Council in court after exposing workers to ‘harmful’ tools and ‘unhealthy working culture’

A Yorkshire council allowed an ‘unhealthy working culture’ to continue despite the dangers to workers using vibrating tools.

Rotherham Metropolitan Borough Council has been slapped with a £60,000 fine after a worker was diagnosed with Hand-Arm Vibration Syndrome (HAVS). Sheffield Magistrates’ Court heard how the employee was diagnosed with HAVS in April 2005 but was still allowed to work with vibrating tools for another 14 years.

Despite regular health assessments and advice to limit exposure, the council failed to take sufficient action to mitigate the risks. Workers were encouraged through bonuses and overtime to work up to, and often beyond, the recommended exposure limits.

The Health and Safety Executive (HSE) brought the case to court following an investigation that revealed the council’s failure to heed health surveillance recommendations, thereby continuing to expose workers to harmful vibration levels. The HSE investigation revealed that other workers in the road maintenance division were also at risk, with poor monitoring and follow-up on health surveillance reports. The data for assessing vibration exposure was inaccurate, worsening the situation.

Rotherham Metropolitan Borough Council admitted to an offence under Section 33(1)(a) of the Health and Safety at Work etc Act 1974, for their failure to ensure, as far as was reasonably practicable, the health, safety and welfare at work of their employees in line with section 2(1) of the Act. On Tuesday, December 17, the council was ordered to pay a fine of £60,000 and full costs of £5,775.70.

After the hearing, HSE enforcement lawyer Kate Harney said: “Rotherham Council had been exposing employees to the risks arising from the use of vibrating tools for a significant period of time. They fell below expected standards and appropriate enforcement was taken by the HSE.

“This was also not an isolated incident, with other staff working in the council’s road maintenance division also exposed to risks to their health, due to an unhealthy working culture where these exposures inadequately monitored.

“We urge those responsible for work using vibration tools to please check our freely available guidance.”

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Image Credits and Reference: https://www.examinerlive.co.uk/news/local-news/council-court-after-exposing-workers-30736153

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