NEWS THE INCOURTS
BUILDING CONTRACTOR SENTENCED OVER UNSAFE WORK PRACTICE
A Blackburn-based building contractor has been sentenced after unsafe work methods constituted a public risk and resulted in asbestos being disturbed.
Preston Crown Court heard that in November 2020, Mr Mohammed Shafiq, owner of a roller shutter business, purchased a former warehouse in Manner Sutton Street, Blackburn to convert into smaller work units, including one for his own use. He was using his own employees for this.
A report was received by the Health and Safety Executive (HSE) from a member of the public, concerned about the fact that bricks from the blocked- up windows were being knocked out from inside onto the street below, causing risk to passers-by.
The HSE investigation found that as well as the risk posed to pedestrians, no edge protection had been installed to prevent the employees from falling. They were also at risk of an internal fall down an open shaft. Additionally, an asbestos survey had not been carried out on the building prior to work commencing.
As a result, piles of disturbed asbestos containing materials such as asbestos cement and insulation, were lying throughout the site. Workers were dry sweeping construction dust and debris possibly containing carcinogenic asbestos dusts without any respiratory protective equipment or suitable personal protective equipment. None of them had been provided with any training in asbestos awareness.
Live electric cables were being trained through water without RCD protection, posing a risk of electric shock, and there was a general lack of training and suitable equipment for work to be carried out in a safe manner. An experienced principal contractor should have been hired to assess risks and undertake refurbishment work in a controlled manner.
Mohammed Shafiq of Whitehead Street, Blackburn pleaded guilty to breaching Regulation 5 of the Control of Asbestos Regulations 2012, Regulation 4 of the Construction (Design and Management) Regulations 2015 and Regulation 4 of the Work at Height Regulations 2005. He received a 12-month suspended sentence and was fined £5,000 and ordered to pay costs of £4636.08
HSE inspector Christine McGlynn said after the hearing: “The public can be reassured that HSE takes concerns seriously and will not hesitate to investigate thoroughly and prosecute those who put workers and members of the public at risk.’’
HSE UPDATE ON DEATH OF RACHEL FISK
The investigation into the death of a Royal Air Force sergeant has been handed over to the Health and Safety Executive.
Rachel Fisk died on 2 September last year during a training event at RAF Weston-on-the-Green in Oxfordshire. Sgt Fisk was taking part in a parachuting exercise.
A joint investigation was launched with and led by Thames Valley Police. The police have concluded their investigation into offences of corporate manslaughter
and gross negligence, the Health Safety Executive (HSE) will now lead the investigation.
The criminal inquiry will determine if any breaches under the Health and Safety at Work Act have occurred.
HSE principal inspector Stephen Faulkner said: “It is important HSE completes the investigation into Rachel’s death to determine the cause of this incident.
“HSE will draw upon the evidence gathered so far and call upon its own specialist investigators and independent support in what is likely to be a complex investigation.
“During the investigation we will continue to keep in touch with Rachel’s family as we send them our deepest sympathies at this difficult time.”
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