BUPA care home provider fined after elderly resident died following fall

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A South Lanarkshire care home provider has been fined after an elderly resident died after breaking her neck in a fall.At Hamilton Sheriff Court today, BUPA Care Homes (Carrick) Ltd was fined £57,000 after pleading guilty to a breach of Section 3 of the Health and Safety at Work etc Act 1974, which led to the death of Mrs Elizabeth Stevenson, 88.

BUPA Care Homes (Carrick) Ltd admitted to failing to review and update a risk assessment for Mrs Stevenson and failing to provide adequate instruction and supervision to their employees engaged in moving and handling residents of Highgate Care Home in Uddingston.On the morning of 22 October 2008, a carer in the home was in the process of assisting Mrs Stevenson in undressing in order to transfer her from her bed to her shower chair when Mrs Stevenson fell to the ground.

The carer, who had only very shortly before taken up work at the home, was unaware that a care plan assessment carried out a month earlier stated that two people were required to transfer Mrs Stevenson safely from her bed into the shower chair.

http://www.hse.gov.uk/press/2012/rnn-sco-01412.htm?eban=rss-

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Peak Construction (London) Ltd ignored 7 Prohibition Notices

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A building firm put the lives of its employees and nearby residents at risk after repeatedly ignoring safety warnings on a redevelopment project in Bristol city centre. Peak Construction (London) Ltd was working on Riverside House in Welsh Back to convert the upper floors to residential accommodation and adding two new timber framed floors on top of the building. The site was visited six times by inspectors from the Health and Safety Executive between August and October 2011 following initial concerns raised by members of the public about dangerous working practices.Bristol Magistrates heard today (14 November) that on each occasion inspectors found a series of failings by the company relating to unsafe work at height, including the use of a mobile elevating work platform without worker harnesses, a lack of edge protection to prevent falls, poorly constructed scaffolding and risks with materials falling from the roof. Inspectors also identified multiple fire risks, including no fire plan, no means of raising an alarm, no fire extinguishers, no marked emergency escape routes and the use of an open flame gas torch in the timber roof with no fire precautions in place. Seven Prohibition Notices were served ordering work to stop immediately but some dangerous practices continued. Peak Construction (London) Ltd, of Takeley Road, Bambers Green, Takeley in Essex pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005 and Regulation 38 of the Construction (Design and Management) Regulations 2007 for failing to make satisfactory safe working arrangements, and for allowing dangerous practices to continue. The company was fined a total of £10,000 and ordered to pay £4,629 in costs. http://www.hse.gov.uk/press/2012/rnn-sw-peakconstruction.htm?eban=rss-

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OSHA seeks court enforcement of order requiring Star Air to reinstate 2 wrongfully terminated Ohio truck drivers

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AKRON, Ohio – The U.S. Department of Labor has filed a lawsuit in federal court seeking to enforce a final decision and order issued to North Canton-based trucking company Star Air and owner Robert R. Custer for terminating two truck drivers in violation of the Surface Transportation Assistance Act’s whistleblower provisions.

The company has been ordered to pay $612,205. The Labor Department’s Administrative Review Board issued a final decision to Star Air on Dec. 19, 2011, requiring the company to reinstate the two employees and pay $602,366, including back wages in the amount of $341,894 for one driver and $181,468 for the other, as well as $79,004 in attorney fees.

On Jan. 18, 2012, the review board ordered Star Air to pay supplemental attorney fees of $9,839. To date, Star Air has not taken any action to comply, prompting the department’s suit, which has been filed in the U.S. District Court for the Northern District of Ohio, Eastern Division in Akron. The department is represented by its Regional Office of the Solicitor in Cleveland. 

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=23247

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OSHA cites American Masonry in Chicago for exposing workers to lead dust, proposes $196,000 in fines

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CHICAGO – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Waclaw Cilulko, doing business as American Masonry Inc., for seven alleged willful health violations of OSHA’s lead standards.

An inspection of a commercial building site in Chicago that houses several art studios found workers exposed to excessive amounts of lead during sandblasting operations.

