One Firm Fined, Another Ducks 'Justice'

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• One Firm Fined, Another Ducks 'Justice'

24 July 2015 | Updated 01 January 1970

Sir Robert McAlpine Ltd has pleaded guilty to breaching Section 3 (1) of HSWA 1974. It was fined £200,000 with £17, 790 costs. London Fenestration Trades of Cardiff pleaded guilty under Section 2 (1) HSWA 1974. However, as the firm is in liquidation the court could only notionally fine it £200,000 with £17,790 costs.

Philip Evans was working for specialist construction company London Fenestration Trades Ltd, which was contracted by principal contractor, Sir Robert McAlpine to undertake remedial repair works to a glass façade above an entrance to a department store in Princess Hay, Exeter on 9th November 2011.

While a colleague worked on a higher part of the curtain wall from a mobile working platform, Mr Evans worked from the glass canopy to attach the lower fixings. During the course of this work, he walked along the canopy from right to left and fell through an opening above the Bedford Street entrance of the Debenhams store.

During the Health and Safety Executive prosecution, Exeter Crown Court heard the opening had been created during previous maintenance works when a pane of glass was removed from the canopy and had not been replaced.

Married Mr Evans, from Penarth, South Glamorgan fell approximately 4.5metres through the canopy on to the granite setts below. He received serious injuries as a result of the fall and died later in hospital.

The subsequent HSE investigation found the mobile platform provided was inadequate for the work being carried out. The glass canopy on which Mr Evans was working was not a safe working platform as there was no edge protection and there was the large opening through which he subsequently fell. The court was also told neither of the two workers should have left the safety of the working platform basket.

HSE inspector Jonathan Harris said: “The risks associated with work at height are very well known and recognised in readily available guidance. Planning and effective coordination between contractors is a requirement of the relevant safety regulations. Without such planning and sufficient assessment of risk, it is foreseeable that working at height will expose operatives to risks to their safety.

“In this case Mr Evans was working from an unsafe position which exposed him to the potential of falling from the edge of the glass canopy as well as the opening through which he tragically fell.

Construction Company puts residents and public at risk

A construction company has been fined for safety failings that put workers, residents and the public at risk from falling debris and possible collapse of the building.

Merthyr Magistrates’ Court heard how, in March 2015, unsafe demolition work was carried out on buildings at the former St. Tydfil’s Hospital site in Merthyr Tydfil.

Merthyr Developments Limited, of Welling Way, Rhymney, were prosecuted by the Health and Safety Executive and fined a total of £12,000, and ordered to pay £1,494 in costs after pleading guilty to offences under Regulation 28(1), 29(1), and 29(2) of the Construction (Design and Management) Regulations 2007.

Picture: The gap in the glass canopy can clearly be seen

Article written by Brian Shillibeer | Published 24 July 2015

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