Six-and-a-half metre fall causes fractured vertebrae

Failure to appoint a construcion, design and management co-ordinator and a principal contractor led to a worker falling six-an-a-half metres through asbestos cement sheeting onto a concrete floor.

City of London Magistrates Court heard on 9 February 2010 how Perryman Properties Ltd hired Demetrius Michael to refurbish a unit, previously used manufacturing premises in Haringey. Mr Michael was instructed to partition the unit into 30 separate units. He subcontracted some of the work to Ahmet Ergun, a self-employed builder trading as Ergun Building Services.

Aydin Acay, an unskilled labourer who was working with Mr Ergun, was instructed by Mr Michael on 19 May 2008 to inspect part of the roof. When Mr Acay stepped onto a section of asbestos cement sheeting, he fell about six-and-a-half metres onto a concrete floor, suffering two fractured vertebrae.

The Health & Safety Executives investigation found that Perryman Properties Ltd failed to appoint a construction, design and management co-ordinator and a principal contractor; failed to check the competence of people they had appointed and because of this they employed an incompetent contractor, Demetrius Michael. Perryman Properties Ltd also failed to ensure there were suitable management arrangements for the project.

Demetrius Michael failed to ensure that the workers, including Mr Acay and Mr Ergun, were not exposed to risks, including falling from height.

Perryman Properties Ltd of London pleaded guilty to breaching Regulations 4(1)(a) and 9(1)(a) of the Construction (Design and Management) [CDM] Regulations 2007. The Court heard that on and around 14 April 2008, Perryman Properties Ltd employed Demetrius Michael to carry out construction work without managing the project properly or checking he was competent. Perryman Properties Ltd was fined £7,000 and ordered to pay £4,486.35 in costs.

Demetrius Michael of Enfield pleaded guilty to breaching section 3(2) of the Health and Safety at Work etc Act 1974. He was fined £6,000 and ordered to pay the full costs of £4,430.13.

HSE Inspector Paul Hems said: "Clients have one of the biggest influences over the way a project is run and because of this, they are accountable for the impact their approach has on the health and safety of those working on the project. Perryman Properties Ltd's failure to discharge its client duties contributed to the creation of an unsafe working environment at the site.

Inspector Hems concluded: "As the person in control of the site, Demetrius Michael failed to ensure that work was properly planned, appropriately supervised and carried out in a manner. As a result of this Mr Acay fell through a fragile roof and suffered serious injuries to his lower spine and his hands."

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