CDM Client and Contractor Together in Court

Outsource Safety LtdSafety newsCDM Client and Contractor Together in Court
May 15, 2018 Posted by Roger Hart

A CDM Client and what should have been their Principal Contractor have both been fined for failing to manage their responsibilities for safety.

CDM Client and Contractor Prosecuted

Stuart Barnes Ltd and the CDM Client Aster Property Ltd have been sentenced as a fall through fragile roofing.  Luke Maslen, 27 years old, fell almost 2 metres through the roof to the floor below and suffered a serious fracture of the upper spine, he was lucky not to have been more seriously injured or even killed.falls from height

HSE found that the work had not been properly planned, supervised or carried out in a safe manner.  Staff had not been properly trained and the project client had failed “to control how the work was carried out and to ensure any contractors hired could carry out the work safely”.

The work itself was carried out under the control of Stuart Barnes Ltd who failed to plan the work properly and in a safe manner.

  • Aster Property Limited – of Horton Avenue, Cannings Hill, Devizes, pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work etc Act 1974, and has been fined £14,600 and ordered to pay costs of £5,015.75.
  • Stuart Barnes Limited –  of Portland Road, Weymouth, pleaded guilty to breaching Regulation 4 (1)(a) of the Work at Height Regulations 2005, and has been fined £8,000 and ordered to pay costs of £5,015.75.

Speaking after the hearing, HSE inspector Allison George said:

“This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.

Falls from height remain one of the most common causes of work-related fatalities/injuries in this country and the risks associated with working at height are well known.”

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