WORKING AT HEIGHT FOCUS
“If suitable edge protection
had been installed, the
tragic death of this
employee could have
been prevented.”
Photograph: Neil Phillips
RECENT PROSECUTIONS
CONSTRUCTION FIRM IN COURT AFTER WORKER FELL
6M & DIED
19 January 2018
Plymouth Magistrates’ Court heard how Neil Phillips, an
employee of C & R Construction (SW) Ltd, suffered fatal injuries
after falling over six metres whilst carrying out work installing
roof sheets on a new agricultural building.
On 11 May 2016, Phillips, from Tiverton, slipped and fell
over 6 metres while working on the roof of the building at
Rydon Farm in Devon. He suffered a spinal cord injury and
brain damage. Phillips, a 44-year-old father of two, died later
that same afternoon at Derriford Hospital.
A family statement was released after the inquest in March
last year. It said:
“Neil served for 12 years in the Royal Engineers, including
tours of duty in dangerous places. He worked in close
protection with the UN War Crimes Tribunal in The Hague,
Holland. He accompanied senior war crimes investigators into
very dangerous situations.
“Given this background, no one would have expected Neil to
meet his death in the manner he did. At the time of his death,
Neil was working in an industry where consideration of safety
appears to be secondary to time and money.
“Safety procedures were sadly lacking on the site where he
was working.
“The biggest loser in this tragedy are Neil’s two young
daughters Carrie and Amy who he loved very much. We all
hope that lessons will be learned from Neil’s death, not only
by Neil’s former employers C&R Construction, but by the wider
industry generally.”
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HSE INTERNATIONAL
An investigation by the Health and Safety Executive (HSE)
into the incident found that the company failed to provide
suitable edge protection, failed to ensure there was a suitable
and sufficient assessment of the risks from the use of the
edge protection, and failed to ensure those installing the edge
protection and supervising the work had received adequate
training.
C & R Construction (SW) Ltd of Lower Park, Crediton, Devon
pleaded guilty to breaching Section 2 (1) of The Health and
Safety at Work Act 1974. The company was fined £100,000 and
ordered to pay costs of £11,060.40.
Giving evidence, Paul Conibeare, co-director of C&R
Construction said that he had not been aware that the edging
protection used on the job, which was what they used on a
daily basis, should have been 500mm rather than 250mm. As
reported by DevonLive, since Phillips’ death, C&R Construction
have doubled up their edging protection to meet the health
and safety guidelines.
Mr Conibeare said: “I would not have used it if I thought it
was unsafe.”
Conibeare also denied that putting up the edging
themselves rather than using an external scaffolding company,
which they did most of the time on big jobs, was based on
saving money. He said the cost worked out to be the same.
Speaking after the hearing HSE Inspector Kate Leftly said:
“Falls from height remain one of the most common
causes of work related fatalities in this country and the risks
associated with working at height are well known.
“If suitable edge protection had been installed, the tragic
death of this employee could have been prevented.”