19.01.2005

Contractor Fined £150,000 for Employee fall

McDermott Bros Contractors Ltd (MBCL), a London-based construction company, was fined £150,000 plus over £15,000 costs at Southwark Crown Court yesterday. The prosecution, brought by the Health and Safety Executive (HSE), followed its investigation into the death of Mr Vincent Dooley at a building site on the fourth of December 2000.

Mr Dooley, a 54-year old carpenter, was working for MBCL at the "280 Bishopsgate" development in London. He was working on the 14th floor of the building, and was busy striking out wood shuttering around a hole that had been cast in the floor.

Dooley fell through the hole and dropped four metres to the floor below. He suffered severe head injuries and died later that day.

The court found that MBCL had failed in its duty of care towards Mr Dooley by exposing him to risks to his safety. At the time of the incident no measures were in place to prevent Mr Dooley's fall, although a general method statement had been prepared that indicated that a safety harness would be worn.

Speaking after the case, HSE investigating inspector Neil Stephens, said:

"The case does provide some very valuable lessons about working at height which if put into practice should help to prevent this kind of incident occurring".

"First, those who are responsible for planning work should carefully assess the work and decide what safety measures are appropriate. There is a hierarchy of control measures for working at height and the use of personal fall arrest equipment".

"Harnesses are at the bottom of this hierarchy. Harnesses are almost always a last resort measure and properly constructed working platforms and/or guardrails are nearly always preferable".

"Secondly, principal contractors should always look critically at any method statement which specifies the use of harnesses, to check whether this is the safest option. Where, ultimately, harnesses are chosen then there should be a detailed method statement and a high degree of supervision to make sure it is followed".

"Lastly, all those who use a harness should have proper training, which should include how to inspect and wear it, what constitutes a suitable anchorage, and the limitations of harness use".

"Sensible health and safety is about managing risks; working at height is a well known hazard, and not just in construction."

"This is a very sad time for Mr Dooley's family, especially as the final hearing of the case came so close to the anniversary of his death; our sympathies are with them at this time".

MBCL, of South Crescent, Newham, east London, pleaded guilty to a charge of breaching section 2(1) of the Health and Safety at Work etc Act 1974.

Further Notes:

1. Section 2(1) of the Health and Safety at Work at Act etc 1974 states: 'It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees'.

2. The maximum penalty that can be imposed at a Crown Court for a breach of section 2(1) of the HSWA is an unlimited fine.

3. In 2003/04 38 fatalities to workers in the construction industry were due to falling from a height, an increase of 5 from 2002/03.