Accident Claims & Personal Injury Lawyers Scotland Blog

A farm company in Northern Ireland (NI) has been fined a record £187,500, plus £13,000 costs for health and safety failings that led to the death of 45-year-old employee Robert Wilson.

A private healthcare provider managing a hospital in Ipswich has been fined for safety failings after an employee suffered a fractured kneecap.

InjuriesBoard.ie has published a review of workplace accidents in Ireland in 2011 that shows compensation totalling €22.5million (2010: €25.1million) was awarded in respect of 830 (2010: 889 awards) personal injury workplace claims.

On Saturday 28th April, unions and safety campaigners around the world will be marking Workers' Memorial Day and remembering the two million men and women who die every year as a result of work-related accidents and diseases.

An Edmonton-based recycling company has been fined for failing to protect employees working with lead.

One in four call centre agents suffer voice problems because managers are failing to properly protect their health, a health and safety body has said.

With effect from 6th April, employers no longer have to report to the Health and Safety Executive (HSE) injuries which keep workers off normal duties for seven or fewer days. Previously, injuries had to be reported if they kept workers off normal duties for more than three days.

The Supreme Court has given its decision in the appeal by insurance companies over their obligations under various contracts of employers’ liability (“EL”) insurance. In particular, the appeals concern the scope of the insurers’ obligations to indemnify employers against their liabilities towards employees who have contracted mesothelioma following exposure to asbestos.

A firm specialising in the manufacture of wooden doors and windows has been fined for safety failings after a worker died at its Leyton premises.

Andrzej Rokita had been with M M Contracting Ltd for only ten days when he attempted to help his son, also an employee, to remove a large board from the middle of a pile stacked upright against a wall in the workshop.

The company's usual system for doing this was for one employee to stand in front of the stack, taking the weight of the unwanted boards on his hands, while a fellow worker pulled out the chosen one from the side. Unfortunately as Mr Rokita tried to support the weight of the leaning wooden panels they toppled over, crushing him and causing fatal head injuries.

The Health and Safety Executive (HSE) investigated the incident and found that the company did not have a safe system of work for the storage or retrieval of boards. Storing the boards flat on the floor or using a simple purpose-built racking system would have greatly reduced the risk of injury.

After today's sentencing hearing at Southwark Crown Court, HSE inspector Kevin Smith said:

"This was a death waiting to happen. Incidents such as this are still a common occurrence in the industry despite the existence of guidance from the HSE offering simple, inexpensive solutions for stacking wood safely.

"As a direct result of the company's failure to provide safe storage for their everyday materials, a father and husband has lost his life. There is no excuse for employers not ensuring that wood on their premises is properly stored, posing the most minimal risk to their staff."

The company pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £26,000 and ordered to pay £9,000 in costs.

The owner of racing stables in North Yorkshire has been prosecuted after a yard worker fell more than three metres through a skylight in a stable block.

Paul Cussons, who had worked at Thorndale Farm near Richmond for 26 years, was asked by trainer and bloodstock agent Alan Swinbank to cut down some overhanging trees above an ageing stable block before planned renovation work.

Mr Cussons had not been trained in either the use of a chainsaw or in how to work safely at height. He took a chainsaw onto the roof of the stable block but as he was sawing through the branches he slipped on some leaves and fell through a skylight, landing on the concrete floor below. He broke both shoulder blades, fractured a rib and punctured a lung.

The Health and Safety Executive investigated and two Prohibition Notices were served on Mr Swinbank preventing further work activity with the chainsaw and stopping work at height.

Mr Alan Swinbank pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974. He was fined £10,000 and ordered to pay £6,048 in costs.

The agricultural sector has the highest rate of fatalities of any other industry in Great Britain. The five year average rate of fatal injury is 0.7 per 100,000 for all workers. In agriculture, it is 9.6 per 100,000, much higher than any other industry. In 2010/11 there were 34 fatal injuries to workers.

Construction sites are being put under the spotlight as part of an intensive inspection initiative aimed at reducing death, injury and ill health.

During February and March, inspectors from the Health & Safety Executive (HSE) will be visiting sites where refurbishment or repair works are being carried out. This is part of a national drive to improve standards in one of the Britain's most dangerous industries.

