E057:06 09 May 2006

HSE sucessfully prosecutes construction companies following fatality on a London building site

"Anyone involved in lifting operations on building sites should ensure they are properly planned and appropriately supervised", this is the message from construction inspector, Emma Davies of the Health and Safety Executive (HSE), following the prosecution of two construction companies at the Old Bailey today.

John Doyle Construction Limited of Welwyn Garden City, Herts and Exterior International Plc of London, EC2 were fined a total of £350,000 following the investigation into a fatal incident on a building site on 6 August 2002, at Albion Riverside Development, Hester Road, Battersea, London SW11.

Jack Tangney, a 29 year old from New Zealand died when a large timber panel called a ‘shutter’, which fell to the ground whilst it was being lifted from the ground to the 9th floor, from the north west corner of the site, struck him.

Speaking after the case, investigating inspector Emma Davies went on to say;

"The risk of serious injury, or worse from badly planned lifting operations is well known in the industry; as are the measures needed to manage them. Had these construction companies carried out an appropriate risk assessment, Mr Tangey would be alive today. This avoidable incident is an example of how badly things can go wrong when lifting operations are not planned or supervised properly. When carrying out lifting operations on site, three key elements must be in place to ensure the safety of the lift - a competent person is involved in planning the lift - the lift is adequately supervised - and the lift is carried out in a safe manner. "

John Doyle Construction Limited, Mr Tangey’s employer, was fined £200,00 for contravening section 2(1) of the Health and Safety at Work etc Act 1974 and £50,000 for contravening section 3(1) of the same Act.

Exterior International Plc were fined £100,000 for contravening section 3(1) of the Health and Safety at Work etc Act 1974.

John Doyle Construction Limited subcontractors on the site and Exterior International Plc, principal contractor’s on site, previously pleaded guilty to the above charges on 11 April 2006 at City Magistrates’ Court, 1 Queen Victoria Street, London EC4N 4XY.

Legal costs are to be agreed at a further hearing.

Notes to editors:

1. “A Simple Guide to the Lifting Operations and Lifting Equipment Regulations 1998”, provides information about the legal requirements of the Regulations and can be downloaded from http://www.hse.gov.uk/pubns/indg290.pdf

2. In 2004/5, there were 72 fatal injuries to construction workers, an increase of 1 from 2003/4.

3. Section 2 (1) of the Health and Safety at Work Act 1974 states that "It shall be the duty of every employer to ensure, so far as reasonably practicable, the health, safety and welfare at work of all his employees".

4. Section 3(1) of the Health and Safety at Work etc Act 1974 states that: "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 and safety".

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