FEATURE NEWS THE INCOURTS
CONTRUCTION FIRM FINED AFTER WORKER DIED IN EXCAVATION
A company has been fined after a man died while working inside an excavation at a construction site in Glasgow.
Derek Caddie lost his life when part of the excavation wall collapsed on 25 November 2019.
This led to the 44-year-old being trapped in soil from the neck down before being rescued by the emergency services. He died from his injuries in hospital three days later on 28 November.
Graeme McMinn, a principal inspector at the Health and Safety Executive (HSE), said: “This was a tragic and wholly avoidable accident, caused by the failure of Carrig Construction Services Limited to put in place measures to control the risk of the sides of the excavation collapsing.
“HSE provides freely available guidance on effective controls for working in excavations on the HSE website.”
Mr Caddie had entered the excavation with a colleague to repair damaged and leaking pipework, when the incident occurred. The colleague was left uninjured.
GRAMPIAN HEALTH BOARD PROSECUTED AFTER DEATH OF PATIENT
Grampian Health Board has been prosecuted after the death of a patient in Aberdeen.
Grampian Health Board, also referred to as NHS Grampian, pleaded guilty following the death of 40-year-old Vincent Mulsant at the Royal Cornhill Hospital on 28 March 2020.
The Board is responsible for commissioning health and care services for the residents in the local authority areas of Aberdeen City, Aberdeenshire and Moray.
Mr Mulsant had been admitted to the hospital on 31 December 2019. He had managed to abscond from the ward in two separate incidents, on 19 and 22 February, which resulted in him being placed under constant supervision.
Carrig Construction Services Limited had been appointed as a contractor at the site on Belhaven Terrace West Lane where new houses were being built. Mr Caddie was working under the company’s control at the time of the incident.
An investigation by HSE found the collapse was caused by a lack of support to the vertical walls of the excavation. Carrig Construction Services Limited, a company that specialises in groundworks and drainage works, failed to identify the risks from working in the excavation and did not ensure there were practicable steps in place to ensure workers were protected while inside the excavation.
On top of this, none of the workers under the control of Carrig Construction Services Limited had any formal training on working within excavations and were unaware of the risks involved.
Carrig Construction Services Limited, of Hunters Way, Lochwinnoch, Argyll, pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £75,000 at Glasgow Sheriff Court on 28 August 2024.
An investigation by the Health and Safety Executive (HSE) found that Grampian Health Board had failed to adequately manage the risks posed to a patient’s health and safety.
Aberdeen Sheriff Court heard how on 28 March, two staff members found Mr Mulsant lying on the bathroom floor. Despite their efforts and those of paramedics in attendance, Mr Mulsant was pronounced dead at the scene.
As a result of this incident, changes have been made to the management of in-patient wards within Royal Cornhill Hospital.
On 8 August 2024, Grampian Health Board pleaded guilty to breaching Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974 and were fined £60,000 with a £4,500 victim surcharge.
Speaking after the case an HSE spokesperson said: “This tragic case highlights the need for suitable and sufficient systems to be put in place to ensure that vulnerable patients are kept safe while they are in hospital.”
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