A property company, which failed to manage a construction project properly and employed a contractor without checking his competence, has been ordered to pay over £11,000 in fines and costs for offences under the Construction (Design and Management) Regulations (CDM).

The HSE prosecuted Perryman Properties and its contractor Demetrius Michael after an incident in which an unskilled labourer Aydin Acay fell through a fragile roof during renovation work at an old factory site. He suffered two fractured vertebrae and serious injuries to his hands.

Perryman had hired Michael to do the refurbishment work, which included dividing the building into around 30 separate units. Michael then subcontracted some of the work to Ahmet Ergun, a self-employed builder trading as Ergun Building Services.
On 19 May 2008, Michael instructed Acay, who was working with Ergun, to inspect part of the structure’s roof. As he stepped onto a section of asbestos cement sheeting, it gave way and he fell about 6.5 metres to a concrete floor below.

As the project client, Perryman had not appointed a CDM co-ordinator or principal contractor, had no suitable management arrangements in place, and failed to check the contractors’ competence.
“Clients have one of the biggest influences over the way a project is run and because of this, they are accountable for the impact their approach has on the health and safety of those working on the project,” said HSE inspector Paul Hems.
“As the person in control of the site, Demetrius Michael failed to ensure that work was properly planned, appropriately supervised and carried out in a safe manner.”

City of London magistrates told Perryman Properties to pay £7000 in fines plus £4486 costs for offences under Regulations 4(1)(a) and 9(1)(a) of CDM 2007. They fined self-employed Michael £6000 with costs of £4430 after he admitted breaching Section 3(2) of the Health and Safety at Work Act.

 

 

 

Call 08456 434 699

 

Page Updated: