The fact that a planning manager was fined under section 7 of the Health and Safety at Work Act 1974 suggests the HSE may be targeting individuals more these days. Section 7 deals with the general duties of employees, rather than employers. It states, in summary, that it shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and of others who may be affected by his acts or omissions at work, and to co-operate with his employer as regards any duty or requirement imposed on the employer.
Fatal flaws
Steven Kilkie, a demolition worker, was helping to demolish a building in Bootle, Merseyside. Joseph Finney, a construction company, was contracted by Pierhead Housing Association to demolish a terrace of nine empty three-storey houses.
Finney subcontracted George and James Draper, trading as Southend Timber and Demolition Company, to carry out the demolition work. Capita Property Services was contracted to act as planning supervisor.
When demolition work started, Southend Timber employees removed windows and floor joists from one of the houses. Five days later, the entire front section of the house collapsed while Kilkie and a colleague, both employed by Southend Timber, were working on the top floor.
Kilkie was buried underneath rubble and suffered fatal head injuries. His colleague was thrown clear and suffered broken ribs.
A scaffolder jumped from scaffolding as the building collapsed and suffered a fractured ankle.
The accident happened because the building, which was structurally unsafe before the demolition work started, had been further weakened by the removal of windows and joists.
The pre-tender health and safety plan for the demolition project, drawn up by Capita, failed to provide Joseph Finney with any information on the building to be demolished. This should have included the support requirements of the walls, the status of its gas and electricity services, and the presence of any harmful substances.
Capita and its manager in charge of planning supervision failed to advise Pierhead Housing Association that Joseph Finney's health and safety plan for the project was inadequate.
Joseph Finney's health and safety plan failed to describe the project properly. In particular, the site-based risk assessments included in the plan were unsuitable. They covered a different site and referred to the demolition work as being 'not applicable' to the project.
Prosecution policy
Southend Timber's method statement for the project was woefully inadequate. It did not refer to any structural survey and failed to explain how demolition work would be carried out. The firm also failed to perform a suitable asbestos survey, provide welfare facilities or ensure that suitable first-aid provision was available on the site.
The following fines were imposed: Joseph Finney: £40,000, divided equally between sections 2(1) and 3(1) of the Health and Safety at Work Act, for failing to ensure the health and safety of employees and non-employees, plus £33,000 costs.
Capita: £30,000 for a breach of section 3(1) of the Act, plus £38,000 costs.
James and George Draper (Southend Timber): each fined £7500 under sections 2(1) and 3(1) of the Act, plus £385 costs.
Keith Dickson, the manager employed by Capita in charge of planning supervision, was fined £5000 for a breach of section 7(a) of the Act, for failing to take reasonable care for the safety of himself and others, plus £2500 costs.
Reported prosecutions under section 7 of the 1974 Act are rare. During the last decade, no more than six cases have been reported. But recently section 7 prosecutions have started to feature more prominently in press reports. This may indicate that the HSE's policy is shifting towards holding employees more responsible for breaches of health and safety rules in construction.
Source
Construction Manager
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