星空传媒

The Health and Safety Executive (HSE) has successfully prosecuted property developers Jeremy Freeman, Simon Freeman, Anne Freeman, and contractor David J Mitchinson, following an investigation into the death of Jason Lesaux during the refurbishment of a Georgian mansion block, 51 Queens Gardens, London, W2. The four defendants received fines totalling 拢100,000, plus costs of 拢40,000, at the Old Bailey, London.

On 11 February 2004 Mr Lesaux, aged 37, fell from the fourth to the first floor, through a hole that had been created so that materials could be raised up through the building. No edge protection had been erected around the opening. HSE inspectors found several other areas on the site where workers could have fallen considerable distances. A prohibition notice was issued by HSE after the incident, closing the site.

Following sentencing, HSE inspector Kevin Shorten, one of the investigators, said: 鈥淭his is one of the worst sites I have ever seen. Small sites are the most dangerous and it is important that the contractor is sufficiently resourced to comply with safety regulations.

Regs for a reason

鈥淭he Construction (Design and Management) Regulations (CDM) are intended to create a planned, efficient and safe system of work. Any property developer who ignores the law and engages a contractor, who is not competent to carry out the work involved, is putting themselves in a position where they can be subject to criminal prosecution. They must also know that their actions can directly contribute to somebody鈥檚 death.

In summing up the case, Judge Stone commented that Jeremy Freeman was advised on more than one occasion that safe practices were required, that advice was not adopted, and he was driven to accept that the purpose of that was to avoid trouble and expense.

The Judge accepted that Simon and Anne Freeman were not concerned with the day-to-day working of the firm, but commented that Simon Freeman had the principal legal responsibility, which he failed to discharge.

Speaking of Mitchinson, Judge Stone said that he was plainly avoiding the costs necessary for the safe delivery of the project.

Addressing the Lesaux family he added that the accident was a tragedy of enormous proportions, he kept in mind the terrible loss and the impact it will have, and at the same time acknowledged that nothing would bring back Mr Lesaux.

鈥淧reventing falls is a key area that all those involved in the construction industry, including property developers must address.鈥�

The relevant legislation in this case was Section 3(2) of the Health and Safety at Work etc Act 1974, Regulation 6(1)(A) and Regulation 10 of the CDM Regulations 1994. Jeremy Freeman of Hendon, London, was fined 拢15,000 for breaching Section 3(2) of the Health and Safety at Work etc Act 1974, 拢15,000, for breaching Regulation 6(1)(A) and 拢15,000 for breaching Regulation 10 of the CDM Regulations 1994. He was ordered to pay 拢21,000 costs.

Simon Freeman, of East Finchley, London, was fined 拢20,000 plus 拢7000 costs, Anne Freeman, of St John's Wood, London, was fined 拢20,000 plus 拢7000 costs and contractor Mitchinson, of Rainham, Essex, was fined 拢15,000 for breaching Section 3(2) of the Health and Safety at Work etc Act 1974. He was ordered to pay 拢5000 costs.

All the defendants had pleaded guilty to breaching the regulations - but what do the regulations actually say?

The definitions

Regulation 6(1)(A) of the CDM Regulations 1994 states that: 鈥淓very client shall appoint a planning supervisor.鈥� Regulation 10 of the CDM Regulations 1994 states that:

鈥淓very 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.鈥�

Section 3(2) of the Health and Safety at Work Act 1974 states that: 鈥淚t shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure...that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health and safety.鈥�

Despite the clarity of these requirements, the fines, and the publicity, accidents like Jason Lesaux鈥檚 keep happening. The HSE鈥檚 statistics on falls from height make grim reading for the industry. In 2003/04, 36 construction workers died, and many thousands more suffered serious injury, as a result of a fall from height in the workplace. They are the most common cause of fatal injury to employees, and provisional data shows that 31 fall-from-height fatalities occurred in 2004/5.