The Health and Safety Executive (HSE) prosecuted Merthyr Industrial Services (Biomass) Limited following an investigation of its premises as part of HSE’s response to the outbreak of Legionnaires’ disease along the Heads of the Valleys corridor in September 2010.

HSE inspectors visited the Penygarnddu Industrial Estate premises on 8 September 2010 and found that over a period of five weeks, the company had sporadically been operating a cooling tower on site without taking appropriate measures to control the risk of proliferation of the Legionella bacteria.

A Prohibition Notice was immediately served preventing the cooling tower from being used until all appropriate controls were put in place.

Merthyr Industrial Services (Biomass) Limited of Penygarnddu Industrial Estate, Merthyr Tydfil pleaded guilty to breaching Regulation 8(1) of the Control of Substances Hazardous to Health Regulations 2002, and Regulation 3(1) of the Notification of Cooling Towers and Evaporative Condensers Regulations 1992.

Today at Merthyr Tyfdil Magistrates’ Court they were fined £600 and ordered to pay full costs of £8,577.

The Legionnaires’ outbreak was declared on 3 September 2010 and was officially announced as over on 12 October 2010.

The multi-agency investigation revealed that no single source was identified for the outbreak, but investigations suggested a number of different possible sources accounted for the cases.

Speaking after the hearing, HSE inspector Stuart Charles said:

“While it is not alleged this company was one of the sources of the Legionnaires’ disease outbreak last year, it is essential that companies operating cooling towers fully understand the risks of Legionella, and the steps they need to take to control that risk.

“Operating a cooling tower, even for short periods, without the proper controls in place can present a significant risk to employees and members of public.

“It is important companies comply with the legal requirement to notify Local Authorities if they are operating a cooling tower. If an outbreak occurs, this information is vital to the Outbreak Control Team when planning a response.

A self-employed handyman from Cardiff, who does not wish to be named, regularly carried out work on properties managed by Rochefort Shugar Ltd and on 15 October 2010 was sent to a domestic property in Sully to fix a leaking porch roof.

As he was removing a sheet of material from the underside panel of the damaged roof, he realised it was asbestos-containing insulation board. The sheet was broken during removal and the surrounding area was contaminated with asbestos debris.

The Health and Safety Executive (HSE) prosecuting, told Barry Magistrates’ Court the removal of the panel and the sweeping up and bagging of the debris would have resulted in the significant release of asbestos fibres into the air.

The handyman wore two dust masks while removing the board on 15 October 2010, but did not undergo any decontamination procedures and was not wearing a protective, disposable suit. The court heard the fibres could have contaminated his hair, skin and clothing and may also have been inhaled.

When asbestos fibres are inhaled they can cause serious diseases which are responsible for around 4,000 deaths a year. There are four main diseases caused by asbestos, all of which can develop much later after exposure – they are mesothelioma (which is always fatal); lung cancer (almost always fatal); asbestosis (not always fatal, but it can be very debilitating) and diffuse pleural thickening.

The HSE investigation found the handyman had not been given any indication asbestos was present in the property, No risk assessment was carried out or method statement compiled, and Rochefort Shugar made no attempt to ensure he was competent to identify or work with asbestos.

A licensed asbestos contractor was later called in to decontaminate the area, to ensure no further people were put at risk of exposure to the substance.

Rochefort Shugar Ltd. of Tudor House, 16 Cathedral Road, Cardiff were found guilty of breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £1,500 and with £2,500 costs.

HSE Inspector, Steve Richardson said:

“There are specific rules and laws regarding hazardous substances like asbestos. If we do not enforce these laws, people’s health can be put at serious risk. Asbestos is a known carcinogen, and should be treated with extreme caution.

“Those in charge of maintenance and repair of buildings must ensure work is carried out by competent tradesmen, and that consideration is given to the presence of hazards such as asbestos. More information on risk assessment can be found on the HSE website and the Hidden Killer website.”

Mr Haider Zaman, 53, trading as Pride Builders, was prosecuted by the Health and Safety Executive (HSE) for ignoring two Improvement Notices served while he was refurbishing two residential properties in the Cathays area of Cardiff (pictured).

