which resulted in the death of a worker. TH White Installations of Devizes and RF Stratton and Company, owners of Manor Farm, Kingston Deverill, Wiltshire, were each fined £35,000 and £8,000 costs. Swindon Crown Court heard that engineer Timothy Kynaston, 50, fell eight metres through a rooflight while working at the farm in 2004. He fell from a walkway which had no safety measures in place, the court was told. Mr Kynaston's brothers said the fines were 'laughable.' Speaking for the family, Marius Kynaston, 41, said: 'It is not even the salary for a year for the managing director of TH White.' He added: 'We feel the company should have been prosecuted for corporate manslaughter. We came here knowing whatever fine they got would be laughable. TH White Installations are going to make a profit of £50,000 this year, we heard. The fine is not even going to negate that profit. TH White as a company has an annual profit of £1.3 million and net assets of £13 million. £35,000 is like a drop in the ocean.' Referring to RF Stratton boss, Richard Stratton, he said: 'Mr Stratton has a turnover of £1m and net assets of £1.2 million. He is a millionaire farmer.' Passing sentence, Recorder Neil Ford QC said: 'In my judgment the risk to life or the risk of serious injury was obvious and should have been appreciated and acted upon.' He added: 'The fines imposed are not and can't be any reflection of the value of the life lost. The life lost was priceless.' He said if Stratton failed to pay the fine, he would be required to serve a 12 month jail term in default. Health and Safety Executive (HSE) inspector Andy Shaw said: 'Employers need to be aware of the dangers and take appropriate action to reduce the risks before an incident occurs.' He added: 'There is a great deal of help and guidance available to help companies get it right and a relatively small investment in good safety measures could not only save lives but also save money in the long run, especially in terms of sickness absence and enforcement action.'
• Bath Chronicle.  Wiltshire Times.  Gazette and Herald.  BBC News Online.