20 May 2006
Firms fined £350k after worker is crushed - lifing operations
Two construction companies have been fined a total of £350,000 after a worker was crushed to death at a development of luxury flats in London. Foreman Jack Tangney, 29, had been guiding a crane operator as he lifted a huge wooden shutter into place, even though he was unqualified for the job, the Old Bailey heard. He was killed instantly in the August 2002 incident, when one of the 3m pieces of timber struck a wall, broke in two and crashed down on top of him. John Doyle Construction and main contractor Exterior International admitted health and safety breaches over the death. Judge Richard Hone fined John Doyle Construction a total of £250,000 and Exterior £100,000. He said: 'This dreadful accident which caused the death of Jack Tangney was avoidable. Everybody knew or should have perceived the increased danger. The legislation is there to protect people like him from taking on jobs for which they are not qualified.' The judge told Mr Tangney's widow Anna Saunders: 'I hope it will be accepted that the court has done its best to educate responsible corporations with substantial financial penalties.' Ms Saunders said: 'I'm not sure what to think about the fine. It doesn't bring a person back and it doesn't necessarily make someone change what they do.' Speaking after the case, investigating Health and Safety Executive (HSE) inspector Emma Davies said: 'This avoidable incident is an example of how badly things can go wrong when lifting operations are not planned or supervised properly. When carrying out lifting operations on site, three key elements must be in place to ensure the safety of the lift - a competent person is involved in planning the lift - the lift is adequately supervised - and the lift is carried out in a safe manner.'
• HSE news release.  South London Press.

27 May 2006
Editor wins £37,500 RSI damages
A Guardian newspaper night editor who says she was refused access to the company physiotherapist after developing crippling elbow pain has been paid £37,500 in damages for repetitive strain injury (RSI). Andrea Osbourne, who had been a casual at the paper for two and a half years, worked almost exclusively using a mouse, at speed, for an average nine hours a night, and up to 45 hours a week, without a break. No risk assessment was carried out when she started the job in February 2001. By May 2002 she had developed debilitating stiffness and pain in her right elbow. Her GP diagnosed RSI and advised her to seek help from her employer. However, Ms Osbourne said a request to see the company physio was refused. She added that requests for a workplace assessment were ignored by the health and safety department, and a risk assessment, which was eventually carried out by the editor's PA, did not cover mouse usage. In March 2003, the pain had become constant and she was unable to continue working. She was told by a hospital consultant that she would never be able to do that type of work again and was advised to seek an alternative career. She said: 'The Guardian showed absolutely no sympathy. Because I was employed as a casual and didn't have a permanent contract, they refused my requests for physiotherapy and made no attempt to find a way for me to work which would have reduced the repetitive strain in my elbow. The paper has all but ended my career in website editing and production.' Marion Voss of NUJ lawyers Thompsons said: 'When so much is being talked about by HR professionals and the insurance industry about the importance of rehabilitation, that the paper refused Andrea treatment that might have enabled her to keep working is disgraceful. Instead the paper denied liability and we were forced to get an ergonomist report to support Andrea's case. Still the Guardian did not settle the case until close to the trial date.'
• NUJ news release.  Press Gazette.

03 June 2006
Firm fined £7,000 after employee loses fingers - equipment, control measures
A Shawclough company has been fined £7,000 after a worker lost three fingers in a horrific accident. Eurofabs (UK) Ltd was also ordered to pay £1,588 costs after being prosecuted by the Health and Safety Executive (HSE). Trafford Magistrates were told that Keith Jones lost three fingers on his left hand in November 2004 when he was carrying out a lifting operation. After the hearing, HSE inspector Christina Goddard said: 'This was a serious accident that resulted in serious injury to Mr Jones and we are pleased with the outcome of the case. We are also pleased that the company has taken on board the lessons from this incident.' She added: 'The Health and Safety Executive will always prosecute in cases such as this in order to protect employees and try to reduce the number of accidents at work.'
• Rochdale Observer.

Firm pays £60,000 for pelvic injuries - equipment, control measures
A construction firm has been fined £60,000 after a worker's pelvis was shattered in a site incident, with the injury leading to constant paid and chronic health problems. London firm Byrne Brothers was also ordered to pay £12,026 costs, with Judge Richard Hone telling them he wanted to hit the shareholders as well as the company. Alan Wyatt, 44, was struck by an unsecured pipe while working in the City of London. He had been washing near the pipe when a blockage caused it to whip away, fracturing his pelvis in three places. Speaking after the hearing, Mr Wyatt said: 'I am just living from day to day at the moment, but every day is worse than the last. I have recently had a catheter fitted which has to be emptied once a day and the whole process is agony. I have started a pain management programme because it gets so bad.' Jonathon Ashley-Norris, for the Health and Safety Executive (HSE), told the Old Bailey that Mr Wyatt had been unable to work since the accident in June 2003.
• icSouthLondon.