Their primary focus will be high-risk activity such as working at height and also 'good order' such as ensuring sites are clean and tidy with clear access routes.

The purpose of the initiative is to remind those working in construction that poor standards are unacceptable, and could result in enforcement action.

During 2010/11, 50 workers were killed while working in construction and 2298 major injuries were reported. Falls from height remains one of the most common causes of fatalities and major injuries in the construction sector in Great Britain, with more than five incidents recorded every day.

Philip White, HSE Chief Inspector of Construction, said:

"The refurbishment sector continues to be the most risky for construction workers, all too often straightforward practical precautions are not considered and workers are put at risk. In many cases simple changes to working practices can make all the difference.”

Railcare Ltd has been fined £133,000 (reduced from £200,000 on account of their guilty plea) at Glasgow Sheriff Court for a breach of Section 2 of the Health and Safety at Work etc Act 1974, following the death of one of their employees in December 2008. John Smith, a 53-year old employee of the company, died as a result of head injuries sustained whilst working at an axle lathe that had an unguarded chuck.

The company pled guilty to:

An experienced technician at a plastic products factory in Cornwall was killed after he was crushed between the plates on a machine used to make plastic lids.

The Health and Safety Executive prosecuted Curver UK Ltd (formerly Contico Europe Ltd) for failing to provide adequate safety measures.

Truro Crown Court heard that in preparing the machinery Mr O'Dwyer needed to access the plastic mouldings machine's plates. This was normally done via a guard which, when opened, prevented the machine from operating. However in this case one of the conveyors on the machine had been removed and Mr O'Dwyer was able to access the machine through an unguarded gap. Whilst he was inside the press started to operate and the plates closed crushing him at a pressure of over 1,000 tonnes.

Curver UK Ltd pleaded guilty to committing a breach of Regulation 11 (1) of the Provision and Use of Work Equipment Regulations under Section 33(1) (c) of the Health and Safety at Work Act 1974 and was fined £160,000 and ordered to pay £32,000 costs.

Fifteen people lost their lives while at work in Scotland last year and 2,645 suffered a major injury, according to the latest statistics.

The Health and Safety Executive (HSE) has issued a fresh warning about workplace safety after the number of deaths rose across Great Britain in 2010/11. It is urging employers to make the safety of workers their top priority for 2012, and is reminding them of their legal responsibility to ensure lives are not put at risk.

A total of 171 people were killed at work in Great Britain last year, compared to 147 deaths during 2009/10. More than 24,700 workers also suffered a major injury in 2010/11.

The 15 deaths and 2,645 major injuries across Scotland compare to 22 deaths and 2,655 major injuries in 2009/10. Another 7,598 workers suffered an injury or ill health which required them to take at least three days off work in 2010/11, compared to 8,137 in 2009/10.

The latest provisional figures show that, on average, six in every million workers were killed while at work between April 2010 and March 2011.

High-risk industries include construction which had 50 deaths last year, agriculture with 34 deaths, and waste and recycling with nine deaths, making up more than half of all workplace deaths in Great Britain during 2010/11.

Dr Paul Stollard, HSE Director in Scotland, said:

"These statistics highlight why we need good health and safety in British workplaces. Employers should spend their time tackling the real dangers that workers face rather than worrying about trivial risks or pointless paperwork.”

A recent resolution passed by the European Parliament has called for new technologies to be covered by current EU health and safety rules.

The Government has announced plans to begin a major cut back of health and safety legislation as early as January. It will begin an immediate consultation on the abolition of large numbers of health and safety regulations and intends to have removed the first rules from the statute book within a few months.

A Dartford firm has been fined after an employee was seriously injured when he was crushed by a reversing lorry at the KBC Logistics depot in Essex.

A costume designer is suing the National Film and Television School for damages after she was injured falling off a staircase, reports the Telegraph.

Two roofers have received suspended sentences after a Derbyshire office worker was injured when a roll of roofing felt crashed through the ceiling of her office.

New figures have shown that the ongoing trend for falls in the number of people injured and made unwell at work has continued.