Offences and penalties report - Jason Lesaux

The summary

In February 2004 HSE investigated an incident in which a builder suffered a fatal fall. The deceased was working at a house in London, which was being renovated. A central hole had been created through the storeys of the house to enable materials to be lifted up through the floors. No edge protection had been provided round the hole and the deceased fell from the fourth to the first floor. He suffered multiple injuries and died later in hospital.

The personal Cost

Jason Lesaux, aged 37, died in hospital after a terrible fall through several floors. His father, Lewis, a London cab driver, recalls the accident, which devastated his family. “On the morning of the accident I had called in at my son’s flat in Paddington for the usual cup of tea before we started the day’s work. My son was working for a firm on various development sites in the area. He was an expert bricklayer and had completed three college courses in his craft. He was so good that he could have become a lecturer himself in that field if he had wanted to. He was a lovely lad, a gentle giant of a man and very friendly. My son and I were close and I usually saw him on most mornings when I was up working in town. On the day of the accident I called in on him as usual and we both left for work. At midday I was with my brother having lunch on the taxi rank. I received a telephone call from his girl friend to say what had happened. Jason had suffered massive internal injuries due to the fall. He was given massive blood transfusions and although the hospital did their best to save him he died in the early hours of the morning.”

"We were shattered by the loss. His mother, Maureen, has never been able to revisit the grave since we buried him. She usually rang him in the mornings and because she had not spoken to him on that day felt that the accident would never have happened if only she had done. I have panic attacks…I may glimpse people in the street who look like him and I have a flashback to the day of the accident and feel a wave of panic. His younger sister, Julia, misses him so much as do the whole family circle. It is something, which is always with you. My son and we as a family always knew there were elements of danger in the work he did. Our only comfort now is in the grandchildren. Jason had an 11 year old daughter, Rebecca, who comes to stay with us. We can see so much of him in her. I am frustrated by the feeling that I have not been able to do enough to right this wrong for him. I wanted to tell the court how we feel about his loss. How wrong it was. How there should have been safety measures in place on the day to save him. Things can never be the same."

The penalty

The company that employed Jason was prosecuted under section 2 Of the Health and Safety at Work etc. Act 1974 and under Construction Regulations. Three partners in a property development partnership, which had engaged the company to undertake the work, were prosecuted under Construction Regulations and in one case also under section 3 of the Health and Safety at Work etc. Act 1974. At the Crown Court, the contractor was fined a total of £15,000 and ordered to pay costs of £15,000. Three partners were fined a total of £85,000 and ordered to pay costs of £35,000.