Demolition health and safety – company and contractor sentenced for uncontrolled collapse of building on high street

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The owner of a building in Kent and the contractor employed to demolish it have been fined for safety failings after an uncontrolled collapse onto a high street.

An investigation by the Health and Safety Executive (HSE) into the collapse, which occurred in November 2013, found that the contractor had failed to properly plan the work and then carried out unsafe demolition work.

The building owner did not make any enquiries into the suitability or competence of the contractor to undertake the demolition.

Neither the building owner nor the contractor applied for a road closure and members of the public were put at risk.

The building owner pleaded guilty to breaching Regulation 4(1) of the Construction (Design and Management) Regulations 2007, and was fined £160,000 and ordered to pay costs of £9128.89.

The contractor pleaded guilty to breaching Regulation 25(1) of the Construction (Design and Management) Regulations 2007, and has been sentenced to nine months imprisonment suspended for two years.

HSE inspector Andrew Cousins said after the hearing: “Lives were put at risk when this structure uncontrollably collapsed. Clients have a responsibility to appoint competent contractors to undertake hazardous work such as demolition.

“Those in control of demolition have a responsibility to plan demolition work and to devise a safe way of working that protects both the workers and members of the public.

“The job could have been safely carried out by simply undertaking the demolition behind a substantial hoarding.”

Demolition

What you need to do

The law says that all demolition, dismantling and structural alteration must be carefully planned and carried out in a way that prevents danger by practitioners with the relevant skills, knowledge and experience. Key issues are:

  • Falls from height
  • Injury from falling materials
  • Uncontrolled collapse
  • Risks from connected services
  • Traffic management
  • Hazardous materials
  • Noise and vibration
  • Fire
  • Worker involvement

What you need to know

A systematic approach to demolition projects is a team effort between many people, who all have responsibilities:

  • Clients must appoint dutyholders who have the relevant skills, knowledge and experience and where organisations, the organisational capability, and are adequately resourced.
  • Clients, with the help of the principal designer must provide those who need it (eg, designers, contractors) with pre-construction information that can reasonably be obtained. A range of surveys and reports will be needed – for example, to check for presence of asbestos; structural stability of site and nearby structures; the location of above and below ground live services in the work area; etc. These should be done before work begins and not be left for the principal contractor to organise once the demolition work has started.
  • Principal designers must plan, manage, monitor and coordinate health and safety issues in the pre-construction phase (i.e. before demolition starts) to give principal contractors as much information as possible to allow the principal contractor to keep people (site workers and the public) as far as possible from the risks.
  • Principal contractors must plan, manage, monitor and coordinate health and safety issues during the demolition work.
  • Site managers must ensure workers are supervised and are following safe working practice.
  • Sub-contractors and site workers must follow the instructions and plans given to them by those in charge of the work and ensure that their colleagues do too.

Falls from height

During demolition and dismantling, workers can be injured falling from edges, through openings, fragile surfaces and partially demolished floors.

Dutyholders have a responsibility to assess, eliminate and control the risks of falls from height. Find out more about falls from height: http://www.hse.gov.uk/construction/safetytopics/workingatheight.htm.

Injury from falling materials

Workers and passers-by can be injured by the premature and uncontrolled collapse of structures, and by flying debris.

A safe system of work is one that keeps people as far as possible from the risks. This may include:

  • establishing exclusion zones and hard-hat areas, clearly marked and with barriers or hoardings if necessary
  • covered walkways
  • using high-reach machines
  • reinforcing machine cabs so that drivers are not injured
  • training and supervising site workers

Uncontrolled collapse

The structural survey should consider:

  • the age of the structure
  • its previous use
  • the type of construction
  • nearby buildings or structures
  • the weight of removed material or machinery on floors above ground level

The method statement for the demolition should identify the sequence required to prevent accidental collapse of the structure.

Risks from connected services

Gas, electricity, water and telecommunications services need to be isolated or disconnected before demolition work begins. If this is not possible, pipes and cables must be labelled clearly, to make sure they are not disturbed.

Traffic management

Effective traffic management systems are essential on site, to avoid putting workers at risk of being hit by vehicles turning, slewing, or reversing. Where possible, vision aids and zero tail swing machines should be used. Find out more about traffic management

Hazardous materials

Hazardous materials that should to be considered include dust, asbestos and respirable crystalline silica (RCS).There may also be material or contamination on site that has not been cleared, for example:

  • acids from industrial processes
  • paints
  • flammable liquids
  • unidentified drums
  • microbiological hazards (especially in old hospital buildings).

Find out more about the control of substances hazardous to health (COSHH): http://www.hse.gov.uk/coshh/index.htm

Noise and vibration

Frequent exposure to loud noise can permanently damage a persons hearing. Noise can also create a safety risk if it makes it difficult for workers to communicate effectively or stops them hearing warning signals.

