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

    SEVENTH LONDON CYCLIST DEATH DURING 2018

    Building products vehicle involved in death of Queens doctor

    Read the rest of this article »

    Posted on 17th August 2018

    HSE ENFORCEMENT WEEKLY UPDATE 15th AUGUST 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 15th August 2018

    MAJOR CONTRACTOR FAILED TO SUPERVISE LIFT

    Errors whilst lifting pre-cast concrete blocks fined £600,000

    Read the rest of this article »

    Posted on 14th August 2018

    FIRM FINED £400,000 OVER VIBRATING TOOLS RISK

    Hand-held orbital sanders, rivet guns, grinders and drills caused harm

    Read the rest of this article »

    Posted on 14th August 2018

    OVERHEAD POWER AND EARTHING OF SCAFFOLDS

    NASC combines updates advice on scaffold electrical risks

    Read the rest of this article »

    Posted on 9th August 2018

    REVERSING VEHICLE CLAIMED LIFE OF ‘BANKSMAN’

    Workman trapped whilst assisting colleague in reversing lorry

    Read the rest of this article »

    Posted on 7th August 2018

    TWO WORKMEN DIED IN SPRAY BOOTH EXPLOSION

    Flammable vapour ignited by ignition sources present at the scene

    Read the rest of this article »

    Posted on 6th August 2018

    SOLAR SPECIALIST FAILED TO PLAN FOR SAFETY

    Fragile roof failed under weight of solar installation worker

    Read the rest of this article »

    Posted on 6th August 2018

    DIRECTOR AND COMPANY FINED FOR SAFETY BREACHES

    Basic work at height risks and welfare requirements ignored

    Read the rest of this article »

    Posted on 6th August 2018

    REFURB PROJECT REQUIRED ASBESTOS ASSESSMENT

    Property management firm fined over lack of asbestos survey

    Read the rest of this article »

    Posted on 6th August 2018

    CLIENT FAILED MANAGEMENT ARRANGEMENTS TEST

    Homes developer prosecuted for breaching CDM 2015 client duties

    Read the rest of this article »

    Posted on 6th August 2018

    JAIL TERM FOR DEVELOPER AFTER BUILDING COLLAPSE

    Inexperienced workers demolished structure without Principal Contractor

    Read the rest of this article »

    Posted on 6th August 2018

    CDM 2015 DUTYHOLDERS IGNORED HSE ADVICE

    Contractor, client and director convicted after dangerous site conditions

    Read the rest of this article »

    Posted on 6th August 2018

    MASSIVE FINE OVER USE OF UNSAFE GAS FITTINGS

    College gas installation contractor exposed after multiple gas leaks

    Read the rest of this article »

    Posted on 17th July 2018

    TEMP WORKS DESIGNED BY MANAGER AND UNCHECKED

    Collapse of platform highlighted failure in temporary works management

    Read the rest of this article »

    Posted on 17th July 2018

    RAISING SAFETY STANDARDS FOR CRANE LIFTING OPS

    Major crane seminar seeks to raise standards and share best practice

    Read the rest of this article »

    Posted on 17th July 2018

    WORKMAN SURVIVES 6m FALL THROUGH ROOFLIGHT

    Unsecured boards provided to cover nearby fragile materials

    Read the rest of this article »

    Posted on 17th July 2018

    MAJOR FACILITIES FIRM FAILED ON FLAT ROOF SAFETY

    Site specific planning lacking and safety standards not monitored

    Read the rest of this article »

    Posted on 17th July 2018

    HSE ALERT: UNAUTHORISED ACCESS TO SCAFFOLDS

    hselogo1Regulator sets out new guidance to protect children and the public

    Read the rest of this article »

    Posted on 17th July 2018

    ASSUMING OTHERS WILL ACT IS NO DEFENCE

    Incomplete edge protection caused 8m fall from roof

    Read the rest of this article »

    Posted on 17th July 2018

    LEADING ROOFING SPECIALIST FOUND WANTING

    Risk to employees and the public after failure to meet required standard

    Read the rest of this article »

    Posted on 17th July 2018

    SCAFFOLDER DEVELOPMENT EMBRACED BY INDUSTRY

    CPD training attracts over 2500 scaffolders during first year of operation

    Read the rest of this article »

    Posted on 11th July 2018

    SECURITY PANELS FELL DESPITE EARLY WARNING

    Firm fined £1/4 million after worker crushed by falling fencing

    Read the rest of this article »

    Posted on 10th July 2018

    VEHICLE STRIKE TRIGGERED FALL OF ROOF TRUSSES

    Manufacturer failed to identify a suitable safe system of work

    Read the rest of this article »

    Posted on 10th July 2018

    INCIDENT: CHILD STRUCK BY FALLING OBJECT

    Wood falling from scaffold triggers arrest of two on construction site

    Read the rest of this article »

    Posted on 10th July 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic