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

DIRECTOR AND FOREMAN JAILED OVER FATAL FALL

Failure to act on HSE advice ended in gross negligence manslaughter

Two men have been sentenced after being found guilty of manslaughter in connection with the death of a construction worker in Brighton in October 2014.

Michael Holland, aged 69, a company director of Kings Road, Brighton, and Grant Oakes, aged 46, a site foreman of Elm Drive, Hove, had denied a charge each of gross negligence manslaughter in connection with the death of 55-year-old carpenter David Clark.

Mr Clark died after falling 14ft through a gap in the first floor of a building he was working on at Stanmer Park stables a month before. A jury found both men guilty after a three-week long trial at Lewes Crown Court on 8 June.

The Court heard that Holland and Oakes had been warned by HSE of dangers on the site a year before the death. The inspector visited unannounced in September 2013 and found “extremely poor standards” for work being carried out at height.

Nine month prison terms

Holland and Oakes appeared at Hove Crown Court on Friday 15 September 2017 and were each sentenced to nine months in prison. Holland was also have to pay £35,000 in costs and Oakes will pay £10,000.

At the start of the three-week long trial, Holland, owner and sole director of Hove-based Cherrywood Investments Ltd, pleaded guilty to an offence under the Health and Safety at Work Act 1974. In doing so he accepted that neglect on his part meant that persons on the site were exposed to risks to their health and safely when working at height. The company, Cherrywood Investments Ltd, also admitted a similar offence.

Oakes was also charged with an offence under the Health and Safety at Work Act 1974. He was accused of failing to take suitable measures to prevent, as far as possible, any person working on the site, falling a distance liable to cause them personal injury. He had denied the offence but was found guilty.

Holland admitted a charge of consenting or conniving in a failure to discharge a duty under section 3 of the Health and Safety at Work Act 1974 due to neglect. Holland’s Hove-based company, formerly called Cherrywood Investments Ltd, also admitted a charge of failure to discharge a duty contrary to section 33 of the Health and Safety at Work Act 1974 – namely failed to ensure that persons not in their employment were not exposed to risks to their health and safety when working at height.

Mr Clark’s fiance Beverley Clark said:

“The only good that can come out of all this, is if it stops even one single company from cutting corners to earn a few extra pounds in profit.

It should make individual people stop and think, “No I’m not taking that risk, not even if it means losing my job” because you can get another job. You cannot get another life.”

Detective Inspector Mick Jones said:

“I hope that these convictions send a strong message to those within the construction industry that the safety of those working on sites should be of paramount importance. Where this is not the case, the Health and Safety Executive and police will tenaciously pursue them and bring them to justice.”

Latest Construction Health and Safety News

DOING SAFETY DIFFERENTLY – THE MOVIE…

Reducing compliance bureaucracy and putting trusting in people

Read the rest of this article »

Posted on 13th October 2017

WORKMAN FELL FROM EDGE OF UNGUARDED OPENING

Firm fined £95,000 over failure to assess and protect workers at height

Read the rest of this article »

Posted on 13th October 2017

FITTERS FINGERS SEVERED BY UNGUARDED TABLE SAW

Compensation order for injured workman takes precedence over fine

Read the rest of this article »

Posted on 13th October 2017

HSE ENFORCEMENT WEEKLY UPDATE 11th OCT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 11th October 2017

ROOF WORKER FRACTURED BACK IN FRAGILE FALL

Fragile wood wool slabs failed to support weight of workman

Read the rest of this article »

Posted on 11th October 2017

PRODUCTS: ELIMINATING HEALTH RISKS BY DESIGN

Innovative product eliminates key hazards for CDM 2015 designers

Read the rest of this article »

Posted on 11th October 2017

DRIVER DIED WHEN CRUSHED BETWEEN VEHICLES

Firm failed to follow industry guidance on coupling and uncoupling

Read the rest of this article »

Posted on 10th October 2017

WORKER LOSES HANDS AND FEET IN POWER LINE STRIKE

Director handed prison term over unsafe scaffolding operation

Read the rest of this article »

Posted on 6th October 2017

INDUSTRY FORUM CONSIDERS DUMPER HAZARDS

CPA and CECA plan new guidance on Forward Tipping Dumpers

Read the rest of this article »

Posted on 6th October 2017

HSE ENFORCEMENT WEEKLY UPDATE 4th OCT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 5th October 2017

INCIDENT: UNDERGROUND CABLE STRIKE

Three treated for burns after power cable struck in London

Read the rest of this article »

Posted on 5th October 2017

COUNCIL FAILED TO IMPLEMENT STATED HAVS POLICY

Fined £150k over failure to control and monitor hand-arm vibration hazard

Read the rest of this article »

Posted on 5th October 2017

PROJECT MANAGER FINED OVER FAILURE TO MANAGE

Principal Contractor prosecuted alongside responsible manager

Read the rest of this article »

Posted on 3rd October 2017

HSE CONSTRUCTION BLITZ GOES LIVE ON HEALTH RISKS

hselogo1Second phase of campaign looks for compliance on dust management

Read the rest of this article »

Posted on 2nd October 2017

UPDATE OF ALL HSE ASBESTOS ESSENTIALS GUIDANCE

HSE publish fresh guidance for Non-Licensed work with asbestos

Read the rest of this article »

Posted on 27th September 2017

HSE FINALISES PRIORITIES ON HEALTH AND CDM

Clients and designers need to act on lung disease and other health risks

Read the rest of this article »

Posted on 27th September 2017

HSE ENFORCEMENT WEEKLY UPDATE 27th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 27th September 2017

SCAFFOLD INSPECTORS ISSUED FALSIFIED CERTIFICATES

Prosecution for two after workman fell from illegitimately signed off scaffold

Read the rest of this article »

Posted on 25th September 2017

REVERSING EXCAVATOR CRUSHED WORKMAN

Lack of management system to segregate pedestrians and vehicles

Read the rest of this article »

Posted on 21st September 2017

CLIENT FINED £2.5 MILLION AFTER CONTRACTOR DEATH

Fatal fall through roof leaves client responsible for massive fine

Read the rest of this article »

Posted on 21st September 2017

HSE ENFORCEMENT WEEKLY UPDATE 20th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 20th September 2017

NEW EDGE PROTECTION INSTALLATION TRAINING

Trade body launches CSCS backed edge protection installer qualification

Read the rest of this article »

Posted on 18th September 2017

GOVERNMENT CALLS FOR ACTION ON ILL-HEALTH

Business leaders accept charge of inaction on work-related ill-health

Read the rest of this article »

Posted on 18th September 2017

FIRM FAILED TO ENFORCE FORK LIFT SEAT BELT USE

Operator suffered fatal crush injuries after FLT overturned

Read the rest of this article »

Posted on 18th September 2017

DIRECTOR AND FOREMAN JAILED OVER FATAL FALL

Failure to act on HSE advice ended in gross negligence manslaughter

Read the rest of this article »

Posted on 18th September 2017
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access