Dallas McMillan's Glasgow Lawyers' Blog

A countryside management firm has been sentenced over the death of a father-of-four in Barrow-in-Furness, who was struck by a piece of metal that flew off a strimmer at high speed.

Tony Robinson died after a link from a chain, spinning at around 300 miles an hour on a petrol strimmer, became detached and struck him on the back of the neck, causing fatal injuries.

Mr Robinson, a self-employed contractor, had been hired to help clear undergrowth at the site during the construction of the new Waterfront business park. He was using a chainsaw to cut back the overgrown vegetation, with another worker using the strimmer on a nearby bank.

The chain attachment had been added to the strimmer so it could be used for more heavy-duty work. But the HSE investigation found ThreeShires had not properly considered the risks of using the attachment, and had allowed Mr Robinson to work close to where the strimmer was being operated.

The company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 by failing to ensure the safety of workers and was fined £15,000 and ordered to pay £10,000 in prosecution costs.

HSE issued a Safety Alert following Mr Robinson's death, warning that there was a risk of death or serious injury from the use of the strimmer attachment.

It also served an immediate Prohibition Notice against the sole importer of the chain attachments in the UK, which resulted in a nationwide ban on the sale or supply of the product.

The attachment has now also been banned across Europe, after HSE alerted the European Commission to the issue.

A Cardiff company has been fined for putting the health of demolition workers at risk after a building survey failed to identify the presence of asbestos.

Between 15th and 25th January 2010 PHH Environmental (UK) Ltd was commissioned to produce an asbestos survey on the soon to be demolished Old Castle Cinema in Merthyr Tydfil.

Merthyr Tydfil Magistrates' Court heard that PHH's client relied on this survey to help its demolition company plan the work. But once demolition was underway, workers discovered asbestos and found they had disturbed it.

PHH Environmental (UK) Limited pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work etc Act 1974. The company was fined £5,000 and ordered to pay costs of £3,000.

HSE inspector Steve Richardson investigated the case. He said:

"Anyone carrying out refurbishment or demolition work relies upon accurate asbestos surveys to reduce the risk of them being exposed to deadly asbestos fibres. It is essential that those surveys are comprehensive, intrusive and undertaken by competent persons - if not lives are needlessly put at risk."

When asbestos fibres are inhaled they can cause serious diseases which are responsible for around 4,000 deaths a year.

A specialist crane supplier has been fined £180,000 after a worker was killed when a large steel beam fell on him at an incinerator in Slough, Berkshire.

Colin Dickson, 38, of Motherwell, died when the temporary suspension points on a suspended beam he was under failed. The 1.4 tonne beam fell five metres onto Mr Dickson causing fatal injuries to his chest, and fractures to his legs and back.

The Health and Safety Executive (HSE) prosecuted Mr Dickson's employers J H Carruthers Ltd and one of its supervisors after an investigation into how the lifting operation failed.

The HSE investigation found that the lifting operation could have been successful if the whole process had been planned, appropriately supervised and carried out in a safe manner from the outset.

HSE's Inspector Karen Morris said:

"This tragic incident shows the importance of carrying out a thorough assessment of hazards and properly managing all lifting operations. This was a complex and unusual lift which went drastically wrong due to a lack of competent planning and a failure to supervise and carry out the task safely. The risks involved in such lifting operations should not be underestimated.

"Health and safety law places stringent requirements on employers in these circumstances, for very good reason. This incident was entirely preventable and it should act as a reminder to others that standards need to be maintained to ensure the safety of workers at all times."

J H Carruthers Ltd pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974. The firm was fined £180,000 and ordered to pay costs of £74,000.