Thursday 26 July 2012

CYCLISTS ARE BANNED FROM DEDICATED OLYMPIC TRAFFIC LANES – IS THIS A BACKSTEP IN PROMOTING CYCLING IN THE UK?


At present, cyclists in London face a £130 fine if they use the dedicated Olympic cycling lanes which are only available to Olympic officials, athletes and other approved vehicles but MPs are currently calling on Transport for London to reconsider this decision due to the effect it may have on the daily commute of many cyclists and, most importantly, the safety of cyclists on our roads.

The National cycling charity CTC’s policy co-coordinator Chris Peck has recently said: “The Government has been urging people to take to two wheels to avoid clogging the roads, but restricting them to only one lane of the road will put cyclists in more danger, particularly if they have to share it with lorries or other large vehicles.” I strongly agree with his comments and believe that due to the extreme congestion which is expected throughout the Olympics period we should be encouraging commuters to get on their bikes rather than forcing them to either share lanes or drive instead.

Many of the dedicated lanes will be empty for much of the time and it seems crazy to make cyclists struggle through  traffic rather than using these lanes, especially when you consider the efforts which have gone into promoting cycling in the         UK recently.

Transport for London have suggested that because a large proportion of the dedicated lanes will be in the outside lane of dual carriageways, the effect on cyclists will in fact be minimal however I believe that any effect which can be avoided should be. There are enough accidents involving cyclists already without putting them in danger which could easily be avoided by changing the current policy.

Nicola Mawson LLB (Hons) -Office Manager (Eccles) and Personal Injury Solicitor

Wednesday 18 July 2012

UK Coal sentenced over Kellingley mineworker's death

UK Coal Ltd and machinery supplier Joy Mining Ltd were ordered to pay a total of £568,000 in fines and costs for serious breaches of safety that led to the death of West Yorkshire pit worker Ian Cameron.

UK Coal had admitted failing to take steps to ensure the safety of workers using powered roof supports. Joy Mining admitted failing to send out its bulletin warning of a dangerous defect in their powered roof supports.

Mr Cameron, 46, died as a result of his injuries when a powered roof support (PRS) lowered spontaneously, crushing him against large amounts of debris that had accumulated within the walkway of the support. The PRS was one of several hundred supplied to UK Coal by Joy Mining, each weighing some 15 tonnes and designed to support 510 tonnes.

It was found that a valve within the powered roof support had become worn and defective. The result was that hydraulic fluid was able to pass under pressure through a valve and cause the PRS canopy to descend without the control button being operated.

A similar malfunction on a PRS made by Joy had happened in Australia previously. The company issued a warning bulletin but failed to circulate it within the UK or provide it to UK Coal; nor did Joy notify them of the incident until after Mr Cameron’s death.

From the outset of production the PRS’s had numerous faults that were recorded but not corrected. UK Coal was aware of the problems but regarded them as production issues rather than a significant risk to the safety of workers.

Health and Safety Executive (HSE) Principal Inspector of Mines Paul Bradley said:

"UK Coal disregarded the numerous warnings and frequent failures of the PRS’s and failed to take effective measures to ensure the debris was removed and the walking track kept clear.

In respect of Joy Mining Machinery Ltd it stated  “It failed to distribute within this country the Safety Bulletin warning of the solenoid risks or notify one of its major customers is an error of quite staggering proportion and a serious failing in its duty of care."

If you or a member of your family has been involved in an accident which has resulted in you sustaining injury and would like a free and confidential discussion with one of our specialised Solicitors, please do not hesitate to contact us on 0800 389 1978 or visit our website at www.forsterdean.co.uk. You can also follow us on Twitter (@ForsterDeanLtd) and find Forster Dean Solicitors on Facebook

Mofozzul Hussain LLB (Hons) -Office Manager (Birkenhead) and Personal Injury Solicitor

Thursday 5 July 2012

Construction firms sentenced over worker's fatal fall


Two construction companies have been fined a total of £301,000 after a worker fell 22 metres to his death in Manchester.

