A construction company was fined a total of
ฃ40 000 and ordered to pay ฃ12 983 costs
at the Old Bailey after pleading guilty to
a breach of health and safety legislation.
The case, brought by the Health and Safety
Executive (HSE) against Euglena Ltd, arose
following a fatal accident during construction
work at St Thomas’ Hospital, Lambert Palace
Road, London SE1.
Construction worker Ian Mallon was laying
block work at a height of about 2.5 miters
when he fell from the unguarded edge of a
scaffold work platform on 17 June 2001. As
a result of the fall Mr. Mallon suffered severe
head injuries from which he died in hospital
several days later. The incomplete scaffold
platform used by Mr. Mallon and his workmates
had not been inspected by a competent
person after its alteration.
Euglena Ltd pleaded guilty to a breach of
duties under section 3(1) of the Health and
Safety at Work Act etc. 1974, in that they
failed, so far as was reasonably practicable,
to ensure the health and safety of persons
not in their employment.
Sentencing the company, the Judge said:
‘Sadly it is all too often the case [that] when not
adequately supervised corners are cut, a principal
contractor must be alive to such risks.’
HSE Principal Inspector, Neil Stephens,
said after the case:
‘This case has demonstrated that principal
contractors simply cannot assume that
sub-contractors, if left unsupervised, will act
safely. Principal contractors must ensure that
they have adequate arrangements in place to
supervise the work of their sub-contractors’.