During an unannounced inspection of the two sites on 1 March 2011, HSE inspectors found sub-standard safety measures in relation to working at height, asbestos safety and structural stability and issued three Prohibition Notices ordering Mr Zaman to cease work immediately.

Two Improvement Notices relating to asbestos safety training and health and safety competence training were subsequently served to Mr Zaman.

Cardiff Magistrates’ Court heard the Improvement Notices served on Mr Zaman gave him until 10 May 2011 to make the necessary improvements. However, on returning to the site a week later HSE inspectors found the notices had not been complied with, and identified further sub-standard control measures for working at height.

Mr Haider Zaman, trading as Pride Builders, of 174 Mackintosh Place, Cardiff pleaded guilty to two breaches of Section 33 (1)(g) of the Health and Safety at Work etc. Act 1974. He was fined a total of £1,280 and ordered to pay costs of £1,500 as well as a victim surcharge of £15.

Speaking after the hearing, HSE inspector David Kirkpatrick said:

HSE inspectors found sub-standard safety measures in relation to working at height

"HSE inspectors take enforcement action where the risks justify the action to ensure that people’s health and safety is not put at risk.

"We cannot tolerate non-compliance with enforcement notices and will prosecute. The enforcement notices in this case are two of many served by HSE construction inspectors during a recent focus on the construction and refurbishment industry in Cardiff.

"Construction is a high risk industry and if workers are not to die or suffer life-changing injury, it is essential that everyone meets basic and sensible standards of safety."

HSE serves Prohibition Notices where there is a clear, immediate risk of death or injury to employees or members of the public. Improvement Notices allow a limited time to raise safety standards.

During 2009/10, 77 workers were injured in Cardiff while working in construction. UK-wide, 42 workers died and nearly three quarters of these occurred during refurbishment, repair and maintenance activities.

Cardiff Council’s Public Protection Team in partnership with the Food Standards Agency Wales (FSAW) has celebrated the range of businesses that have achieved a Food Hygiene Rating Scheme Score of 5 since October 2010.

The Food Hygiene Rating Scheme (FHRS) developed by the Food Standards Agency (FSA) in partnership with local authorities in England, Wales and Northern Ireland, provides information on food hygiene standards to help people to choose where to eat out or shop for food.

Food outlets, such as restaurants, takeaways and pubs, are inspected by food safety officers from Cardiff Council, to check that their hygiene standards meet legal requirements. The hygiene standards found at these inspections are rated on a scale ranging from zero at the bottom (which means ‘urgent improvement necessary’) to a top rating of five (‘very good’).

These ratings are available for anyone to view on the FSA website at food.gov.uk/ratings and the food business are  given a sticker and certificate and encouraged to display these at the entrance to their premises.

In addition the celebratory event allowed the businesses to gain information on the Healthy Options Award which is run by the Health Improvement Team in Cardiff Council.  The morning included an enlightening talk from a local food business woman Kemi Nevins who runs Kemis Café at Craft in the Bay.

Cllr Ed Bridges, Chairman of Licensing Committee & Public Protection Committee said, “It is very good news for residents and visitors to Cardiff that so many food businesses are hitting the top rating for hygiene.  These ratings really matter to people and means they can enjoy safe food in confidence.  We always seek to encourage everyone to make informed choices with their food as this scheme plus the Healthy Options Award helps people do just that.”

Dr Sharon Hopkins, Executive Director of Public Health Wales Cardiff and Vale University Health Board also encouraged businesses to apply for the Healthy Options Award saying;

“Being a healthy city means that we aim to encourage individuals to make healthy lifestyle choices as well as encourage businesses and organisations to provide a supportive environment that promotes good health.  Cardiff’s food businesses have a huge part to play in influencing the health of Cardiff’s population, and the Food Hygiene Rating Scheme and the Healthy Options Award recognises those businesses that are playing their part”.

The Healthy Options Award aims to encourage food businesses that cater to the public to provide healthier options to customers, through the use of healthier catering practices, increasing fruit and vegetables and starchy carbohydrates and decreasing fat especially saturated fat, sugar and salt. If you are a Cardiff food business and would like to find out if your business is eligible please contact the Health Improvement Team on 02920871161.

If you would like further information about the FHRS please contact the Food Safety Team on 029 20871128.

