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Scrap metal firm fined after ignoring warnings about lead poisoning (23 October 2014)

Date: 23/10/2014
Duncan Lewis, Legal News Solicitors, Scrap metal firm fined after ignoring warnings about lead poisoning

A scrap metal firm based in Darwen, Lancashire has been prosecuted by the Health and Safety Executive (HSE), after workers were diagnosed with lead poisoning.

In 2009, Frank Barnes (Darwen) Ltd was contracted to dismantle metal structures and machinery by a lead manufacturer at a battery factory in Over Hulton – and at Frank Barnes’ own premises located at Albert and Hope Mills in Cross Street, Darwen.

The owners of the battery firm provided the company’s employees with an induction on working with lead – and also regularly monitored each employee for exposure to lead.

On 24 November 2009, an unnamed 48-year-old worker was found to have high levels of lead in his blood – and was suspended from working with lead at the battery factory, as required under the Health and Safety Regulations.

Frank Barnes was also advised that the employee should not work with lead materials at the site at Cross Street, but this advice was ignored.

The advice was repeated in January 2010, when another blood test revealed the lead levels in the worker’s blood were still high. However, this advice was also ignored.

The HSE was alerted in early February 2010 by the GP of another employee whose blood also had high levels of lead.

An HSE medical inspector made it clear to Frank Barnes (Darwen) Ltd that any workers with high blood readings should be taken off the project and similar work until the levels of lead in their blood had fallen.

Despite this advice, Frank Barnes took no action and the firm’s employees continued to be exposed to lead fumes and dust, leading to the 48-year-old employee being admitted to hospital later in February 2010 – after blood tests revealed he had seven times the normal amount of lead in his body, placing him at risk of nerve, brain and kidney damage, as well as fertility problems.

When HSE inspectors visited the site in March 2010, they also found two other workers who should have been suspended from lead work had been allowed to continue working with lead-containing materials – and had not been given suitable protective equipment.

On Monday (20/10/14) at Preston Crown Court, Frank Barnes (Darwen) Ltd was fined £30,000 and ordered to pay £29,639.65 costs, after pleading guilty to one breach of the Health and Safety at Work etc Act 1974.

Speaking after the hearing, HSE Inspector Michael Mullen said that the case was one of the worst he had dealt with in his job as an inspector.

“Frank Barnes (Darwen) Ltd consistently failed to respond to clear advice concerning employees with high levels of lead in their blood – and these employees continued to be exposed to lead fumes,” said Mr Mullen.

“Workers were not warned about the risks they faced – nor given suitable protective masks or clothing.

“The scrap metal company had a duty to adequately assess and manage the risk of exposure of its employees to lead. However, there was no assessment and no effective controls in place in relation to the work.

“This case should act as a clear warning to others who fail to heed health and safety laws that they could find themselves in court.”

The symptoms of lead poisoning include headaches, tiredness, nausea and stomach pains. Prolonged exposure to lead can lead to more serious conditions, including brain injury.

Duncan Lewis Personal Injury Solicitors – Poisoning Claims

Duncan Lewis is a leading firm of personal injury solicitors and can advise workers and members of the public on making no win no fee Poisoning Claims for lead poisoning, carbon monoxide poisoning, chemical poisoning, drug poisoning or food poisoning if an employer or other party is liable.

Personal injury claimants have three years from the date of injury in which to make no win no fee Poisoning Claims – and children can claim for up to three years after the age of 18.

For expert legal advice on making no win no fee Poisoning Claims, call Duncan Lewis personal injury solicitors on 020 7923 4020.

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