CONSTRUCTION COMPANY FINED £8,000 FOLLOWING SERIOUS ACCIDENT

HSE press release E233:03 - 19 November 2003

Sunley Turriff Construction Ltd was fined a total of £8,000 yesterday as a result of a prosecution by the Health and Safety Executive (HSE).

The investigation followed a serious fall from height incident on 7 May 2002 during reconstruction of the Hackney Empire Theatre in Mare Street, London, E8.

Agency worker Lasha Davitaia was clearing debris and redundant materials from the surface of a newly-constructed first floor slab. The debris included a number of large sheets of plywood. On lifting one of these he fell nearly five metres to the ground floor through a service opening concealed underneath. He suffered serious injuries including a broken leg, concussion, loss of teeth and cuts.

The loose plywood had been covering the 1.1 x 0.9m hole for several weeks. As it had not been fixed down and was not marked with any warning, Mr Davitaia assumed that the plywood was to be removed with the other debris.

Principal contractor Sunley Turriff Construction Ltd, a Northwich based company, was accordingly charged with an offence of breaching section 3(1) of the Health and Safety at Work etc. Act 1974 (HSW Act). The hearing took place yesterday before the City of London Magistrates' Court, Queen Victoria Street, London, EC4.

Sunley Turriff is in administration and was not present in court. After finding the firm guilty the court heard that they were prosecuted in 1999 following an almost identical accident.

HSE Inspector Andy Beal said after the case: "The loose board was over the hole for several weeks so this was an accident waiting to happen. It is remarkable that Mr Davitaia's injuries were not more severe - he could well have been killed. The precautions for safeguarding floor openings are well known and include conventional guard-rails and toe boards, the use of properly marked secured covers and the use of robust mesh cast into the concrete. Contractors must make sure they manage this obvious risk."

Note to Editors

Section 3(1) of the HSW Act 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.

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