News Criminal Regulatory 22nd Oct 2018

Craig Ferguson Secures the Acquittal of Topcon Construction Ltd

The Company faced alternative counts under section 2 and 3 of HSWA following the collapse of a 12 metre lighting column during installation, which caused significant head injuries to a labourer. The premises of the HSE’s case included breaches of the principal contractor’s CDM duties, the duty to plan, supervise and carry out lifting operations safely and to undertake a suitable and sufficient risk assessment.

The Company succeeded in establishing it had done all that was reasonably practicable to ensure the health and safety of construction workers, relying in part on the Nelson Group/HTM defence, that such failures as were proved were purely attributable to an unforeseen oversight by an otherwise highly competent, well-qualified and trained employee.

Craig Ferguson was instructed by James Jevon of DWF.

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