Worker found dead at construction site after suspected fall from height
February 23, 2010
The Central Criminal Court (Old Bailey) has fined a property developer and a contractor a total £25,000 following the death of a worker at a construction site in Essex.
The court heard how the body of construction worker Otari Davidovich Hudoyan was found on site on 28 March 2007. There were no witenesses to the incident that killed Mr Hudoyan, however an invesigation determined that he had suffered fatal injuries that were consistent with a fall from height.
The Health and Safety Executives investigation following the incident found that the site had a number of risks, including where floors and roofs had been stripped out. Based on the investigation, the Health and Safety Executive prosectued principal contractor Ali Aslan, and property developer Kemal Has.
Mr Aslan, was Mr Hudoyans employer. He failed to ensure that his workers received adequate training and failed to ensure work was carried out in a safe manner. The investigation also found that Mr Aslan had failed to ensure all equipment on the site was safe for workers to use and no plan of the work to be carried out on the site had been produced. Mr Aslan pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act and received a fine of £10,000 and ordered to pay costs of £8,038.
The Health & Safety Executives investigation also found that the developer, Kemal Has had failed to produce any health and safety information for his contractor regarding the building, as well as failing to appoint a competent principal contractor. Mr Has pleaded guilty to breaching section 3(2) of the Health and Safety at Work etc Act 1974 and was fined £15,000 and ordered to pay costs of £8,038.
HSE Inspector, Helen Donnelly, said: "This is a shocking and appalling example of a property developer and a contractor both disregarding the law, leading to a workers death. All construction sites need to be properly managed by competent contractors. Had this have happened, then Mr Hudoyans death could have been avoided.
Inspector Donnelly concluded: "The risks of working at height are well-known and falls from height remain the most common cause of death in the construction industry."
Find out more about Working at Height
The court heard how the body of construction worker Otari Davidovich Hudoyan was found on site on 28 March 2007. There were no witenesses to the incident that killed Mr Hudoyan, however an invesigation determined that he had suffered fatal injuries that were consistent with a fall from height.
The Health and Safety Executives investigation following the incident found that the site had a number of risks, including where floors and roofs had been stripped out. Based on the investigation, the Health and Safety Executive prosectued principal contractor Ali Aslan, and property developer Kemal Has.
Mr Aslan, was Mr Hudoyans employer. He failed to ensure that his workers received adequate training and failed to ensure work was carried out in a safe manner. The investigation also found that Mr Aslan had failed to ensure all equipment on the site was safe for workers to use and no plan of the work to be carried out on the site had been produced. Mr Aslan pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act and received a fine of £10,000 and ordered to pay costs of £8,038.
The Health & Safety Executives investigation also found that the developer, Kemal Has had failed to produce any health and safety information for his contractor regarding the building, as well as failing to appoint a competent principal contractor. Mr Has pleaded guilty to breaching section 3(2) of the Health and Safety at Work etc Act 1974 and was fined £15,000 and ordered to pay costs of £8,038.
HSE Inspector, Helen Donnelly, said: "This is a shocking and appalling example of a property developer and a contractor both disregarding the law, leading to a workers death. All construction sites need to be properly managed by competent contractors. Had this have happened, then Mr Hudoyans death could have been avoided.
Inspector Donnelly concluded: "The risks of working at height are well-known and falls from height remain the most common cause of death in the construction industry."
Find out more about Working at Height
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