IN THE COURTS
SENTENCES AFTER UNCONTROLLED COLLAPSE OF
BUILDING The owner of a building in Kent and the contractor employed to demolish it, have been fined for safety failings after an uncontrolled collapse onto the High Street.
Canterbury Crown Court heard that the building at the High Street, Ramsgate, Kent was owned by Panther AL (VAT) Limited. Martin Elmes was contracted to undertake the demolition work.
An investigation by the Health and Safety Executive (HSE) into the collapse, which occurred on 6th November 2013, found that Martin
FINES AFTER WORKER FALLS
THROUGH SKYLIGHT A Stranraer-based groundwork company has been fined after a worker fell more than seven metres through a fragile roof.
Stranraer Sheriff Court heard the 42-year-old had been sub-contracted by McKeown Groundworks Limited, to carry out roof repairs on a barn at Whiteley’s Farm, Stranraer.
On 24th May 2016 the worker arrived at the farm to work on the roof. As he walked along the roof he stepped on a translucent light panel which broke under his weight resulting in his falling through the roof to the ground below.
The worker suffered a compression fracture of the lower back as a result of this incident.
An investigation by the Health and Safety Executive (HSE) found that McKeown Groundworks Limited failed to adequately supervise this work at height and relied on the experience of the workers to avoid injury while working at height.
It was also found that McKeown failed to plan the work at height and
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Elmes had failed to properly plan the work and then carried out unsafe demolition work.
Panther AL (VAT) Limited (PALL) did not make any enquiries into the suitability or competence of Martin Elmes to undertake the demolition.
Neither PALL nor Martin Elmes applied for a road closure and members of the public were put at risk.
Panther AL (VAT) Limited, of Deneway House, Darkes Lane, Potters Bar, Hertfordshire, pleaded guilty to breaching Regulation 4(1) of the Construction (Design and Management) Regulations 2007, and was fined £160,000 and ordered to pay costs of £9128.89.
Martin Elmes, of Barnacres Road, Hemel Hempstead, Hertfordshire, pleaded guilty to breaching Regulation
25(1) of the Construction (Design and Management) Regulations 2007, and has been sentenced to nine months imprisonment suspended for two years.
HSE inspector Andrew Cousins said after the hearing: “Lives were put at risk when this structure uncontrollably collapsed. Clients have a responsibility to appoint competent contractors to undertake hazardous work such as demolition.
“Those in control of demolition have a responsibility to plan demolition work and to devise a safe way of working that protects both the workers and members of the public.
“The job could have been safely carried out by simply undertaking the demolition behind a substantial hoarding.”
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therefore no control measures had been put in place to prevent workers falling from or through the roof.
McKeown Groundworks Limited whose registered office is at King Street, Castle Douglas was fined £12,000 after pleading guilty to breaching Regulation 4 of the Work at Height Regulations 2015.
Speaking after the hearing HSE Inspector Helen Diamond said: “McKeown’s failings resulted in serious injuries that could have
easily been prevented had the company planned the work at height. Planning the work at height would have included an assessment of the risks and ensuring that suitable and sufficient measures were in place to prevent falls from height.”
“Work at height is the biggest single cause of fatal and serious injury in the construction industry, particularly on small projects.”
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