A quick review of several recent fines and prison sentences

Several recent fines and prison sentences are shown below in several cases taken by the HSE and the Police.

Many incidents can be avoided by good management, and by forethought.

Director Jailed – Simon Thomerson has been sentenced to 8 months in custody after pleading guilty to a health and safety breach that resulted in the death of two brothers.

Simon Thomerson has been sentenced to 8 months in custody after pleading guilty to a health and safety breach that resulted in the death of two brothers.

Luton Crown Court heard how Mr Thomerson, the sole owner and director of Clearview Design and Construction Ltd, had been contracted by the owners of an industrial park in Hoddesdon, Hertfordshire to refurbish several of the units.

Brothers Ardian and Jashar Lamallari had been employed as labourers and were working inside the unit at 16:45 on 3 October 2015 when an explosive fire occurred within one of the units. Both brothers suffered near 100 per cent burns and died within 12 hours of the incident. A third man who was working with them also suffered severe burns, but survived.

A joint investigation by Hertfordshire Constabulary and the Health and Safety Executive (HSE) found that Mr Thomerson had supplied the three men with several litres of highly flammable “thinners”, which they then poured onto the floor of the unit to remove old dried carpet tile adhesive.

The investigation found that Mr Thomerson had given no serious consideration to the safe use of the thinners, despite the obvious warnings on the containers. The vapour spread over an area up to half the size of a tennis court and was ignited by one of several possible ignition sources that were in the area.

Sole owner and director of Clearview Design and Construction Ltd, Simon Thomerson of Sutherland Avenue, London, pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work etc. Act 1974. He received a custodial sentence of 8 months and was ordered to pay a victim surcharge of £170.

Detective Inspector Justine Jenkins from the Bedfordshire, Cambridgeshire and Hertfordshire Major Crime Unit who led the investigation said:

“This was a tragic event that led to the death of two men in absolutely horrific circumstances. We have worked closely with HSE and our other partner agencies to ensure that the failings by those in control of the site were identified and prosecuted and are satisfied that the sentence delivered today reflects the seriousness of those failings.”

Speaking after the hearing, HSE inspector Paul Hoskins said:

This tragic incident led to the wholly avoidable death of two brothers, Ardian and Jashar, destroying the lives of their young families.

The risks of using highly flammable liquids are well known, and employers should make sure they properly assess the risks from such substances, and use safer alternatives where possible. Where the use of flammable solvents is unavoidable, then the method and environment must be strictly controlled to prevent any ignition.

In a victim impact statement, Zana Lamallari, wife of Jashar said:

After the death of my husband, my family life has completely been destroyed. My children’s and my future has been completely destroyed. He was everything to me.

In a victim impact statement, Ismete Lamallari, wife of Ardian said:

The impact in my life is so big. My family has been destroyed; my home, everything. My husband was very loving towards the children and everyone. He was an honest worker.

£600,000 fine – A textile company was sentenced today for safety breaches after a worker died from crush injuries.

A textile company was sentenced for safety breaches after a worker died from crush injuries.

Leeds Magistrates Court heard how, on 28 February 2014, a 50-year-old employee of W E Rawson Limited leant into a packaging machine whilst attempting to free a stuck package. Whilst doing so, he became trapped between an upper and lower moving conveyor. The employee suffered severe crush injuries and later died in hospital.

An investigation carried out by the Health and Safety Executive (HSE) into the incident found the company had failed to take measures to prevent access to the danger zone between the moving conveyors. The investigation also found that no safe system of work had been provided for the removal of trapped packages from the machine.

W E Rawson Limited of Castlebank Mills Portobello Road Wakefield pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined £600,000 and ordered to pay costs of £20,165.09.

After the hearing, HSE inspector John Boyle commented:

This fatality could have been prevented had the risk been identified.

Employers should make sure they properly assess and apply effective control measures to minimise the risk from dangerous parts of machinery.

BUPA fined £3,000,000 – failure to manage Legionella risks leads to the death of a resident in care.

