Resident fell through balcony
The accident
In August 2016 Simon Powell (P), who has impaired mobility and epilepsy, was sitting on his balcony in Truro. Somehow he fell through a temporary panel and landed on the beach three metres below. As a result he suffered numerous fractures and damage to his liver.
Why did it occur?
The panel was the responsibility of ChristalClearProperties Ltd (C) which was carrying out refurbishment works. The neighbouring balcony was being extended to join P’s. The new framework had already been completed, but with the toughened glass infills yet to be installed, the firm had rigged up a short-term barrier out of plywood and plastic. However, the materials were too weak to prevent P’s fall.
C could have prevented the accident by ensuring that the timing of its work resulted in the glass panels being installed immediately, by using more sturdy temporary panels, or by alternative measures to prevent P using his balcony.
No paperwork
The HSE’s investigation identified that the company had not carried out a risk assessment (see The next step ). If it had done so, it would have considered the hazard and the need to protect residents more effectively. A construction phase plan, a legal requirement under the Construction (Design and Management) Regulations 2015 , had also not been written. This would have incorporated the risk assessments for the job.
Tip. Before carrying out construction or maintenance work, complete risk assessments, ensuring that these take into account the risk to non-employees, and a construction phase plan (see The next step ).
Sentencing
The HSE prosecuted both C and its director Anthony John Ham (H). C pleaded guilty to breaching s.3(1)Health and Safety at Work etc. Act 1974 (HSWA) and was fined £22,000. H also pleaded guilty and received a twelve-week prison sentence suspended for twelve months. Each party was required to pay costs of £4,782.
Taking it personally
H was prosecuted under s.37HSWA . This applies when a director, senior manager or other senior officer causes an organisation to commit an offence through their “consent, connivance or neglect” . Broadly speaking, consent means agreeing to a dangerous act or condition, connivance is turning a blind eye, and neglect applies when someone does not know about a situation but ought to have done had they acted diligently.
Warning. As a director or senior manager, don’t be fooled into thinking you’re blameless if staff carry out dangerous work without your consent. s.37 can be used by the HSE to bring a personal prosecution against you.
For a risk assessment protecting the public from construction works and for a construction phase plan template, visit http://tipsandadvice-healthandsafety.co.uk/download (HS 17.06.04).
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