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NEWS COURTS cutions from the HSE.


BUPA CHARGED £3M AFTER DEATH OF ELDERLY


RESIDENT A care provider has been fined following the death of a resident at an Essex nursing home after he contracted Legionnaires’ disease.


Kenneth Ibbetson, 86, died three months after moving into Hutton Village Nursing Home, which is operated by BUPA Care Homes (BNH) Ltd.


Ipswich Crown Court heard that Mr Ibbetson had moved into the care home in March 2015 when he was no longer able to cope at home. In June 2015 Kenneth contracted Legionnaires’ disease, a serious waterborne form of pneumonia, and later died in Basildon Hospital on 23rd June 2015.


An investigation into Kenneth’s death was carried out by the HSE.


KIER CONVICTED FOLLOWING CONCRETE BLOCK


INJURY Kier Infrastructure has pleaded guilty to one offence under the Health and Safety at Work Act at Newport Magistrates’ Court.


Newport Magistrates’ Court heard that agency worker Peter Walker, 42, suffered life-changing injuries when a 6.93 tonne block of pre- cast concrete fell on his leg on 15th August 2016.


Peter had started work at the Maerdy Bridge site in South Wales, where Kier was principal contractor on a Network Rail project to replace two bridges, a few days before the accident.


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The investigation found that for more than a year, during which time major refurbishment works were carried out, BUPA Care Homes (BNH) Ltd failed to implement the necessary control and monitoring measures required to safely manage their hot and cold water system. It also found those responsible for overseeing legionella controls and for taking crucial water temperature measurements had not been trained to the required standard.


BUPA Care Homes (BNH) Ltd of Bridge House, Outwood Lane, Leeds, pleaded to breaching Section 3 (1) of the Health and Safety at Work Act 1974. The company has been fined £3m and ordered to pay costs of £151,482.


Kenneth’s daughter Caroline Peters told the court: “Our father’s tragic and untimely death was a terrible shock to me and my two sisters. We had carefully selected BUPA Nursing Home at Hutton Village, expecting that a leading health care company could be trusted with our


The court heard that on the day of the accident the concrete units that would form the bridge were being relocated on the site. Peter was on a ladder removing lifting chains from a concrete block when the block toppled over and his leg was crushed between the fallen unit and the one behind it


The Office of Rail and Road’s (ORR) subsequent investigation found that Peter’s injuries could have been prevented if Kier had provided adequate supervision for the job.


Specifically, work on the day of the accident and the previous day involved the excavator moving its boom Peter was up the ladder, which would have been prevented with proper supervision. Other examples of poor supervision included a failure to issue a ladder


father’s health and safety. (His death) shouldn’t have happened.


“The evidence (of)…non-conformities and lack of managerial training was shocking and depressing and brought on feelings of utter despair for our family.”


Speaking after the hearing, HSE principal Inspector Vicky Fletcher said: “It is heart-breaking to think Kenneth contracted Legionnaires’ a matter of weeks after moving into the Hutton Village Care Home. His family have been left devastated by his sudden death.


“Mr Ibbetson and other residents were exposed to the risk of contracting Legionnaires’ disease because adequate controls were not in place. The risk is more acute in care home settings because residents are more susceptible due to their underlying health conditions. We would expect those who have a duty of care to understand this and have the necessary controls in place to manage the risk,” she concluded.


permit, and the excavator moving while the concrete units were suspended, which was expressly forbidden in the lift plan.


The court indicated that sentence will be passed on 17th July.


Ian Prosser, HM Chief Inspector of Railways, said: “Mr Walker suffered devastating injuries in this incident and we are pleased that the guilty plea recognises the seriousness of the offence.


“We are absolutely committed to protecting the health and safety of passengers and railway staff and, as this and previous prosecutions demonstrate, will not hesitate to take enforcement action or prosecute when appropriate.”


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