Vibrating hand tools used in demolition can cause hand-arm vibration syndrome (HAVS).Workers exposure to vibration must be managed and reduced as far as possible.

Fire

Fire is a risk where hot work (using any tools that generate spark, flame or heat) is being done. During structural alteration, the fire plan must be kept up to date as the escape routes and fire points may alter. There must be an effective way to raise the alarm.

Worker involvement

Everyone involved must to know what precautions are to be taken on site. Workplaces where employees are involved in taking decisions about health and safety are safer and healthier. Your employees are often the best people to understand the risks in their workplace. Find out more about involving your workers in health and safety: http://www.hse.gov.uk/involvement

Resources

Leaflets

Books

Useful links – other HSE sites

The law

For more information, visit the HSE web page: http://www.hse.gov.uk/construction/safetytopics/demolition.htm or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

 

 

Quick guide to DSEAR – boat builders fined after worker suffers burns

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Boat builders fined after worker suffers burns

A boat building company has been fined after a worker suffered serious burns.

Norwich Magistrates’ Court heard how an electrician was working in the hull of the boat whilst operating a battery powered drill in June 2015. The drill was later found to have ignited fumes from ‘Propeel’, a highly flammable substance, which had been applied to the boat shortly before the incident. The injured worker suffered serious burns to his face, arms and legs.

An investigation by the Health and Safety Executive (HSE) found the hazardous substance had been applied to the boat with no safe system of work in place for its use. Company risk assessments were out of date and a less harmful substitute of the product had not been considered. Since the incident a much safer, water based alternative product has been successfully introduced.

The company pleaded guilty to breaching Regulations 5, 6 and 9 (1) of the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR), was fined £12,000 and ordered to pay costs of £7163.

Speaking after the hearing HSE inspector Paul Unwin said: “While this incident gave the man life changing injuries the consequences could have been fatal. Duty holders must ensure their risk assessment process includes the substitution of hazardous and harmful products with less dangerous ones wherever possible to avoid serious incidents like this.”

The Dangerous Substances and Explosive Atmospheres Regulations 2002

The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) require employers to control the risks to safety from fire, explosions and substances corrosive to metals.

Quick guide to DSEAR

What is DSEAR?

DSEAR stands for the Dangerous Substances and Explosive Atmospheres Regulations 2002.

Dangerous substances can put peoples’ safety at risk from fire, explosion and corrosion of metal. DSEAR puts duties on employers and the self-employed to protect people from these risks to their safety in the workplace, and to members of the public who may be put at risk by work activity.

What are dangerous substances?

Dangerous substances are any substances used or present at work that could, if not properly controlled, cause harm to people as a result of a fire or explosion or corrosion of metal. They can be found in nearly all workplaces and include such things as solvents, paints, varnishes, flammable gases, such as liquid petroleum gas (LPG), dusts from machining and sanding operations, dusts from foodstuffs, pressurised gases and substances corrosive to metal.

What does DSEAR require?

Employers must:

  • find out what dangerous substances are in their workplace and what the risks are
  • put control measures in place to either remove those risks or, where this is not possible, control them
  • put controls in place to reduce the effects of any incidents involving dangerous substances
  • prepare plans and procedures to deal with accidents, incidents and emergencies involving dangerous substances
  • make sure employees are properly informed about and trained to control or deal with the risks from the dangerous substances
  • identify and classify areas of the workplace where explosive atmospheres may occur and avoid ignition sources (from unprotected equipment, for example) in those areas

For more information, visit the HSE web page http://www.hse.gov.uk/fireandexplosion/dsear.htm#quick or contact us on 07896 016380 or at fiona@eljay.co.uk and we’ll be happy to help.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

 

HEALTH & SAFETY NEWS UPDATE – 29TH SEPTEMBER 2016

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

Safer Sites target inspections – coming to a street near you

HSE construction inspectors will be carrying out unannounced visits to sites where refurbishment projects or repair works are underway.

This year the Initiative is being undertaken as a series of two week inspections across the country, beginning 3 October 2016 ending 4 November 2016.

During this period inspectors will ensure high-risk activities, particularly those affecting the health of workers, are being properly managed.

These include:

  • risks to health from exposure to dust such as silica are being controlled
  • workers are aware of where they may find asbestos, and what to do if they find it
  • other health risks, such as exposure to noise and vibration, manual handling and hazardous substances are being properly managed
  • jobs that involve working at height have been identified and properly planned to ensure that appropriate precautions, such as proper support of structures, are in place
  • equipment is correctly installed / assembled, inspected and maintained and used properly
  • sites are well organised, to avoid trips and falls, walkways and stairs are free from obstructions and welfare facilities are adequate

Where serious breaches of legislation are found then immediate enforcement action will be taken, but inspectors will also be taking steps to secure a positive change in behaviour to ensure on-going compliance.

Health and safety breaches with clients and designers will also be followed up to reinforce their duties under CDM 2015 and to ensure that all dutyholders with on site health and safety responsibilities understand and fulfil these.

