Lawford Kidd's Blog

The Supreme Court has given its decision in the appeal by insurance companies over their obligations under various contracts of employers’ liability (“EL”) insurance. In particular, the appeals concern the scope of the insurers’ obligations to indemnify employers against their liabilities towards employees who have contracted mesothelioma following exposure to asbestos.

Mesothelioma has an unusually long gestation period, which can be in excess of 40 years between exposure to asbestos and manifestation of the disease. The insurers maintain that the EL policies only cover mesothelioma which manifested as a disease at some point during the relevant policy period. In contrast, the employers submit that the insurance policies respond to mesothelioma caused by exposure to asbestos during the relevant policy period but which develops and manifests itself sometime later.

The court at first instance held that the policies should all be interpreted as having a “causation wording,” and therefore the liability “trigger” under the EL policy was when the employee inhaled the asbestos and not the date when the malignant lesion developed.

A firm specialising in the manufacture of wooden doors and windows has been fined for safety failings after a worker died at its Leyton premises.

Andrzej Rokita had been with M M Contracting Ltd for only ten days when he attempted to help his son, also an employee, to remove a large board from the middle of a pile stacked upright against a wall in the workshop.

The company's usual system for doing this was for one employee to stand in front of the stack, taking the weight of the unwanted boards on his hands, while a fellow worker pulled out the chosen one from the side. Unfortunately as Mr Rokita tried to support the weight of the leaning wooden panels they toppled over, crushing him and causing fatal head injuries.

The Health and Safety Executive (HSE) investigated the incident and found that the company did not have a safe system of work for the storage or retrieval of boards. Storing the boards flat on the floor or using a simple purpose-built racking system would have greatly reduced the risk of injury.

After today's sentencing hearing at Southwark Crown Court, HSE inspector Kevin Smith said:

"This was a death waiting to happen. Incidents such as this are still a common occurrence in the industry despite the existence of guidance from the HSE offering simple, inexpensive solutions for stacking wood safely.

"As a direct result of the company's failure to provide safe storage for their everyday materials, a father and husband has lost his life. There is no excuse for employers not ensuring that wood on their premises is properly stored, posing the most minimal risk to their staff."

The company pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £26,000 and ordered to pay £9,000 in costs.

The owner of racing stables in North Yorkshire has been prosecuted after a yard worker fell more than three metres through a skylight in a stable block.

Paul Cussons, who had worked at Thorndale Farm near Richmond for 26 years, was asked by trainer and bloodstock agent Alan Swinbank to cut down some overhanging trees above an ageing stable block before planned renovation work.

Mr Cussons had not been trained in either the use of a chainsaw or in how to work safely at height. He took a chainsaw onto the roof of the stable block but as he was sawing through the branches he slipped on some leaves and fell through a skylight, landing on the concrete floor below. He broke both shoulder blades, fractured a rib and punctured a lung.

The Health and Safety Executive investigated and two Prohibition Notices were served on Mr Swinbank preventing further work activity with the chainsaw and stopping work at height.

Mr Alan Swinbank pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974. He was fined £10,000 and ordered to pay £6,048 in costs.

The agricultural sector has the highest rate of fatalities of any other industry in Great Britain. The five year average rate of fatal injury is 0.7 per 100,000 for all workers. In agriculture, it is 9.6 per 100,000, much higher than any other industry. In 2010/11 there were 34 fatal injuries to workers.

Find out more about farm or rural accidents here.

Construction sites are being put under the spotlight as part of an intensive inspection initiative aimed at reducing death, injury and ill health.

During February and March, inspectors from the Health & Safety Executive (HSE) will be visiting sites where refurbishment or repair works are being carried out. This is part of a national drive to improve standards in one of the Britain's most dangerous industries.

Their primary focus will be high-risk activity such as working at height and also 'good order' such as ensuring sites are clean and tidy with clear access routes.

The purpose of the initiative is to remind those working in construction that poor standards are unacceptable, and could result in enforcement action.

During 2010/11, 50 workers were killed while working in construction and 2298 major injuries were reported. Falls from height remains one of the most common causes of fatalities and major injuries in the construction sector in Great Britain, with more than five incidents recorded every day.

Philip White, HSE Chief Inspector of Construction, said:

"The refurbishment sector continues to be the most risky for construction workers, all too often straightforward practical precautions are not considered and workers are put at risk. In many cases simple changes to working practices can make all the difference.”

Railcare Ltd has been fined £133,000 (reduced from £200,000 on account of their guilty plea) at Glasgow Sheriff Court for a breach of Section 2 of the Health and Safety at Work etc Act 1974, following the death of one of their employees in December 2008. John Smith, a 53-year old employee of the company, died as a result of head injuries sustained whilst working at an axle lathe that had an unguarded chuck.

The company pled guilty to:

• failing to carry out a suitable and sufficient risk assessment of the risks to employees when cleaning axles on a lathe;
• failing to implement a safe system of work in that the chuck of the lathe was unguarded when employees were working close to it; and
• failing to provide adequate information, instruction, training and supervision on the use of the lathe.

Following the case, Elaine Taylor, Head of the COPFS Health and Safety Division, said:

“This case yet again demonstrates the crucial importance of employers carrying out suitable and sufficient assessment of risks to their employees in the course of their daily work, taking the steps necessary to identify such risks, and thereafter ensuring that safe systems of work are in place and dangerous machinery parts are properly guarded. Railcare failed in each of these respects in relation to the axle lathe.”

"As a result, Mr Smith lost his life in an entirely avoidable incident.”