Turner Access Higher Safety Total Access
Total Access Ethentic Chipmunk Data
Chipmunk Data Turner Access Ethentic

CLIENT PROSECUTION FOLLOWS FRAGILE ROOF FALL

Client failed to manage project and check competence of contractors

A London-based client for construction work has been prosecuted and fined after the company failed regarding management arrangements and competence under CDM 20007.

The case follows an incident in which a labourer fell through a fragile fibre cement roof and severely injured his back.

Client faced magistrates alongside contractor 

Perryman Properties Ltd (PPL) of London N15 pleaded guilty to breaching client duties under CDM Regulations 4(1)(a) and 9(1)(a) regarding the competence of the contractor appointed and client arrangements for managing the project.

The Court heard that in April 2008, PPL employed Demetrius Michael to refurbish a building that had been used as manufacturing premises.

He was contracted to partition the building into some 30 separate units. Mr Michael susequently engaged a self-employed builder to assist with the work.

Demetrius Michael of Enfield pleaded guilty to breaching HSW Act Section 3 and was ordered to pay over £10k in fines and prosecution costs whilst Perryman Properties Ltd was ordered pay almost £12k.

Asbestos cement sheet failed

On 19 May 2008 the builder was inspecting part of the roof when he stepped onto a section of asbestos cement sheeting and fell over 6m to the concrete floor, suffering two fractured vertebrae.

PPL had failed to appoint a CDM co-ordinator and a principal contractor. Checks on the competence of people engaged were not carried out and suitable management arrangements for the project had not been made.

Demetrius Michael failed to ensure that the builder engaged was not exposed to risks, including those of falling from height through a fragile roof.

Clients are accountable for impact on safety

HSE Inspector Paul Hems said after the case “Clients have one of the biggest influences over the way a project is run and because of this, they are accountable for the impact their approach has on the health and safety of those working on the project.

Perryman Properties Ltd’s failure to discharge its client duties contributed to the creation of an unsafe working environment at the site.

“As the person in control of the site, Demetrius Michael failed to ensure that work was properly planned, appropriately supervised and carried out in a manner. As a result of this Mr Acay fell through a fragile roof and suffered serious injuries to his lower spine and his hands.”

Comment: The injured workman was most fortunate to survive this fall through a fragile roof. Falls through fragile roofs cause 7-10 deaths each year in the UK.

The client should be relieved at this miraculous escape. If the workman had died both client and contractor may have been facing investigation under the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCH).

At the conclusion of the investigation the Police and Crown Prosecution Service may have considered that the CDM 2007 failures regarding client management arrangements and contractor competence justified bringing charges of Corporate Manslaughter.

Latest Construction Health and Safety News

MAJOR CONTRACTORS LAUNCH H&S ALERT SYSTEM

Build UK members share information for effective prevention of harm

Read the rest of this article »

Posted on 19th July 2017

HSE ENFORCEMENT WEEKLY UPDATE 19th JULY 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 19th July 2017

STRUCTURAL SAFETY BODY LATEST NEWSLETTER

SCOSS publishes reports and expert comment on a range of issues

Read the rest of this article »

Posted on 18th July 2017

SAFE SYSTEM DEVISED BUT NOT IMPLEMENTED

Workman injured by goods falling from double-decked trailer

Read the rest of this article »

Posted on 18th July 2017

PREVENTION PLANNING REQUIRED FOR FRAGILE RISK

Fall arrest safety netting not used to mitigate fall consequences

Read the rest of this article »

Posted on 17th July 2017

MANAGEMENT OF FORMWORK NOT UP TO THE MARK

Erector fell 3m after access scaffold board failed under load

Read the rest of this article »

Posted on 17th July 2017

VIBRATION UNCONTROLLED & WORKERS UNINFORMED

Engineering firm fined £120,000 over hand-arm vibration risk

Read the rest of this article »

Posted on 14th July 2017

HSE ENFORCEMENT WEEKLY UPDATE 12th JULY 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 12th July 2017

SCAFFOLDER WAS UNTRAINED AND UNSUPERVISED

Contractor and director failed to train injured workman to CISRC scheme

Read the rest of this article »

Posted on 10th July 2017

WORKPLACE MANSLAUGHTER OUTCOMES SET TO RISE

Guidelines target gross negligence with serious disregard and cost-cutting

Read the rest of this article »

Posted on 7th July 2017

WORKMAN BURNT CLEANING WITH FLAMMABLE LIQUIDS

Flammable substance and unprotected electrical equipment trigger flash fire

Read the rest of this article »

Posted on 7th July 2017

PUWER FAILINGS AND INJURY END IN £1,900,000 FINE

Massive fine after workman suffers friction burns caused by conveyor

Read the rest of this article »

Posted on 7th July 2017

HSE ENFORCEMENT WEEKLY UPDATE 5th JULY 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 7th July 2017

HSE REPORTS CONSTRUCTION DEATHS AT RECORD LOW

hselogo1Fatalities decline whilst asbestos related mesothelioma deaths rise

Read the rest of this article »

Posted on 5th July 2017

CURSORY AND NEGLIGENT ASSESSMENT BY DIRECTOR

Building firm owner jailed after workman died in trench collapse

Read the rest of this article »

Posted on 3rd July 2017

UPDATE – DIRECTOR AND EXCAVATOR OPERATOR JAILED

Excavation collapse dangers ignored by director and digger operator

Read the rest of this article »

Posted on 3rd July 2017

HSE SAFETY ALERT: TRACK TENSIONING INCIDENT

hselogo1Workman died from hydraulic injection injury whilst tensioning track

Read the rest of this article »

Posted on 30th June 2017

OXYGEN PIPE EXPLOSION CAUSED SEVERE BURNS

Components used containing materials unsuitable for use with oxygen

Read the rest of this article »

Posted on 30th June 2017

HSE ENFORCEMENT WEEKLY UPDATE 28th JUNE 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 28th June 2017

ROOF FALL CAUSES LIFE CHANGING INJURIES

Inadequate planning and absence of necessary equipment caused fall

Read the rest of this article »

Posted on 25th June 2017

LIFT PLANNING AND CONTROL FOUND WANTING

Female building worker struck by scaffold fittings tipped from stillage

Read the rest of this article »

Posted on 25th June 2017

FATALITY: CRANE COLLAPSE ON HOMES PROJECT

Two workmen die in crane collapse in Crewe

Read the rest of this article »

Posted on 23rd June 2017

BUILD UK EXPLAINS PROJECT H&S TRAINING STANDARD

UK contractors clarify skill cards needed on CDM 2015 projects

Read the rest of this article »

Posted on 21st June 2017

HSE ENFORCEMENT WEEKLY UPDATE 21 JUNE 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 21st June 2017

CIVILS FIRMS PAYS PRICE OVER PUBLIC DANGER

Fencing wire struck member of public relaxing in own garden

Read the rest of this article »

Posted on 20th June 2017
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access