Health and Safety prosecution as result of catastrophic accident
Friday 11th March 2011
Two building firms involved with the construction of the Radison Blu Hotel in Bristol face huge fines after an accident in 2008 left a worker with severe brain injuries.
While Richard Chodkiewicz was working on the site, a 7lb scaffolding pole, which was being used as a makeshift plumb line, fell 15 storeys down a lift shaft and hit him in the head.
Despite wearing a hard hat, Mr Chodkiewicz suffered "catastrophic brain injury" that has left him needing 24 hour care for the rest of his life.
On Monday March 7th 2011 in Bristol Magistrates' Court, Mr Chodkiewicz's employer, Hoistway Limited, pleaded guilty to failing to ensure the health and safety of an employee.
Mr Dale Collins, prosecuting on behalf of the health and safety executive, told magistrates that Hoistway had failed to provide adequate risk assessments and did not identify hazards; that using a piece of scaffolding was not standard equipment checked by a competent person and was improvised; that there was inadequate site management and supervision, and that there was inadequate protection against people or objects falling.
Miller Construction, the main contractor on site, also pleaded guilty to failing to enforce sufficient health and safety mechanisms. They were said to have insufficient risk assessments and had left openings unguarded and at risk of falling objects. They had also failed to properly check Hoistway Limited's risk assessment methods.
Magistrates have referred the case to the Crown Court for sentence, stating that their powers to impose a maximum fine of £20,000 were inadequate to punish the two companies for the significant failure of their duties.
Work carried out on construction sites is heavily regulated by Health and Safety regulations to ensure that working conditions are safe. However accidents can occur and, unfortunately, sometimes the consequences can be catastrophic.
Ashfords Personal Injury team have experience in all areas of personal injury including accidents that occur at work and also have extensive experience in injury claims involving serious and catastrophic injuries.
Ashfords LLP is regulated by the Solicitors Regulation Authority. The information in this note is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
