Construction company and directors fined after death

Jul 27, 2010

A Brighton-based construction company and two of its directors have been fined a total of £75,000 following the death of a member of the public at one of its building sites.

The Health and Safety Executive (HSE) prosecuted the construction company for breaching section 3(1) of the Health and Safety at Work etc Act 1974. The company pleaded guilty and was fined £30,000 and ordered to pay costs of £6,500.

Two of the company's directors, also faced legal action over health and safety breaches at the Brighton site.

One Director, who was also the client for the project, pleaded guilty to breaching the Construction (Design and Management) Regulations 2007. He was fined £15,000 and ordered to pay costs of £3,465.

The other Director was fined £30,000 and ordered to pay costs of £6,500 after pleading guilty to breaching the Health and Safety at Work etc Act 1974. He was also disqualified as a director for five years.

Lewes Crown Court heard how in June 2008, a man(24), had been out socialising when in the early hours he wandered onto the construction site.

The Brighton based Construction Company was refurbishing a large semi-detached house and turning it into five flats. The site wasn't properly secured, and the victim was able to enter the work area. He tripped over an unprotected edge and fell 2.4m into a basement courtyard. He was found dead later in the morning.

Following the hearing, HSE Inspector Denis Bodger said:
"Unmanned construction sites should be properly secured such that people and especially children cannot unknowingly wander into places of danger. The victim should never have been able to enter the site where there were unprotected edges.

"Falls are the largest single cause of fatal accidents and serious injuries on construction sites. Sites can be easily and cheaply secured by providing suitable fencing or hoarding, using lockable gates and providing clear signage. Had the company and its directors taken these simple precautions this man's tragic death could have been avoided.

"The HSE is calling upon building contractors and those clients having building work undertaken for them to ensure they are familiar with the law and implement the requirements of industry recognised safe practice before work starts. The directors of small companies need to understand that they can find themselves disqualified as well as fined."

Connaught’s specialist team of construction health and safety consultants, offer practical solutions and risk control strategies, in this high risk sector. Further details can be found at: www.health-and-safety-management.co.uk