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

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

SOLE TRADER PRISON SENTENCE OVER ROOF FALL

Fall through fragile rooflight caused by poor planning and assessment

Read the rest of this article »

Posted on 24th November 2017

MAJOR SUPPLIER FINED £1.2M OVER DRIVER DEATH

Delivery driver crushed by overloaded FLT at supplier factory premises

Read the rest of this article »

Posted on 23rd November 2017

SOLAR PANEL BOSS SENTENCED WITH COMPANY

Director and company given hefty sentences over worker fall

Read the rest of this article »

Posted on 22nd November 2017

BUSINESS LEFT LEGIONELLA RISK UNCONTROLLED

Effective management arrangements missing for tunnel wash

Read the rest of this article »

Posted on 22nd November 2017

HSE ENFORCEMENT WEEKLY UPDATE 22nd NOV 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 22nd November 2017

PRICE RISES FOR THOSE IGNORING HSE NOTICES

Contractor given jail term after scaffolding prohibition issued

Read the rest of this article »

Posted on 22nd November 2017

UPDATED GUIDANCE ON EXCAVATORS USED AS CRANES

Plant Forum stresses excavators should not be ‘first choice’ for lifting

Read the rest of this article »

Posted on 22nd November 2017

LORRY SHEETING ARRANGEMENTS PROVED FATAL

Driver fell 4m to death during unsafe un-sheeting of lorry

Read the rest of this article »

Posted on 16th November 2017

HSE ENFORCEMENT WEEKLY UPDATE 15th NOV 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 16th November 2017

NEW CPA GUIDANCE ON FORWARD TIPPING DUMPERS

Industry aims to help prevent overturns and collision with workers

Read the rest of this article »

Posted on 13th November 2017

DEMOLITION WORKER LOST BALANCE IN FATAL FALL

Lack of measures in place to prevent fall from mezzanine floor

Read the rest of this article »

Posted on 13th November 2017

GROUNDWORKER SET ON FIRE BY CABLE STRIKE

RAMS requirement for underground service checks not followed

Read the rest of this article »

Posted on 13th November 2017

HSE ENFORCEMENT WEEKLY UPDATE 8th NOV 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 9th November 2017

RARE SUPPLIER PROSECUTION OVER FATAL CRUSHING

Vehicle manufacturer design and unsafe user practice caused death

Read the rest of this article »

Posted on 9th November 2017

ASBESTOS SURVEY FAILED TO COVER ALL WORK AREAS

Utilities firm fined after electricians exposed to drilled asbestos

Read the rest of this article »

Posted on 8th November 2017

METAL GRID FELL FROM FLT DURING PAINTING

Steel fabricator could have used sling to safely suspend grids

Read the rest of this article »

Posted on 7th November 2017

DRIVER ESCAPES WITH LIFE AFTER POWER STRIKE

Director given suspended sentence over lorry 132kV line contact

Read the rest of this article »

Posted on 7th November 2017

SCAFFOLDER FELL ON TEMPORARY ROOF WORKS

Injured workman lacked training and fall arrest equipment

Read the rest of this article »

Posted on 7th November 2017

FALLING CONTROL PANEL CRUSHED WORKMAN

Planning lacking on how to safely move heavy electrical equipment

Read the rest of this article »

Posted on 7th November 2017

POWER DOOR INSTALLER JAILED FOR THREE YEARS

Falling electrically powered gate claimed life of resident

Read the rest of this article »

Posted on 3rd November 2017

HSE ENFORCEMENT WEEKLY UPDATE 2nd NOV 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 2nd November 2017

STEEL FIRM REMOVED BAND SAW SAFETY GUARD

Leg of worker crushed in the vice of an industrial band saw

Read the rest of this article »

Posted on 2nd November 2017

WORKMAN FELL AFTER RAIL REMOVED FOR ACCESS

Small builder failed to allow for missing guard-rail

Read the rest of this article »

Posted on 2nd November 2017

FINES RISE RAPIDLY ALONGSIDE HARM TO HEALTH

hselogo1HSE confirm lowest number of construction fatalities on record

Read the rest of this article »

Posted on 2nd November 2017

HSE ENFORCEMENT WEEKLY UPDATE OCT 25th 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 25th October 2017
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access