Demolition health and safety – company and contractor sentenced for uncontrolled collapse of building on high street

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The owner of a building in Kent and the contractor employed to demolish it have been fined for safety failings after an uncontrolled collapse onto a high street.

An investigation by the Health and Safety Executive (HSE) into the collapse, which occurred in November 2013, found that the contractor had failed to properly plan the work and then carried out unsafe demolition work.

The building owner did not make any enquiries into the suitability or competence of the contractor to undertake the demolition.

Neither the building owner nor the contractor applied for a road closure and members of the public were put at risk.

The building owner pleaded guilty to breaching Regulation 4(1) of the Construction (Design and Management) Regulations 2007, and was fined £160,000 and ordered to pay costs of £9128.89.

The contractor pleaded guilty to breaching Regulation 25(1) of the Construction (Design and Management) Regulations 2007, and has been sentenced to nine months imprisonment suspended for two years.

HSE inspector Andrew Cousins said after the hearing: “Lives were put at risk when this structure uncontrollably collapsed. Clients have a responsibility to appoint competent contractors to undertake hazardous work such as demolition.

“Those in control of demolition have a responsibility to plan demolition work and to devise a safe way of working that protects both the workers and members of the public.

“The job could have been safely carried out by simply undertaking the demolition behind a substantial hoarding.”

Demolition

What you need to do

The law says that all demolition, dismantling and structural alteration must be carefully planned and carried out in a way that prevents danger by practitioners with the relevant skills, knowledge and experience. Key issues are:

  • Falls from height
  • Injury from falling materials
  • Uncontrolled collapse
  • Risks from connected services
  • Traffic management
  • Hazardous materials
  • Noise and vibration
  • Fire
  • Worker involvement

What you need to know

A systematic approach to demolition projects is a team effort between many people, who all have responsibilities:

  • Clients must appoint dutyholders who have the relevant skills, knowledge and experience and where organisations, the organisational capability, and are adequately resourced.
  • Clients, with the help of the principal designer must provide those who need it (eg, designers, contractors) with pre-construction information that can reasonably be obtained. A range of surveys and reports will be needed – for example, to check for presence of asbestos; structural stability of site and nearby structures; the location of above and below ground live services in the work area; etc. These should be done before work begins and not be left for the principal contractor to organise once the demolition work has started.
  • Principal designers must plan, manage, monitor and coordinate health and safety issues in the pre-construction phase (i.e. before demolition starts) to give principal contractors as much information as possible to allow the principal contractor to keep people (site workers and the public) as far as possible from the risks.
  • Principal contractors must plan, manage, monitor and coordinate health and safety issues during the demolition work.
  • Site managers must ensure workers are supervised and are following safe working practice.
  • Sub-contractors and site workers must follow the instructions and plans given to them by those in charge of the work and ensure that their colleagues do too.

Falls from height

During demolition and dismantling, workers can be injured falling from edges, through openings, fragile surfaces and partially demolished floors.

Dutyholders have a responsibility to assess, eliminate and control the risks of falls from height. Find out more about falls from height: http://www.hse.gov.uk/construction/safetytopics/workingatheight.htm.

Injury from falling materials

Workers and passers-by can be injured by the premature and uncontrolled collapse of structures, and by flying debris.

A safe system of work is one that keeps people as far as possible from the risks. This may include:

  • establishing exclusion zones and hard-hat areas, clearly marked and with barriers or hoardings if necessary
  • covered walkways
  • using high-reach machines
  • reinforcing machine cabs so that drivers are not injured
  • training and supervising site workers

Uncontrolled collapse

The structural survey should consider:

  • the age of the structure
  • its previous use
  • the type of construction
  • nearby buildings or structures
  • the weight of removed material or machinery on floors above ground level

The method statement for the demolition should identify the sequence required to prevent accidental collapse of the structure.

Risks from connected services

Gas, electricity, water and telecommunications services need to be isolated or disconnected before demolition work begins. If this is not possible, pipes and cables must be labelled clearly, to make sure they are not disturbed.

Traffic management

Effective traffic management systems are essential on site, to avoid putting workers at risk of being hit by vehicles turning, slewing, or reversing. Where possible, vision aids and zero tail swing machines should be used. Find out more about traffic management

Hazardous materials

Hazardous materials that should to be considered include dust, asbestos and respirable crystalline silica (RCS).There may also be material or contamination on site that has not been cleared, for example:

  • acids from industrial processes
  • paints
  • flammable liquids
  • unidentified drums
  • microbiological hazards (especially in old hospital buildings).

Find out more about the control of substances hazardous to health (COSHH): http://www.hse.gov.uk/coshh/index.htm

Noise and vibration

Frequent exposure to loud noise can permanently damage a persons hearing. Noise can also create a safety risk if it makes it difficult for workers to communicate effectively or stops them hearing warning signals.

