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

DEVELOPER AND DIRECTORS PROSECUTED UNDER CDM

Member of public fell to his death on unsecured construction site

A Brighton-based construction company and two of its directors have today (30 June 2010) been fined a total of £75,000 following the death of a member of the public at a development site.

PIB (UK) Ltd has been ordered to pay over £36k in fines and prosecution costs. 

Director John Blankson (55) of 27 Glen Rise, Brighton (who was also the project client) breached CDM 2007 Regulations 20(1) (a) (b) and (c) and was ordered to pay over £18k.

Fellow director, Steven Moore (44) of Falmer Road, Woodingdean also faced legal action. He was ordered to pay over £36k.

Mr Moore was also disqualified as a director for five years.

Young man fell over unprotected edge

PIB (UK) Ltd was refurbishing a large semi-detached house into five separate flats. 

Lewes Crown Court heard how Edward Dean (age 24) had been out socialising when in the early hours of Monday 30th June 2008 he wandered onto the construction site.

The site was not properly secured and Mr Dean was able to enter the work area. He tripped over an unprotected edge and fell 2.4 metres into a basement courtyard.

He was found dead later in the morning.

Unmanned sites must be properly secured

Following the hearing, HSE Inspector Denis Bodger said:

“Unmanned construction sites should be properly secured such that people and especially children cannot unknowingly wander into places of danger. It was both illegal and irresponsible for PIB UK Ltd and the company directors to disregard the importance of security on this site – leaving obvious hazards that in this tragic case resulted in the unnecessary loss of a young life. Sites can be easily and cheaply secured by providing suitable fencing or hoarding, using lockable gates and providing clear signage.”

HSE is calling upon building contractors and clients having building work undertaken to ensure they are familiar with the law and implement industry recognised safe practice before work starts. 

Comment

This is an interesting prosecution because:

  1. It shows that company directors can and will face legal action in addition to the corporate body. The director fines in this case are not insignificant and disqualification is an additional penalty.
  2. It appears the director client was prosecuted as the CDM Coordinator [CDM Reg 14(4)(a)] in the absence of a CDM-C being appointed. This is a salutary reminder to clients that where a CDM-C is not appointed early in a project the client will be responsible for the CDM-C duties in addition to client duties!

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