An architect's practice and a construction company involved in a Somerset development have today been fined a total of £195,000 following a fatality on the site.
The construction company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 for failing to safely manage subcontractors working for it.
The architects involved pleaded guilty to breaching Regulations 13, and 14, of the Construction (Design and Management) Regulations 1994, which require designers to take safety considerations into account.
The construction company was fined £75,000 and ordered to pay costs of £68,000, whilst the architects were fined £120,000 and ordered to pay costs of £60,000 at Bristol Crown Court.
The court heard that on 26 January 2005 an employee who was working for the construction company’s sub-contractors who were contracted to install air-conditioning at the newly-built property.
The victim 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 roof only had a low parapet, which was not high enough to prevent the victim falling nine metres to the ground.
Speaking after the hearing an inspector from the HSE commented:
"This is a tragic case where both the failings of the construction firm and the architects led to the victim’s death.
"While it is rare for designers to be charged with breaching health and safety legislation, they must be aware they can be held responsible where bad design is an important contributory factor to a work-place fatality.
"Designers must ensure that plant and equipment can be accessed safely, and that safety harnesses are only used as a last resort.
"HSE will not hesitate to take enforcement action against any company or individual who fails to carry out their health and safety duties, especially when that failure results in a tragedy, as in this case."