The worker was working on the Leftbank riverside apartments in Manchester city centre - part of the Spinningfields development - when he was dragged over the guardrail on a scaffolding platform after becoming entangled in a chain.

The Health and Safety Executive (HSE) prosecuted the site's principal contractor and the steel-erection company following an investigation into the workers death.

Liverpool Crown Court heard the worker suffered fatal injuries after falling approximately seven storeys on 29 April 2004. Another worker was also injured and the incident has had a long-term psychological impact on him.

The worker had been using a chain from a scaffolding platform to adjust a steel beam three stories above him, when one of the supporting brackets gave way. He was struck by a falling steel block, became entangled in the operating chain, and was dragged over the edge of the scaffolding.

An HSE investigation into the incident found that the wrong studs had been used to secure the chain, and that the work had not been properly planned or monitored.

The sites principal contractors were found guilty of breaching Section 3(1) of the Health and Safety etc Act 1974, by failing to ensure the safety of workers. The company was fined £300,000 and ordered to pay £333,866 towards the cost of the prosecution on 29 June 2012.

The steel-erection company pleaded guilty to breaching Section 2(2)(a) of the same Act by failing to provide and maintain a safe system of work. The company, which has gone into administration, received a nominal fine of £1,000 with no costs.

Neil Jamieson, HSE Principal Inspector for Construction confirmed that this was a major construction site and the work taking place should have been properly planned and managed. If the companies had acted differently then this accident could have been prevented.

Every employer has a duty to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons who may be affected are not exposed to risks to their health or safety

If you or a member of your family has been involved in an accident which has resulted in you sustaining injury and would like a free and confidential discussion with one of our specialised Solicitors, please do not hesitate to contact us on 0800 389 1978 or visit our website at www.forsterdean.co.uk. You can also follow us on Twitter (@ForsterDeanLtd) and find Forster Dean Solicitors on Facebook

Mofozzul Hussain LLB (Hons) -Office Manager (Birkenhead) and Personal Injury Solicitor


Company boss fined after worker left paralysed


A demolition boss has been prosecuted after a worker was left paralysed following a fall from the roof of a Sunderland pub.

The 67-year-old worker was working for the demolition company, when the incident happened on 29 June 2010.

The demolition company was demolishing a pub and had chosen to remove the slates and timbers of the pitched roof by hand. A mobile access platform was used to provide access for the workers and act as a barrier to prevent falls from the roof edge.

However, as the platform did not cover the whole length of the roof, the demolition company should have implemented additional controls to provide a safe system of work but many of these controls were lacking, or where provided, not effective.

While working on the roof the worker fell two-storeys, around 18-20 feet to the ground below. He suffered serious injuries including several fractures to three vertebrae, his right elbow and both bones of his lower right leg. He also suffered a dislocated right hip and his right lung collapsed.

As a result of the terrible injuries to his spine, all his limbs are now paralysed and he requires permanent care in a nursing home.

The owner of the demolition company was fined a total of £20,000 and ordered to pay £7,434 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and Regulation 6(2) of the Work at Height Regulations 2005.

HSE Inspector Keith Partington, said:

"The building could have been safely demolished by remote mechanical means using the excavator that was on the site - without the risks to the public, which the defendant claimed was the reason for manually dismantling the roof.

"In choosing to undertake the work at height the system the defendant used was not sufficiently robust enough to prevent one of his employees falling from the roof level to the ground which resulted in injuries that have left this worker in a condition whereby he now needs permanent care to assist him in his daily living.

Falls from height are one of the largest causes of death and serious injury in the construction industry and thus work at height should be planned for carefully, with suitable and sufficient instruction and supervision when executed.

If you or a member of your family has been involved in an accident which has resulted in you sustaining injury and would like a free and confidential discussion with one of our specialised Solicitors, please do not hesitate to contact us on 0800 389 1978 or visit our website at www.forsterdean.co.uk. You can also follow us on Twitter (@ForsterDeanLtd) and find Forster Dean Solicitors on Facebook

Mofozzul Hussain LLB (Hons) -Office Manager (Birkenhead) and Personal Injury Solicitor