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News Release from: Health and Safety Executive | Subject: workplace fatality
Edited by the Buildingtalk Editorial
Team on 03 February 2005
Companies fined £95k following
workplace fatality
Three defendants received fines totalling £95,000, plus costs of £60,000, at Southwark Crown Court, London.
The Health and Safety Executive (HSE) prosecuted Lindsay Barr, David OKeefe and Co and Britin Construction , following an investigation into the death of Romanian worker Mr Ionit Simionica during refurbishment work at St Marys Church, Bryanston Square, London, W1 On 26 February 2001 Mr Simionica, aged 22, was working in an excavation beneath a section of wall at St Marys Church
This article was originally published on Buildingtalk on 13 Jul 2004 at 8.00am (UK)
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The refurbishment work included lowering the crypt floor, which required the foundations to be reformed below their existing level using underpinning.
This involved excavating beneath the existing foundations in short sections and casting concrete "pins" underneath the wall.
It was whilst working in such an excavation that a 1.5 tonne section fell onto Mr Simionica from the underside of an unsupported wall.
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Following sentencing HSE Inspector Barry Mullen, who investigated the case, said: "Whilst welcoming the verdict handed down by the court today, the fact remains that a young man died in an incident that could have easily been avoided, had appropriate and straight forward safety measures been in place".
" "The untimely death of Mr Simionica came about through the failure to take appropriate action in relation to a potential risk in the underpinning work, that had been brought to the attention of both the structural engineer and the contractors.
The possible risks should have been addressed by uncomplicated measures including a detailed structural investigation, suitable and sufficient risk assessments and adequate protective measures, such as propping of the foundations The structural consultant engineer Lindsay Barr of Lindsay Barr Associates, Chesham, Buckinghamshire, was found guilty of breaching Section 3(2) of the Health and Safety at Work etc Act 1974 (HSW Act) in that he failed to ensure that persons not in his employment were not exposed to risks to their health and safety.
He was fined £45,000 and ordered to pay costs of £30,000 to HSE.
More ?/Simionica prosecution ?/2 The principal contractor David OKeefe and Co of Prince Georges Road, London, SW19 were fined £25,000 and ordered to pay costs of £15,000 to HSE having been found guilty of charges of breaching: ? Section 3(1) of the HSW Act; ? Section 16(1)(a) of the Construction (Design and Management) Regulations 1994; and ? Regulation 9(1) of the Construction (Health Safety and Welfare) Regulations 1996.
Britin Construction of Aylesford, Kent, were fined £25,000 and ordered to pay costs of £15,000 to HSE having been found guilty of the charges of breaching: ? Section 2(1) of HSW Act; ? Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999; and ? Regulation 9(1) of the Construction (Health, Safety and Welfare) Regulations 1996.
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