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COMPANY FINED £7,500 FOR CONSTRUCTION SITE DEATH

Circleworth Ltd, a London-based construction company, was fined £7,500 at the City of London Magistrates Court on Friday 11 March 2005. The prosecution, brought by the Health and Safety Executive (HSE), followed its investigation into the death of Mr Edward Smith following an accident on 18 November 2002 during the refurbishment of a domestic residence in Ainsdale Road, London, W5.

Mr Smith, a 63-year old self employed carpenter, was involved on a job to refurbish a semi- detached house and build a loft conversion when he fell approximately 2.4 metres from the exterior access scaffold. No appropriate ladder had been provided to access the scaffold. The ladder that was used on the day of the accident was too short for the purpose. It is believed that Mr Smith fell whilst trying to access the scaffold. He suffered severe head injuries and died next day.

Speaking after the case, HSE investigating inspector Kevin Shorten, said:

"'The tragic death of Edward Smith and the grief suffered by his family and friends at the firm, could have been avoided if the company had ensured that the ladder used to access the scaffold was long enough to extend 1m past the landing point and was secured in place. Any contractor or site foreman who reads about this case should make sure they check the ladders in use on their sites."

Circleworth Ltd, of Goodson Road, London, NW10, pleaded guilty to a charge of breaching section 3(1) of the Health and Safety at Work etc Act 1974 at the City of London Magistrates' Court on 11 March 2005. The company was fined £7,500 and ordered to pay £2,877 costs.

Notes to Editors
1. Section 3(1) of the Health and Safety at Work etc Act 1974 states that:
"It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health and safety."

2. The maximum penalty that can be imposed at a Magistrates Court for a breach of section 3(1) of the HSWA is £20,000.

3. In 2003/04 38 fatalities to workers in the construction industry were due to falling from a height, an increase of 5 from 2002/03.

4. Information about the work of HSE's Construction Division can be found on the HSE website at: http://www.hse.gov.uk/construction/index.htm

HSE information and press releases can be accessed on the Internet:
http://www.hse.gov.uk/

Client ref E036:05

GNN ref 112557P




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