Property developers fined for construction site death

HSE press release E058:05 - 26 April 2005

Four defendants yesterday received fines totalling £100,000, plus costs of £40,000, at the Old Bailey, London. The Health and Safety Executive (HSE) prosecuted property developers Jeremy Freeman, Simon Freeman, Anne Freeman, and contractor David J Mitchinson, following an investigation into the death of Jason Lesaux during the refurbishment of a Georgian mansion block, 51 Queens Gardens, London W2.

On 11 February 2004 Mr Lesaux, aged 37, fell from the fourth to the first floor, through a hole that had been created so that materials could be raised up through the building. No edge protection had been erected around the opening. HSE inspectors found several other areas on the site where workers could have fallen considerable distances. A prohibition notice was issued by HSE after the incident, closing the site.

Following sentencing, HSE inspector Kevin Shorten, one of the investigators, said:

"This is one of the worst sites I have ever seen. Small sites are the most dangerous and it is important that the contractor is sufficiently resourced to comply with safety regulations.

"The Construction (Design and Management) Regulations are intended to create a planned, efficient and safe system of work. Any property developer who ignores the law and engages a contractor who is not competent to carry out the work involved is putting themselves in a position where they can be subject to criminal prosecution. They must also know that their actions can directly contribute to somebody's death."

In summing up the case, Judge Stone commented that Jeremy Freeman was advised on more than one occasion that safe practices were required, that advice was not adopted, and he was driven to accept that the purpose of that was to avoid trouble and expense.

The Judge accepted that Simon and Anne Freeman were not concerned with the day to day working of the firm, but commented that Simon Freeman had the principal legal responsibility, which he failed to discharge.

Speaking of David Mitchinson, Judge Stone said that he was plainly avoiding the costs necessary for the safe delivery of the project.

Addressing the Lesaux family he added that the accident was a tragedy of enormous proportions. He kept in mind the terrible loss and the impact it will have, at the same time acknowledged that nothing would now will bring back Mr Lesaux.

All four defendants entered guilty pleas before the City of London Magistrates Court on 12 January 2005.

Jeremy Freeman, of Hendon, London, was fined £15,000 for breaching Section 3(2) of the Health and Safety at Work etc Act 1974, £15,000, for breaching Regulation 6(1)(A) and £15,000 for breaching Regulation 10 of the Construction (Design and Management) Regulations 1994. He was ordered to pay £21,000 costs.

Simon Freeman, of East Finchley, London, was fined £10,000 for breaching Regulation 6(1)(A) and £10,000 for breaching Regulation 10 of the Construction (Design and Management) Regulations 1994. He was ordered to pay £7,000 costs.

Anne Freeman, of St John's Wood, London was fined £10,000 for breaching Regulation 6(1)(A) and £10,000 for breaching Regulation 10 of the Construction (Design and Management) Regulations 1994. She was ordered to pay £7,000 costs.

David J Mitchinson, of Rainham, Essex, was fined £15,000 for breaching Section 3(2) of the Health and Safety at Work etc Act 1974. He was ordered to pay £5,000 costs.

Note to Editors

1. Regulation 6(1)(A) of the Construction (Design and Management) Regulations 1994 states that: "Every client shall appoint a planning supervisor."
2. Regulation 10 of the Construction (Design and Management) Regulations 1994 states that: "Every client shall ensure, so far as is reasonably practicable, that the construction phase of any project does not start unless a health and safety plan complying with regulation 15(4) has been prepared in respect of that project."
3. Section 3(2) of the Health and Safety at Work Act 1974 states that: "It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health and safety."
4. On 6 April 2005, the Construction (Health, Safety and Welfare) Regulations 1994 were replaced by provisions in t he Work at Height Regulations 2005 (S.I.2005 No 735 www.opsi.gov.uk/si/si2005/20050735.htm). S ee HSE Press Release E054:05 of 13 April, http://www.hse.gov.uk/press/2005/e05054.htm
5. In 2003/04, 36 construction workers died (out of a total of 70), and many thousands more suffered serious injury, as a result of a fall from height in the workplace. Falls from height are the most common cause of fatal injury and the second most common cause of major injury to employees. Provisional data shows that 31 fatalities were as result of a fall from height during 2004/5.
6. HSC is currently consulting on the revised CDM Regulations and guidance. An electronic reply form and the full text of the draft Regulations and guidance can be viewed or downloaded from the HSE website at http://consultations.hse.gov.uk/inovem/consult.ti/conregs/consultationHome
   

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