A care provider has been fined following the death of a resident at an Essex nursing home after he contracted Legionnaires’ disease. Kenneth Ibbetson, 86, died three months after moving into Hutton Village Nursing Home, which is operated by BUPA Care Homes (BNH) Ltd.

Ipswich Crown Court heard that Mr Ibbetson had moved into the care home in March 2015 when he was no longer able to cope at home. In June 2015 Mr Ibbetson contracted Legionnaires’ disease, a serious waterborne form of pneumonia, and later died in Basildon Hospital on 23 June 2015.

An investigation into Mr Ibbetson’s death was carried out by the Health and Safety Executive (HSE). The investigation found that for more than a year, during which time major refurbishment works were carried out, BUPA Care Homes (BNH) Ltd failed to implement the necessary control and monitoring measures required to safely manage their hot and cold water system. It also found those responsible for overseeing legionella controls and for taking crucial water temperature measurements had not been trained to the required standard.

BUPA Care Homes (BNH) Ltd of Bridge House, Outwood Lane, Leeds, pleaded to breaching Section 3 (1) of the Health and Safety at Work Act 1974. The company has today been fined £3m and ordered to pay costs of £151,482.

Mr Ibbetson’s daughter Caroline Peters told the court:

Our father’s tragic and untimely death was a terrible shock to me and my two sisters. We had carefully selected Bupa Nursing Home at Hutton Village, expecting that a leading healthcare company could be trusted with our father’s health and safety. (His death) shouldn’t have happened.

The evidence (of)…non-conformities and lack of managerial training was shocking and depressing and brought on feelings of utter despair for our family.

Speaking after the hearing, HSE principal inspector Vicky Fletcher said:

It is heart-breaking to think Kenneth contracted Legionnaires’ a matter of weeks after moving into the Hutton Village Care Home. His family have been left devastated by his sudden death.

Mr Ibbetson and other residents were exposed to the risk of contracting Legionnaires’ disease because adequate controls were not in place. The risk is more acute in care home settings because residents are more susceptible due to their underlying health conditions. We would expect those who have a duty of care to understand this and have the necessary controls in place to manage the risk.

Two people jailed for 3 years each – Two fairground workers convicted of manslaughter by gross negligence after a bouncy castle blew away with a young girl inside have been jailed.

£260,000 fine after worker injured after being struck by fencing panels – A security fencing manufacturing company has been fined after a worker sustained significant injuries on site.

A security fencing manufacturing company has been fined after a worker sustained significant injuries on site.

Liverpool Magistrates’ Court heard how, on 23 February 2017, John Evans, an employee of Blok N Mesh Limited had been helping to manually load fencing panels into shipping containers when approximately 34 panels fell on him. Mr Evans suffered significant injuries as a result including; a broken left shoulder, fractured vertebrae in his neck, two broken ribs, contusions to his lungs, and soft tissue damage to his face.

An investigation by the Health and Safety Executive (HSE), found that workers were put at risk by the company not having suitable control measures in place to load the panels safely to prevent them from falling. There had been two previous incidents of fencing falling on workers, which should have acted as a warning to the company that the loading procedure was dangerous.

The investigation also found that the company failed to ensure that work was sufficiently planned, risks were assessed and controlled and that a safe system of work was in place. The company subsequently loaded the fencing using specially designed stillages, eliminating the need for workers to be inside the container, and therefore significantly reducing the risk of injury.

Blok N Mesh Limited of Leytonstone House, Leytonstone, London, pleaded guilty to breaching Section 2 (1) and Section 3 (1) of the Health and Safety at Work etc. Act 1974 and was fined £260,000 and ordered to pay costs of £5,177.30.

Speaking after the incident, HSE inspector Helen Jones said:

This incident could so easily have been avoided by ensuring workers weren’t put in a dangerous situation, where unsecured fence panels could easily fall and cause serious injury.

This company had two previous accidents in identical situations, which should have served as a warning that the system in place was dangerous should they have heeded this warning, the serious injuries suffered by Mr Evans could have been prevented.