Yet another architect fined………………………..

An architect’s practice and a construction company involved in a development have been fined a total of £195,000 following a fatality on site.

The construction company pleaded guilty to breaching Section 3(1) of the Health &Safety at Work etc. Act 1974 for failing to safely manage subcontractors working for it; they were fined £75,000 and ordered to pay costs of £68,000

The architects pleaded guilty to breaching Regulations 13 & 14, of the Construction (Design and Management) Regulations 1994, which require designers to take safety considerations into account; they were fined £120,000 & ordered to pay costs of £60,000……more than the construction firm!!!!

The decreased was working for the construction company’s sub-contractors and 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 roof only had a low parapet, which was not high enough to prevent the decreased falling nine metres to the ground.

The HSE stated:

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

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

“HSE will not hesitate to take enforcement action against any company or individual who fails to carry out their health and safety duties, especially when that failure results in a tragedy, as in this case.”

For more information on Architects duties under the latest legislation – CDM 2007, contact Andrew today on 07870 777303

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