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SITE MANAGER FACES MASSIVE PROSECUTION COSTS

Court orders construction manager to pay £77k towards HSE costs

It has been reported by the Skegness Standard that a construction site manager has been ordered to pay £77,500 in costs after he was prosecuted by HSE following the death of a bricklayer who fell from scaffolding on a housing development in 2010.

Chestnut Homes Ltd and site manager Peter Tute were sentenced in September 2013 after admitting breaching health and safety legislation. The company was fined £40,000 and 49-year-old Tute of Lincoln was given 240 hours unpaid work.

Judge Michael Heath sitting at Lincoln Crown Court has now ruled that the £155,000 costs of the prosecution should be shared equally by the company and Tute. The judge gave each of them 28 days to pay.

Failed to give the two men any instructions

The Standard reports that at the original hearing Timothy Green, prosecuting for the HSE, said Mr Tute asked the deceased workman and a colleague to build a scaffolding platform when he should have used competent scaffolding contractors.

Mr Green told the court Mr Tute failed to give the two men any instructions or ask if they had any experience building scaffolding, adding:

“He relied on them to do their best. They did their best but it wasn’t good enough as the death of Mr Gillman demonstrated. It was literally an accident waiting to happen.

We do not know exactly the physical cause of him going over the edge. He may simply have forgotten he had gone near the edge of his platform. If a guard rail had been present then he would not have gone off the edge, but it wasn’t. He fell and was crushed to death with the bricks landing on him.”

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