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Spring 2022 35 www.hae.org.uk www.eha.org.uk A construction company and its groundworks contractor have been fined after unsafe excavation work left a worker with serious burns to his hand and arm. High Wycombe Magistrates’ Court heard that, a groundworker was preparing the ground to install a post to carry an Automatic Number Plate Recognition Camera (ANPRC), at Twyford near Reading, Berkshire. Initially, the worker dug by hand, however, due to the ground conditions and numerous hedgerow roots he started to use an 110V mechanical electric breaker. The incident occurred when the groundworker struck a power cable supplying an adjacent British Telecommunications building. The voltage of the cable was 415v causing the ground worker to receive an electric shock that caused burns to one hand and to his opposite arm. An Investigation by the Health and Safety Executive (HSE) found that site plans for buried cables had not been consulted and a cable avoidance tool had not been used to locate buried services in advance of carrying out the work. In addition, there was a lack of properly trained labour and supervision in place for the excavation works. The principal contractor on site had failed to plan, manage and monitor the excavation works and also failed to provide adequate supervision for the ANPR installation project. CLC Contractors Limited (the Principal Contractor), of Unit 2 Northbrook Industrial Estate, Vincent Avenue, Southampton, SO16 6PB pleaded guilty to breaching 13 (1) Construction (Design and Management) Regulations 2015 and were fined £400,000.00 and ordered to pay costs of £5,300.00. Paul Gale, Company Director of PAG Building Services Ltd of 2 Moore Crescent, Netley Abbey, Southampton, Hampshire pleaded guilty to Section 37(1) Health and Safety Work Act 1974. Due to the seriousness of the offence the case was referred to Aylesbury Crown Court for sentencing. Paul Gale was sentenced to 14 months imprisonment suspended for 24 months and 150 hours of community service. HSE was awarded costs of £7,200. CONSTRUCTION COMPANY AND ITS GROUNDWORKS CONTRACTOR SENTENCED GLAZING COMPANY FAILS TO CONTROL VIBRATING TOOLS RISKS A glass and glazing company which installs and repairs glass windscreens and side windows to buses, coaches, motor homes and trains, has been fined for failing to adequately control the risk to its employees from using vibrating tools. Reading Magistrates’ Court heard how employees of PSV Glass and Glazing Limited were required to use oscillating and reciprocating saws, known as Fein cutters, to remove the thick adhesive that had been used to secure the windows in place – sometimes for their entire shift. HSE received reports of 30 employees at the company being diagnosed with hand arm vibration syndrome (HAVS). An investigation by the Health and Safety Executive (HSE) found that on and before 20 August 2018, the company failed to adequately assess the risk to employees from exposure to vibration. They did not monitor the use of the Fein cutters and had not implemented measures to control exposure. There was no tool maintenance programme to ensure tools were working effectively to ensure vibration levels were kept to a minimum. A large number of the 30 technicians affected are relatively young and have sustained life- changing permanent injury to their hands, which means they can no longer work with vibrating tools. Most now suffer constant pain and sensitivity to cold and struggle with everyday tasks. PSV Glass and Glazing Limited of Hillbottom Road, High Wycombe pleaded guilty to breaching Regulations 5(1), 6(1), 7(1) and 8(1) of The Control of Vibration at Work Regulations 2005. The company has been fined £211,290.04 including a victim surcharge of £70 and ordered to pay costs of £11,120.04.