I would like to thank Rob for his excellent expertise and assistance with Health and Safety issues. He was extremely efficient with answering any queries and delivering the required documents very quickly! Would certainly recommend this company and will be using these services again in the future.

HVC Ltd

Clearwater Safety Solutions provide professional but realistic health and safety advice to SME’s across Sussex, Surrey, and Hampshire through south London and into Essex and Kent.

What makes us different from the rest? The clue is in the Company name – we put Clear Water between us and other safety advisors. And by doing so we give you Peace of Mind.

True or False

We are a small company – Health and safety doesn’t apply to us…
False. Health and Safety applies to all businesses from sole traders to multi-nationals in all work sectors. But it is all relative; if you and your neighbour run a home based bookkeeping service, you will need far less than a 10 man construction firm.

Of course it’s safe, we’ve been working this way for years…
False. Doesn’t matter how long you have been doing it, every day people are injured doing jobs they have done all their lives. People become blasé once they know what they are doing and take shortcuts…

Times are hard, money is tight. Health and safety is just an expense we can’t afford at the moment…False. Just one ‘small’ accident to one of your staff or to someone else can easily cost you £000’s. Add to that the potential damage to your reputation, an increase in your insurance costs, loss of production, replacement labour etc …

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An exhibitions and displays company has been fined for safety breaches after a labourer was crushed by a road roller.

The incident occurred in November 2015 at Quantum Exhibitions & Displays Ltd in Hipperholme.

The 26-year-old injured worker sustained several breaks to his right leg tibia and fibula bones along with burns to his right hand and an open fracture of the index finger on the same hand when the three tonne vibrating road roller he was using slid down a steep incline and pinned him beneath it.

Quantum Exhibitions & Displays Ltd of Brow Mills Industrial estate, Hipperholme pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined £70,000 with £4,139.50 costs by Calderdale Magistrates Court.

After the hearing, HSE inspector Jacqueline Ferguson commented: “There was no vehicle restraint or edge protection system in place to prevent vehicles from approaching the unstable edge of the embankment with the foreseeable risk of the vehicle overturning. This was a serious accident that could have proved fatal.

“Companies should be aware that the HSE will not hesitate to take appropriate action against those that fall below the required standards.”
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A building site manager who had a “total disregard of health and safety” has been convicted of gross negligence manslaughter following the death of a 40-year-old worker who died when he fell through a skylight. Site manager Faruk Patel “continued to put workers’ lives at risk even after a fatal accident on the site” the Health and Safety Executive (HSE) said.
In court

The court heard how during the afternoon of Saturday 24 January 2015 Tasadaq Ur-Rehman was working on a site in St Saviours Hill, Leicester, when he fell through a skylight aperture in a first floor roof and sustained serious head injuries.

He was taken to the Leicester Royal Infirmary but later transferred to the Queen’s Medical Centre in Nottingham where he subsequently died on Wednesday 28 January.

Following Mr Ur-Rehman’s death a joint investigation between Leicestershire Police and the HSE was launched.

The investigation discovered that Mr Patel was the manager on the building site and had asked Mr Tasadaq to fit windows on the first floor. Mr Ur-Rehman, an experienced window fitter, agreed to fit doors and windows on the site over the weekend of 24 and 25 January 2015.
Faruk_Patel

Credit: Leicestershire Police Faruk Patel – convicted of gross negligence manslaughter and health and safety offences

However, shortly after arriving on site he fell three metres through an open skylight on a first floor flat roof.

On 26 January, HSE inspectors issued a prohibition notice on Mr Patel, ordering a halt to any work at height. But on two subsequent visits, one after Mr Ur-Rehman’s death, they found evidence that work had continued.

When police attended on 10 February and again found the order had been breached, Mr Patel was arrested and charged with manslaughter by gross negligence.
Investigations

Investigations revealed that:

there was no scaffolding provided in the area where the windows were to be fitted;
there was no safe method of transferring the windows to the first floor, where access was only by way of a broken, untethered ladder;
ladders were not secured properly and one was found balancing in a pile of sand;
nobody on site was wearing any personal protective equipment;
there was no qualified first aider on site;
openings in the ceilings on the first and second floors were not guarded;
there were no signs warning of hazards; and
scaffolding was not properly secured on the site.

