NEWS COURTS cutions from the HSE.
SURVEYOR PROSECUTED AFTER FAILING TO DETECT
ASBESTOS A specialist asbestos company has been fined after failing to detect asbestos at a demolition site.
Greater Manchester Magistrates’ Court heard how EAS Asbestos Limited were commissioned to conduct refurbishment and demolition surveys by Mercer Brother Limited, a construction company who were contracted to demolish garages for Hyndburn Homes.
EAS Asbestos stated in their surveys that asbestos was only present in the cement roof sheets, there were no areas that could not be accessed, and that there was no asbestos insulation board present in the garages.
On 1st February 2017, the demolition of the garages went ahead but work was immediately stopped when suspect material was found. Another surveying company was brought in and confirmed the presence of large amounts of asbestos insulation board in the demolition rubble.
CARE HOME FINED AFTER DEATH OF
RESIDENT A care home has been prosecuted after a 77-year-old resident slipped down in her specialised wheelchair and died.
Chesterfield Magistrates’ heard how, on 21st July 2013, a resident at a care home managed by Hill Care Ltd in Bakewell had been left in her room in her wheelchair for almost three hours, with no checks taking place, when she slipped down the wheelchair and died. The home’s policy was to not leave residents in wheelchairs in their rooms at all but this was not followed.
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An investigation by the Health and Safety Executive (HSE) found that the survey carried out by EAS Asbestos Limited was incorrect and misleading.
EAS Asbestos Limited of Lower Meadow Lane, Huthwaite, Sutton in Ashfield, pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work Act 1974. The company was fined £6,700 and
Due to poor communications at shift changeover, the resident was only found a number of hours after she had been left by a family member, by oncoming nightshift when they carried out their nightly checks.
An investigation by the Health and Safety Executive (HSE) found that Hill Care Limited both failed to train staff in the proper use of specialised wheelchairs and to inform family and friends how to use the chair on trips out. The investigation also found the company failed to devise, implement or properly manage structured and effective systems assuring the whereabouts of patients is known and failed to ensure there was clear communication of such essential information at shift handovers.
ordered to pay costs of £1,000 and a victim surcharge of £170.
Speaking after the case, HSE inspector Jacqueline Western said: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
Hill Care Limited of Saltergate, Chesterfield, pleaded Guilty to breaching section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £100,000. The company was also ordered to pay £12,000 in costs.
Speaking after the hearing, HSE inspector Steve Shaw said: “This case highlights the need for companies to have in place a system to identify where residents are, and if they need attending to, after being taken out or moved around the home. This information should then be clearly communicated between staff at shift changeovers. Systems such as are easy to implement and would have helped prevent an incident such as this from occurring.”
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