Construction firm fined £40,000 after child death

HSE Press Release E204:02 - 25 October 2002

Construction firm Galliford Hodgson Ltd was today (Friday) fined £40,000 at the Old Bailey for breaching health and safety legislation, following an investigation into the death of a 12 year-old boy.

The Health and Safety Executive (HSE) prosecution followed an incident on 18 January 2000, in which Martin Karshak died after falling approximately 11 metres (36 feet), while playing on scaffolding. The scaffolding had been erected for principal contractor Galliford Hodgson Ltd at a refurbishment project around Alfred House, Kingsmead Estate, Kingsmead Way, Hackney, London E9.

It is thought that Martin, of Lindisfarne Way, Hackney, had been playing with three other boys when he fell over guard rails while negotiating a change in level between adjacent parts of the scaffolding, which he climbed onto from a balcony. He was found at the base of the scaffolding by a local resident. Emergency services were called and took him to hospital, but he died shortly afterwards from head injuries.

Robust fencing should have been used to prevent access to the scaffolding from the balcony, but no such barrier was present at the time of the accident.

Galliford Hodgson Ltd, of Rainsford Road, Chelmsford, Essex, which must also pay costs of £11,150, pleaded guilty at a previous hearing to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 (HSWA), in that on 18 January 2000, they failed to ensure the safety of persons not in their employment, including Martin Karshak, and other children, by preventing unauthorised access to the scaffolding.

Philip White, HSE's construction division, head of operations for London, East and South East, said:

"This case emphasises that all those involved with refurbishment of occupied premises, including principal contractors and clients, need to think carefully about how members of the public, children in particular, might be harmed by construction work."

"Companies must take this issue seriously and carry out a proper risk assessment so that they can adopt appropriate safety measures. In situations where there is a risk of children climbing onto scaffolding, suitable barriers such as mesh fencing should be erected to prevent access from balconies and walkways."

Notes to editors

1. Section 3(1) of HSWA states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby, are not thereby exposed to risks to their health or safety."

2. Galliford Hodgson Ltd pleaded guilty to breaching Section 3(1) of HSWA, at the City of London Magistrates' Court, on Thursday 26 September 2002. The case was committed to the Central Criminal Court for sentencing.

3. Galliford Hodgson Ltd were fined £40,000 with £11,150 costs at the Central Criminal Court, Old Bailey, London EC4, on Friday 25 October.

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