What's New
Architects and construction firm both at error in fatal fall
An architectural practice and a construction company involved in the development of a conference centre in Somerset have been fined a total of £195,000 following a fatality at the site.
Bristol Crown Court heard that Express Park Construction Company Ltd (EPCC) was the principal contractor during the building of the conference centre at Express Park in Bridgwater.The centre had been completed and was in use when staff at the site reported a problem with the air-conditioning.
On 26 January 2005, EPCC sub-contracted H&F Air Conditioning Ltd to carry out the repairs. Engineer David Cairns, 64, was working on the air-conditioning plant, which was built on a platform accessed via a ladder at the edge of a flat roof. The edge was only protected by a low parapet, and as Mr Cairns was climbing down the ladder he lost his footing and fell over the wall. He fell nine metres to the ground and died in hospital as a result of his injuries.
EPCC appeared in court on 29 July and pleaded guilty to breaching s3(1) of the HSWA 1974 and was fined £75,000. It was also ordered to pay £68,000 in costs.
The architects that designed the building, Oxford Architects Partnership, appeared at the same hearing and pleaded guilty to breaching reg.13 and reg.14 of the Construction (Design and Management) Regulations 1994, which require designers to take safety considerations into account. It was fined £120,000 and ordered to pay £60,000 in costs.
In mitigation, EPCC said it moved the ladder to a central position and put barriers around the edge of the roof.
Oxford Architects Partnership told the court that it has improved its management systems to ensure that risk assessments are continuously reviewed, and that all projects meet the requirements of the CDM regulations.
Neither company had any previous convictions and both entered early guilty pleas.
Health club lifeguards were not trained to deal with emergency
A hotel must pay £135,000 in fines and costs after a member of the public drowned in an unsupervised swimming pool.
The incident took place at the Spindles Health Club in the Adelphi Hotel in Liverpool on 30 August 2006. Madhav Cherukuri, 25, had borrowed a friend’s membership card and went swimming in the health centre pool.
Another person swimming in the pool noticed that Mr Cherukuri was spending extended periods of time swimming underwater. It is believed that he was testing how long he could swim underwater without taking a breath.
The other bather became concerned by his behaviour and brought it to the attention of a member of staff who was walking past the pool.The bather then went to get changed while the member of staff tried to locate a lifeguard to inform him about Mr Cherukuri’s behaviour.
By the time the lifeguard arrived, he found Mr Cherukuri motionless at the bottom of the pool and pulled him out of the water. Two club members, who were off-duty nurses, began administering CPR but were unable to revive Mr Cherukuri.
Environmental health officers from Liverpool City Council investigated the incident and found that the hotel had not carried out a sufficient risk assessment, and that staff had not been sufficiently trained to handle emergency situations.
The investigation identified that lifeguards had not undertaken in-service training, which gives advice on how to handle emergency situations.The council also found exposed electrical conductors in a service tunnel adjacent to the pool.
Britannia Adelphi Hotels appeared at Liverpool Crown Court on 5 August and pleaded guilty to breaching s3(1) of the HSWA 1974. It was fined £65,000 and ordered to pay £70,000 towards costs.
In mitigation, the firm said it had no previous convictions and had fully cooperated with the investigation. It has now ensured that all lifeguards have received in-service training, and it also decided to reduce the depth of the pool.
Liverpool City Council cabinet member for the environment and climate change, Councillor Tim Moore, said: “This unfortunate incident has highlighted the matters that leisure-pool operators need to consider when devising operational procedures. Lifeguards and other employees need to be properly trained to recognise and deal with emergency situations.”
HSE Myth of the Month
Click here to download
Call us to find out how we can help your business – 01789 293758