Sentencing

On Friday 15 July 2016, Faruk Patel, 40, of Upperton Road, Leicester was found guilty of manslaughter by gross negligence after a trial at Birmingham Crown Court. A jury convicted Patel after less than three hours of deliberation.

Mr Patel also pleaded guilty in December 2015 to three health and safety offences. He was sentenced to 2 ½ years in prison for manslaughter by gross negligence and eight months in prison for the health and safety offences, to run concurrently.

On sentencing Mr Justice John Saunders said: “It seems the defendant had no idea of the responsibilities he had for maintaining the safety of the site. The defendant paid no regard to health and safety requirements whatsoever.”
Comments

Detective Inspector Alex Hathaway was the senior investigating officer on the enquiry. He said: “This was a tragic incident which could have been avoided had Patel taken his role to protect his workforce on the building site seriously.”

Detective Constable Beverley Toon, who led the investigation said: “The investigation revealed that scaffolding outside the building was constructed haphazardly. It was not fitted with appropriate walkways but just a few unsecure planks of wood. Nobody on site was wearing any personal protective equipment, there were no warning signs anywhere and no qualified first aider on site.

“This was a serious dereliction of Patel’s duty, one that made him responsible for protecting people on site. His negligence and total disregard of health and safety directly contributed to the unnecessary death of a worker.

“Tasadaq’s wife and two young children now face the rest of their lives without their loved one. We hope this conviction helps the family to come to terms with what happened.”

Detective Inspector Hathaway added: “We also hope this case acts as a deterrent to others in the building trade and ensures they think about the health and safety of their workers at all times.”

Health and Safety Executive inspector Sarah Hill said: “We identified several areas around the St Saviours Hill site where falls could occur, and where workers were at risk of being seriously injured or killed as a result. No health and safety precautions had been taken in relation to health and safety on this site. Faruk Patel continued to put workers’ lives at risk even after a fatal accident on the site.

“The difference between where Faruk Patel was in relation to his legal obligations and where he should have been created extreme risk. He fell far short of what the law required and put lives at risk.”

During the sentencing hearing, a victim impact statement from Mr Ur-Rehman’s family was read out in court. It said: “The loss of Tasadaq Ur-Rehman has had a devastating impact on our lives.

“We’ve lost a loving dad, husband and one of the most wonderful people we’ve known. His family meant everything to him.

“He was taken away from us in his prime.

“Every day little things remind us of him but we know he is not coming back.”

Deanna Heer, prosecuting, said that even after the fatal fall, Patel refused to accept any responsibility for the safety of workers on his site.

In court, she told the jury: “[Patel] said [safety] was everyone’s responsibility and that the tradesmen knew the dangers of working on a building site.

“He said if they did not work safely, well, that was their fault; everyone took care of themselves.

“He said if the deceased needed help he should have asked for it and, since he chose to work alone, the deceased only had himself to blame for his misfortune. As far as he was concerned, the site was safe.”

Mr Justice Saunders told him: “It is an aggravating feature that despite a prohibition notice the defendant continued to allow people to work on both the first and second floor. The second offence was after Mr Ur-Rehman died.

“I take into account that he had no intention of Mr Ur-Rehman suffering harm and never thought he might. Nevertheless, the defendant caused a death through gross negligence.”
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Potentially tricky position for care homes. How do you keep fire exits open while keeping your residents secure.

Talk to us - we are looking after care homes with just this problem

A care home has admitted safety breaches after a resident, who had severe dementia, died after falling from a fire escape staircase, in November 2012.

George Chicken, 76, wandered through a first floor fire escape door at Rose Court Lodge in Mansfield, Nottinghamshire. He died in hospital 48 hours later.

The court heard how Mr Chicken, who had undergone hip and knee replacements, was often confused, anxious and unsteady, and was known to wander around the home and had previously pushed open fire exit doors to get out.