10 June 2006
HSE warns firms not to fall down on safety - falls
A construction firm has been fined £50,000 and costs of £23,000 after a trainee roofer suffered serious injuries in a fall. Letchworth Roofing Company from Hertfordshire pleaded guilty at Birmingham Magistrates Court to safety offences which resulted in employee Paul Lee Jarman, who was 23 at the time of the incident, suffering a fractured jaw and soft tissue injuries. He fell approximately eight metres through a rooflight at an electrical goods store. Prosecuting HSE inspector Mike Ford said: 'It is unfortunate that on this occasion simple and cost effective measures were not put in place which would have prevented the fall that injured Paul Jarman. Companies need to realise the necessity of implementing appropriate safety measures to provide a safe working environment, preventing falls and avoiding injuries such as these.' He added: 'Preventing such injuries is the focus of the current Height Aware campaign, where we are asking people 'to take a moment and not a fall'. The campaign highlights that falls from height are the most common cause of work-related deaths. Every year, around 80 people are killed and more than 5,500 seriously injured as a result of falling from height.'
• HSE news release.  HSE work at heights webpages

17 June 2006
Broken leg payout after 8 foot fall
An Amicus member has been awarded an £77,178 payout after suffering a broken leg in a fall from a ladder. Alan Arthur, a moulding machine operator, fractured his shin bone when he fell from an 8ft ladder at Lectroheat Industrial Heating Limited's plant in Bedwas in March, 2004. Mr Arthur, 51, who was off work for eight months, was standing on one of the top rungs of the ladder to reach a pattern board when, as he attempted to step down, he missed his footing and fell. Trade union Amicus fought his case, arguing he should have been provided with either a longer ladder or a better system, such as a gantry, to access the boards. The company admitted liability in October 2004. Mr Arthur, who still works for the company, said: 'Accidents happen, but when you've sustained a severe injury through no fault of your own it's important to seek compensation.' Eamonn McDonough, Mr Arthur's lawyer at Thompsons Solicitors, said his client had suffered a very painful compound fracture and 'is left with stiff movement of some bones in the ankle - arthritis is anticipated and an operation to the injured joint is likely.' Bryan Godsell, Amicus regional officer, said: 'We are delighted the case has been decided in Mr Arthur's favour.' He stressed the importance of protection for workers through membership of a trade union like Amicus.
• South Wales Echo.  HSE falls webpages.

Injured welder awarded six figure payout - slips and trips
A welder who tripped over metal tubing and smashed his elbow has been awarded £136,000 in damages. Wilson Graham, 52, took his employer to court claiming his injuries ruined his chances of getting a good job. Dundee-based Richard Lawson Autologistics admitted breaching workplace safety rules. The Court of Session in Edinburgh had heard how Mr Graham was working at the firm's Kirriemuir premises, overhauling a car transporter, when he fell. The company, which contested the amount Mr Graham was claiming for lost wages, also claimed he was partly to blame for not looking where he was going. Judge Lord McEwan heard that Mr Graham would have been made redundant 10 months after the accident. But workmates told the court he would have found another welder's job if he had been fit. Lord McEwan said in a written ruling that Mr Graham was 'held in esteem' by others well qualified to make an assessment .
• Glasgow Daily Record.  BBC News Online.

White finger sufferer gets four digit payout - vibration
A Leeds man has been awarded a £7,500 compensation payout after he contracted the industrial disease vibration white finger (VWF). Barry Wallis, 47, was awarded the sum following a claim against Insituform Technologies Ltd, based in Wakefield. Equipment he used at work for more than 20 years, including Stihl saws, jigger picks, chainsaws and grinders, resulted in the onset condition, which is generally irreversible and which caused Mr Wallis' fingers to become affected by numbness, tingling and a weakness of grip. He said: 'I first noticed problems with my hands around 10 years ago, when I developed a tingling sensation. This seemed to be worse in my right hand in which I also noticed numbness and a lack of feeling.' Mark Allen, of law firm Irwin Mitchell, represented Mr Wallis. He said: 'Mr Wallis was never warned or advised about the dangers of vibration white finger or provided with any protective equipment. His symptoms continue to affect his ability to do his current job as a lorry driver, particularly when he has to unload in wet conditions. He has also noticed a loss of grip and strength in his forearms whilst weight training.' He added: 'This case still highlights the importance of health and safety policies. Employers have a duty of care to their staff, which includes ensuring full protective equipment is provided so workers' exposure to risk is kept to a minimum.'
• Irwin Mitchell Solicitors news release.

Firm fined after work loses fingers - guarding
Failing to follow safety rules can be a costly and dangerous mistake, the Health and Safety Executive (HSE) has warned. HSE urged businesses not to save pennies by cutting corners on worker safety because they could face huge prosecution costs. The warning came after Northampton firm Crane Hill Engineering ended up in the dock after a work lost three fingers operating an industrial power press. The firm, which pleaded guilty to safety offences, was fined a total of £12,000 plus a further £2,300 costs by Northampton magistrates. The prosecution was brought after an 80 tonne power press was left without side guards and amputated three fingers from operator Robert John Galvin's hand. HSE inspector Peter Snelgrove said: 'Companies need to realise that skimping on health and safety is a shortcut to tragedy and financial cost. A worker has been left with permanent disfigurement for the sake of a few minutes and a few pounds.' He added: 'The financial impact of prosecutions following injuries like this can be particularly difficult for smaller businesses, which can struggle to cover costs resulting from lost earnings, sick pay, sick leave cover, loss of output or compensation claims. In serious cases like this they also end up having to pay legal fees and court fines.'
HSE news release