News Criminal Regulatory 20th Nov 2019

Craig Ferguson secures the Acquittal of Sprinkler Contractor After a Trial Lasting 5 Weeks

The Company faced 2 counts under section 2 and 3 of HSWA following an accident in which an installer fell 3 metres from a clean room roof whilst conducting system pressure testing. Serious injuries resulted. The premises of the HSE’s case included breaches of the contractor’s CDM duties to plan, manage and monitor works, failure to undertake a suitable and sufficient risk assessment and failure to identify and implement adequate control measures to address the risk of falling from height from the clean room roof.

The Company succeeded in establishing it had done all that was reasonably practicable to ensure the health and safety of its employees and agency workers. The jury convicted the principal contractor of an offence under section 3 of HSWA and sentencing has been adjourned.

Craig Ferguson was instructed by James Jevon of DWF.

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