A Devon based construction company was recently fined at Plymouth Magistrates’ Court following the sad death of an employee.
Amandeep Murria of Kangs Solicitors sets out the circumstances.
The Circumstances | Kangs Health and Safety Team
The Court heard the employee suffered fatal injuries on the 11th May 2016 after falling whilst he was carrying out work to install roof sheets on a new agricultural building.
A full and detailed investigation conducted by the Health & Safety Executive concluded:
- the company failed in its obligations to provide suitable protection
- proper and thorough risk assessments had not been undertaken
- the training provided to its employees was inadequate.
The Relevant Health and Safety Law | Kangs Regulatory Law Advisors
The Health and Safety at Work etc. Act 1974 (‘the Act’) provides two general duties of employers to their employees:
(1) 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.
(2) Without prejudice to the generality of an employer’s duty under the preceding subsection, the matters to which that duty extends include in particular—
(a) the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;
(b) arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
(c) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;
(d) so far as is reasonably practicable as regards any place of work under the employer’s control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks;
(e) the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.’
The Hearing | Working At Height | Kangs Solicitors
The company admitted to breaching Regulation 2 (1) of the Act, was fined £100,000 and ordered to pay costs of just over £11,000.
HSE Inspector Kate Leftly said:
‘Falls from height remain one of the most common causes of work related fatalities in this country and the risks associated with working at height are well known. If suitable edge protection had been installed, the tragic death of this employee could have been prevented.”
How Can We Help? | Kangs Health and Safety Solicitors
Our specialist lawyers are able to provide advice and assistance throughout the entire criminal process, from the initial intervention by the health and safety executive through to enforcement, interview under caution and ultimately the defence of any ensuing criminal prosecution.
Who Can I Contact For Help? | Kangs Solicitors
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