HSE/NW/073/07 19 December 2007

HSE warns of the danger of not segregating the public from construction sites, following death of member of the public

The Health and Safety Executive (HSE) today warned of the dangers of not segregating the public from construction sites. The warning follows the death of a man who was killed by a collapsing wall after an excavator had struck it.

Anthony Broderick, a self employed property developer of Old Hall Street, Sale, Greater Manchester was fined £17,500 and ordered to pay £9,500 costs at Trafford Magistrates Court.

He pleaded guilty to a breach of the Health and Safety at Work etc Act 1974, in that he failed to ensure the safety of people not employed by him from risks arising from construction work.

The prosecution, brought by HSE, followed the death of John Jones on 3 March 2005. Mr Jones (who lived in Hall Street, Sale) stepped out of his home into an alleyway when the bucket of an excavator, driven by Anthony Broderick, unintentionally hit a wall that collapsed onto Mr Jones and killed him.

The court heard that Mr Broderick, who owned the block of properties, was demolishing the 1.8 metre wall, at the time removing a gate in order to construct car parking spaces.

HSE Principal Inspector Anna Bliss said:

“This tragic accident could very easily have been avoided had Mr Broderick taken time to fence off the footpath and make arrangements for access to the flats at safe times only.

“For the construction industry Mr Broderick was doing a relatively simple job – just demolishing a wall. However, he was working alone, using powerful machinery without taking simple precautions for the safety of others.

“Greater Manchester is currently busy with construction work, ranging from huge prestige developments to this sort of small improvement job. It is important that anyone doing work that creates danger makes time to prevent unsafe access by members of the public.

“Smaller contractors should always set up the basic site safety measures before they begin work. HSE publishes guidance on what should be done, including free leaflets.

“Construction activities that create risk outside of an existing site perimeter must be managed to ensure that members of the public are safe during the work.  For short term work a banksman may be sufficient to ensure works stops as people pass. For high-risk activities or where the work takes place over a longer period of time, the site perimeter should be temporarily extended a safe distance, with clear fencing and warning signs.

“Alternative pedestrian or traffic routes may need to be arranged and may need permission from the local authority. Fuller guidance on ensuring the safety of the public from construction work can be found in HSE’s publication ‘Protecting the Public – your next move’.”

Notes to editors

1. The Health and Safety at Work etc Act 1974, Section 3(2) states: ”It shall be the duty of every self employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.”
2. Free safety information, including the pamphlet ‘The Absolutely Essential Construction Health and Safety Toolkit’ can be found on HSE’s website at: http://www.hse.gov.uk/construction/information.htm  ‘Protecting the Public – your next move’ and other priced HSE guidance can be obtained from HSE Books (Tel: 01787 881165).        

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Issued on behalf of HSE by Government News Network North West