A council worker was diagnosed with Hand Arm Vibration Syndrome (HAVS) after repeated exposure to vibrating tools when repairing potholes.
He was employed by Rotherham Metropolitan Borough Council’s road maintenance department for more than 20 years, using vibrating tools over the entire period.
Prolonged and regular exposure to vibration can affect a worker’s health resulting in painful and disabling disorders of the nerves, blood supply, joints and muscles of the hands and arms – known as Hand-Arm Vibration Syndrome (HAVS). The risk of onset or worsening of HAVS increases with daily exposure and varies widely between individuals.
For this reason, HAVS cases must be reported by employers to the Health and Safety Executive (HSE). Those who are at risk of developing the condition must be subject to regular health surveillance, to spot the early signs.
The employee was subject to health surveillance, and received his HAVS diagnosis in 2005. However, an HSE investigation discovered that he continued to work with vibrating tools for another 14 years. Only once the HSE investigation began in April 2019 did the employee stop using vibrating tools.
Rotherham Metropolitan Borough Council failed to act on recommendations by their Occupational Health surveillance system. Actions recommended included limiting exposure to vibration. However, these actions were implemented inconsistently or not at all, HSE found.
Data used in the health surveillance system to calculate vibration exposure grossly underestimated the vibration magnitude of the tools in use. It also relied upon accurate times being entered by staff.
Workers were incentivised to continue using vibrating tools through a bonus scheme and overtime work. This inevitably led to high levels of exposure.
HSE found that the Council regularly allowed workers to exceed the recommended Exposure Limit value (ELV) for vibration. Workers were only moved to other tasks when their health deteriorated.
Rotherham Metropolitan Borough Council pleaded guilty to breaching Section 33(1)(a) of the Health and Safety at Work etc Act 1974.
Their offence was a 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.”
Peninsula Team, Peninsula Team
(Last updated )
Peninsula Team, Peninsula Team
(Last updated )
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