Two Care Home Directors Fined For Fire Safety Offences

Heavy fine comes as pair found in breach of 12 offences across four premises.

Businesses have been urged to check they are compliant with fire safety duties under the Regulatory Reform (Fire Safety) Order 2005 – as amended by the Building Safety Act 2022 – after two directors of a care home business had to pay nearly £125,000 for breaches of the legislation.

Thuraisamy Ravichandran and Radha Ravichandran – both directors of Care Pro (Southeast) Limited – were fined on 9 July after pleading guilty to 12 offences at Brighton Magistrates Court in April.

In October and November 2022, East Sussex Fire and Rescue officers visited four care homes in Bexhill-on-Sea run by the defendants. They identified a failure to discharge their duties to take general fire precautions at the care homes (Article 8), a failure to provide adequate firefighting and fire detection equipment (Article 13), and a failure to carry out and record a “suitable and sufficient” fire risk assessment (Article 9). According to East Sussex Fire and Rescue Service, all four premises had defective or missing fire alarm systems; damage to fire doors and a lack of self-closures (the doors separated the only means of escape from fire risk rooms such as bedrooms, kitchens and lounges); and fire risk assessments which were not current and not suitable or sufficient, as they did not consider the failings that were identified. District Judge Szagun, when considering the prosecution sentencing guidelines, upheld culpability to be high and the level of harm to be medium. In her judgement, the number of vulnerable residents placed at risk due to the defective fire doors and lack of detection and alarms raised the level of harm to a higher level. The judge added that the owners should have taken the time to understand published regulations and guidance when providing this type of service. The defendants were fined £27,500 per offence for four of the offences, with guilty charges upheld for the remaining offences but no separate penalty awarded. This resulted in a £110,000 fine, a £2,000 victim surcharge and £12,455 costs.

“The fire service considers this one of the most serious cases we have ever prosecuted due to a number of offences found in various premises operated by the company,” said Group Protection Legislation and Enforcement Manager, Craig Williams. “The fine handed down by the court today reflects the serious nature of the offences. Owners and those responsible for any premises where the fire service find fire safety contraventions are reminded of the potential consequences, including unlimited fines and potential custodial sentences.”

Fire Risk Assessment

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70% Rise in Site Deaths

New data from the Health and Safety Executive has found that there has been a 70% rise in the number of construction deaths since the pandemic.

Construction deaths in 2023/24 were over twice as many as the second most affected industry, with agriculture, forestry and mining suffering 23 fatalities. 51 construction workers died following accidents during the year to March 31 2024, increasing from the 2022/23 total of 47 and the five year average of 42. The HSE data is drawn from fatalities resulting from work-related accidents in 2023/24 that were reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations. Falls from height accounted for 50 deaths across all industries, a slight increase from last year’s 41 fatalities. The rise is “statistically significant”, according to HSE. Across all industries, the number of annual workplace deaths “remains broadly in line with pre-pandemic levels”, the HSE said. The HSE said: “While the number of fatalities fluctuates year-on-year, the average number of worker deaths in construction in the latest two years is statistically significantly higher than the pre-pandemic period. ”The report found that the rate of fatal injury in construction was five times higher than the average across all industries. The industry will be watching to see how the new government responds to the figures Julie Riggs, director of education and membership at the British Safety Council, said the rise in work-related fatalities in the latest HSE report is a “stark reminder that we cannot become complacent about the health and safety of workers. “Put simply, the consequences of poor health and safety are too great a price to pay.” “Despite a decrease in the overall number of injuries, it is worrying to see that the number of fatal injuries in the construction sector has increased compared to the previous year,” said Martin Usher, head of serious injury at Lime Solicitors.

TRAINING DATES

CITB Health & Safety Awareness – 12th September 2024

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Worker Loses Leg

A company has been fined £160,000 after an employee lost both legs whilst working at its site near Warrington.

On 20 June 2022, Andrew McAuley, from Runcorn, an employee of William Stobart & Son Limited was picking orders at the firm’s warehouse in Appleton Thorn. The 64-year-old was working in close proximity to a forklift truck (FLT) which was being used to load pallets of slate tiles onto a waiting truck. The FLT was carrying two pallets, one on top of the other. The top pallet was not secured to the one below, and when the driver turned the vehicle, both pallets became detached from the forks, with the upper pallet striking Mr McAuley, crushing his legs.