The Health and Safety Executive (HSE) prosecuted Melloy Limited after shift co-ordinator Paul Thorngate, 44, was crushed by a falling crate of aluminium car parts, while working overtime at the company’s Treforest Industrial Estate premises.

The father-of-three from Porth was working alone in the heat treatment area of the factory on the evening of 10 November 2006, but was fatally injured when the wire rope hoist that was supporting a suspended crate of parts failed, causing it to fall upon him.

Cardiff Crown Court heard that Mr Thorngate, who had worked for the company for 27 years, was one of several men who would work overtime at weekends or nights as a lone worker.

On the night of the incident, a metal basket containing aluminum brake parts was being hoisted into a furnace for high temperature treatment. The crane raised and lowered its cargo by extending and shortening a wire rope. However, Mr Thorngate was killed when the rope supporting the weight snapped, and the basket landed on top of him.

The court heard that after the company relocated to Treforest in May 2005, the hoist mechanism was reassembled at the new premises. The HSE investigation found the firm failed to ensure the hoist was examined by a qualified specialist after reassembly, and was done without first conducting a suitable risk assessment.

Following the incident, it was discovered that the wire rope had broken, as it had been seriously damaged from rubbing against the frame. The safety devices on the hoist were also incorrectly adjusted.

Melloy Ltd of Treforest Industrial Estate in Pontypridd, pleaded guilty to breaching Regulation 9(2)(b) of the Lifting Operations and Lifting Equipment Regulations 1998, Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 and Section 2(1) of the Health and Safety at Work etc. Act 1974.

The company was fined £100,000 and ordered to pay costs of £75,000.

Mr Thorngate’s partner, Jayne Beer, said:

“Words cannot describe how much of a gap Paul’s death has left in all our lives. He was a vibrant and fun-loving person and he was much-loved by friends, family and colleagues. His untimely death has devastated all that knew him, including his children and four brothers.

“He was dedicated to his job and worked hard to make sure his work was completed to the highest standard. If only his employers had had the same attitude and work ethic then perhaps in a different life Paul would still be with us today.”

HSE inspector, Janet Viney said:

“This tragic incident that has left a family without a father could have been easily prevented had the failed hoist been thoroughly examined when it was moved from one factory to another.

“If a competent person had examined the hoist, the changes which were made to accommodate its new position would have been recognised and the safety mechanisms would have been adjusted.

The firms were sentenced over the incident that saw agency worker Christopher Booker from St Athan, fall around 12 metres through an unprotected opening in a platform at Aberthaw Power Station in the Vale of Glamorgan on the evening of Sunday 10th June 2007.

Cardiff Crown Court heard that work was being carried out to insert equipment into a large deep pit in the water cooling system to hold back the seawater when the tide rose. Sections of the floor gratings at the top of the pit had been removed to allow the work to proceed.

Mr Booker was working with eight other workers who had been called in to carry out urgent modification work on the equipment in order to ensure an effective seal of the pit.

The unguarded opening through which Mr Booker fell

As the natural light faded, electric lights were turned to face those doing the grinding work which left the top of the pit in near darkness. Mr Booker fell through the opening in the walkway to the floor below. He died of multiple injuries to his chest and pelvis.

An investigation by the Health and Safety Executive (HSE) showed that a large opening in the walkway was left unprotected after the floor gratings had been removed, and inadequate precautions had been taken to protect people working near it.

The investigation also identified that there was confusion and misunderstanding between RWE npower and principal contractor AMEC Group Ltd as to who was responsible for controlling the work at the time of Mr Booker’s death.

RWE npower Plc, of Windmill Hill Business Park, Whitehill Way, Swindon, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. Today at Cardiff Crown Court, they were fined £250,000 and ordered to pay £30,000 costs.

The principal contractors, AMEC Group Ltd, of Booths Park, Chelford Road, Knutsford, Cheshire, pleaded guilty to breaching regulation 11(1) of the Management of Health and Safety at Work Regulations 1999. They were fined £200,000 with costs of £30,000.

After the hearing, HSE Inspector Caroline Bird said:

“This tragic case highlights the consequences of failing to do something as simple as adding protection to an opening in a walkway.

