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

PRISON TERM FOR SOLE TRADER CONTRACTOR

Small contractor pays the price for failing to manage work at height hazards

Read the rest of this article »

Posted on 19th October 2017

WORKMAN FELL THROUGH ROOF OPENING

Waterproof membrane concealed conservatory roof hazard

Read the rest of this article »

Posted on 19th October 2017

HSE ENFORCEMENT WEEKLY UPDATE 18th OCT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 19th October 2017

DEATH AND POORLY MANAGED RISK FINED £3.8 MILLION

Unstable precast concrete panels toppled MEWP and crushed operator

Read the rest of this article »

Posted on 18th October 2017

DOING SAFETY DIFFERENTLY – THE MOVIE…

Reducing compliance bureaucracy and putting trusting in people

Read the rest of this article »

Posted on 13th October 2017

WORKMAN FELL FROM EDGE OF UNGUARDED OPENING

Firm fined £95,000 over failure to assess and protect workers at height

Read the rest of this article »

Posted on 13th October 2017

FITTERS FINGERS SEVERED BY UNGUARDED TABLE SAW

Compensation order for injured workman takes precedence over fine

Read the rest of this article »

Posted on 13th October 2017

HSE ENFORCEMENT WEEKLY UPDATE 11th OCT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 11th October 2017

ROOF WORKER FRACTURED BACK IN FRAGILE FALL

Fragile wood wool slabs failed to support weight of workman

Read the rest of this article »

Posted on 11th October 2017

PRODUCTS: ELIMINATING HEALTH RISKS BY DESIGN

Innovative product eliminates key hazards for CDM 2015 designers

Read the rest of this article »

Posted on 11th October 2017

DRIVER DIED WHEN CRUSHED BETWEEN VEHICLES

Firm failed to follow industry guidance on coupling and uncoupling

Read the rest of this article »

Posted on 10th October 2017

WORKER LOSES HANDS AND FEET IN POWER LINE STRIKE

Director handed prison term over unsafe scaffolding operation

Read the rest of this article »

Posted on 6th October 2017

INDUSTRY FORUM CONSIDERS DUMPER HAZARDS

CPA and CECA plan new guidance on Forward Tipping Dumpers

Read the rest of this article »

Posted on 6th October 2017

HSE ENFORCEMENT WEEKLY UPDATE 4th OCT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 5th October 2017

INCIDENT: UNDERGROUND CABLE STRIKE

Three treated for burns after power cable struck in London

Read the rest of this article »

Posted on 5th October 2017

COUNCIL FAILED TO IMPLEMENT STATED HAVS POLICY

Fined £150k over failure to control and monitor hand-arm vibration hazard

Read the rest of this article »

Posted on 5th October 2017

PROJECT MANAGER FINED OVER FAILURE TO MANAGE

Principal Contractor prosecuted alongside responsible manager

Read the rest of this article »

Posted on 3rd October 2017

HSE CONSTRUCTION BLITZ GOES LIVE ON HEALTH RISKS

hselogo1Second phase of campaign looks for compliance on dust management

Read the rest of this article »

Posted on 2nd October 2017

UPDATE OF ALL HSE ASBESTOS ESSENTIALS GUIDANCE

HSE publish fresh guidance for Non-Licensed work with asbestos

Read the rest of this article »

Posted on 27th September 2017

HSE FINALISES PRIORITIES ON HEALTH AND CDM

Clients and designers need to act on lung disease and other health risks

Read the rest of this article »

Posted on 27th September 2017

HSE ENFORCEMENT WEEKLY UPDATE 27th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 27th September 2017

SCAFFOLD INSPECTORS ISSUED FALSIFIED CERTIFICATES

Prosecution for two after workman fell from illegitimately signed off scaffold

Read the rest of this article »

Posted on 25th September 2017

REVERSING EXCAVATOR CRUSHED WORKMAN

Lack of management system to segregate pedestrians and vehicles

Read the rest of this article »

Posted on 21st September 2017

CLIENT FINED £2.5 MILLION AFTER CONTRACTOR DEATH

Fatal fall through roof leaves client responsible for massive fine

Read the rest of this article »

Posted on 21st September 2017

HSE ENFORCEMENT WEEKLY UPDATE 20th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

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