HSE Press Release E192:01 - 23 October 2001
London Borough of Havering and McDonald's Insulation and Maintenance Limited fined £10,500
McDonald's Insulation and Maintenance Limited and The London Borough of Havering were today fined more than £10,000 between them, at Havering Magistrates' Court for breaching health and safety regulations.
The prosecution by the Health and Safety Executive (HSE) followed an accident in which McDonald's Insulation and Maintenance Limited employee Terry Upton, fell three metres through a fragile roof of a disused building on 20 February 2000. He was removing an asbestos cement roof at Clockhouse Primary School, Romford on behalf of the council.
Despite asbestos cement sheeting being a well known fragile material, Mr Upton and his colleagues were working under an unsafe system of work on the roof with a ladder that did not cover the length of the roof, when there are several recognised safe methods. He sustained severe head injuries as a result of the fall and was in a coma for several weeks. Mr Upton still has speech and memory problems and has been told that he may not be able to return to work.
The London Borough of Havering pleaded guilty to breaching regulation 10 of the Construction Design and Management (CDM) regulations 1994 in that they failed to prepare a health and safety plan prior to the start of the construction phase started on demolition. They were fined £4,500 and £5043.52 costs.
McDonald's Insulation and Maintenance Limited, contracted by the council pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 in that they failed to provide and maintain a safe system of work during the removal of the asbestos cement sheet from the roof. They were fined £6,000 with £1,485.47 costs.
In sentencing the magistrate highlighted the lack of co-ordination in the London Borough of Havering's management of the work and that McDonald's Insulation and Maintenance Ltd's employees had not been fully protected or given appropriate training.
HSE's investigating inspector Emma Brown said: "The HSE is pleased with the outcome of this case. We believe that all elements of demolition and dismantling work should be included as part of the project and therefore subject to CDM regulations. In pleading guilty the Borough accepted they had made a mistake in treating the asbestos removal separately from the remainder of the demolition. We believe that CDM highlights the important role the client has to play."
Notes to Editors
1. The London Borough of Havering pleaded guilty to breaching Regulation 10 of the Construction (Design and management) Regulations 1994 at Havering Magistrates' Court on Monday 22 October 2001.
2. Regulation 10 of the Construction (Design and Management) Regulations 1994 states: "Every client shall ensure, so far as is reasonably practicable, that the construction phase of any project does not start unless a health and safety plan complying with regulation 15(4) has been prepared in respect of that project."
3. McDonald's Insulation and Maintenance Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 at Havering Magistrates' Court on 27 July 2001.
4. Section 2(1) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."
PUBLIC ENQUIRIES:
Call HSE's InfoLine, tel: 08701-545500 or write to: HSE Information Services, Caerphilly Park, Caerphilly CF83 3GG.
This page is sponsored by Professional Health and Safety Consultants Ltd. Phone Internationally: +44 2087787838 or UK London 020 8778 7838 for all your health and safety requirements.