NEWS IN THE C A round up of prosec EXPLOSIVE RESULT FOR
RECYCLING COMPANY A Sussex-based recycling company has been fined following an explosion and fire at their site in Surrey which left a worker in an induced coma.
Portsmouth Crown Court heard how a massive explosion occurred at Ereco EMEA Corporation Ltd site on 3rd October 2011 at Hobbs Industrial Estate, Lingfield, Surrey, following the storage of print toner on site. Eight people were injured as a result of the explosion, five seriously. A 30-year-old worker was placed in an induced coma and remained in hospital for 15 weeks.
A joint investigation by the Health and Safety Executive (HSE) and Surrey Fire and Rescue Service (SFRS) found that Ereco failed to ensure
SCAFFOLDER AVOIDS JAIL OVER UNSAFE
WORKING AT HEIGHT A 28-year-old scaffolder has been sentenced after working at height without suitable and sufficient safety measures in place.
Greater Manchester Magistrates’ Court heard how, on 30th June 2017, Terrance Murray was witnessed erecting scaffold in an unsafe manner by a concerned member of the public. Photographs were taken of Mr Murray standing on top of the scaffold in Quay Street, Manchester, with no edge protection and no harness attached to any part of the scaffold or building.
The fall height was estimated between 13 and 18 metres. If he had fallen from this height into the concrete deck of the car park below there is a high probability that he would have sustained fatal injuries.
An investigation by the Health and Safety Executive (HSE) found that
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there was a safe system of work in place to reduce the risk of dangerous substances; this could have been completed through carrying out suitable fire risks assessments and following guidelines in Dangerous Substances and Explosive Atmospheres Regulations 2002.
The investigation also found that Paramount Waste Extraction Ltd, the company who designed the machinery that was used to shred and process the toner cartridges, did not consider the likely misuse of the machine by overloading the processing of toner with more than a residual amount of toner powder left inside; it was found they relied on generic data to determine whether an explosive atmosphere may arise.
Ereco EMEA Corporation Ltd of Lewes Road, Forest Row, East Sussex
Mr Murray’s employers had taken reasonable steps to avoid working unsafely at height. Mr Murray was well trained and experienced, and had the correct equipment available to him in order to work safely. He acted alone against his better interest and training to work without edge protection and safety measures in place. Mr Murray was also accompanied by a trainee scaffolder at the time and so was setting an unsafe example.
Mr Terrance Murray of Largs Road, Blackburn pleaded guilty to breaching Section 7(a) of the Health and Safety at Work Act 1974 and was sentenced to 26 weeks in prison, suspended for one year and 100 hours of community service.
pleaded guilty at an earlier hearing to breaching Section 2 (1) of the Health and Safety at Work etc Act 1974. The company also pleaded guilty to an offence under the Regulatory Reform (Fire Safety) Order 2005 of failing to take general fire precautions.
A sentencing hearing took place at Portsmouth Crown Court in December 2017 and sentence was handed down this month. Ereco EMEA Corporation Ltd was fined £30,000, £15,000 for each offence. The firm was also ordered to pay costs of £30,000.
Paramount Waste Extraction Ltd of Redehall Road, Smallfield, Surrey pleaded guilty to breaching Section 3 (1) of the Healthy and Safety at Work Act 1974. The company has been fined £16,000 as well as being ordered to pay £16,000 towards court
Mr Murray was also ordered to pay costs of £500 and a victim surcharge of £115.
Speaking after the hearing, HSE inspector Seve Gomez-Aspron said: “This case highlights the importance of following industry guidance in order to erect scaffolding in a safe manner, which does not cause risk to members of the public and workers using the scaffold. It also serves to remind employees that they have a duty to look after themselves.”
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