Worker Loses Life in Fatal Fall: Architect and Construction Company Held Responsible as Contributory Cause
Businesses may look to improve their safety measures when it comes to contractors following a fatal accident in Great Britain leading to a pair of guilty pleas.
According to Health and Safety Executive (HSE), an architect's practice and a construction company was fined a total of £195,000 ($310,688) following a fatality on the site.
The construction company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 for failing to safely manage their subcontractors.
The architects involved also pleaded guilty to breaching Regulations 13, and 14, of the Construction (Design and Management) Regulations 1994, requiring designers to take safety considerations into account. (WCxKit)
The construction company was fined £75,000 ($119,495) and ordered to pay costs of £68,000 ($108,342) and the architect partnership was fined £120,000 ($191,193) and ordered to pay costs of £60,000 ($95,596) at Bristol Crown Court.
The court heard the 64 year old was working as a sub-contractor on the air conditioning plant, built on a platform accessed via a ladder at the edge of a flat roof. The roof only had a low parapet, which was not high enough to prevent the worker falling nine meters (30 feet) to the ground.
Speaking after the hearing, HSE Inspector Sue Adsett, noted, "This is a tragic case where both the failings of the construction firm and the architects led to (the workers) death.
"While it is rare for designers to be charged with breaching health and safety legislation, they must be aware they can be held responsible where bad design is an important contributory factor to a work-place fatality.
"Designers must ensure that plant and equipment can be accessed safely, and that safety harnesses are only used as a last resort. (WCxKit)
The man’s family, who sat in court, commented "Our loss of has deeply affected us all and he will be greatly missed. Our hope is that lessons are learned within the construction industry so that other similar incidents are prevented. Safety should be paramount during all stages of the building process so that another family doesn't have to suffer the loss that we have."
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: [email protected] or 860-553-6604.
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WC Books: http://www.LowerWC.com/workers-comp-books-manuals.php
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
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