A DAMNING report has highlighted a series of health and safety and data protection failings in Blaenau Gwent Council.
A leaked report has revealed the council breached health and safety regulations, exposed confidential material relating to students and put its insurance cover at risk when it decommissioned the Business Resource Centre in Tredegar.
The report, to be discussed by the council’s audit committee today, also reveals the council recently settled a personal injury claim for £36,000 relating to an accident at the centre – which was used as a training centre for young people – in 2013 which resulted in a trainee receiving “significant injuries.”
The school-age trainee was carrying out horticultural activities at the centre using a rotivator when he slipped and his leg was trapped in the blades of the machine, it says.
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An investigation found the equipment had not been maintained, was not suitable for trainees to use, had not been risk assessed and had missing fenders.
The council had “significant concerns regarding its ability to defend this claim”, and after taking legal advice opted for an early settlement.
“As a consequence the settlement figure is much lower than if the claimant had continued with legal proceedings,” the council report says.
“The incident was reported to HSE (Health and Safety Executive) who fortunately chose not to investigate.”
But the report, which outlines the findings of the council’s audit and risk manager, reveals that piece of equipment remained at the business centre after it was sold in around March 2018 – “even though it was in the same state of disrepair as at the time of the accident.”
Flammable materials were also not disposed of correctly when the building was decommissioned. A fuel tank was not drained, and a full bottle of petrol was left in an unlocked storage container.
A car used for the training of students, which may have contained fuel, was found on a ramp and had not been maintained or tested for some time.
In two areas of the building, flammable materials had been piled up and left.
There were no active fire alarms in parts of the building, including those that contained flammable materials.
Sensitive, confidential materials relating to trainees were also found.
Although the building was vacant and secured, the report says there had been several viewings of the premises by third parties – and other staff attending for work reasons – who would have been able to view records they were not entitled to see.
The report concludes: “The authority has been exposed to unacceptable levels of risk in respect of data protection legislation, where breaches have the potential to attract fines of millions of pounds.
“It has breached health and safety regulations, compromised insurance cover, damaged the reputation of the council and potentially lost out on the opportunity to raise income through the sale or disposal of surplus equipment.”
It highlights “a lack of co-ordination” between service areas in decommissioning the building, and says there was “confusion over who was responsible for what.”
Immediate steps have been taken by the council to minimise future risks, the report says.
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The managing director, Michelle Morris, has tasked a full review of the arrangements for the management of disposals.
Ms Morris has sought assurance that equipment taken from the Business Resource Centre will not be used until all safety checks have been undertaken.
Those who have equipment from the centre have been contacted and told it must not be used until safety testing has been carried out.
Flammable materials and confidential documentation have been removed from the building, and security shutters fitted to the front.
A spokesman for the council said: “The issues identified in the report are historic and the issues identified have been addressed.”
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