FEATURE NEWS


COMPANY CHARGED AFTER RESIDENTS PUT AT RISK DURING CLADDING REMOVAL


A health and safety inspector found cladding lying on residents’ balconies at a Liverpool apartment block, posing a serious fire risk.


The combustible cladding was similar to that used on Grenfell Tower when the 2017 disaster occurred. Green Facades Limited had been contracted to remove the potentially dangerous aluminium composite panels and combustible insulation material from The Circle, an eight- storey building on Henry Street.


When an inspector from the Health and Safety Executive (HSE) first visited the site on 10 January 2022, the inspection revealed that, in preparation for the removal work, combustible material had been left exposed and there were inadequate means of escaping from the scaffold which was being erected.


The situation had worsened when the inspector returned a few days later, on 21 January 2022. Further combustible material had been exposed with no protection from potential sources of ignition, and combustible cladding material was found lying on residents’ balconies. As the building remained occupied during the works, the inspector alerted Merseyside Fire and Rescue Service who took their own enforcement action.


Green Facades Limited had been subject to earlier enforcement for similar breaches during cladding removal at a site in London. At that time the company was provided with advice on sustainable compliance with the regulations.


An investigation by HSE found that Green Facades Limited, had failed to take appropriate precautions to address the risk of fire and to ensure the safety of residents, workers, and others. It had also failed to take account of published guidance on the safe removal of cladding following the previous issue in London.


The company of Woolwich Road, London pleaded guilty to breaching regulations 11(1) and 13(1) of the Construction (Design and Management) Regulations 2015. AT Liverpool Magistrates’ Court the company was fined £240,000 and ordered to pay costs of £5,405.


After the hearing HSE inspector Jackie Western said: “The disturbing irony of this case is that work to protect residents from fire risk ended up making the situation more dangerous.


“This prosecution highlights the need for responsible management of the removal of cladding. The potentially tragic consequences of fire involving this type of material are well known following the Grenfell Tower fire.


“Despite earlier interventions and advice from HSE, and the availability of a wealth of guidance from HSE and others, this company continued to fail in its duty to address the risk of fire, putting people’s lives at risk.”


This prosecution was supported by HSE lawyer Matthew Reynolds.


FURNITURE COMPANY FINED OVER MULTIPLE WOOD DUST FAILURES


A Cheshire furniture company has been fined £16,000 after it repeatedly failed to protect its employees from exposure to wood dust.


Pineland Furniture Ltd, based on Witton Street Northwich, was inspected by the Health and Safety Executive (HSE) on two separate occasions over a two- year period – with both identifying identical breaches.


Nathan Cook, HSE senior enforcement lawyer, told Chester Magistrates Court, how a visit in December 2019 found significant breaches of the Control of Substances Hazardous to Health Regulations 2002 (COSHH) – resulting in six improvement notices being served. These included requirements for the company to undertake statutory examinations of its wood dust extraction systems and to undertake face fit testing for those employees required to wear tight fitting face masks.


However, another visit to the same premises in November 2021 found identical breaches and again improvement notices were served.


This inspection came as part of HSE’s national campaign targeting woodworking businesses. The


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significant occupational health risks associated with wood dust and the continued failure to ensure control of exposure to wood dust resulted in HSE prosecuting the company.


Pineland Furniture Limited pleaded guilty to breaching regulations 7(1) and 9(2)(a) of COSHH. They were fined £16,000 and was ordered to pay £3,008 costs at a hearing at Chester Magistrates Court on 11 October 2023.


After the hearing, HSE inspector Ian Betley said: “Wood dust is a substance hazardous to health because it can cause serious non-reversible health problems, including asthma; dermatitis; and irritation to the eyes, nose and throat.


“Occupational lung disease causes the death of 12,000 people in Great Britain annually, and there are an estimated 19,000 new cases of breathing and lung problems each year, where individuals regarded their condition as being caused or made worse by work.


“It is important to carry out statutory thorough examinations of extraction equipment and ensure face fit testing, as required by COSHH to help prevent ill health.


“We will not hesitate to take enforcement action when necessary to make sure workers’ health is protected.”


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