Healthand and Safety Executive AOSH Bristol West IOSH

Healthand and. Safety Executive AOSH Bristol & West IOSH Ian Whittles Bristol 08 th February 2017 HM Inspector Bristol Construction

Introduction • Overview/Context – Statistics – Accidents/Ill health & Enforcement • Local Case Reviews – Switch Capital EMEA ltd – C& R Construction (SW) Ltd – ECO NRG Solutions ltd – RJ Scaffolding (Bristol ) ltd – Ikon Construction Ltd – Sarum Asbestos ltd – Boundary Scaffolding Ltd • • The Future? Questions

Overview • Broadly numbers flat lining

Headlines – fatals (all industry) • In 2016/17 there were: – 137 workers killed – 92 members of the public fatally injured • Railways & Social/Health care - 57 • 40% workers were accounted for by two principle causes - what were they?

Headlines – fatals (all industry) Provisionally 97 fatalities - April to September 2017

Headlines – Non fatal/Health

Construction Bias • 30 Fatalities (16/17) – Highest single industry cause – Incident rate 3 x average – but record low • 80000 Ill health cases – Incident rate 20% higher than average – MSD’s rate 90% higher • 64000 injuries – 5000 employer reported injuries

Construction Bias - causes

Enforcement • Slight fall in the number of cases – 660 (2016) down to 554 (2017) • Slight Rise in Notice cases – 11403 (2016) up to 11913 (2017) • Construction accounts for around 60% of the notices served

Enforcement • The sentencing guidelines have now been in effect for a full year • Average conviction in 2016/17 = £ 77000

Local Case Reviews • Switch Capital EMEA Ltd/ T Dobson

Local Case Reviews - Switch • • Solar Panels on agricultural roof • Used an inertia reel designed for vertical use in the horizontal – No training • MD goes on holiday so mate of mate brought in – a teacher by training • Work part complete but delay so remove inertia reel … pop back up to measure something … MD told the site “agreement with HSE to use a harness system not nets”

Local Case Reviews - Switch • 7. 8 m fall with fractured skull, jaw, wrist, elbow, pelvis, brain injury and lung puncture • Sentencing – clearly Level A harm – High Culpability as MD on roof, signs – At least Medium risk • • Switch - £ 70 k reduced to £ 56 K • They were initially going to go Not Guilty Dobson – 9 months reduced to 7 (suspended) & 150 hours service

Local case reviews • C&R construction (SW) Ltd

Local Case Reviews – C&R • • Fatal accident • Failed to assess site/edge protection, lack of training in installing it • £ 100 K and costs – The judge queried why the director wasn’t charged 500 mm gap under beam – Should have been 250 mm max – Pitch 15 degrees

Local Case Reviews • • ECO N R G Solutions Ltd. /J Antoniou • Broken back in 3 places – Crawled 60 feet to van – It wasn’t reported (alleged he tried) Installing solar panels approx 3 m high roof – No nets – No edge protection – Lack of boards – Fragile roof • plan to use harnesses

Local Case Reviews - ECO • High Culpability – Employees raised concern – Way below standards over long period • • • Level A Harm, high likelihood ECO N R G Solutions - £ 115 K Antoniou - £ 5 K

Local Case Reviews • • R J Scaffolding (Bristol) ltd Fall just over 6 m from scaffold No harness No Training No Scaffold step Swapped role from yard that AM Previously advised Fractured skull, lost one eye

Local Case Reviews – RJ Scaffold • Culpability – Other employees trained/use SG 4 – Inadequate monitoring/supervision – Previous advice • • Medium Culpability • • Fine £ 26 K plus couple of Notices Harm – Level A, medium risk IP involved in National campaign – picked up by National Press

Local Case Reviews • Ikon Construction ltd

Local Case Reviews - Ikon • • • Timber frame – 1800 m 2 • • Raised as a genuine concern Edge of sea cliff Work at Height, Temp Works, excavation, lifting operations, plant maintenance… Site Prohibited – No crane mat design, no temp works design, no off site fire assessment, missing mirrors, no battering, shoring….

Local Case Reviews - Ikon

Local Case Reviews - Ikon • Culpability - High – Clear industry measures not adhered to – History – colourful, repeated – Systematic failings • • Harm – Medium Level A Court – sentencing guidelines argues would tip them over the edge – Stepped back to £ 145 K

Local Case Reviews • • Sarum Asbestos Ltd/J Uphill Removal of licensed asbestos materials – Extended period – included after interview by HSE – Multiple Sites (6) – Debris left on site – Poor removal techniques – Multiple persons incl. members of public exposed

Local Case Reviews - Sarum • • Culpability – High • 8 charges laid – 2 left on file pre trial hearing – Eventually pled • • £ 100 k fine • Costs – unlikely to ever be recovered Harm – medium Level A – Court recognised long term health risk Uphill – 9 months reduced to 6 suspended – Only suspended due to carer duties

Local Case Reviews • Boundary Scaffolding ltd/J Griffiths-Clack

Local Case Reviews - Boundary

Local Case Reviews - Boundary • • • “Temporary roof” in own yard • Work at height? – Lack of recognised training – Access Next to pre-existing roof Under 33 KV Lines – 2. 8 m from feet to lines – Roof sheets 2. 56 m cross section

Local Case Reviews - Boundary • Culpability – Put forward as High but sentenced as Medium • Harm – High Level A – Not disputed • Company – £ 80 K reduced from £ 120 K • Griffiths-Clack – 6 months suspended • Court provided a written judgement

The Future? • Work plan likely to remain unchanged – Ministerial group looking at Work at Height Regulations on basis of accident rate • CDM embedding – PD’s starting to become more aware but still long way to go • • Health, refurbishment initiatives Long term? – Europe – legislation is embedded in UK law – Nano technology?

A final word on falls from height

Questions • Thank you for listening Ian Whittles HM Inspector HSE 2 Rivergate. Templequay, Bristol, BS 1 6 EW ian. whittles@hse. gov. uk