Mr McAuley had to have both legs amputated below the knee. He has been left dependent upon a wheelchair and unable to drive or climb stairs, leading to the need for extensive adaptations to the family home. The Health and Safety Executive (HSE) found that William Stobart & Son Limited failed to ensure this area of the warehouse was organised so that vehicles and pedestrians were segregated and circulated in a safe manner and loads were secured so far as was reasonably practicable.

William Stobart & Son Limited pleaded guilty to breaching regulation 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £160,000 and ordered to pay £4,478 costs at a hearing at Warrington Magistrates Court on 30 July 2024.

After the hearing HSE Inspector Lorna Sherlock said: “Mr McAuley has been left with devastating and life changing injuries.

“The company failed to implement a safe system of work for loading and unloading activities, thereby exposing employees, and others, to the risk of being struck by loads or workplace vehicles.

Meeting Our Clients Need

We have recently introduced a new client course booking system which will enable us to fully support our clients in their training needs, ensuring they remain compliant at all times!

The system is highly intuitive with a great portal feature for our clients to access their training records and download materials, certificates, carryout online training, or simply remind them of course bookings past and future.

WHAT’S ON

Dirt, Grime and Disease

Tudor House & Garden, Southampton

Dates available up to 31st Jan 2025

Before running water, modern medicine, and indoor toilets, how did people keep clean, stay well and dispose of waste in Southampton? This new exhibition explores dirt, grime and disease from Saxon times, through to the medieval and Victorian eras. Some grim history for everyone!

www.tudorhouseandgarden.com

These events are not recommendations, they are for information only. MSA cannot be held responsible for lack of enjoyment, financial loss or issues arising from these activities. Activities are undertaken at the readers choice and risk.

Autumn Safety

The leaves on the trees are starting to turn a beautiful orange, red and brown and the mornings have a crispness about them. Whilst this means lovely autumnal walks and cozy nights in, it also signals an increase in risks that employers need to assess and manage to keep their employees and the public safe.

Remove Fallen Leaves

Whilst the leaves are looking beautiful, once they have fallen and it rains, they get wet, start to decay and become a slip risk whilst also covering potential trip hazards underneath them.

In many buildings such as offices, leaves are often blown and collect in doorways and can cause an obstruction to the premises, so it’s important that these are dealt with regularly to prevent a build-up.

What you can do:

• Create a procedure to remove fallen leaves regularly.
• Consider pruning of bushes and trees around entrances to keep fallen leaves to a minimum.

Improve Outdoor Lighting

The light goes early once the clocks go back in the autumn and this can mean visitors to your premises are arriving in the dusk and employees are locking up in the dark. Good outdoor lighting is essential to help individuals see where they are going and avoid hazards, whilst also acting as additional security for individuals so that there are no dark spots around the building where intruders may hide.

For larger premises such as warehouses and manufacturing plants, good lighting is essential as HGVs and vans move about ensuring that there is good visibility, keeping pedestrians safe as well as aiding the loading and unloading of items.

What you can do:

• Ensure there is adequate outdoor lighting in use once the light fades and it is dark.
• Consider having timer or movement activated lighting so that it is always operational at any time of year.
• Ensure all outdoor workers wear reflective jackets so they are clearly visible.

Dealing with Rain and Wet Surfaces

With autumn and winter comes the increased chance of rain. Most surfaces become more slippery when wet and as a result the entrance ways to buildings become the place where most slip accidents happen (according to HSE).

What you can do:

• Cordon off spaces or discourage employees and visitors from walking across grassed areas which are likely to be more slippery.
• Create a procedure for managing the increase in water brought into the building with extra matting and /or additional cleaning and mopping.

Use Grit on Pathways when Icy

Once the temperature plummets and paths and roads become icy or snowy it’s important to know how you are going to clear these to reduce slips, trips and falls. You may need to decide to close certain outdoor areas that become more slippery as well as put down extra matting in entrance ways where the increase in water brought in causes the area to become very wet and a slip hazard.

What you can do:

• Carry out a risk assessment of pathways and areas of your premises determining key areas to be gritted or cordoned off once the temperature drops/ snow falls.
• Have a procedure for gritting these key areas. This should be done when frost, ice or snow is forecast.
• Ensure you have enough grit for the winter period on site.
• Have extra matting to absorb the increase in water brought in by shoes and boots when it snows.