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Leading horse trainer in court after worker's fall

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.

 

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Girl awarded compensation for car crash injuries

A young girl who suffered severe injuries after she was involved in a car crash has been awarded a compensation payment worth millions of pounds, reports the Daily Mail.

Cerys Edwards, who is now six-years-old, was only a baby when her family's car was hit head-on by a car being driven on the wrong side of the road at 70mph in a 30mph zone. The accident caused major injuries to Cerys's brain and spine. She is now paralysed, unable to talk, reliant on a ventilator and requires 24-hour care.

According to the Daily Mail, the judge, in what he described as the “saddest' case he had ever come across, awarded Cerys a lump sum of just under £5 million, plus annual payments of £450,000 for the rest of her life.

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EC calls for immediate action on medical devices

European Health and Consumer Policy Commissioner John Dalli has called on Member States for immediate action to be taken at national level to ensure full and stringent implementation of the current legislation on medical devices.

Following the discovery of the use of non medical grade silicone in breast implants manufactured by the Poly Implant Prothèse (PIP) Company in France, the priority now is for the Member States and the Commission to act together to tighten controls, provide a better guarantee of the safety of medical devices and to restore patient confidence in the law that protects them.

Commissioner Dalli has written to Member States asking for their co-operation within the existing legal framework to tighten controls, in order to provide a better guarantee of the safety of medical technology, especially high risk devices. The actions proposed include the following:

  • Verify the designations of notified bodies to ensure that they are designated only for the assessment of medical devices and technologies that correspond to their proven expertise and competence.
  • Ensure that all notified bodies in the context of the conformity assessment make full use of their powers given to them under the current legislation which including the powers to conduct unannounced inspections.
  • Reinforce market surveillance by national authorities, in particular spot checks in respect of certain types of devices.
  • Improve the functioning of the vigilance system for medical devices for example by giving systematic access for notified bodies to reports of adverse events; encouraging healthcare professionals and empowering patients to report adverse events; enhanced coordination in analysing reported incidents in order to pool expertise and speed up necessary corrective actions.
  • Support the development of tools ensuring the traceability of medical devices as well as their long-term monitoring in terms of safety and performance, such as Unique Device Identification systems and implant registers.

 

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Health Board fined after patient contracts legionnaires’ disease

Lanarkshire Health Board has been fined £24,000 at Hamilton Sheriff Court for a breach of Section 3 of the Health and Safety at Work etc Act 1974, which led to the serious illness of a hospital patient.

Over the course of November 2008, the 64-year old female patient at Hartwoodhill Hospital became gravely unwell.

She was admitted to Wishaw General Hospital, where it was discovered that she was suffering from pneumonia and severe sepsis and was diagnosed as having Legionnaires’ Disease. She was treated with intravenous antibiotics, but required to undergo a tracheotomy on 1st December 2008. She returned to Hartwoodhill Hospital on 23rd December.

An investigation by the Health and Safety Executive (HSE) identified that legionella bacteria was present in three sources in the water system at the hospital. Two of those sources, including the shower used by the patient on a daily basis, matched the strain of legionella bacteria that had caused her illness.

The HSE investigation also established that a suitable and sufficient assessment of the risks from the potential presence of legionella bacteria to persons using the facilities had not been carried out, nor was there a safe scheme in place to manage and control the risks of exposure to that form of bacteria in the water system at Hartwoodhill Hospital.

Following the case, Elaine Taylor, Head of the COPFS Health and Safety Division, said: “Legionnaires’ disease is a very dangerous illness and those who fail to manage their systems adequately and expose persons to risk of contracting it, whether private companies or bodies such as Health Boards, can expect to be prosecuted.”

 

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Firm fined after technician's death at factory

An experienced technician at a plastic products factory in Cornwall was killed after he was crushed between the plates on a machine used to make plastic lids.

The Health and Safety Executive prosecuted Curver UK Ltd (formerly Contico Europe Ltd) for failing to provide adequate safety measures.

Truro Crown Court heard that in preparing the machinery Mr O'Dwyer needed to access the plastic mouldings machine's plates. This was normally done via a guard which, when opened, prevented the machine from operating. However in this case one of the conveyors on the machine had been removed and Mr O'Dwyer was able to access the machine through an unguarded gap. Whilst he was inside the press started to operate and the plates closed crushing him at a pressure of over 1,000 tonnes.

Curver UK Ltd pleaded guilty to committing a breach of Regulation 11 (1) of the Provision and Use of Work Equipment Regulations under Section 33(1) (c) of the Health and Safety at Work Act 1974 and was fined £160,000 and ordered to pay £32,000 costs.

 

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