• Total Access Total Access Ethentic Ethentic
    Higher Safety Higher Safety Chipmunk Data Chipmunk Data

    CLIENT HELD TO ACCOUNT FOR CONTRACTOR FATALITY

    Contractor, client and director fined over fragile rooflight death

    Major cardboard box manufacturer, Garthwest Ltd and contractor, Cavill Property Maintenance Ltd, have been prosecuted for joint safety failings relating to the death of a building maintenance worker. Shaun Cavill, a director of Cavill, was also prosecuted.

    Father of five, Kevin Jackson, fell more 8m through a fragile rooflight whilst gutter cleaning at the Garside factory on Humberside in October 2009.  Hull Crown Court heard (18 December) Kevin was cleaning the factory roof gutters when his colleague heard a crash and turned to see Kevin fall through a fragile rooflight to the concrete floor below.

    The men were not provided with safety equipment or protection measures to reduce the risk of falling. HSE prohibited further work at height on the site and subsequent investigation found a series of serious safety failings:

    • Boards or staging etc – not used to work from to prevent workers stepping on to a fragile surface;
    • ‘Crash decks’ etc – not provided to reduce the distance of any fall;
    • Risk assessment – requirements were not carried out;
    • Edge protection – not provided on the roof;
    • Instructions – not provided on how to carry out the work safely;

    In addition, neither man had been trained to work safely at height.

    Client failed to assess competence, check and supervise work

    Cavill Property Maintenance Ltd pleaded guilty to breaching HSW Act Section 3(1) and was fined £65,000. Garthwest Ltd was fined £50,000 with costs of £19,300 after also admitting breaching Section 3(1) of the same Act. Shaun Cavill, pleaded guilty to breaching the same Act by virtue of his negligence as an individual director. He was fined £25,000.

    After the hearing, HSE Inspector Mark Welsh said:

    “All three parties in this case have contributed to the tragic loss of life of a loving husband, father and grandfather. It was an incident that was wholly preventable if obvious and sensible controls and safeguards had been put in place.

    Cavill Property Maintenance Ltd should have had safe working practices and provided safety equipment to ensure the workers were not put at risk, but the firm neglected its duty of care. Shaun Cavill took on the contract for the work and it was his responsibility to ensure his company put safety measures in place.

    Garthwest Ltd, where the incident happened, should have followed their own safety procedures but did not do so. They failed to assess the competency of the company they hired and didn’t ask for their risk assessment. Nor did they supervise the work or carry out any checks on what safety equipment was being used – which was none.

    Unsafe work at height on fragile roofs is a regular occurrence within many industries and is a major cause of death and serious injury. HSE will not hesitate to bring legal action against companies and individuals who fall so dangerously below accepted safety standards.”

    Comment

    Work on or near fragile materials continues to be a prime cause of fall from height deaths in the construction and building maintenance sectors.

    HSE has recently published updated guidance explaining the actions which clients should take to control the risk and comply with their CDM 2007 and HSW Act Section 3 duties.

    We understand that HSE will be undertaking a UK wide intiative in 2013 to promote and enforce this new guidance.

    Latest Construction Health and Safety News

    HSE ENFORCEMENT WEEKLY UPDATE 13th JUNE 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 13th June 2018

    DIRECTOR FAILED COMPLY WITH HSE PROHIBITION

    Precautions not taken to prevent excavation collapse and falling

    Read the rest of this article »

    Posted on 11th June 2018

    SCAFFOLD NOT TO INDUSTRY STANDARD OR DESIGN

    Specialist and contractor in court over unsafe work at height

    Read the rest of this article »

    Posted on 7th June 2018

    ROAD WORKER RUN OVER BY ROAD ROLLER

    Reversing alarm not working and warning light not fitted

    Read the rest of this article »

    Posted on 5th June 2018

    CLIENT AND SURVEYOR FINED OVER ASBESTOS SURVEY

    Refurbishment and demolition asbestos survey proved inadequate

    Read the rest of this article »

