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

FIRMS FINED £2M OVER FALLING PIPE FATALITY

Incorrect stacking of pipes triggered fall and crushing of workman

Read the rest of this article »

Posted on 20th April 2018

DOMESTIC PROJECT PC HANDED JAIL TERM

Workman fell from unprotected roof edge on dormer extension

Read the rest of this article »

Posted on 20th April 2018

MAJOR CONTRACTOR ERRED ON FRAGILE ROOF RISK

Firms fine £965,000 after painter fell through waiting room roof

Read the rest of this article »

Posted on 19th April 2018

HSE ENFORCEMENT UPDATE 19th APRIL 2018

hselogo1Prosecutions and enforcement notices update and analysis

Read the rest of this article »

Posted on 19th April 2018

STRUCTURAL SAFETY BODY LATEST NEWSLETTER

CROSS publishes reports and expert comment on a range of issues

Read the rest of this article »

Posted on 18th April 2018

NEW BIM SPEC FOR SHARING H&S INFORMATION

Specification for sharing health and safety info during construction projects

Read the rest of this article »

Posted on 17th April 2018

MANAGERS FORGED ASBESTOS DOCUMENTATION

Removal licence obtained using fake training and medical certificates

Read the rest of this article »

Posted on 17th April 2018

FINE OVER INCORRECT AND MISLEADING SURVEY

Specialist asbestos company failed to detect AIB on demolition project

Read the rest of this article »

Posted on 17th April 2018

IGNORING HSE ADVICE PENALISED BY LARGE FINE

Contractor fined over £50k for persistent WAH and welfare failings

Read the rest of this article »

Posted on 17th April 2018

PRISON OVER BASEMENT EXCAVATION AND COLLAPSE

Building contractor jailed after house collapsed in Brighton

Read the rest of this article »

Posted on 17th April 2018

DEFEATING POWER INTERLOCK CAUSED FLASHOVER

Systems for managing electrical safety found to be inadequate

Read the rest of this article »

Posted on 17th April 2018

LADDER SAFETY FAILURES ATTRACT MASSIVE FINE

National window firm left workers to ‘own devices’

Read the rest of this article »

Posted on 12th April 2018

FALLING MATERIAL STRUCK WORKMAN IN EXCAVATION

Risks of working in and near excavations highlighted by incident

Read the rest of this article »

Posted on 4th April 2018

HSE ENFORCEMENT WEEKLY UPDATE 4th APRIL 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 4th April 2018

HOUSING ASSOCIATION FAILED ON VIBRATION RISK

Assessment, management and health surveillance all found wanting

Read the rest of this article »

Posted on 3rd April 2018

OCCUPIER AND CONTRACTOR FINED OVER FALL

Employee assisting contractor fell through roof during re-roofing project

Read the rest of this article »

Posted on 3rd April 2018

HSE FEARFUL OF GROWING ’BLUE TAPE’ BURDEN

hselogo1ISO 45001 could generate fresh business to business demands

Read the rest of this article »

Posted on 3rd April 2018

HSE ENFORCEMENT WEEKLY UPDATE 21st MAR 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 28th March 2018

INCIDENTS: PASSER-BY STRUCK BY BRICKS

Pack of bricks appear to have fallen from crane

Read the rest of this article »

Posted on 28th March 2018

HSE RECONSIDER HOW TO INFLUENCE SMALLER FIRMS

hselogo1Regulator advice and messages are failing to chime with the SME businesses

Read the rest of this article »

Posted on 27th March 2018

DANGEROUS REMOVAL OF ASBESTOS CEMENT

Workers smashed asbestos sheets with crowbars whilst at risk of falling

Read the rest of this article »

Posted on 27th March 2018

HSE LAUNCH CONIAN SHARING AND SUPPORT PLATFORM

hselogo1New HSE web community now open to the public

Read the rest of this article »

Posted on 27th March 2018

FIRM FAILING ON HAVS SURVEILLANCE FINED £50,000

Door manufacturer failed to manage sanding and buffing tool vibration

Read the rest of this article »

Posted on 27th March 2018

PRE-CAST FIRM FINED OVER FINGER AMPUTATION

Lack of guarding and training triggered table saw injury

Read the rest of this article »

Posted on 26th March 2018

HSE STRIKE BEFORE A FALL ON SOLAR PANEL PROJECT

Director and company pay price for lack of fall prevention precautions

Read the rest of this article »

Posted on 26th March 2018
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access