Latest news with #Act1974
Glasgow Times
05-08-2025
- Glasgow Times
Glasgow care home provider slammed over 'avoidable' death
Hugh Kearins absconded from Chester Park Care Home in Kinning Park in the early hours of Boxing Day 2022. We reported how the 77-year-old's body was found six hours later, despite staff members falsified claims that they had checked on him through the night. READ MORE: Despicable beast who filmed himself raping child unmasked The OAP managed to leave the care facility via a series of stairways and fire doors. It has since been revealed that an inspector from the Health and Safety Executive (HSE) counted 320 steps from Mr Kearins' room to the care home's car park just off Lambhill Street, where his body was discovered at around 7am. (Image: Supplied) Following his death, Oakminister Healthcare Limited, who own the home, pleaded guilty to breaching Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £53,750 at Glasgow Sheriff Court on July 23, 2025. Glasgow Sheriff Court was told that due to the nature of the plea of guilty, the company did not cause Mr Kearins' death. Their guilt is in relation to failing to ensure a system of work was in place to make sure the internal fire alarm door was active. Following the hearing, HM Inspector Amna Shah slammed the care home, deeming the incident 'completely avoidable'. READ MORE: Police hunting masked man after early morning incident at store READ MORE: New driver faces 'explaining his actions' in court after traffic stop in Glasgow Shah said: 'This incident was completely avoidable. 'It is hugely concerning that a vulnerable man was able to walk so far and through so many doors without being noticed. 'We counted that he had walked more than 300 steps. 'The fact that this incident happened at Christmas time makes it all the more tragic. 'We will always take action against those who fail in their responsibilities.'] Kearins, who had dementia, had been living in a room within the Clyde Unit of the home since 2012. As part of its investigation, HSE made enquiries regarding the use of an internal fire door and was unable to obtain corroborated evidence of who was last to use the door prior to Mr Kearins, who is thought to have exited through it just before 1am. (Image: Supplied) The same door was closed about an hour later by an unknown member of staff carrying out routine checks. It was confirmed by the care home manager that once the door was noted to be insecure, the member of staff should have initiated a head count of all of the residents to ensure their safety. However, this was not carried out. The HSE investigation found the company had failed to have a safe system of work in place. Records held by the company in relation to Mr Kearins extensively noted the clear risk that he might abscond or 'wander'. It was part of his care plan that he be checked or monitored every hour. HSE guidance states that the security of doors and gates should be considered where assessment identifies that specific residents leaving the premises will present a significant risk to their safety. READ MORE: Glasgow bus services axed after 'stone lobbed' at bus in city centre READ MORE: Body of woman found in country park by police It adds that in some instances, it may be appropriate to consider devices that alert staff of their location and whether they are at risk of harm. A senior care assistant and a care assistant who had responsibility for Mr Kearins' care were also found to have falsified records, stating that they had performed tasks involving him at a time when he was in fact no longer in the home. Both were unaware he was no longer in his room until news of his death became known following the discovery of his body in the car park. The management failures in respect of the alarm door reactivation were not causative of Mr Kearins' death and would likely not have even come to light but for four individual errors:
The Herald Scotland
05-08-2025
- Health
- The Herald Scotland
Glasgow care home fined £50k after death of vulnerable man
On Boxing Day 2022 he managed to leave the home via a series of stairways and fire doors and was found dead in the car park at around 7am, having been outside for several hours. An inspector from the Health and Safety Executive (HSE) counted 320 steps from the Mr Kearins room to the car park just off Lambhill Street. Site of the car home and adjacent car park (Image: HSE) An investigation found that the pensioner had exited through a fire door which had been left unsecured, and on which the internal alarm had been deactivated, at around 1am with the door closed an hour later by an unknown member of staff carrying out routine checks. The care home manager confirmed that having found the door open, staff should have conducted a head count to make sure no patients were missing. However, they failed to do so. The HSE investigation found the company had failed to have a safe system of work in place. Records held by the company in relation to Mr Kearins, extensively noted the clear risk that he might abscond or 'wander'. It was part of his care plan that he be checked or monitored every hour. Read More: Falsified records showed that a senior care assistant and a care assistant who had responsibility for Mr Kearins' care stated they had performed tasks involving his care at a time when he was no longer in the building and they could not possibly have done so. Both were unaware he was no longer in his room until news of his death became known following the discovery of his body in the car park. Oakminster Healthcare Limited, of Lambhill Street, Glasgow, pleaded guilty to breaching Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £53,750 at Glasgow Sheriff Court on 23 July 2025. HM Inspector Amna Shah said: 'This incident was completely avoidable. 'It is hugely concerning that a vulnerable man was able to walk so far and through so many doors without being noticed. 'We counted he had walked more than 300 steps. 'The fact this incident happened at Christmas time makes it all the more tragic. 'We will always take action against those who fail in their responsibilities.' Oakminster Healthcare has been contacted for comment.
