Rotherham Council has been fined £60,000 after an investigation revealed pothole repair workers were exposed to risks from vibrating tools
Sheffield Magistrates’ Court was told that the employee, part of Rotherham Council’s road maintenance team, performed duties such as repairing potholes for more than 20 years, using vibrating tools.
Employers are legally obliged to report cases of HAVS to HSE. The HSE investigation revealed that despite the worker in question receiving this diagnosis in April 2005, he continued to work with vibrating tools for a further 14 years.
Despite being diagnosed in April 2005, he continued using vibrating tools until 2019.
The council breached its legal duty by failing to report the man’s diagnosis.
A Health and Safety Executive (HSE) investigation revealed that other workers also used vibrating tools after receiving similar diagnoses.
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.
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.”