Follow the SaferSites Facebook page (https://www.facebook.com/SaferSites)  to see what inspectors find on site and keep updated throughout the initiative.

How to manage your site safely (click on the links for more info):    

For more information, visit the HSE web page: http://www.hse.gov.uk/construction/safetytopics/index.htm or contact us on 07896 016380 or fiona@eljay.co.uk, and we’ll be happy to help.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

 

 

HEALTH & SAFETY NEWS UPDATE – 25TH AUGUST 2016

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

Fire and explosion – worker suffers serious burns after clothing catches fire

A foundry has been fined £15,000 plus £9,000 costs after a worker suffered serious burns when his clothing caught fire.

Bradford Crown Court heard how an employee of the foundry was undertaking work involving the use of isopropanol and a paint-like solution. The bucket containing the solution caught fire which then set light to his clothes, causing serious burns.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred in August 2014 found that the company failed to provide adequate training, work equipment and personal protective equipment (PPE).

Speaking after the hearing, HSE Inspector John Boyle said:

“A worker was left with serious injuries as a result of this incident. Had the company taken a number of simple measures prior to the work activity taking place – such as the provision of suitable work equipment, training and personal protective equipment – then it may well have been avoided.”

About dangerous substances

Explosive atmospheres can be caused by flammable gases, mists or vapours or by combustible dusts. If there is enough of a substance, mixed with air, then all it needs is a source of ignition to cause an explosion.

Each year people are injured at work by flammable substances accidentally catching fire or exploding. Work which involves using or creating chemicals, vapours, liquids, gases, solids or dusts that can readily burn or explode is hazardous.

The effects of an explosion or a fire in the workplace can be devastating in terms of lives lost, injuries, significant damage to property and the environment, and to the business community.

Most fires are preventable, dealing with workplace process fire safety is important and those responsible for workplaces and other non domestic premises to which the public have access can avoid them by taking responsibility for and adopting fire safe behaviours and procedures.

Liquids

Liquids (such as petrol and other fuels) and solvents in industrial products (such as paint, ink, adhesives and cleaning fluids) give off flammable vapour which, when mixed with air, can ignite or explode. The ease by which liquids give off flammable vapours is linked to a simple physical test called Flashpoint (ie. the minimum temperature at which a liquid, under specific test conditions, gives off sufficient flammable vapour to ignite momentarily on the application of an ignition source) which allows them to be classed according to the fire hazard they present in normal use.

Flammable liquids are classed as:

Extremely flammable

Liquids which have a flashpoint lower than 0°C and a boiling point (or, in the case of a boiling range, the initial boiling point) lower than or equal to 35°C.

Highly flammable

Liquids which have a flashpoint below 21°C but which are not extremely flammable.

Flammable

Liquids which have a flashpoint equal to or greater than 21°C and less than or equal to 55°C and which support combustion when tested in the prescribed manner at 55°C.

Dusts

Dusts which can form explosive atmospheres are also classed as dangerous substances. Dusts can be produced from many everyday materials such as coal, wood, flour, grain, sugar, certain metals and synthetic organic chemicals. They are found in many industries such as food/animal feed, chemicals, woodworking, rubber and plastic processing and metal powders. They may be raw materials, intermediates, finished or waste products. A cloud of combustible dust in the air can explode violently if there is a source of ignition (eg naked flame, sparks).

Find out more:

Gases

Gases, such as liquefied petroleum gas (LPG) or methane, which are usually stored under pressure in cylinders and bulk containers. Uncontrolled releases can readily ignite or cause the cylinder to become a missile.

Find out more:

Solids

Solids include materials such as plastic foam, packaging, and textiles which can burn fiercely and give off dense black smoke, sometimes poisonous.

Other fire and explosion hazards

Many chemical substances can give rise to harmful heat and pressure effects because they are unstable or because they can react violently with other materials. Chemicals need to be stored correctly and when reacted together sufficient information obtained to ensure that correct process controls can be used to prevent dangerous exothermic runaway reactions.

Further information can be found at:

Gas welding

The flammable gases and oxygen used as a fuel for hot work and flame cutting can give rise to fire and explosion risks on their own without any involvement of any other dangerous or combustible substances. A risk assessment carried out according to DSEAR will help to identify the correct controls and equipment before the work is carried out.

Further information can be found at:

Regulations

The Dangerous Substances and Explosive Atmospheres Regulations 2002, DSEAR and ATEX, require employers to assess the risk of fires and explosions arising from work activities involving dangerous substances, and to eliminate or reduce these risks.

HSE and local authorities are responsible for enforcing those workplaces covered by the legislation on working in potentially explosive atmospheres. These are covered in the following pages:

For more information, visit the HSE ‘Fire and explosion’ web pages: http://www.hse.gov.uk/fireandexplosion/ or contact us on 07896 016380 or at fiona@eljay.co.uk and we’ll be happy to help

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence