FEATURE NEWS THE INCOURTS


COMPANY AND DIRECTOR PROSECUTED AFTER WORKER FRACTURES SKULL


A company and its director have been fined after an employee was struck by an object while manufacturing large steel cable drums for the offshore industry.


The man, who is now 54, had been working for Code-A- Weld (Great Yarmouth) Ltd when the incident happened on 19 November 2022. Although the company had manufactured steel drums previously, they had never manufactured drums of this size – with these ones weighing in excess of 7 tonnes.


However, during the process, the jacking set-up failed at the company’s site in Harfreys Industrial Estate in Great Yarmouth which resulted in a catalogue of serious injuries including fractures to the man’s face and skull, and him losing the sight in one eye.


He was airlifted to hospital, placed into an induced coma and spent just under three weeks in hospital whereby he needed facial reconstruction surgery.


A Health and Safety Executive (HSE) investigation found that Code-A-Weld (Great Yarmouth) Ltd failed to carry out a suitable and sufficient risk assessment; control risks from welding in confined spaces; and to provide the full training required.


The investigation also found that company director, David Fowler, failed to provide safe systems of work in relation to metal fabrication work, despite previous HSE


COUNCIL FINED AS SCHOOL TECHNICIAN LOSES FINGER


A local authority has been sentenced after a worker lost his finger while operating a machine.


Adi Soday, a technician at The Forest School in Horsham, lost his right index finger when it was sliced off by a circular bench saw on 13 June 2022.


The 29-year-old, who worked in the design and technology (DT) department, had been operating the saw to cut pieces of wood that were set to be used for a DT lesson.


While pushing one of the sheets of wood through the saw, Mr Soday, who was 27 at the time, felt a pain in his right index finger and immediately turned off the machine.


As he looked down, he saw his finger lying on the bench. 8


interventions regarding failure to risk assess activities in the fabrication workshop.


Had the company put in place correct measures, such as suitable risk assessment, safe systems of work and planning for jacking activity, the incident could have been prevented.


HSE guidance can be found at: Health and Safety in engineering workshops.


https://www.hse.gov.uk/pubns/priced/hsg129.pdf


Following a sentencing hearing at Chelmsford Magistrates’ Court on 20 June 2024, DJ Williams issued their written judgment on 5 July:


● Code-A-Weld (Great Yarmouth) Ltd, of Harfreys Industrial Estate, Bessemer Way, Great Yarmouth, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £24,000 and ordered to pay £3,500 in costs.


● David Fowler, of Harfreys Industrial Estate, Bessemer Way, Great Yarmouth, pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £2,000 and ordered to pay £1,500 in costs.


HSE inspector Natalie Prince said: “Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of working.


“If a suitable safe system of work had been in place prior to the incident, the life-threatening injuries sustained by the employee could have been prevented.”


This prosecution was brought by HSE enforcement lawyer Robert James.


A Health and Safety Executive (HSE) investigation found West Sussex County Council, the local authority in charge of the school, failed to ensure Mr Soday was trained to use the bench circular saw. Mr Soday had used the saw many times but had not been trained on how to use it safely.


West Sussex County Council pleaded guilty to breaching Regulation 9 of the Provision and Use of Work Equipment Regulations 1998. The local authority was fined £16,000, ordered to pay £4,294.60 in costs and a victim surcharge of £190 at Brighton Magistrates’ Court on 3 July 2024.


HSE inspector Russell Beckett said: “Workers must be trained properly when using high risk woodworking such as bench circular saws. This incident could have been prevented had West Sussex County Council provided Mr Soday with proper training.”


This prosecution was brought by HSE enforcement lawyer Iain Jordan and supported by HSE paralegal officer Imogen Isaac.


www.tomorrowshs.com


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