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Monday, 22 March 2010
Directors prosecuted over ladder fall
Two directors of a decorating firm have been prosecuted after a worker was left brain damaged while working at a residential refurbishment.
Self-employed Trevor Dawson from Ravensthorpe, West Yorkshire, was working as a painter on a student accommodation refurbishment when the incident happened 15 August 2007.
Huddersfield Magistrates' Court heard Mr Dawson, 58, was working at Ashenhurst Student Village in Newsom when he apparently fell from a ladder, though no witnesses could confirm this.
The Health and Safety Executive (HSE) yesterday (16 March) prosecuted, Liversedge Decorating Contractors Ltd, two of its directors, and a second company Foster Turn-Key Contracts Ltd for health and safety breaches.
The HSE investigation found principal contractor Foster Turn-Key Contracts Ltd and Liversedge Decorating Contractors Ltd, contracted to decorate the flats, had allowed work to be carried out that was not adequately planned or supervised and had used inappropriate equipment.
Liversedge Decorating Contractors Ltd of Mountain Road, Thornhill, Dewsbury, pleaded guilty to breaching regulation 4 (1) of the Work at Height Regulations 2005, and were fined £2,000. Paul Daniel of Smithy Carr Lane, Brighouse, and Clive Dewhirst of Mountain Road, Thornhill, Dewsbury, both directors of the firm, also pleaded guilty to the same charge. They were fined £1,000 each.
Foster Turn-Key Contractors of Plover Road, Lindley, Huddersfield, pleaded guilty to breaching Regulation 22 (1) of the Construction (Design and Management) Regulations 2007. They were fined £2,000.
Mr Dawson is unable to recall any details of the incident because of his injuries sustained to his head.
After the hearing HSE Inspector David Stewart said:
"The ladder Trevor Dawson used, which we believe may have caused or contributed to his fall, was simply not suitable for the work he was doing. It was a domestic step ladder which should not have been allowed on the site.
"In this situation, a tower scaffold would have been much more appropriate.
"Falls from height remain the single most common cause of fatality and serious injury in the construction industry. The law is quite clear and HSE provides freely-available guidance on how work at height should be managed.
"In this instance, individual directors of a company were found guilty for not planning and supervising the work properly. This case should send a clear message to company directors about their responsibilities for health and safety."
Self-employed Trevor Dawson from Ravensthorpe, West Yorkshire, was working as a painter on a student accommodation refurbishment when the incident happened 15 August 2007.
Huddersfield Magistrates' Court heard Mr Dawson, 58, was working at Ashenhurst Student Village in Newsom when he apparently fell from a ladder, though no witnesses could confirm this.
The Health and Safety Executive (HSE) yesterday (16 March) prosecuted, Liversedge Decorating Contractors Ltd, two of its directors, and a second company Foster Turn-Key Contracts Ltd for health and safety breaches.
The HSE investigation found principal contractor Foster Turn-Key Contracts Ltd and Liversedge Decorating Contractors Ltd, contracted to decorate the flats, had allowed work to be carried out that was not adequately planned or supervised and had used inappropriate equipment.
Liversedge Decorating Contractors Ltd of Mountain Road, Thornhill, Dewsbury, pleaded guilty to breaching regulation 4 (1) of the Work at Height Regulations 2005, and were fined £2,000. Paul Daniel of Smithy Carr Lane, Brighouse, and Clive Dewhirst of Mountain Road, Thornhill, Dewsbury, both directors of the firm, also pleaded guilty to the same charge. They were fined £1,000 each.
Foster Turn-Key Contractors of Plover Road, Lindley, Huddersfield, pleaded guilty to breaching Regulation 22 (1) of the Construction (Design and Management) Regulations 2007. They were fined £2,000.
Mr Dawson is unable to recall any details of the incident because of his injuries sustained to his head.
After the hearing HSE Inspector David Stewart said:
"The ladder Trevor Dawson used, which we believe may have caused or contributed to his fall, was simply not suitable for the work he was doing. It was a domestic step ladder which should not have been allowed on the site.
"In this situation, a tower scaffold would have been much more appropriate.
"Falls from height remain the single most common cause of fatality and serious injury in the construction industry. The law is quite clear and HSE provides freely-available guidance on how work at height should be managed.
"In this instance, individual directors of a company were found guilty for not planning and supervising the work properly. This case should send a clear message to company directors about their responsibilities for health and safety."
Monday, 1 March 2010
First Corporate Manslaughter Case on hold
The first case to be brought against a UK company under the new Corporate Manslaughter and Corporate Homicide Act has been adjourned due to concerns over the health of its director.
Charges were laid by the Crown Prosecution Service in April 2009 against Cotswold Geotechnical (Holdings), following the death of one of its employee, Alex Wright, on a Gloucestershire site in September 2008.
The company and its managing director Peter Eaton were charged with manslaughter by gross negligence and a health and safety offence in his own personal capacity.
Mr Justice Field heard submissions in private on 26 February 2010. He directed that the trial be adjourned for at least 18 weeks and be listed to resume in early October 2010.
Field said Eaton must undergo urgent medical treatment of a character which would render it unfair and oppressive for him to have to participate in the trial at the same time.
Eaton could be jailed for life if convicted, while Cotswold Geotechnical faces an unlimited fine.
Charges were laid by the Crown Prosecution Service in April 2009 against Cotswold Geotechnical (Holdings), following the death of one of its employee, Alex Wright, on a Gloucestershire site in September 2008.
The company and its managing director Peter Eaton were charged with manslaughter by gross negligence and a health and safety offence in his own personal capacity.
Mr Justice Field heard submissions in private on 26 February 2010. He directed that the trial be adjourned for at least 18 weeks and be listed to resume in early October 2010.
Field said Eaton must undergo urgent medical treatment of a character which would render it unfair and oppressive for him to have to participate in the trial at the same time.
Eaton could be jailed for life if convicted, while Cotswold Geotechnical faces an unlimited fine.
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