NEWS IN THE C A round up of prosec
SOLE TRADER FINED AFTER WORKER
INJURED An East Lothian-based sole trader has been fined after a self-employed furniture maker was injured on their premises.
Edinburgh Sheriff Court heard how, on 25th February 2016, a self- employed furniture maker was working on the premises owned by Peter Anselm Fraser, trading as A and A Fraser Property. Whilst the furniture maker was moving wood
CONSTRUCTION BOSS BANNED FOR FAILING TO PAY
H&S FINES The boss of a construction company based in Ashbourne has been banned after failing to pay fines following multiple health and safety breaches.
Michael Allen, 64 of Ashbourne, Derbyshire, was a Director of Allen and Hunt Construction Engineers Limited, a specialist company in manufacturing and erecting steel- framed agricultural and industrial buildings.
In July 2014, a worker was carrying out repairs on a farm building in Buxton, when they fell through the
over the planer blade, the machine skidded on the table causing her left hand to slip off the top edge and come into contact with the exposed part of the blade. As a result, the furniture maker suffered hand injuries.
An investigation by the Health and Safety Executive (HSE) found the planer machine was fitted with a fence guard but lacked a bridge guard at the area she was working. The absence of a bridge guard on the planer created an increased risk where the operator might inadvertently come into contact with the exposed portion of the blade.
roof and suffered life-changing injuries.
An investigation was carried out by the Health and Safety Executive (HSE) and they found that Allen and Hunt Construction Engineers Limited had breached several health and safety regulations.
Among several breaches, HSE found that the company failed to carry out health and safety plans for the site in Buxton, did not properly train the employee to carry out fragile roof work and equipment was inadequate and insufficient for the risks posed.
As a result, Michael pleaded guilty to breaching three counts of the working at heights regulations and was fined £274,671 in November 2016.
Peter Anselm Fraser trading as A and A Fraser Property of Gifford, East Lothian, pleaded guilty to breaching of Regulation 11(1) and (2) of the Provision and use of Work Equipment Regulations 1998 and was fined £6,700.
Speaking after the hearing, HSE Inspector Kim Munro said: “This injury was easily preventable and the risk should have been identified.
“Employers and sole traders should make sure they properly assess and apply effective control measures to minimise the risk from dangerous parts of machinery.”
However, Allen and Hunt Construction Engineers Limited went into liquidation in December 2016 and Michael told investigators that the business closed down because it could not afford to pay the fine imposed by the court.
But further investigations by the Insolvency Service found that after the accident and to allow for a clear division between fabrication and installation activities, a new company was incorporated in October 2014. The new company carried out fabrication services, while the installation side of the business was wound down.
And if the fabrication contracts had remained within Allen and Hunt Construction Engineers Limited, the original company, there would have been sufficient funds to pay the fine.
The Secretary of State for Business, Energy and Industrial Strategy has since accepted a disqualification undertaking from Michael.
Effective from 27th June 2018, he is now banned from directly or indirectly becoming involved, without the permission of the court, in the promotion, formation or management of a company for six years.
www.gov.uk/government/ organisations/insolvency-service
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