FEATURE NEWS THE INCOURTS
GLAZING COMPANY FINED AFTER WORKER FRACTURES BACK AND RIBS IN FALL
A company has been fined after an employee fractured his back and ribs following a fall from a house in Frodsham, Cheshire.
The man was working for Renka Limited after the company had been hired to supply and install windows, doors and frames at the property on Village Road.
Renka Limited workers arrived at the property on 31 August 2021 to begin the installation of a rooflight, but the tower scaffold they had been provided with was too large and could not be positioned in the area where it was needed. As a result, the workers made a platform using the boards from the tower scaffold and wedged them between the roof joists. They then gained access to the work area via the external scaffolding.
Following the installation of the rooflight frame, one of the workers stepped from the roof onto the platform, at which point a board broke, causing him to fall
COMPANY AND DIRECTOR PROSECUTED FOR UNUSABLE TOILET
A company and its director have been fined after they failed to provide suitable welfare facilities at a construction site in Belsize Park, North London.
East Sussex firm ID8 Design and Build Ltd was in charge of the site on Carlingford Road where the company was carrying out a full refurbishment of a two-storey flat into a converted house, including the erection of front and rear dormers.
A Health and Safety Executive (HSE) inspection of the site on 29 November 2021 found the welfare facilities did not comply with the minimum requirements as set out in Schedule 2 of the Construction (Design and Management) Regulations 2015; the toilet provided was not flushable and was in a room without a door or window coverings. There was no sink, no hot water, no soap and no towels – cold water only was available from a pipe in the room next to the toilet. No rest area had been set up by the company either.
approximately 5m to the ground below. As a result, the worker, who was 35 at the time, suffered fractures to his back and ribs.
An investigation by the Health and Safety Executive (HSE) found Renka Limited failed to adequately plan the work at height and failed to provide suitable work equipment to enable the work to be carried out safely. The investigation also found that the company’s employees had not been provided with any instruction as to how the work should be carried out, and had not been provided with adequate training for working at height.
Renka Limited, of Birmingham Road, Marlbrook, Bromsgrove, Worcestershire, pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. The company was fined £12,000 and ordered to pay £3863.25 in costs at Birmingham Magistrates’ Court on 20 February 2023.
HSE inspector Sara Andrews said: “The incident could have been prevented by the adequate planning of the work and the provision of suitable equipment for work at height, together with relevant training and instructions. It is fortunate that the injuries suffered by the employee were not far more serious, or even fatal.”
ID8 Design and Build Ltd was then issued with an Improvement Notice by HSE requiring the firm to ensure suitable welfare facilities were available at the site.
However, a second inspection by HSE on 5 January 2022 found no sufficient improvements had been made as required by the Improvement Notice issued.
At Westminster Magistrates’ Court on 15 February 2023 ID8 Design and Build Ltd, of Blatchington Road, Hove, East Sussex, was fined £1334 and ordered to pay costs of £1748. ID8 Design and Build Ltd director Adeel Bhatti, of Blatchington Road, Hove, East Sussex, was fined £416 and ordered to pay costs of £1622.07.
HSE inspector Emma Bitz said: “Providing suitable and sufficient toilets is an absolute duty and there is no exception to them being provided or made available. The reality is that many of the smaller sites we inspect don’t have basic facilities at all.
“Inspectors will not hesitate to take appropriate enforcement action against employers who fail to comply with an Improvement Notice. Welfare is a fundamental and basic necessity for workers. It is also required by law.”
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