Architects and construction at fault

Architects and construction firm both at error in fatal fall.

n architectural practice and a construction company involved in the development of a conference centre in Somerset have been fined a total of £195,000 following a fatality at the site.

Bristol Crown Court heard that Express Park Construction Company Ltd (EPCC) was the principal contractor during the building of the conference centre at Express Park in Bridgwater. The centre had been completed and was in use when staff at the site reported a problem with the air-conditioning.

On 26 January 2005, EPCC sub-contracted H&F Air Conditioning Ltd to carry out the repairs. Engineer David Cairns, 64, was working on the air-conditioning plant, which was built on a platform accessed via a ladder at the edge of a flat roof. The edge was only protected by a low parapet, and as Mr Cairns was climbing down the ladder he lost his footing and fell over the wall. He fell nine metres to the ground and died in hospital as a result of his injuries.

EPCC appeared in court on 29 July and pleaded guilty to breaching s3(1) of the HSWA 1974 and was fined £75,000. It was also ordered to pay £68,000 in costs.

The architects that designed the building, Oxford Architects Partnership, appeared at the same hearing and pleaded guilty to breaching reg.13 and reg.14 of the Construction (Design and Management) Regulations 1994, which require designers to take safety considerations into account. It was fined £120,000 and ordered to pay £60,000 in costs.

In mitigation, EPCC said it moved the ladder to a central position and put barriers around the edge of the roof.

Oxford Architects Partnership told the court that it has improved its management systems to ensure that risk assessments are continuously reviewed, and that all projects meet the requirements of the CDM regulations.

Neither company had any previous convictions and both entered early guilty pleas.

HSE inspector Sue Adsett told SHP that the case took a number of years to reach court because the investigation had been complex. She revealed that the roles of 17 other companies, which had been involved in the construction of the building, were investigated before charges could be brought.

She said: “This is a tragic case where both the failings of the construction firm and the architects led to Mr Cairns’ death.

“While it is rare for designers to be charged with breaching health and safety legislation, they must be aware they can be held responsible where bad design is an important contributory factor to a workplace fatality.

“Designers must ensure that plant and equipment can be accessed safely, and that safety harnesses are only used as a last resort.”

Following the hearing Mr Cairns’ family released a statement, which said: “The loss of David has deeply affected us all and he will be greatly missed. Our hope is that lessons are learnt within the construction industry so that other similar incidents are prevented.  Safety should be paramount during all stages of the building process so that another family doesn’t have to suffer the loss that we have.”