Death of Child Near Building Site
Virenda Kotak, a Property Developer, and Stephen Patterson, a Builder, have been fined following the death of a two year old child near a building site.
Significant Points of the Case:
Declan Elton, a two year old boy, was playing with friends on a group of concrete slabs which had been left on a grass verge outside a construction site in Leicester.
Kotak (the owner of the site) and Patterson had failed to put in place measures to prevent children from playing near the slabs, each of which weighed 300kg.
The accident could have been avoided if the two men had ensured that the slabs were either stored inside the site or properly fenced off.
Kotak failed to comply with an HSE Prohibition Notice requiring him to employ a competent person to supervise operations on the site.
The HSE investigation revealed that Kotak was also responsible for unsafe excavation work at the site. Although no-one was injured as a result, the public was put at risk of falling into holes dug at the edge of the site.
Points in Mitigation
Following the incident, Kotak, who pleaded guilty, ensured that the slabs were installed by a competent contractor.
Patterson denied breaches of health and safety regulations and argued that Kotak had been in charge of the site. He stated that he would be unable to pay a large fine.
Fines
The following fines were imposed:
Kotak was fined £17,500 for breaches of regulations 8(5) and 12(1) of the Construction (Health, Safety and Welfare) Regulations 1966 (CHSWR); £7500 under s.33(1) of the HSWA, for failing to comply with a prohibition notice; and £3000 costs;
Patterson was convicted of an offence under regulation 8(5) of the CHSWR and was fined £4000.
Northampton Crown Court May 2005
HSE Comment
Section 33 of the HSWA deals with offences. In relation to Prohibition Notices, it states that it is an offence to contravene any requirement or prohibition imposed by an Improvement Notice or Prohibition Notice.
Regulation 8 of the CHSWR deals with falling objects. It states, in summary, that materials and objects must not be stored in a manner likely to give rise to danger if they collapse, overturn or move unintentionally.
Regulation 12 of the CHSWR deals with excavation. It states, in summary, that excavations must not pose a risk to persons or of vehicles falling into them. The investigating HSE Inspector commented after the case that the tragedy was a sobering reminder that construction sites are dangerous places for children. Extra care must be taken to ensure that sites are secure and that materials and plant are stored safely.
It should have been obvious that children would be tempted to play on the large concrete units. These had been left outside a construction site next to homes and a large public play area. Kotak and Patterson had failed in their duty to make the site as safe as possible, but parents and children should also remember that building sites are not playgrounds.
Everyone involved in building projects, including property developers, must take proper precautions to protect the public, particularly children, when carrying out work and storing materials.
PENINSULA COMMENT
Although this case deals with an incident that occurred on a building site it should be an object lesson for all employers.
Every year a substantial percentage of workplace fatalities involve children. There is no excuse for ignoring or failing to manage workplace risks that expose children to harm.
Employers must ensure that their workplaces and working environments are properly secured and protected and that equipment is properly secured when not in use; goods and material are properly stored and secured; and hazardous chemicals are properly stored and protected.
It is not sufficient just to put up warning signs or to rely on other people to manage the risks on your behalf. The legal and absolute duty imposed by health and safety law is imposed on the employer (duty holder/directing mind).
Peninsula has provided its clients with information and guidance on how to properly manage workplace risks involving children and young persons.