When a sequence of prosecutions suggest a less than joined up health and safety management system
What happened?
Suffolk County Council was already being investigated by the HSE for fall from height breaches at schools, covered in a separate case study this month. During another investigation, HSE inspectors identified multiple safety failings in the council’s highway department.
They found that roadworkers were using vibration equipment – including jackhammers, drills, circular saws, and strimmers – without being informed of the risks they were being exposed to by using the tools. It also failed to monitor staff to make sure they did not use the tools for longer than the recommended safe length of time. Workers were also not subjected to annual medical checks, and the council failed to carry out regular maintenance and servicing of the equipment to ensure they operated at safe vibration levels.
It subsequently came to light that four workers had developed hand-arm vibration syndrome following the use of the equipment.
During the investigation the HSE issued the council with an Improvement Notice, which required regular checks and services on the equipment.
Legal Outcome
In the January 2012 court case, Suffolk County Council pleaded guilty to another breach of s2(1) of the HSWA 1974 Act, and to breaching reg.5(1) and reg.7 of the Control of Vibration at Work Regulations 2005. It was fined £3000 for each breach of the Regulations and £14,000 for the section 2(1) charge. It was also ordered to pay costs totalling £43,772.
What can we learn from what happened?
Speaking on behalf of Suffolk County Council, a spokesperson said: “The county council has fully co-operated with the associated investigations and has also been working closely with the HSE to improve health and safety management arrangements, which the HSE have openly acknowledged. We accept that in these historic incidents more could have been done to ensure that our health and safety obligations were met.”
Any council, let alone a county council, is a major organisation and employer with thousands of non-employees to look after as well. This sequence of prosecutions (including the schools) serves to illustrate the need for a joined up health and safety management as it does seem as though a pattern was emerging which the HSE were keen to expose. No doubt the council had a good look at all their operations as a consequence.
Source of Information
SHP Online