The Health and Safety Executive (HSE) has prosecuted a London-based property company after an unskilled labourer trod on a section of asbestos roofing and fell 6.5 metres, landing on a concrete floor.

In May 2008, Aydin Acay was working with self-employed builder Ahmet Ergun, who was trading as Ergun Building Services.

Demetrius Michael had been contracted by Perryman Properties Ltd to refurbish a manufacturing unit at Fountayne Road in Haringey, north London – and Mr Michael in turn subcontracted Mr Ergun to carry out some of the work.

Mr Michael asked Mr Acay to inspect part of the roof belonging to the unit, which was being divided into 30 individual units.

When Mr Acay stepped on a section of the roof, it gave way, plunging him to the floor below, which resulted in him fracturing two vertebrae in his back.

The investigation found that Perryman Properties Ltd failed to appoint a construction, design and management co-ordinator, as well as a principal contractor.

The company also failed to check the competence of people they had appointed and as a result they employed a contractor who was not competent – Demetrius Michael.

Mr Michael in turn failed to ensure that the workers for whom he was ultimately responsible –including Mr Acay and Mr Ergun – were not exposed to risks, including those of falling from height.

Perryman Properties also failed to ensure there were suitable management arrangements for the project, said the HSE.

On Tuesday (09/02/10) at the City of London Magistrates’ Court, Perryman Properties Ltd of Craven Park Road, London N15 pleaded guilty to breaching Regulations 4(1)(a) and 9(1)(a) of the Construction (Design and Management) [CDM] Regulations 2007. 

Perryman Properties Ltd was fined £7,000 and ordered to pay £4,486.35 costs.

Demetrius Michael of Lonsdale Drive, Oakwood in Enfield pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc Act 1974. He was fined £6,000 and ordered to pay the full costs of £4,430.13.

After the hearing, HSE inspector Paul Hems said that Perryman Properties Ltd’s failure to discharge its duties as the client contributed to ‘the creation of an unsafe working environment’ at the site:

‘Clients have one of the biggest influences over the way a project is run and because of this, they are accountable for the impact their approach has on the health and safety of those working on the project.

Mr Hems also said that ‘as the person in control of the site’, Demetrius Michael had failed to ensure that work was properly planned and appropriately supervised.

‘As a result of this Mr Acay fell through a fragile roof and suffered serious injuries to

his lower spine and his hands,’ said Mr Hems.

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