Fragile rooflight death brings fines for contractor, client and director

In another tragic indication of the imperative role played by health and safety consultants London, prosecutions have been brought against cardboard box manufacturer Garthwest Ltd, contractor Cavill Property Maintenance Ltd and Cavill director Shaun Cavill in relation to the death of a building maintenance worker, QS Associates (http://www.qsassociates.co.uk) reports.

The prosecutions arose due to joint safety failings that resulted in father of five, Kevin Jackson plummeting more than 8m to his death through a fragile rooflight while cleaning gutters on the roof of the Garside factory in Humberside in October 2009. Hull Crown Court heard that a crash was heard by his colleague, who turned to see Kevin falling to the concrete floor through the fragile rooflight.

Neither safety equipment nor other protective measures were offered to the men, as would be insisted upon by any reputable CDM coordinator London. Having prohibited continued work at height at the site, HSE uncovered various serious safety failings in its subsequent investigation. These included an absence of edge protection on the roof, ‘crash decks’ for reducing the distance of any fall or boards or staging for workers to stand on so that they did not venture on to a fragile surface.

Nor were risk assessment requirements carried out, as are an integral part of a good CDM support package. There were also no instructions provided on how work could be safely carried out, and neither man had received training on safe working at height.

Cavill Property Maintenance Ltd received a £65,000 fine, having pleaded guilty to breaching HSW Act Section 3(1). Garthwest Ltd was handed a £50,000 with £19,300 costs, after its admission of having breached Section 3(1) of the same Act. Also pleading guilty of breaching the same Act was Shaun Cavill, on account of his negligence as an individual director, resulting in a £25,000 fine.

After the hearing, HSE Inspector Mark Walsh commented: “All three parties in this case have contributed to the tragic loss of life of a loving husband, father and grandfather. It was an incident that was wholly preventable if obvious and sensible controls and safeguards had been put in place.

“Unsafe work at height on fragile roofs is a regular occurrence within many industries and is a major cause of death and serious injury.  HSE will not hesitate to bring legal action against companies and individuals who fall so dangerously below accepted safety standards.”

The news shows the continuing issue of fall from height deaths in the construction and building maintenance industries as a result of the failure to implement the right safety measures for work on or near fragile materials. HSE has recently released updated guidance on how clients should control the risk in compliance with their CDM 2007 and HSW Act Section 3 duties.

Contact QS Associates (http://www.qsassociates.co.uk) now for suitably tailored advice on complying with CDM regulations London.

Editor’s Note: QS Associates (http://www.qsassociates.co.uk) is represented by the search engine advertising and digital marketing specialists Jumping Spider Media. Please direct all press queries to Louise Byrne. Email: louise@jumpingspidermedia.co.uk or call: +44 (0)20 3070 1959 / +34 952 783 637.