    Posted on 5th June 2018

    FATALITY: ROAD WORKER DRAGGED ALONG ROAD

    Night shift worker loses life when struck by road sweeping vehicle

    Read the rest of this article »

    Posted on 3rd June 2018

    CDM PRINCIPAL DESIGNERS AVOID HSE ENFORCEMENT

    Regulator enforcement database reveals few notices involve CDM PDs

    Read the rest of this article »

    Posted on 3rd June 2018

    PROPERTY MANAGERS FINED WITH CONTRACTOR

    Defendants failed to check for asbestos during soffit replacement works

    Read the rest of this article »

    Posted on 29th May 2018

    EXCAVATION CAUSED RETAINING WALL COLLAPSE

    Precautions not taken to secure stability of free-standing wall

    Read the rest of this article »

    Posted on 29th May 2018

    OVERHEAD CABLE STRIKE FIRM FINED £500,000+

    Inadequate system caused risk of harm despite lack of worker injury

    Read the rest of this article »

    Posted on 29th May 2018

    CDM 2015 PRINCIPAL DESIGNER FINED OVER FIRE RISK

    PD and PC failed to comply with CDM 2015 responsibilities

    Read the rest of this article »

    Posted on 23rd May 2018

    SENTENCING GUIDELINES UNDER THE MICROSCOPE

    Lawyer argues guidelines undermine reduction in ‘regulatory burden’

    Read the rest of this article »

    Posted on 23rd May 2018

    PANEL STRUCK WORKMAN DURING LIFTING OPERATION

    Third party contractor falls victim of poor lift planning

    Read the rest of this article »

    Posted on 21st May 2018

    DIRECTOR LED HAZARDOUS WORK AT HEIGHT

    Three occasions when work lacked suitable and sufficient precautions

    Read the rest of this article »

    Posted on 21st May 2018

    RISK ASSESSED BUT CONTROLS FOUND WANTING

    Joiner fell through unprotected opening on roof of new building

    Read the rest of this article »

    Posted on 21st May 2018

    RIBA CRITICAL OF HACKITT REVIEW FINAL REPORT

    High rise residential review dismissed as “major missed opportunity”

    Read the rest of this article »

    Posted on 21st May 2018

    CONSTRUCTION SECTOR DEATHS: THE ‘BIG THREE’

    HSE in-year fatalities for 2017/18 may indicate upward trend

    Read the rest of this article »

    Posted on 16th May 2018

    SCAFFOLDING SITE ACCIDENTS AT RECORD LOW

    NASC Annual Report reveals all time low in 2017 incidents

    Read the rest of this article »

    Posted on 14th May 2018

    DUMPER TRUCK HAND-BRAKE NOT MAINTAINED

    Workman injured when pinned against stack of concrete blocks

    Read the rest of this article »

    Posted on 14th May 2018

    SPARE POWER INTERLOCK KEY CAUSED DEATH

    Dangerous machinery safety precautions defeated for maintenance tasks

    Read the rest of this article »

    Posted on 10th May 2018

    COLLAPSED CAR PARK WAS UNDER REPAIR

    Rusted steel supports triggered collapse of fascia and floor

    Read the rest of this article »

    Posted on 8th May 2018

    DUMPER OVERTURN CAUSED FATAL INJURIES

    Precautions during spoil heap creation were inadequate

    Read the rest of this article »

    Posted on 8th May 2018

    HARDWOOD DUST CONTROL NOT MAINTAINED

    Manufacturer failed to examine and test local extraction system

    Read the rest of this article »

    Posted on 8th May 2018

    SCAFFOLD CONTRACTOR OVERLOOKED MAJOR HAZARD

    Well-known risk unidentified during scaffold erection project

    Read the rest of this article »

    Posted on 8th May 2018

    THREE FIRMS FINED £1/2M FOR FRAGILE RISK FAILURES

    Fall through rooflight hazard poorly planned and managed

    Read the rest of this article »

    Posted on 2nd May 2018
    Total Access Total Access Ethentic Ethentic
    Higher Safety Higher Safety Chipmunk Data Chipmunk Data