The director of a construction company has been imprisoned for eight months after failing to take appropriate action which resulted in a young worker receiving serious burns.
Cardiff Crown Court heard the worker was instructed to stand on top of a skip and pour a drum of flammable thinners onto the burning waste to help it to burn. The fireball that resulted when the thinners ignited caused the worker to be blown from the skip and he suffered substantial burns to his arms and legs.
An investigation by the Health and Safety Executive (HSE) found the company director did not ensure the burning of the waste material was being carried out in a safe or appropriate manner.
He failed to administer any first aid to the injured worker and did not send him to hospital, the most appropriate response given the severity of the injuries suffered.
He also failed to inform HSE of the incident, a legal requirement, and the incident was only reported sometime later by a third party.
David Gordon Stead of Mildred Street, Beddau, pleaded guilty to breaching Section 37 of the Health and Safety at Work Act 1974 and also pled guilty to breaching Section 4 (1) of The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) and was sentenced to 32 weeks’ imprisonment, half on release under licence.
He has also been disqualified from being a company director for seven years.
Speaking after the case HSE inspector Adele Davies said: “David Stead failed his employees. His actions could have resulted in the death of this worker. The young man suffered unnecessary life-threatening injuries due to poor working standards.
“We hope this sentence sends out a message that directors of businesses must take their health and safety responsibilities seriously.”
Meanwhile, an Oxfordshire based ground engineering company has been fined after a worker contracted severe hand-arm vibration syndrome (HAVS).
Cheltenham Magistrates’ Court heard how an employee, who was working at the company’s earth retaining division, known as Phi Group, was eventually diagnosed as suffering from HAVS after repeatedly flagging his symptoms to the company for more than five years.
Symptoms of HAVS can include tingling, numbness and pain in the hands. This affects sleep when it occurs at night and sufferers have difficulties in gripping and holding things, particularly small items such as screws, doing up buttons, writing and driving.
An investigation by the Health and Safety Executive (HSE) found the company did not have the right system in place to manage the workers’ health as it did not have a suitable health surveillance programme in place to monitor for the early onset of HAVS and to prevent the irreversible condition from developing.
Keller Ltd of Oxford Road, Ryton-on-Dunsmore, Coventry, pled guilty to breaching Regulation 7(1) of the Control of Vibration at Work Regulations 2005 and was fined £6,000 and ordered to pay costs of £2,263.45.
