Principal contractor fined after failing to meet health and safety requirements

Date:

12 May 2011

Release No:

COISE/1005

A principal contractor has been fined after a loading platform at a boat building company, Bembridge Marine Ltd, was inadequately constructed in 2005.

On 18 September 2006, an employee of Bembridge Marine Ltd, Kevin Cleightonhills, 21, of Bembridge, Isle of Wight was attempting to push a boat on to the purpose-built loading platform.

As he was doing so, a panel in the floor of the platform moved and opened a gap, causing him to fall nearly 3.5 metres and leaving him with severe head injuries. The court heard that the lack of appropriate fixings for the floor panels was a serious failing.

The Health and Safety Executive (HSE) investigation found that the number of clips used to hold the floor panels in place was fewer than that recommended by British Standards on walkways and stair treads, and that there was no other means of preventing the panels from moving sideways.

The principal contractor, Malcolm Ely, accepted only that he had not ensured that handrails were fitted to the platform giving rise to a serious risk of falling from its edge to those using it and he was sentenced accordingly.

Mr Ely, formerly of Osborne Heights, East Cowes, Isle of Wight, pleaded guilty to breaching section 3(2) of the Health and Safety at Work etc Act 1974, at Portsmouth Crown Court. He was fined £2,250 and ordered to pay costs of £1,000.

After the hearing HSE Inspector Tracey Cartwright said:

"This incident has left Mr Cleightonhills with life-changing injuries.

"As the design and build contractor for this project Mr Ely should have ensured effective co-ordination and communication by all those involved in this project.

"The judge was correct when he said Mr Ely was not competent to provide a design and build service to Bembridge Marine, his incompetence contributed to the sorry series of events which led to the catastrophic injures of Mr Cleightonhills.

"This should be a lesson to all those acting as principal contractors to be aware of their serious responsibilities to ensure the safety of those affected by the work they are responsible for."

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. Section 3(2) of the Health & Safety at Work etc Act 1974 states: "It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not exposed to risks to their health or safety."

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