“Inadequate planning and a poor choice of safety control measures meant that a very obvious hazard remained.

“Both companies had a duty of care to Mr Booker that they failed to meet – with catastrophic consequences. This awful incident could so easily have been prevented had the correct safety measures been taken.

“Employers have a duty to manage the risk of falls from height, including providing protection around the edge of openings. It is completely unacceptable this sort of risk was not managed.”

The plans follow a review of mental health services by Cardiff and Vale University Health Board. The Welsh Assembly Government has earmarked in excess of £90million for the new unit. This funding will be released following satisfactory completion of a Full Business Case. 

The purposed-designed unit will include:

• 125 beds and more community services;
• Enhanced quality, safety and effectiveness of specialist in-patient care for adults;
• Improved privacy and dignity for patient;
• Assessment, treatment and rehabilitation; and,
• 24/7 specialist medical support and other facilities at the University Hospital, Llandough.

Mrs. Hart said: “We have invested significantly in new child, adult and elderly mental health facilities across Wales.

“We are committed to continually improving mental health facilities. Once opened, this development will improve the care for patients and the working environment for staff. By bringing together a range of services and staff under one roof will ensure we maximise the skills of all staff for the benefit of patients.

“We are maintaining our investment in the health service in cash terms over the next three years – despite the impact of the UK Government’s cuts to the Welsh budget.”

Mutale Merrill, Vice-Chair of Cardiff and Vale University Health Board – which runs the University Hospital, Llandough – said: “This decision is a key step forward in our work to improve local services for people with mental health needs. The benefits of a single, purpose-built unit on the University Hospital Llandough site, co-located with other health services will be enormous.”

Dr John Lewis, Senior Consultant and Divisional Director for Mental Health Services, Cardiff and Vale UHB, added: “This is good news for patients, staff and the community. Our plans reflect the outcome of a wide public consultation on how we will deliver services in the future. It is important to remember that, while the new inpatient unit is a vital part of the model, we are also working hard to develop our community-based services.”

The Group took up this issue following responses to parliamentary questions, which revealed that implementation was the responsibility of individual NHS organisations and progress was not monitored centrally.

The Report’s Key Findings:

• Serious challenges to the delivery of psychological services, particularly CBT, to all service users with a diagnosis of schizophrenia, as called for by the Guideline
• Lack of focus on the requirements for more comprehensive services such as assistance with employment and partnerships with relevant local organisations
• Confusion and difficulties in providing improved physical health screening for service users with a diagnosis of schizophrenia
• Inconsistency in the services provided across Trusts and the potential for sharing of good practice in areas such as monitoring adherence to medication

The report highlights the difficulties mental health service users face in accessing what should be basic treatment and the importance in maintaining the growth in funding for mental health services.   The report is based on responses from over half of the mental health trusts in England and Wales.

A copy of the report can be obtained at: www.appg-mentalhealth.org.uk/appgmh-news.html

The Cardiff North AM is the first Assembly Member to succeed in receiving approval in principle from the UK and Welsh Assembly Government for a non-government Legislative Competence Order.

If the Order is finally approved by the Assembly and Parliament it has the chance of completing its process by March 2010, which means that competence to legislate will be given to the Assembly.

The draft legislation was formally laid in the Assembly today ahead of a debate and vote by AMs next Wednesday.

Jonathan said: “Devolving powers to Wales over mental health has become something of a personal crusade.

“I have never quite understood why physical health became part of the devolved legislative remit without mental health.

“I suspect it happened this way partly because of the links between mental health and the power of the state to detain patients.

“If this legislation passes and it all works out then Wales has the chance to lead the way in mental health services reform.

“Very often our debates have been around the need for Wales to catch up with the rest of the UK and certainly services here do need to change.

“There may well be a golden opportunity to lead the rest of the UK in reforming this important service, demonstrating how devolution is not about doing things differently for the sake of it, but doing it better.”

“These reports are a matter of great concern and I am seeking assurances from the Health Minister about how this affects Wales and the Assembly Government’s immunisation plan for the under-fives.

“It is vital vulnerable groups, such as young children and the elderly, are protected from this disease. The Health Minister must explain what she plans to do to allay parents’ fears.”