Vibrating hand tools used in demolition can cause hand-arm vibration syndrome (HAVS).Workers exposure to vibration must be managed and reduced as far as possible.

Fire

Fire is a risk where hot work (using any tools that generate spark, flame or heat) is being done. During structural alteration, the fire plan must be kept up to date as the escape routes and fire points may alter. There must be an effective way to raise the alarm.

Worker involvement

Everyone involved must to know what precautions are to be taken on site. Workplaces where employees are involved in taking decisions about health and safety are safer and healthier. Your employees are often the best people to understand the risks in their workplace. Find out more about involving your workers in health and safety: http://www.hse.gov.uk/involvement

Resources

Leaflets

Books

Useful links – other HSE sites

The law

For more information, visit the HSE web page: http://www.hse.gov.uk/construction/safetytopics/demolition.htm or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

 

 

Questions you need to ask if you employ contractors – three prosecuted after man loses life due to fall through fragile roof

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

Three prosecuted after man loses life due to fall through fragile roof

A company, its director, and a self-employed contractor have been prosecuted by the Health and Safety Executive (HSE), after a man was fatally injured by falling through a roof light.

Warrington Crown Court heard how in June 2013, the man was working with his friend. They were cleaning roof lights on the roof of a building at a Cheshire industrial estate.  The man fell approximately 7m through a roof light to the work-shop floor underneath, and subsequently died.  Both the roof and the roof lights were not able to support the weight of a person.

The HSE investigation found that his friend, who primarily was a gardener and not a roofer, did not take precautions to prevent a fall through the roof, nor off its edge. He did not have the necessary knowledge or competence to carry out the work.

The company failed to have adequate systems in place to ensure a competent roofer was appointed. Both the company and its director failed to adequately plan and supervise the work, due to their own lack of understanding of standards and the law relating to work on fragile roofs.

The company pleaded guilty to breaching Regulation 4(1) and Regulation 5 of the Work at Height Regulations 2005, and were fined £20,000 with more than £8,000 costs.

The company’s director pleaded guilty to breaching two counts of Section 37 of the Health and Safety at Work etc. Act 1974. He was sentenced to four months imprisonment on each count (suspended for 12 months) and was ordered to pay more than £8,000 costs.

At a recent hearing, the man’s friend pleaded guilty to breaching section 3(2) of the Health and Safety at Work etc. Act 1974. He was sentenced to six months imprisonment (suspended for 12 months) and was ordered to pay more than £8,000 costs.

An HSE inspector said after the hearing that if the company and its director had asked questions about the man’s friend’s experience and knowledge (of roof work standards), they would not have employed him. “He should have recognised he was not competent and should not have carried out the work. With these simple considerations, [the man] would not have been on the roof and would not have died in the way he did.”

Do you employ contractors?

If you employ contractors, you have a legal duty to make sure they are competent to do the work you want them to do.

Questions you need to ask

Their experience:

  • What experience do they have in the type of work?
  • Can they provide references? You may want to check these.

Their competence:

  • Do the contractor’s employees hold relevant certificates of competence? (e.g. chainsaw use, tree climbing and aerial rescue, chippers, MEWPs?)
  • Are they a member of a trade or professional body? (e.g. the Arboricultural Association, International Society of Arboriculture, Forestry Contracting Association)
  • What is their safety performance like? (e.g. accident records)?
  • Can they provide examples of methods of work, risk assessments or other documentation to show they are familiar with the type of work?

Their management arrangements:

  • What are their procedures for managing health and safety?
  • Do they properly plan and organise work at height? (e.g. use of MEWP v climbing)
  • Will the work be sub-contracted and if so, how will they control it?
  • How do they supervise and manage their site work?
  • What Codes of Practice or standards will the contractor be working to e.g. AFAG safety guides, Guide to good climbing practice
  • Do they provide employees with the correct personal protective equipment? How do they monitor and check their own safety standards?
  • How do they inspect and check their equipment (owned or hired) e.g. as required by the Lifting Operations and Lifting Equipment Regulations
  • Do they have employers’ liability, public liability and professional indemnity insurance?
  • Are they asking you about your risks or needs?

The more complex and potentially dangerous the activities, the more likely it is that the answers and information will need to be recorded. As the client, you will be responsible for checking that any contractor you appoint is competent to do the work safely.

Once you have selected a competent contractor, you will need to exchange information and agree the method of work. Both will need to be done before work starts. Pre-work meetings are a good way of ensuring that the work is properly planned and controlled. Finally, you will also need to monitor the work.

For more information, download the free HSE leaflet “Using contractors – A brief guide”: http://www.hse.gov.uk/pubns/indg368.pdf or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence