Fence ‘not fit for purpose’ – contractor fined £15k

The fence knocked her to the ground as she walked past a site in south east London. The 91-year-old, who does not wish to be named, fractured her hip and shoulder in the incident at Bromley High Street on 1 August 2012. She required a lengthy stay in hospital and now struggles with her mobility and independence.

Westminster Magistrates’ Court heard that Fadil Adil, 54, from Bromley, was responsible for the fence in question as it surrounded a development he was working on to create flats and a commercial unit.

The section that struck the pensioner was two metres high and was a similar mesh style to fencing that is commonplace across the construction industry.

An investigation by the Health and Safety Executive (HSE) established that it was poorly installed and wasn’t built or maintained to an approved design.

The court was told the weather wasn’t a factor on the day and that the fence could have fallen at any time. It was simply a case of the fence not being fit for purpose, and posing a clear risk that should have been addressed sooner.

Fadil Adil, of Coniston Road, Bromley, was fined £15,000 and ordered to pay £3,000 in costs plus a further £5,000 in compensation after pleading guilty to a single breach of the Construction (Design and Management) Regulations 2007.

Source: Barbour info

Post date: 01 Dec 2014

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