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Updated Aug 2, 2019

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Company and Director sentenced after workers diagnosed with HAVS

A company that provides specialised services in rock drilling, cliff stabilisation, and rock anchors, along with its director, has been sentenced after a number of workers were diagnosed with Hand Arm Vibration Syndrome (HAVS). 

Plymouth's Magistrates Court has heard how three employees of the company had developed and reported symptoms of HAVS, but no action was taken to rectify the situation. The employees, having used tools such as rock drills and jack hammers horizontally while working from ropes, began to experience symptoms like pins and needles, and aching hands in 2000 and with the help of an occupational nurse, they accurately identified the problem in 2016. 

An investigation by the Health and Safety Executive (HSE) had found that the risk assessment had not identified the actual exposure to vibration and had used out of date vibration data; also finding that there was no health surveillance in place until 2016 and employees were not made aware of HAVS and the attached symptoms. Even when symptoms were reported, the company failed to take action.

Celtic Rock Services Limited of Bossell Road, Buckfastleigh, Devon pleaded guilty to breaching the Health and Safety at Work Act 1974. The company was then subsequently fined £36,667 and ordered to pay costs of £3,560.

The Director pleaded guilty to breaching the same Act, and was given a 12 week custodial sentence and curfew, was suspended for one year and also ordered to pay costs of £3,560. 

After the hearing, HSE inspector Caroline Penwill stated, "This was a case of the company and its director completely failing to grasp the importance of HAVS risk assessment and health surveillance. If they had understood why health surveillance was necessary, it would have ensured that it had the right systems in place to monitor workers health and the employees’ conditions would not have been allowed to develop, one of which was to a severe, life altering stage."

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