HSE press release: E198:03 - 3 October 2003
Earls Court Ltd and Unusual Rigging Ltd were fined a total of £100,000 at the Old Bailey today following a Health and Safety Executive (HSE) prosecution into the death of 26 year-old David Mott at Exhibition Hall 1 at Earls Court, London.
The prosecution followed an HSE investigation into the incident in which Mr Mott fell 35 metres to his death on 23 June 2000 at Earls Court, Warwick Road, London. Six months prior to the death of Mr Mott, another worker had been killed in a similar incident, for which Earls Court Ltd was fined £70,000 in a prosecution taken by the London Borough of Kensington and Chelsea.
Both Earls Court Ltd and Unusual Rigging Ltd had earlier pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 (HSWA). HSWA Section 3(1) requires employers to ensure that persons not in their employment are not exposed to risks to their health or safety. Mr Mott, from Brentwood, Essex, fell through fragile, false ceiling tiles while dismantling mobile platforms as part of a refurbishment project. He was taken to Charing Cross hospital but was pronounced dead on arrival from multiple injuries.
HSE Inspector Peter Lennon said, "This was a foreseeable and avoidable incident; the dangers were well known to both companies. Simple, practicable steps could have been taken to prevent anyone falling through the tiles but these were ignored. Both companies fell seriously short of the standards required to protect those who were working in the roof void, with fatal consequences."
Peter Lennon added, "This case was particularly serious as there had been a similar fatal incident at the Exhibition Centre only six months prior to Mr Mott's death."
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. Earls Court Ltd pleaded guilty to breaching Section 3(1) of HSWA at the City of London Magistrates' Court on Wednesday 21 May 2003. The case was committed to the Central Criminal Court for sentencing.
3. Unusual Rigging Ltd pleaded guilty to breaching Section 3(1) of HSWA at the City of London Magistrates' Court on Wednesday 21 May 2003. The case was committed to the Central Criminal Court for sentencing.
4. Earls Court Ltd was fined £80,000 with £12,173.95 costs at the Central Criminal Court, Old Bailey, London on 3 October 2003.
5. Unusual Rigging Ltd was fined £20,000 with £12,173.95 costs at the Central Criminal Court, Old Bailey, London on 3 October 2003.
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