26.04.2005

Property developers fined for site death

Property developers Jeremy Freeman, Simon Freeman, Anne Freeman and contractor David J Mitchinson, were fined a combined total of £100,000 lus £40,000 costs at the Old Bailey in London this week.

The Health and Safety Executive (HSE) prosecuted them following an investigation into the death of Jason Lesaux during the refurbishment of a Georgian mansion block in Queens Gardens, London last year.

On 11th February 2004 Lesaux, aged 37, fell from the fourth to the first floor, through a hole that had been created to allow materials to be raised up through the building. No edge protection had been erected around the opening. HSE inspectors also found several other areas on the site where
workers could have fallen considerable distances. A prohibition notice was issued by HSE after the incident, closing down the site.
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The fouth floor hole through which Mr Lesaux fell, note the access equipment on the right!

In summing up the case, Judge Stone commented that “Jeremy Freeman was advised on more than one occasion that safe practices were required, that advice was not adopted, and he was driven to accept that the purpose of that was to avoid trouble and expense”.

The Judge accepted that Simon and Anne Freeman were not concerned with the day to day working of the firm, but commented that “Simon Freeman had the principal legal responsibility, which he failed to discharge”.

Speaking of David Mitchinson, the contractor, Judge Stone said that he was plainly avoiding the costs necessary for the safe delivery of the project.

Addressing the Lesaux family he added that the accident was a tragedy of enormous proportions. He kept in mind the terrible loss and the impact it will have, at the same time acknowledged that nothing would now will bring back Mr Lesaux.


All four defendants had entered guilty pleas before the City of London Magistrates Court on 12 January 2005.

Following sentencing, HSE inspector Kevin Shorten, one of the
investigators, said:

"This is one of the worst sites I have ever seen. Small sites are the most dangerous and it is important that the contractor is sufficiently resourced to comply with safety regulations.

"The Construction (Design and Management) Regulations are intended to create a planned, efficient and safe system of work. Any property developer who ignores the law and engages a contractor who is not competent to carry out the work involved is putting themselves in a position where they can be subject to criminal prosecution. They must also know that their actions can
directly contribute to somebody's death."

Details of the Fines:

Jeremy Freeman, of Hendon, London, was fined £15,000 for breaching Section 3(2) of the Health and Safety at Work etc Act 1974, £15,000, for breaching Regulation 6(1)(A) and £15,000 for breaching Regulation 10 of the Construction (Design and Management) Regulations 1994. He was ordered to pay £21,000 costs.

Simon Freeman, of East Finchley, London, was fined £10,000 for breaching Regulation 6(1)(A) and £10,000 for breaching Regulation 10 of the Construction (Design and Management) Regulations 1994. He was ordered to pay £7,000 costs.

Anne Freeman, of St John's Wood, London was fined £10,000 for breaching Regulation 6(1)(A) and £10,000 for breaching Regulation 10 of the Construction (Design and Management) Regulations 1994. She was ordered to pay £7,000 costs.

David J Mitchinson, of Rainham, Essex, was fined £15,000 for breaching Section 3(2) of the Health and Safety at Work etc Act 1974. He was ordered to pay £5,000 costs.

Background information:

1.Regulation 6(1)(A) of the Construction (Design and Management) Regulations 1994 states that: "Every client shall appoint a planning supervisor."

2. Regulation 10 of the Construction (Design and Management) Regulations 1994 states that: "Every client shall ensure, so far as is reasonably practicable, that the construction phase of any project does not start unless a health and safety plan complying with regulation 15(4) has been prepared in respect of that project."

3. Section 3(2) of the Health and Safety at Work Act 1974 states that: "It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health and safety."

4. On 6 April 2005, the Construction (Health, Safety and Welfare) Regulations 1994 were replaced by provisions in the Work at Height Regulations 2005 (S.I.2005 No 735) See Vertikal.Net April 6th 2005