Mr Chicken’s daughter, Valerie Clowes said outside court: “To think all it would have taken to save my dad’s life was a £5 thumb screw for the door he went thorough or a £20 child gate on his bedroom door.”

Bernard Thorogood, representing Mansfield District Council said it was obviously unsafe to have to have a set of concrete stairs accessible to residents, not locked: “Just push the bar and through they go” he said.

Embrace All Ltd pleaded guilty to failing to ensure residents were not exposed to risks to health and safety.

Manager Amanda Dean of Ambergate, Derbyshire, pleaded guilty to failing to take reasonable care of persons affected by her work.

Two other charges against Dean were dropped.

The defendants will be sentenced in September.
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Saw this in London. At first glance it looks good - but then I noticed there's no easy (safe) access to it...Oh well, they tried lol ... See MoreSee Less

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Surely this an instance of where the HSE should be prosecuting the Directors...Would you want to work for this company?????

A food waste disposal and recycling firm has been fined £250,000 after three employees were overcome by toxic gases, including hydrogen sulphide, and a reduced oxygen atmosphere in an animal waste facility in Stoke-on-Trent. The prosecution comes 12 months after the firm was fined £660,000 following the death of an employee.
The firm’s previous prosecutions reported by SHP:
Company ordered to pay over £847k following second fatality at site
GBP 620,000 fine for offal tank death

Prosecuting, the Health and Safety Executive (HSE) told Stafford Crown Court that, on 23 April 2014, an employee of John Pointon and Sons Limited accessed a compartment within an animal waste trailer to free animal waste and was overcome by the gases.

The Stoke Sentinel reported that driver William James was unloading carcasses from a truck during his night shift.
After emptying one compartment of his trailer, which was covered with a tarpaulin, he climbed onto a gantry to roll the tarpaulin back before tipping out a second load. On noticing a pig carcass stuck between compartments, he climbed inside the trailer to dislodge it with a shovel.

Mr James was overcome by hydrogen sulfide – produced by the rotting carcasses – and a lack of oxygen.

In a statement he said: “It felt like only a few seconds when I started to feel dizzy.

“That’s the last I remember.”

Subsequently, two further employees entered the waste compartment and were also overcome by the gases, as they tried to help their colleague.

Mr James suffered bruising and a head wound which required stitches, while another worker spent five days in hospital.

The court heard that:

employees would regularly have to climb over the side of a trailer to dislodge carcasses, but there was no instruction given to staff on how to enter a trailer;
the firm did not class a trailer as a ‘confined space’ and no risk assessment was carried out;
the preventable incident could have resulted in fatalities; and
the company had been prosecuted twice before for two fatal incidents which involved confined space entry within a processing plant.

John Pointon and Sons Limited, of Bones Lane, Cheddleton, Stoke-on-Trent, was fined £250,000 with costs of £37,362 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999 and Regulation 5(1) of the Confined Spaces Regulations 1997.
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Completely avoidable. Somehow the Directors managed to avoid being held liable...#howthehelldidtheymanagethat

A tyre company in Kent has been sentenced for safety failings after a young workers was killed when a tyre exploded.

Matthew Hoare, 21, was repairing a puncture to the tyre of a ‘dresser loading shovel’ when it exploded, Canterbury Crown Court heard.

An HSE investigation into the incident found that Matthew, who was employed by Watling Tyre Service Limited of Kent, was working on his own with inadequate work equipment that was not properly maintained.

The investigation found that he was not trained or competent to undertake the work he was told to complete.

Mike Walters, principal inspector for the HSE, said: “Employees need to be provided with properly maintained equipment and the correct equipment to undertake tasks while out on site.

“Employees also need to be trained and competent in the tasks they were asked to undertake.”

Watling Tyre Service Limited pleaded guilty at a previous hearing on 29 January 2016, to breaching Section 2(1) and 3(1) of the Health and Safety at Work etc Act 1974.

On 1 June, they were fined £1 million and ordered to pay costs of £99,485
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Association for Project Safety

FPA Member logo 2016

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BNI member