Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    ARCHITECT AND CONTRACTOR TOGETHER IN COURT

    Project architect and contractor pay over £300k following site death

    Express Park Construction Company Limited (EPCC), of London, and architects Oxford Architects Partnership, of Oxford have been ordered to pay a total of £323k in fines and prosecution costs after the death of a workman in January 2005.

    David Cairns died after falling during work on air conditioning plant, which was built on a platform accessed by a ladder at the edge of a flat roof. The court heard that Mr Cairns (64) was working for EPCC sub-contractors H&F Air Conditioning Limited at the newly-built ‘Exchange’ building at Express Park in Bridgewater, Somerset.

    The roof was designed with a low parapet which was not at a height sufficient to prevent Mr Cairns falling 9m to the ground.

    The architects pleaded guilty to breaching the CDM Regulations 1994 Regulations 13 and 14 which require designers to take safety considerations into account during design.

    The 1994 Regulations have now been replaced but a similar designer duty under CDM Regulation 2007

    EPCC was fined £75,000 and ordered to pay costs of £68,000 and Oxford Architects Partnership was fined £120,000 and ordered to pay costs of £60,000 at Bristol Crown Court on 29th July 2010.

    Designers responsible for ‘bad design’

    Speaking after the hearing, HSE Inspector Sue Adsett, said:

    “This is a tragic case where both the failings of the construction firm and the architects led to Mr Cairns’ death. Designers must be aware they can be held responsible where bad design is an important contributory factor to a work-place fatality. Designers must ensure that plant and equipment can be accessed safely, and that safety harnesses are only used as a last resort.

    Mr. Cairn’s family, who were at court, said:

    “The loss of David has deeply affected us all and he will be greatly missed. Our hope is that lessons are learnt within the construction industry so that other similar incidents are prevented. Safety should be paramount during all stages of the building process so that another family doesn’t have to suffer the loss that we have.”

    Comment

    This is a interesting case that will reverberate throughout the design community. The significance is raised by the fact that the CDM Regulations 2007 now in force have updated and strengthened the duties of design organisations

    This prosecution sends the message that design practices need to embed sound risk avoidance processes within practice procedures. The design team must recognise the importance of designing to eliminate hazards and reduce risk to constructors, users and those who maintain structures.

    Risk will often remain and designers are therefore required to inform others of any remaing significant residual risk so that others can manage such risks effectively.

    Latest Construction Health and Safety News

    FAILURE TO ISOLATE LEAVES WORKMAN PARALYSED

    Conveyor guards removed before power source isolated

    Read the rest of this article »

    Posted on 16th October 2018

    TRADING STANDARDS AND HSE ACT IN CONCERT

    Director given prison term over fraud and health and safety breaches

    Read the rest of this article »

    Posted on 15th October 2018

    BUILDER ERROR CAUSED RESIDENT FALL FROM BALCONY

    Director prosecuted over refurb project danger to others

    Read the rest of this article »

    Posted on 12th October 2018

    FORMER HSE BOSS CONDEMNS VALUE ENGINEERING

    Resident and public safety must match workforce safety progress

    Read the rest of this article »

    Posted on 12th October 2018

    RETAILER FINED AFTER FAN AMPUTATES FINGERS

    Maintenance engineer injured during roof fan repair works

    Read the rest of this article »

    Posted on 12th October 2018

    POOR PLANT ISOLATION CAUSED CONVEYOR DANGER

    Arm of fitter trapped between conveyor drum and belt

    Read the rest of this article »

    Posted on 11th October 2018

    BUILDING OWNER FAILED TO CHECK FOR ASBESTOS

    Prison sentence for businessman after previous HSE enforcement

    Read the rest of this article »

    Posted on 11th October 2018

    YOUNG WORKER LOSES FINGERS IN SAWING INCIDENT

    Provision of training and information could not be proved

    Read the rest of this article »

    Posted on 11th October 2018

    HSE ENFORCEMENT WEEKLY UPDATE 10th OCT 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 10th October 2018

    MD PROSECUTED ALONGSIDE ERRANT COMPANY

    Director held personally responsible for poor site conditions

    Read the rest of this article »

    Posted on 1st October 2018

    ASBESTOS REMOVAL STARTED BEFORE R & D SURVEY

    Asbestos insulation board found outside building being refurbished

    Read the rest of this article »

    Posted on 27th September 2018

    INEFFECTIVELY BRAKED SAW CAUSED AMPUTATIONS

    Retro-fitting of precautions may be required on older machines

    Read the rest of this article »

    Posted on 27th September 2018

    FALL THROUGH FRAGILE CEILING TILES

    Failure to implemented control measures for working near fragile surfaces

    Read the rest of this article »

    Posted on 27th September 2018

    HSE SEEKS CONSTRUCTION ‘DUST BUSTER’ PARTNERS

    Regulator uses social media to raise dust dangers and using right controls

    Read the rest of this article »

    Posted on 24th September 2018

    MAJOR HOMES BUSINESS EXPOSED PUBLIC TO RISK

    Residential property refurb project created carbon monoxide danger

    Read the rest of this article »

    Posted on 24th September 2018

    HSE CONSTRUCTION DUST CONTROL ‘BLITZ’ STARTS

    Regulator inspections will check health taken as seriously as safety

    Read the rest of this article »

    Posted on 20th September 2018

    FLOOR CONSTRUCTION SYSTEM OF WORK UNSAFE

    Welder fell 3m from mezzanine area through purlin openings

    Read the rest of this article »

    Posted on 20th September 2018

    WORKER SUFFERS FATAL BURNS IN OXYGEN RICH AREA

    Sparks from angle grinder ignited clothing of workman in confined space

    Read the rest of this article »

    Posted on 19th September 2018

    RIBA PUBLISH DRAFT POST GRENFELL FIRE SAFETY PLAN

    Architects institute consults on ‘golden thread of fire safety information’

    Read the rest of this article »

    Posted on 19th September 2018

    MAJOR UK CONTRACTORS HIT BY MAJOR FINES

    Firms ordered to pay over £3m after foot trapped in rotating ‘screw’

    Read the rest of this article »

    Posted on 19th September 2018

    DRIVER DIED TRAPPED BETWEEN TRAILER AND VEHICLE

    Firm fined £1.5 million over failure to assess coupling operations

    Read the rest of this article »

    Posted on 14th September 2018

    ACTUAL SYSTEM OF WORK WAS OPPOSITE OF RAMS

    Workman fell 4m through fragile asbestos roof sheet

    Read the rest of this article »

    Posted on 13th September 2018

    CDM PRINCIPAL DESIGNER FUNCTION MISUNDERSTOOD?

    Consultants claim CDM 2015 design risk management has ‘gone backwards’

    Read the rest of this article »

    Posted on 8th September 2018

    RISK ASSESSED PRECAUTIONS NOT IMPLEMENTED

    Action not paperwork essential to prevent fall during lifting operation

    Read the rest of this article »

    Posted on 7th September 2018

    CROSSRAIL PUBLISH BEST PRACTICE H&S GUIDES

    Sharing major project best practice can leave a lasting legacy

    Read the rest of this article »

    Posted on 5th September 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic