HSE v. Aviance UK Ltd

March 16, 2010

The Health and Safety Executive (HSE) is urging construction companies to prevent falls from height after a contractor fell over three metres while working on an airbridge at Heathrow Terminal 4.

The incident occurred on the 15 February 2007. The floor of the airbridge was being renovated by the defendant company, ROK Building Ltd. A self-employed flooring contractor, Mr. Sterry, was working on contract to ROK Building Ltd.

ROK Building Ltd, based in Exeter, pleaded guilty to a breach of Section 4 (1) of the Health and Safety at Work etc Act 1974 at the City of London Magistrates court on 14 May 2009. The company was fined today at the Old Bailey £20,000 and ordered to pay full costs of £ 17,397.14.

Immediately before the incident, the floor covering had been lifted but the underlying subfloor was found to be rotten. A ROK Building Ltd employee lifted the plywood panels so that only remaining floor was a thin, and poorly supported, metal sheet. When Mr Sterry stood on this he fell straight onto the concrete surface of the apron. As a result, Mr. Sterry received severe injuries to his legs. The defendant company (ROK) had identified that work at
height might be an important factor in their earlier assessments, but failed to implement the control measures that they identified.

Steve Kirton, HSE Inspector said, “Any work at height or work near fragile surfaces needs to be properly planned and assessed. Any identified control measures need to be fully implemented.”

Notes to editors
1. Section 4(1) of the Health and Safety at Work etc Act 1974 states: General duties of persons concerned with premises to persons other than their employees
(1) This section has effect for imposing on persons duties in relation to
those who:
(a) are not their employees; but
(b) use non-domestic premises made available to them as a place of work
or as a place where they may use plant or substances provided for their use
there, and applies to premises so made available and other non-domestic premises used in connection with them.

Staff involved: