John Laing Services Ltd fined £175,000 for double fatality

HSE Press Release: E058:04 - 23 April 2004

John Laing Services Limited were today fined a total of £ 175,000 and ordered to pay £40,000 costs at Southwark Crown Court, after pleading guilty to a breach of health and safety legislation. The case, brought by the Health and Safety Executive (HSE) followed two deaths during construction work at Alembic House, Albert Embankment, London, SE11.

Anthony Fear and Roy Anderson were dismantling a mast climbing work platform (MCWP) at a height of about 45 feet when it overturned; both men fell to the ground receiving fatal injuries.

John Laing Services Limited pleaded guilty to a breach of duties under Section 2(1) of the Health and Safety at Work Act etc 1974, in that they failed, so far as is reasonably practical, to ensure the health, safety and welfare at work of all their employees.

Since the incident on 26 May 1995, John Laing Services have changed their operational structure.

HSE Principal Inspector, Tony Hetherington, said after the case:

"This tragic accident illustrates the importance of thinking through the implications of changing plant and working methods. When adjusting method statements and operating procedures everyone affected by the changes should know of the implications and be able to work safely."

Notes to editors

1. Section 2(1) of the Health and Safety at Work etc Act 1974 (HSW Act) states:

"It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."

2. During normal operation a mast climbing work platform (MCWP) is attached to the structure that it serves to ensure stability. To assemble a MCWP the initial mast section (approx three metres high) and the platform are assembled at ground level. The platform is then raised to the top of the existing mast and the next section of the mast is fixed in place and ties are fixed into the adjacent structure to ensure the stability of the MCWP. Erection of the MCWP continues in this way until the desired height is reached. Dismantling is the reverse of erection. It is normal and acceptable for erectors to stand on and work from the platform during erection and dismantling.

During the initial stages of erection a twin mast MCWP is sufficiently stable to allow the work platform to be raised to the top of the first mast section in safety. Single mast MCWPs require outriggers to be provided to ensure their stability until upper mast sections can be positioned and tied back to the adjacent structure.

3. At an earlier hearing Judge Bathurst Norman considered if the total time taken for the matter to be brought to court was such that John Laing Services had been so prejudiced that they could not receive a fair trial. He decided that this was not the case and a trial could proceed.

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