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26/11/2012

Firms Fined After Workers Dies Following Fall From Height

A major construction company and a concrete structures firm have been sentenced after a worker died following a fall from height at a Swansea building site.

Carillion Construction Ltd, along with Febrey Ltd, were jointly prosecuted by the Health and Safety Executive (HSE) following the incident at the Meridian Quay apartment development in Swansea on 22 January 2008.

Self-employed father of two, Russell Samuel from Porth was contracted by Febrey Ltd to work as a scaffolder at the Swansea site.

Swansea Crown Court heard he was dismantling a scaffold ladder access platform ready for the installation of the roof and staircase on the fourth floor, when he fell approximately 19 metres to the ground below, narrowly missing carpenter Raymond Haines, who was working directly below.

Mr Samuel, 40, suffered multiple injuries during his fall, including a fractured skull. He was taken to Morriston Hospital but died two days later on 24 January 2008.
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The HSE investigation found the defendants, Febrey Ltd, had inadequate and ineffective health and safety management arrangements in place and there was little or no communication, information and instruction provided to its workforce. The management team on site was not adequately trained in health and safety, despite repeated warnings by its health and safety consultants, and this led to persistent and systematic failures to control work at height risks at site.

The failing of its director was also found to have had a direct bearing on the sequence of events that led to the death of Mr Samuel.

Carillion Construction Ltd failed to ensure the safety of its employees and those under its control. The company, as principal contractor, was made aware of and had detected many failings in the safety management of Febrey Ltd. However, it failed to gain improvement from Febrey on many occasions.

Carillion Construction Ltd of Birch Street, Wolverhampton pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined a total of £130,000 and ordered to pay £52,500 in costs.

Febrey Ltd, of Burcott Road, Bristol admitted breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974. The company has since gone into liquidation was fined a total of £85, although the judge said he would have fined them £250,000 before it became insolvent.

(CD)

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