A two-year-old was crushed to death while playing on some unguarded concrete slabs left near his local playground. those responsible for providing this tragic temptation now face nearly £30,000 in fines

The Health and Safety Executive has warned that building sites make deadly playgrounds after an investigation into the death of a two-year-old boy crushed by concrete slabs.

Property developer Virendra Kotak and builder Stephen Patterson were fined a total of £29,000 at Northampton Crown Court on 18 March.

On 7 July 2003 Declan Elton was playing with friends on some 300kg concrete retaining wall slabs on a patch of grass near Ranworth Walk, Leicester, when several of the slabs fell on him. The slabs were to be used for wall units.

“It should have been obvious that children would be tempted to play on the large concrete units left outside a construction site next to homes and a large public play area,” the HSE investigating inspector Nick Garner said.

‘Ignored prohibition’

At earlier hearings, Stephen Patterson, of Awsworth, Nottinghamshire, was found guilty of breaching Regulation 8(5) of the Construction (Health, Safety and Welfare) Regulations 1996, in that he failed to store materials and equipment in such a way as to prevent danger to any person arising from the collapse, overturning or unintentional movement of such materials or equipment.

Kotak, of Peebles Way, Leicester, admitted breaching the Regulations 8(5) and 12 of the Construction (Health, Safety and Welfare) Regulations 1996. Regulation 12 requires that excavations made as part of building work should not be allowed to collapse. Kotak also admitted ignoring a prohibition notice served by HSE on 10 July 2003, which required that no construction work should take place at the site without competent supervision.

Speaking after the case, Garner issued a warning to parents as well: “This tragedy is a sobering reminder that construction sites are dangerous places for children, extra care needs to be taken to ensure that sites are secure and that materials and plant are stored safely.

“Clearly Kotak and Patterson failed in their duty to make the site as safe as possible, but parents and children should also remember that building sites aren’t playgrounds,” Garner said.

“Everyone involved in construction projects including property developers must take proper precautions to protect the public, particularly children, when carrying out their work and storing materials”.

Get the guidance

Kotak was fined £10,000 for breaching Regulation 8(5) of the Construction (Health, Safety and Welfare) Regulations 1996, £7,500 for breaching section 12 of the regulations, and £7,500 for ignoring the prohibition notice. He was ordered to pay £3000 costs. Patterson was fined £4000 for breaching section 8(5) of the above regulations. The charge of breaching Regulation 12 was left to lie on file, and no costs were awarded against him.

In the last five years, over 530 children have been killed or injured on construction sites in Great Britain. The HSE issues guidance on this. Protecting the public: your next move, priced £7.95, ISBN 0 7176 1148 5, is available from HSE Books. Stay Safe, Building Site Safety (Misc 447), which encourages children to think about hazards on and around construction sites, is available free from HSE Books, or at www.hse.gov.uk/pubns/misc447.pdf cm

Source

Construction Manager