Rotherham Council fined £60,000 after workers exposed to health risks from vibrating tools
The case was brought to court following an investigation by the Health and Safety Executive
Rotherham Metropolitan Borough Council has been fined £60,000 after a worker, exposed to the risks of vibrating tools during over 20 years of pothole repairs, was diagnosed with Hand-Arm Vibration Syndrome (HAVS).
The case was brought to court following an investigation by the Health and Safety Executive (HSE), which found that the council had failed to act on health surveillance recommendations and continued exposing workers to harmful levels of vibration.
Sheffield Magistrates’ Court heard that the employee had been diagnosed with HAVS in April 2005 but was allowed to continue working with vibrating tools for another 14 years.
Despite regular health assessments and advice to limit exposure, the council did not take adequate action to reduce the risks. Workers, incentivized through bonuses and overtime, were permitted to work up to, and often beyond, the recommended exposure limits.
Rotherham Metropolitan Borough Council pleaded guilty to an offence contrary to Section 33(1)(a) of the Health and Safety at Work etc Act 1974, for their failure to ensure, so far as was reasonably practicable, the health, safety and welfare at work of their employees in accordance with section 2(1) of the Act. On Tuesday 17 December, the council was fined £60,000 and ordered to pay full costs of £5,775.70.
The HSE investigation also uncovered that other employees in the road maintenance division had been similarly exposed to risks, with inadequate monitoring and implementation of health surveillance findings. The data used to calculate vibration exposure was found to be inaccurate, further exacerbating the problem.
Following the hearing Kate Harney, enforcement lawyer for HSE 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.”