court report
Construction companies fined for health and safety failures following death of worker The Health and Safety Executive Northern Ireland (HSENI) has successfully led a prosecution against three joint contractors following an incident that led to the death of one of its employees.
The prosecution followed an investigation by HSENI into the circumstances of an incident that resulted in an employee suffering fatal injuries during a construction project involving the replacement of street lighting columns in Warrenpoint.
All three companies pleaded guilty at Newry Crown Court and were fined £30,000, £50,000 and £10,000 respectively.
Speaking after the hearing, HSENI Inspector Linda Murphy said: “This tragic death serves as an important reminder
to the construction industry that every construction project requires careful planning and management. “Contractors, (including principal contractors), have a responsibility to communicate with each other to make sure everyone understands the risks and the measures needed to control those risks.”
The incident resulted in the deceased being struck by a lifting attachment that became detached from the quick hitch of an excavator; steps were not taken by the operator of the excavator to ensure the quick hitch was fully engaged. The investigation also found that a thorough examination of the quick hitch and lifting accessory had not been completed; the operator of the excavator had not received training in relation to the use of excavators for lifting operations; and the risk assessment relied on was not suitable and sufficient.
Londonderry based Construction Company fined following fall from height incident The Health and Safety Executive Northern Ireland (HSENI) has successfully led a prosecution against a County Londonderry based company for health and safety failings. The company pleaded guilty at Coleraine Crown Court to two health and safety offences and was fined £20,000. The prosecution follows a HSENI investigation into an incident which took place on a house building site in Londonderry.
A brick layer, working as a sub-contractor, fell backwards from an unguarded trestle work platform while working on the first floor area of a house under construction. On falling from the platform, he subsequently fell through a stairwell opening and sustained serious injuries. HSENI Inspector Kiara Blackburn said: “Falls from height have resulted in many serious injuries and deaths across Northern Ireland construction sites. Employers, including principal contractors, have a legal
responsibility to ensure work is properly planned, managed and monitored. “Where working at height cannot be avoided, falls from height must be prevented. Simple solutions such as guard rails at open edges or secure boarding over open stairwells are all readily available control measures within the construction industry.” The HSENI investigation found that no protective measures were in place to prevent workers falling either from the work platform or through the unprotected stairwell opening.
Company fined after failing to manage asbestos removal A property management company has been fined for health and safety failings relating to the removal of asbestos during refurbishment work at an industrial unit in Ballymoney. The company pleaded guilty to three separate health and safety offences at Antrim Crown Court and was fined £15,000. The HSENI investigation followed a complaint of unsafe work practices, alleging worker exposure to asbestos during construction work. The investigation found that
refurbishment of the unit had commenced before any assessment was made as to the presence of asbestos in the building. A prohibition notice was subsequently served by an HSENI Inspector, prohibiting any further work from continuing. Following the analysis of samples taken by HSENI Inspectors, asbestos containing materials were confirmed to be present throughout the unit. None of the tradespersons that were working on site had been advised that asbestos containing
materials were present before construction work commenced. Of significance, the investigation also found that previous enforcement action had been taken by HSENI Inspectors against the company in respect of assessing and managing asbestos at the same location. Speaking after sentencing, HSENI Inspector Julian Richmond said: “Employers have a legal duty to manage any work involving asbestos, including maintenance, which may result in harmful asbestos fibres being released and worker health being put at risk.
“In this case, the company failed to plan how the work would be carried out safely, to minimise the risk of spread of asbestos fragments and fibres. These risks could easily have been avoided by acting on the findings of the asbestos survey and carrying out correct control measures and safe working practices” Northern Ireland statistics show that in 2019, asbestos related disease accounted for some 63 deaths where asbestosis or mesothelioma were recorded as the primary or secondary cause of death. Preventing exposure to asbestos is essential to reduce the incidence of asbestos related disease in the future.
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