28.03.2009

Tower crane company guilty

UK based tower crane rental company WD Bennett’s Plant & Services, has been found guilty of two health and safety breaches, following the death of two men in a tower crane accident at Durrington High School in Worthing, West Sussex in February 2005

Bennett’s was charged alongside Eurolift (Tower Cranes Ltd), an affiliate, which pleaded guilty to two health and safety breaches at the beginning of the trial.

Bennett’s was found guilty of breaching section 3(1) of the Health and Safety at Work etc Act 1974 and regulation 4(1) of the Construction (Health, Safety and Welfare) Regulations 1996.

Eurolift pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974 and Regulation 4(1) of the Construction (Health, Safety and Welfare) Regulations 1996.

Both companies will be sentenced on another date - yet to be set.
See tower crane prosecution
See tower crane prosecution

Notes:

- Section 2 (1) of the Health and Safety at Work etc Act 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."

- Section 3(1) of the Health and Safety at Work etc Act 1974
states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."

- Regulation 4(1) of the Construction (Health, Safety and Welfare)
Regulations 1996 states: "Subject to paragraph (5), it shall be the duty of every employer whose employees are carrying out construction work and every self-employed person carrying out construction work to comply with the provisions of these Regulations insofar as they affect him or any person at work under his control or relate to matters which are within his control.”