HSE warns construction companies after deaths of two workmen

Date:

03 August 2009

Release No:

COI/SE/03/08

The Health and Safety Executive (HSE) is reminding construction companies of the financial penalties of not carrying out full risk assessments or ensuring their staff are properly trained - after the sentencing of a crane company for health and safety breaches.

On Friday 31 July 2009, the crane company WD Bennett's Plant & Services Ltd was fined £125,000 and ordered to pay costs of £264,299. The company had been found guilty at Chichester Crown Court in March of two health and safety breaches that led to the death of two workers and injured a third.

The company had been charged alongside Eurolift (Tower Cranes) Limited which pleaded guilty to two health and safety breaches at the beginning of the trial. Eurolift (Tower Cranes) Limited pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974 and Regulation 8(3) of the Construction (Health, Safety and Welfare) Regulations 1996.

The prosecution followed an incident on a construction site in Durrington, Worthing, on 11 February 2005. The two men who died, Steve Boatman and Gary Miles, had been working on the jib of a crane.

A third man, who was severely injured in the incident, was working on the mast of the crane. He was instructed to begin de-torquing the crane's mast bolts and should have done so one-by-one, and then re-tightened each bolt in turn. However, he was not trained in this job and he failed to re-tighten the bolts leaving them part undone. This caused the crane to collapse as it was turned.

Mr Boatman and Mr Miles died from injuries sustained when they were flung from the crane.

HSE Inspector Peter Collingwood, who led the investigation, said:

"This fine reflects the seriousness of the company's breaches of health and safety legislation. The accident, in which two men lost their lives, was avoidable. It was caused by the inadequate supervision of a worker who was not trained, nor competent for the task that he was asked to undertake.

"To avoid future tragedies like this, employers and contractors must ensure that tower crane work including erection and dismantling is only undertaken by trained, experienced and competent people who are supervised adequately."

Notes to editors

1. Section 2 (1) of the Health and Safety at Work etc Act 1974 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. Section 3(1) of the Health and Safety at Work etc Act 1974 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.
3. Regulation 4(1) of the Construction (Health, Safety and Welfare) Regulations 1996 states: Subject to paragraph (5), it shall be the duty of every employer whose employees are carrying out construction work and every self-employed person carrying out construction work to comply with the provisions of these Regulations insofar as they affect him or any person at work under his control or relate to matters which are within his control.
4. The maximum penalty for a breach of S2(1) and S3(1) of the HSWA in the upper courts is an unlimited fine for each offence. There are also unlimited penalties in the Crown Court for breaches of the CHSWR.
5. Since this accident occurred, and prompted by other serious incidents involving tower cranes, action has been taken to ensure that lessons have been learned. HSE has worked with stakeholders and directly with specific companies. With the support of the Department of Work and Pensions Secretary of State and HSE, the Strategic Forum for Construction set up a tower crane working group to identify and address areas where improvement was required. The group produced guidance on best practice which has been promoted widely and which is freely available for download from the Strategic Forum website: http://www.strategicforum.org.uk/towercranes.shtml
6. The guidance covers a range of issues including management of crane erection and sets minimum competence requirements for those involved. There has been no change in legal requirements. The guidance simply provides practical advice on what the law requires. HSE inspectors now consider the guidance in assessing compliance with the law and determining whether any enforcement action is necessary. HSE is continuing a detailed programme of work to further improve tower crane safety.
7. Information on construction health, safety and welfare can be found at:
   http://www.hse.gov.uk/construction/index.htm

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Issued on behalf of the Health and Safety Executive by COI News & PR (London & South East).