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

MAJOR PLAYER INACTION ON MANAGEMENT FAILINGS

Concrete firm director ignored warnings prior to fatal fall

Carillion Construction Ltd, Febray Ltd and Michael Febrey director of the concrete structures company have been prosecuted after a scaffolder died when he fell whilst dismantling a scaffold platform on a major Swansea construction project in 2008. 

Swansea Crown Court heard (13 May 2013) that Russell Samuel, aged 40, was dismantling a scaffold ladder access platform ahead of the installation of a roof and staircase on the fourth floor when he fell some 19m narrowly missing a carpenter working below. He suffered multiple injuries, including a fractured skull and died two days later in hospital.

HSE investigators found regarding Febrey Ltd:

  • inadequate and ineffective health and safety management arrangements with little or no communication, information and instruction provided to its workforce;
  • a management team on site that was inadequately trained in health and safety, despite repeated warnings by health and safety consultants; and
  • persistent and systematic failures to control risks at the site.

HSE investigators found that Carillion Construction Ltd

  • failed to ensure the safety of its employees and those under its control; and
  • as principal contractor was made aware of and had detected many failings in the safety management of Febrey Ltd but failed to gain improvement from the company.

Michael Febrey was aware of the failings within his company – his workforce had raised concerns about the site – but failed to take responsibility for the company failings which allowed this culture to continue.

Judge stresses that words are no substitute for effective action

Carillion Construction Ltd of Wolverhampton, pleaded guilty to breaching HSW Act Section 2(1) and Section 3(1) and was fined £130,000 and ordered to pay £52,500 in costs in an earlier hearing.

Febrey Ltd, of Bristol which when into liquidation shortly after the incident admitted breaching HSW Act Section 2(1) and Section 3(1). His Honour Judge Thomas said he fined the company a token amount of £85 which would have been in the region of £250,000 if the company were solvent.

Michael Febrey of Bristol pleaded guilty to breaching HSW Act by virtue of Section 37(1) and was fined £20,000 and ordered to pay £5,000 in costs.

Speaking after the hearing, HSE Inspector Anne Marie Orrells said:

“I echo the sentencing remarks made by Judge Thomas, that: ‘…there was a lack of proper and adequate expertise, training and direct responsibility for matters of health and safety. The personnel, the time, the resources and the will were all lacking to address the reoccurring problems of people working unsafely at height as necessary.

Disregard for basic safety measures were left unchallenged. No one took ownership of the issue. In such an atmosphere, not only the inexperienced and the vulnerable, but the experienced like Mr Samuel, can become sloppy and complacent. It was against that background and in that culture that the accident happened.

This culture was allowed to continue without proper managerial intervention and for that reason Mr Febrey, as the managing director, must bear a portion of direct responsibility. There was a void in the company’s organisation, which Mr Febrey must have recognised, but did not rectify.'”

Inspector Orrells added:

“Carillion Ltd. had a duty to plan, manage and monitor the work. Febrey’s failing were all too apparent, moreover Carillion were aware of it.

Judge Thomas said: ‘Ultimately, what they did not do was stop it – they did not do enough, they did not achieve the desired necessary result. Nagging and warning are one thing – positive, effective action is another.

Carillion should have taken robust steps to remedy a situation which they were perfectly aware of.’

Latest Construction Health and Safety News

NEW ISO 45001 MANAGEMENT STANDARD IMMINENT

Standard capable of replacing OHSAS 18001 with relative ease

Read the rest of this article »

Posted on 20th February 2018

APPEAL COURT RULES ON LEGAL PRIVILEGE CASE

Decision may prompt further caution during internal investigations

Read the rest of this article »

Posted on 20th February 2018

TIPPER TRUCK STRUCK PEDESTRIAN ON SITE ROAD

Contractor fined £500,000 over poor traffic management arrangements

Read the rest of this article »

Posted on 16th February 2018

FALLING SCAFFOLD CLIP STRUCK PASSER-BY

Firm failed to follow risk assessment and method statement

Read the rest of this article »

Posted on 16th February 2018

HSE ENFORCEMENT WEEKLY UPDATE 14th FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 16th February 2018

HOMES FIRM FINED £1/2M OVER DUMPER DEATH

Developer and contractor failed to manage people and plant interface

Read the rest of this article »

Posted on 14th February 2018

SUPREME COURT RULES ON HSE ENFORCEMENT NOTICES

Post service evidence can be used to support HSE notice appeals

Read the rest of this article »

Posted on 9th February 2018

SAFE INSTALLATION OF PRE-CAST FLOORING

Code of Practice for health and safety updated by industry federation

Read the rest of this article »

Posted on 8th February 2018

HSE ENFORCEMENT WEEKLY UPDATE 8th FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 8th February 2018

MANUAL HANDLING MUST INVOLVE ‘REAL RISK’

Court provides clarity on manual handling risk assessment rules

Read the rest of this article »

Posted on 7th February 2018

SKIP LORRY DRIVER FATALLY INJURED BY LOADER

Hire company fined after lorry driver crushed between two vehicles

Read the rest of this article »

Posted on 5th February 2018

PUBLIC RISK COSTS CONTRACTOR DEARLY

Principal Contractor failed to assess and supervise work

Read the rest of this article »

Posted on 5th February 2018

TUBES FELL WHILST LIFTING OVER PERSONS BELOW

Lifting operations were not carried out in safe manner

Read the rest of this article »

Posted on 2nd February 2018

‘DAREDEVIL’ SCAFFOLDER LANDS IN DOCK

Former HSE Inspector snaps dangerous working practices at 60 feet

Read the rest of this article »

Posted on 2nd February 2018

HSE ENFORCEMENT WEEKLY UPDATE 1st FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 1st February 2018

DIDCOT FATAL COLLAPSE: INVESTIGATION UPDATE

Police and HSE still seeking to understand why boiler house collapsed

Read the rest of this article »

Posted on 1st February 2018

SCAFFOLDER TRAINING REACHES NEW HEIGHTS

CISRS training card renewal by CPD embraced by scaffolders

Read the rest of this article »

Posted on 30th January 2018

HSE SUMMARY OF CONSTRUCTION SECTOR HARM

Infographic provides insight into industry priority hazards

Read the rest of this article »

Posted on 29th January 2018

FIRM FAILED TO IMPLEMENT AGREED CONTROLS

Risk assessment carried out but precautions not taken

Read the rest of this article »

Posted on 29th January 2018

HSE MUSCULOSKELETAL DISORDERS SUMMIT 2018

hselogo1Regulator focuses on MSDs in construction and others sectors

Read the rest of this article »

Posted on 28th January 2018

LOAD FELL FROM MAGNET AND STRUCK WORKMAN

Firm failed to properly assess and revise crane safe working load

Read the rest of this article »

Posted on 25th January 2018

RAISING THE BAR ON LIFTING OPERATIONS SKILLS

New ‘Lifting Technician Trailblazer Apprenticeship’ ready for delivery

Read the rest of this article »

Posted on 24th January 2018

HSE ENFORCEMENT WEEKLY UPDATE 24th JAN 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 24th January 2018

SCAFFOLDING FIRM FINED OVER UNSAFE LOADING

Bin of scaffold fittings lifted by crane struck scaffolder

Read the rest of this article »

Posted on 24th January 2018

FATAL FALL FROM EDGE OF INDUSTRIAL ROOF

Suitable protection missing during installation of roof sheets

Read the rest of this article »

Posted on 23rd January 2018
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access