Proposed penalties total $196,000.”When employers such as American Masonry knowingly ignore health requirements, they are unduly placing their workers at risk for illnesses, and that is unacceptable,” said Nick Walters, OSHA’s regional administrator in Chicago. “Lead exposure can cause serious neurological damage, among other illnesses.”

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=23244

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Takeaway boss food trade ban

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A TAKEAWAY owner has been banned from running restaurants, admitting seven food hygiene offences.

Preston Crown Court heard how Muhaimnul and Rushna Choudhury ran the Bengal Spice takeaway – now Dial-a-Curry – on Central Drive, where Blackpool Council’s food hygiene officers found what Judge Tony Cross QC described as an “appalling history of conforming to the regulations”.When officers raided the premises they found dirty tea towels and spice containers, as well as greasy boxes used to store poppadoms.

Takeaway boss food trade ban

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Cafe fined for over a dozen health and safety breaches

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A roadside cafe just outside Sleaford has been fined thousands of pounds after several breaches of health and safety regulations.

North Kesteven District Council has fined the Cheerio Cafe, on the A17 at North Rauceby, nearly £3,000 for food hygiene failures after business operator Mrs Lina De Sousa admitted 19 breaches of food hygiene regulations and three failures to comply with hygiene improvement notices.Dirty conditions and poor practices were found by Environmental Health inspectors when they visited the premises on numerous occasions since March, culminating at a prosecution hearing at Lincoln Magistrates Court on Tuesday November 6.

Cafe fined for over a dozen health and safety breaches

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Montreal firefighters rescue 4 construction workers after scaffolding starts to collapse

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MONTREAL — Montreal firefighters had to rescue three construction workers Tuesday morning after the scaffolding they were working on started to shift and could possibly collapse.A call came in at 9:42 a.m. for work being done at 1153 Mount Royal E. near de la Roche St. where a four-storey scaffolding was threatening to fall down. The scaffolding was bolted to the building made of older brick. The three workers were trapped on the top floor with all their equipment when the platform first shifted.

Montreal firefighters rescue 4 construction workers after scaffolding starts to collapse

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Vehcom Manufacturing Ltd. Fined $75,000 After Worker Injured

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Guelph, ON – Vehcom Manufacturing Ltd., a Guelph auto parts manufacturer, was fined $75,000 for a violation of the Occupational Health and Safety Act after a worker was injured.On June 11, 2010, a young worker at Vehcom’s industrial facility located at 74 Campbell Road in Guelph, worked on a production line. Known as the “ATX” line, this production line consisted of four machining centres and a fenced-off “robot cell” containing a large robotic arm. A jam occurred in the “robot cell” and the worker entered in order to access the machining centre and clear it. Upon clearing the jam a steel rod activated, causing injuries to the worker’s hand.

A Ministry of Labour investigation found that the machine was not shut down or locked out when the worker entered to clear the jam.Vehcom Manufacturing Ltd. pleaded guilty to failing to ensure that the machine was equipped with and guarded by a guard or other device that prevented access to a pinch point.The fine was imposed by Justice of the Peace A. James Child. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

http://news.ontario.ca/mol/en/2012/11/vehcom-manufacturing-ltd-fined-75000-after-worker-injured.html

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Negligence: snails, golf clubs and tree roots

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Since the decomposed remains of a snail were found in a bottle of ginger beer in a Paisley cafe in 1928 (the famous case of Donoghue v Stevenson [1932] All ER Rep 1, which underpins the modern law of negligence) we have all been expected to take reasonable care not to injure our ‘neighbours’. And ‘neighbours’, of course, are not just ‘them as lives next door’.

As Lord Atkin said in Donoghue, neighbours for these purposes means those ‘who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question’.

Negligence: snails, golf clubs and tree roots

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Smoking blamed for fire that displaced 25 families

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PLANTATION, Fla. (AP) – The state fire marshal says careless smoking sparked a fire that displaced 25 families living in a South Florida apartment building.    Battalion Chief Joel Gordon says an occupant in the Plantation apartment where the fire started admitted he had been smoking. Gordon tells the Sun Sentinel (http://bitly.com/SWxdcs) that the resident’s attempt to extinguish the fire himself delayed a call to 911.    

Smoking blamed for fire that displaced 25 families

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