South Wales Argus
02-08-2025
- South Wales Argus
Tata Steel fined £1.5 million after contractor's death at Port Talbot
His family learnt of his death while they were waiting for him at his youngest son's school rugby match. Maintenance work to replace a lift cylinder on a large conveyor system had been completed earlier that day, and the system was in the process of being put back into service when a hydraulic leak was found. A radio call was sent out for Justin, 44, to resolve the issue at about 2pm. Although power was isolated to part of the system, other sections remained live. As staff worked on the lower level to fix the leak, Justin returned to the floor above and climbed into the conveyor system. His presence triggered sensors which activated a moving beam in a live section, fatally injuring him. He was pronounced dead at the scene. The Health and Safety Executive investigated the incident and prosecuted Tata for what an inspector described as 'basic' health and safety failures. At the time Tata's Port Talbot plant was the largest steelworks in the UK. Justin's wife Zoe Day said: 'Since losing Justin I am not the same person I was. 'I have struggled since that day – mentally, I am lost and don't know where I'm going with life. It's shattered my whole world. 'We were together for 23 years and did everything together. I can't put into words how much this has affected me. I am a shadow of my former self and from the day of the incident, my world fell apart.' The HSE investigation found Tata Steel failed to ensure the work to replace the lift cylinder was done safely. After the job was completed, the company also failed to properly isolate the conveyor system before Justin returned to address the leak. It was found that Tata Steel also failed to ensure the conveyor system was effectively guarded to prevent access to dangerous moving parts. Tata Steel (UK) Ltd, of Grosvenor Place, London, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £1.5 million and ordered to pay £26,318.67 in costs at Swansea Crown Court. HSE inspector Gethyn Jones said: 'Justin Day's death could so easily have been prevented. A much-loved family man is not here because of failures in health and safety basics. 'Employers have a responsibility to make sure sufficient procedures are in place to protect workers – both employees and contractors – and that those procedures are understood and followed. 'The dangers of moving machinery are well known. Sufficient risk assessments must be carried out and access to dangerous areas must be properly guarded and controlled. 'This has been a long and thorough investigation, and we believe this is the right outcome.' The prosecution was brought by senior enforcement lawyer Jon Mack at HSE.
The Herald Scotland
04-07-2025
- Health
- The Herald Scotland
Teenager lost his thumb in Highland hotel horror incident
His thumb made contact with the blade and was cut off, with the man taken to Raigmore Hospital in Inverness. Colleagues located his thumb a short time later and after initial treatment the teenager was transferred to St John's Hospital in Livingston where he underwent surgery to successfully reattach it. Read More: He believes his thumb is working to around 70% of what it used to be, and it has healed as much as it can. It is shorter than his other thumb, he can't bend it fully and it is permanently swollen. In winter he suffers significant discomfort when the thumb becomes stiff and sore. The company for which he was working, 3B Construction, has been fined £40,000 at Tain Sheriff Court following an investigation by the Health and Safety Executive (HSE) and a prosecution brought by the Crown Office and Procurator Fiscal Service (COPFS). The HSE investigation found that 3B Construction failed to undertake a suitable and sufficient assessment of the risks to employees operating a table circular saw; failed to ensure that the system of work for the operation of said saw was safe and appropriately supervised; and failed to provide apprentice joiners with the information, instruction and training needed to operate said saw safely. The saw table in the condition it was in when the teenager's thumb (not pictured) was cut off (Image: Asmar Gondal) The company pleaded guilty to Section 2(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974, and the man has since resumed his apprenticeship with another firm. HSE inspector Norman Schouten said: 'While this young man continues to live with the trauma and impact of this incident, it's greatly encouraging to see him continuing to work as a joiner. 'However, it is only the efforts of medical professionals that prevented this from becoming a permanent amputation following the failures of the company. 'Companies and individuals should be aware that HSE and COPFS will not hesitate to take appropriate enforcement action against those that fall below the required standards.' 3B Construction has been approached for comment.
The Herald Scotland
17-06-2025
- General
- The Herald Scotland
Ithaca Energy hit with £300,000 fine after safety breach
The three men had been tasked with carrying out inspection work at the base of one of the facility's sub-sea columns, but during preparation failings of hardware and incorrect operating procedures caused the bottom of the lift shaft to commence filling with water. A lack of water alarms at the bottom of the shaft meant the control room was unaware of the situation, and the trio began to descend on the lift. Read More: They experienced 'a rush of air' before the bottom of the lift made contact with the water. The men were up to their knees before managing to press the emergency stop button, with no injuries sustained. The HSE investigation found that water marks on the lift door revealed it had reached a level of just under 1.5 metres before the lift was stopped and returned to surface. Ithaca's own investigation determined that the water level could have actually reached more than three metres, meaning the men would have found it difficult to escape through the top hatch of the lift if the workers had used the lift later and/or had not been successful in bringing the lift to a halt immediately. HSE issued Ithaca with an improvement notice and work in confined spaces was stopped by the company until February 2021 to allow a full review to take place. Ithaca Energy (UK) Limited of Queens Road, Aberdeen pleaded guilty to breaching The Provision and Use of Work Equipment Regulations 1998, 30 Regulation 4(1) and the Health and Safety at Work etc. Act 1974, Section 33(1)(a). The company was fined £300,000. HSE inspector Ian Chilley said: 'This was a terrifying incident for the workers involved, we are just thankful that no physical harm came to them. 'This fine should send a message and reminder to those operating offshore facilities for them to be extra vigilant. 'It was only a matter of good fortune that this incident didn't result in serious injury, or worse.' "When passing sentence, the sheriff observed the case marked 'another reminder of the need for rigorous adherence to health and safety in the oil and gas industry'." A spokesperson for Ithaca Energy said: "Ithaca Energy takes its responsibilities in relation to the health, safety and welfare of its employees and contractors extremely seriously, and takes considerable pride in its excellent safety record. "The company has treated the matter with the utmost seriousness and accepts its responsibility for the failings that led to the incident, where thankfully no individual was harmed. A thorough internal investigation was launched immediately, and the company has worked closely with the HSEx to implement and comply with the recommendations of their findings."
